Terms of Service

1. The Service

1.1 MadHatter provides AI-powered tools for generating and editing images, video and audio. You provide text prompts, images, video, audio or other material (“Inputs”), and the Service generates content in response (“Outputs”). Inputs and Outputs together are “Your Content”.

1.2 The Service uses machine-learning models developed by third-party model providers and, where stated, by MadHatter. Which models are available, and their settings and prices, may change. Outputs are produced by statistical models: they may be inaccurate, unexpected or unsuitable for your purpose, may not follow your Inputs faithfully, and are not unique — the same or similar Outputs may be generated for other users.

1.3 Each model provider also has its own usage policies. When you use a model through MadHatter, you must follow both our Acceptable Use Policy and that provider’s policy; where they differ, the stricter rule applies.

1.4 The Service has usage limits — for example the number of renders you can queue at once, file sizes, and request rates — which depend on your plan and may change with demand. You must not circumvent them, including by using multiple accounts.

1.5 We may update, add or discontinue features. If we discontinue the Service or materially degrade a paid feature, we will give reasonable advance notice and refund the pro-rata value of prepaid fees and unused purchased credits affected by the change.

1.6 We do not guarantee that Your Content will remain available indefinitely. Download and keep copies of anything you want to keep.

2. Eligibility and Your Account

2.1 You must be at least 16 years old to use the Service. If you are 16 or 17, you confirm that your parent or legal guardian has agreed to these Terms on your behalf.

2.2 If you use the Service on behalf of a company or other organisation, you confirm that you are authorised to bind it to these Terms, and “you” includes that organisation.

2.3 You must provide accurate registration information and keep it up to date. You are responsible for keeping your login secure and for all activity under your account. Tell us immediately at hello@madhatter.technology if you suspect unauthorised use.

2.4 Accounts are personal. You may not share, sell or transfer your account or your credentials, or create accounts by automated means.

3. Teams

3.1 A team plan is bought and managed by its owner, who pays for every seat and controls who joins. Team members draw on the team’s shared credit pool, and the owner and team admins can see how the pool is used.

3.2 Credits in a team pool belong to the team, not to individual members, and cannot be moved to a personal account. If you leave or are removed from a team, you lose access to its pool; Your Content stays in your own account.

3.3 The team owner is responsible for the team’s use of the Service and for making sure every member follows these Terms.

4. Your Content — Ownership

4.1 You own Your Content. As between you and MadHatter, you keep all rights in your Inputs, and MadHatter assigns to you whatever rights it may have in the Outputs generated for you. We do not claim ownership of Your Content, and your rights in Outputs continue after you cancel or downgrade.

4.2 Because of how machine learning works, Outputs may not be unique and other users may independently receive similar or identical outputs; your ownership does not extend to those. How far AI-generated content is protected by copyright varies by country, and we do not promise that you will be able to enforce intellectual-property rights in Outputs.

5. Your Content — License to MadHatter

5.1 Owning content and licensing it are different things. To run the Service, you grant MadHatter a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit and display Your Content solely as needed to (a) provide, maintain and secure the Service, including sending Inputs to the model provider you choose, (b) comply with the law, and (c) enforce these Terms and our Acceptable Use Policy, including automated content moderation.

5.2 This license ends when you delete the content or your account, except for copies held in routine backups for a limited period (see our Privacy Policy) and where the law requires us to keep it.

5.3 No training. We do not use Your Content to train or improve AI models — ours or anyone else’s. If we ever want to, we will ask for your separate, opt-in consent first, and you will be able to withdraw it at any time. We use model providers’ business APIs, whose terms do not allow them to train on Your Content and which limit how long they keep it.

5.4 Promotional use. You grant MadHatter a worldwide, non-exclusive, royalty-free license to feature the Outputs you generate on MadHatter — with your display name or handle for attribution — in MadHatter’s own marketing, including our website, showreels and demos, social-media and advertising channels, and public screenings and events. We will credit you where reasonably practicable and will not suggest that you endorse unrelated products. This license only covers promoting MadHatter and does not transfer ownership. You can opt out of future promotional use, or ask us to stop featuring a specific creation, at any time by emailing hello@madhatter.technology; this takes effect going forward and does not require us to recall material already printed, broadcast, screened or re-shared by others. It does not apply to Inputs showing identifiable real people.

5.5 If you share Your Content with others through the Service (for example a share link), anyone you share it with can view it. You can stop sharing at any time.

5.6 If you send us feedback or suggestions, we may use them freely and without paying you.

6. Use of Outputs and Commercial Use

6.1 You may use Outputs for any lawful purpose, including commercial use. These rights are permanent and survive downgrade, cancellation and account deletion.

6.2 On any plan, you must follow the Acceptable Use Policy, and you are solely responsible for checking that your use of an Output is lawful — including that it does not infringe anyone’s intellectual-property, personality or privacy rights — before you publish or commercialise it.

6.3 Transparency. If you share Outputs that could reasonably be mistaken for real footage or images of real people, places or events, you must clearly disclose that they are AI-generated, as required by our Acceptable Use Policy and, where it applies, Article 50 of the EU AI Act. You must not remove or alter AI labels, watermarks or provenance metadata attached to Outputs, and you must not present Outputs as made without AI.

7. Your Responsibilities

7.1 You warrant that (a) you own or have all rights and permissions needed for your Inputs, including consent from every identifiable person whose image, likeness or voice appears in them; (b) your Inputs and your use of Outputs do not break the law or infringe anyone’s rights; and (c) you will not upload sensitive personal data (such as health or biometric data) or confidential information of others without a lawful basis.

7.2 You will comply with the Acceptable Use Policy at all times. In short: no unlawful, infringing, deceptive, sexually explicit or harmful content; nothing that sexualises or endangers minors; no non-consensual depictions of real people; and nothing intended to deceive or manipulate.

7.3 You must not (a) reverse engineer, scrape, or extract data, prompts or models from the Service; (b) use the Service or Outputs to build, train or improve a competing AI model or service; (c) resell or sublicense access to the Service; (d) circumvent usage limits, content filters or safety systems, including by jailbreaking or prompt injection; (e) use the Service to identify or verify people from their face or voice; or (f) use automated means to generate content beyond what the API allows.

8. Moderation, Provenance and Removal

8.1 We use automated filters and human review to keep the Service safe. Prompts or generations may be blocked, and we may remove content, restrict features, or report content to the authorities where the law requires. Credits for generations that are blocked or fail on our side are returned automatically, subject to reasonable anti-abuse limits.

8.2 Outputs may carry visible watermarks or machine-readable provenance signals (such as metadata identifying them as AI-generated). We cannot guarantee that every Output is marked.

8.3 Intimate images. If someone has created or shared an intimate or sexual image of you without your consent using the Service, report it to hello@madhatter.technology with the subject line “Intimate image removal”. We act on valid reports within 48 hours.

9. Credits, Plans and Payments

9.1 Payments are processed by Stripe. Prices are shown in US dollars excluding VAT; VAT for your country is added at checkout. Business customers in the EU may be subject to reverse charge.

9.2 Credits. Generations are paid for with credits (“tokens”), at the price shown before you generate. Credits from your plan and credits you buy roll over from month to month and do not expire while your account is open. Credits have no cash value, cannot be transferred or sold, and cannot be exchanged for money except as set out in Section 10.

9.3 Automatic renewal. Subscriptions renew automatically, monthly or yearly, at the then-current price until you cancel. Each renewal adds that plan’s credits to your balance. If a renewal payment fails, we may retry it and, if it still fails, end the subscription.

9.4 Cancellation. Cancel any time in Settings → Manage subscription. Cancellation stops future renewals; your plan stays active until the end of the period you have paid for, and credits already in your account stay usable. Cancelling a subscription does not delete your account.

9.5 Changing plans. Upgrades take effect immediately: you pay the prorated difference for the rest of the current period and receive a prorated share of the extra credits. Downgrades take effect at your next renewal.

9.6 Price changes. We will tell you at least 30 days before a subscription price increase. It only applies from your next renewal, never in the middle of a period you have paid for. If you do not agree, cancel before the renewal.

9.7 Trial pack. The trial pack is a one-time offer of one per person. We may refuse or reverse a trial purchase that repeats an earlier trial (for example the same account, email, device or card), in which case we refund it.

9.8 Promotional credits from access codes, promotions or contests may come with their own conditions, have no cash value and are never refundable.

10. Refunds and Your Right of Withdrawal

10.1 Right of withdrawal. If you are a consumer in the EU/EEA or UK, you may withdraw from a purchase within 14 days without giving a reason. Credits and subscriptions are digital services that start immediately. At checkout you ask us to start straight away and confirm that you lose the right of withdrawal once you start using the credits from that purchase.

10.2 That means: (a) credit packs — unused credits can be refunded within 14 days of purchase; (b) a new subscription — refundable within 14 days if you have not used any of its credits; (c) after you have used credits from a purchase, that purchase is not refundable, except where mandatory law says otherwise.

10.3 Renewals are not refundable; cancel before the renewal date if you do not want to continue.

10.4 If we close your account or end the Service for reasons other than your breach of these Terms, we refund prepaid subscription fees for the unused period and the unused credits you bought. Promotional credits are not refunded.

10.5 To ask for a refund or withdraw, email hello@madhatter.technology from your account’s email address. Refunds go back to the original payment method.

11. Developer Access (API, MCP and CLI)

11.1 You can use the Service programmatically with an API key, including through our MCP server, our command-line tool and AI agents you connect. These Terms apply in full to programmatic use, and API calls use credits in the same way as the studio.

11.2 Keep your API keys confidential. Do not put them in client-side code or public repositories. You are responsible for every request made with your keys, including by agents, scripts or third-party MCP clients you authorise. If a key is exposed, revoke it in Settings and tell us.

11.3 If you build something for other people on top of the Service, you are responsible for your end users, for giving them any privacy notices the law requires, and for their compliance with our Acceptable Use Policy. You must not imply that MadHatter endorses your product.

11.4 We may change or retire API features, apply rate limits, and suspend or revoke keys that are compromised or misused. Please report security vulnerabilities privately to hello@madhatter.technology rather than disclosing them publicly.

12. Intellectual-Property Complaints (Notice and Action)

12.1 We respect intellectual-property rights and follow the EU Digital Services Act and, for US matters, the DMCA. If you believe content on the Service infringes your rights, notify us at hello@madhatter.technology with: the work and the allegedly infringing material (with its URL), your contact details, a statement that you believe in good faith the use is not authorised, a statement that your notice is accurate made under penalty of perjury, and your signature.

12.2 We act quickly to remove or disable manifestly infringing content, notify the affected user with a statement of reasons, and offer a counter-notice and internal appeal. Affected users can appeal within 6 months via hello@madhatter.technology. Accounts that infringe repeatedly will be terminated. If someone repeatedly sends manifestly unfounded notices, we may stop accepting notices from them.

13. Privacy

Our Privacy Policy explains what personal data we process, why, for how long, and your rights under the GDPR. For business customers we offer a Data Processing Agreement incorporating the European Commission’s Standard Contractual Clauses where relevant.

14. Suspension, Termination and Deletion

14.1 You can stop using the Service at any time and delete your account in Settings → Account. Deletion is immediate and permanent: your account, your media, your history and your API keys are erased and cannot be restored. Unused credits are not refunded when you delete your own account, except where mandatory law requires it. Download your data and save your media first.

14.2 We may suspend or restrict your account, or remove content, where we reasonably believe you have broken these Terms or the Acceptable Use Policy, where the law requires, or to deal with a security risk. Except in serious cases — such as child-safety violations, other clearly unlawful content or security threats, where we may act immediately and report to the authorities — we will tell you why and give you a chance to respond before closing your account.

14.3 If we close your account for breach, unused credits are forfeited and you may not open a new account without our permission. If we close it for any other reason, Section 10.4 applies and we will give you at least 30 days to download Your Content first.

14.4 Sections 4, 5.2, 5.4, 6.1, 7, 12, 15, 16 and 17 survive the end of these Terms.

15. Disclaimers

15.1 The Service and Outputs are provided “as is” and “as available.” To the maximum extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy and non-infringement. We do not promise that the Service will be uninterrupted or error-free, or that Outputs will meet your needs, be accurate or original, or be free of third-party rights.

15.2 The Service depends on third-party models and infrastructure, which can affect speed, quality and availability. Estimated render times are indications only. Features marked beta or preview are provided without any warranty.

15.3 Outputs are not professional advice. Do not rely on them for medical, legal, financial or other professional decisions.

15.4 Nothing in this Section limits the rights consumers have under mandatory law, including the conformity requirements of Directive (EU) 2019/770 as implemented in your country.

16. Liability

16.1 To the maximum extent the law allows, neither party is liable for indirect or consequential damages, or for loss of profits, revenue, goodwill or data.

16.2 MadHatter’s total liability arising out of or relating to the Service is limited to the greater of (a) what you paid MadHatter in the 12 months before the event giving rise to the claim, or (b) €100.

16.3 Nothing in these Terms excludes or limits liability for (a) intent or gross negligence, (b) death or personal injury caused by negligence, (c) fraud, or (d) anything else that cannot be limited under applicable law, including mandatory consumer law.

16.4 If you are a business user, you will indemnify MadHatter against third-party claims arising from your Inputs, your use of Outputs in breach of these Terms, or your breach of the law. If you are a consumer, you are responsible for damage caused by your breach of these Terms in line with statutory rules.

17. Governing Law and Disputes

17.1 These Terms are governed by the laws of the Netherlands. If you are a consumer living in the EU/EEA or UK, you also keep the mandatory protections of the law of your country, and nothing in these Terms takes them away.

17.2 Disputes go to the competent court in Amsterdam, the Netherlands, but consumers may also bring or defend proceedings in the courts of their own country. We would rather solve problems informally first — contact hello@madhatter.technology and we will respond within 30 days.

18. Changes to These Terms

We may change these Terms for good reason (legal, security, product or economic). We will give at least 30 days’ notice of material changes by email or in the app. If you do not agree, you can end your account before the changes take effect and receive a pro-rata refund of prepaid, unused fees. If you keep using the Service after the effective date, the new Terms apply. The date at the top shows the current version.

19. General

You may not transfer these Terms without our consent; we may transfer them to an affiliate or as part of a merger or acquisition, with notice to you. We are not responsible for delays or failures caused by events beyond our reasonable control, including outages of third-party model providers. If we do not enforce a provision, that is not a waiver. If any provision is invalid, the rest remains in force. These Terms and the documents they incorporate are the entire agreement between us. We may send you notices by email or in the app. The English version prevails over translations unless mandatory law says otherwise.

Contact: MadHatter, registered in the Netherlands, Johan van Hoornstraat 19, 2595 HP Den Haag, Zuid-Holland, KvK 92761585, RSIN 866164194 — hello@madhatter.technology