TERMS OF SERVICE
Effective Date: 24 July 2025
Last Updated: 24 July 2025
PLEASE READ CAREFULLY. This Agreement contains a binding arbitration clause and class‑action waiver in §14. By creating an account or otherwise using Figment you agree to be bound by these Terms and all policies referenced herein. If you do not agree, do not use the Service.
1. Scope & Parties
Figment (the "Service") is a creative artificial‑intelligence platform operated by HaloShift LLC, 1111B S Governors Ave, STE 25030, Dover, DE 19904, USA ("HaloShift," "we," "us," or "our"). References to "you" or "your" mean the natural or legal person accepting these Terms.
2. Eligibility
You must be at least 18 years old and able to form a binding contract under applicable law. The Service is not directed to minors and we do not knowingly collect personal data from children.
3. Accounts & Security
- You may register via Google OAuth or email. All registration data must be accurate and kept up to date.
- You are solely responsible for (i) safeguarding your credentials and (ii) all activity that occurs under your account. Notify us immediately of any unauthorized use.
4. Subscriptions, Fees & Taxes
- Paid plans are billed in advance on a recurring basis through Stripe. Prices, billing intervals, and included credits are displayed at checkout and may change with 30 days' notice.
- Fees are charged in US dollars exclusive of taxes. You are responsible for any sales, value‑added, or similar taxes.
- You may cancel at any time from your dashboard; service remains active until the end of the current cycle. The Refund Policy (Annex C) describes limited refund rights.
5. Intellectual‑Property & Content Licences
5.1 Definitions
"User Inputs" – prompts, images, text, audio, or other materials you upload.
"Outputs" – images, videos, or other media generated for you using User Inputs.
"User Content" collectively means User Inputs and Outputs.
5.2 Ownership
Except for any underlying third‑party IP embodied in an Output, you own your User Content. HaloShift claims no commercial rights in it.
5.3 Licence to HaloShift
You grant HaloShift a worldwide, non‑exclusive, royalty‑free, sublicensable licence to host, process, reproduce, display, and create derivative works of User Content solely to (a) provide, operate, and maintain the Service, and (b) comply with law. This licence ends 30 days after you delete the User Content or close your account, except that thumbnails and non‑personal analytic data may be retained to comply with our legal obligations or legitimate interests.
5.4 Feedback
If you send us feedback or suggestions, you grant HaloShift a perpetual, irrevocable, royalty‑free licence to use it for any purpose without compensation.
6. Acceptable‑Use & Content Restrictions
You agree not to:
- Violate any applicable law or regulation.
- Submit or generate content that is illegal; exploits minors; is hateful, harassing, defamatory, violent, or sexually explicit; or infringes privacy or intellectual‑property rights.
- Reverse‑engineer, decompile, probe, or otherwise interfere with the Service, its models, or security features.
- Use automated scripts to unduly burden the Service or to scrape data.
HaloShift reserves the right to remove or block any content and suspend accounts at its sole discretion.
7. Third‑Party Services
The Service integrates third‑party APIs (Google OAuth, Stripe, cloud providers, etc.). Use of those services is subject to their own terms, which you accept separately.
8. DMCA / Copyright Complaints
HaloShift respects intellectual‑property rights and responds to proper DMCA notices. See figment.video/dmca for instructions. We may remove allegedly infringing material and, in appropriate circumstances, terminate repeat infringers.
9. Termination
We may suspend or terminate your access (i) for breach of these Terms, (ii) if required by law, or (iii) for extended inactivity. Upon termination all licences granted to you end, but §§5, 8, 10 – 15 survive.
10. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR ACCURACY OF OUTPUTS. USE IS AT YOUR SOLE RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HALOSHIFT AND ITS AFFILIATES SHALL NOT BE LIABLE FOR (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; OR (B) AGGREGATE LIABILITY EXCEEDING THE GREATER OF (i) USD 100 OR (ii) AMOUNTS PAID BY YOU TO HALOSHIFT IN THE 12 MONTHS PRECEDING THE CLAIM.
12. Indemnification
You will indemnify and hold harmless HaloShift, its officers, employees, and agents from any third‑party claim arising out of (a) your User Content, (b) your breach of these Terms, or (c) your violation of any law.
13. Governing Law
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict‑of‑law principles.
14. Dispute Resolution – Arbitration & Waiver of Class Actions
Except for claims that may be brought in small‑claims court, any dispute arising from these Terms will be finally resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. Arbitration will take place in Wilmington, Delaware, unless you and HaloShift agree otherwise. You and HaloShift waive any right to participate in class or representative actions.
15. Changes
We may amend these Terms by posting a revised version and updating the "Last Updated" date. Changes become effective 30 days after posting; continued use constitutes acceptance.