Terms of Use
服务条款

You must be at least 18 years old, or the minimum age required by the laws of your jurisdiction, whichever is higher, to use the Services. If you are under the age of majority in your jurisdiction, you may use the Services only with the consent and supervision of a parent or legal guardian.

By using the Services, you represent and warrant that:

• you have the legal capacity to enter into these Terms;
• you will comply with these Terms and all applicable laws and regulations; and
• all information you provide to us is accurate, current, and complete.

Flux Art provides AI-powered creative and productivity tools, including but not limited to image generation, image editing, style transformation, prompt-based creation, content enhancement, and other AI-assisted functions.

The Services may be provided through the Flux Art website, browser-based interfaces, mobile applications, desktop applications, APIs, integrations, and other channels that we may make available from time to time.

Unless expressly stated otherwise by us in writing, the Services are general-purpose services and are not designed to comply with industry-specific regulatory requirements, including but not limited to HIPAA, FISMA, or similar frameworks. You must not use the Services where such compliance is required.

To access certain features of the Services, you may be required to create an account. You agree to provide accurate and complete registration information and to keep such information updated.

You are responsible for:

• safeguarding your login credentials;
• all activities that occur under your account; and
• notifying us promptly if you believe your account has been accessed without authorization.

We reserve the right to suspend or terminate any account that provides false information, violates these Terms, or poses a legal, security, or reputational risk.

You may submit text, prompts, images, files, instructions, feedback, or other materials to the Services ("Inputs"). The Services may generate results based on your Inputs, including images, text, edits, transformations, designs, or other materials ("Outputs"). Inputs and Outputs are collectively referred to as "User Content."

You represent and warrant that:

• you own or have obtained all rights, licenses, consents, and permissions necessary to submit your Inputs to the Services;
• your Inputs, and your use of the Outputs, do not infringe, misappropriate, or otherwise violate any intellectual property, privacy, publicity, confidentiality, contract, or other rights of any third party; and
• your User Content and use of the Services comply with these Terms and applicable law.

You are solely responsible for your User Content and for your decision to use, publish, share, license, commercialize, or otherwise rely on any Outputs.

Use of Inputs and Outputs for Model Training. We do not use your Inputs or Outputs to train our own foundational AI models. To the extent that the third-party model providers we integrate with may use submitted content for their own training or service-improvement purposes, such use is governed by those providers' own policies. Where commercially available, we configure our integrations to disable third-party training on your content, and we make reasonable efforts to honor opt-out arrangements offered by such providers.

As between you and Flux Art, and subject to your compliance with these Terms:

• you retain ownership of your Inputs; and
• to the extent permitted by applicable law, you own the Outputs generated for you through your use of the Services.

You acknowledge, however, that the copyrightability, registrability, and legal protection of AI-generated content varies by jurisdiction and remains an evolving area of law. We make no representation that any Output will qualify for copyright, trademark, patent, design, or other intellectual-property registration or protection, and the inability of an Output to obtain any such registration or protection shall not give rise to any claim against Flux Art.

Subject to these Terms, you may use, reproduce, modify, display, distribute, publish, and commercialize your Outputs for lawful purposes.

However, you acknowledge and agree that:

• Outputs may not be unique, and other users may receive similar or identical outputs;
• we do not guarantee that any Output will be eligible for copyright, trademark, or other intellectual property protection;
• you are solely responsible for reviewing Outputs before relying on or using them; and
• Flux Art does not represent or warrant that your use of any Output will not infringe or violate any third-party rights.

You grant Flux Art a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, adapt, transmit, display, and otherwise process your User Content solely as necessary to:

• operate, maintain, and provide the Services;
• improve, develop, and secure the Services;
• prevent fraud, abuse, unlawful conduct, and security threats;
• comply with legal obligations; and
• enforce these Terms.

We will not claim ownership of your User Content solely because you use the Services.

Upon termination of your account or deletion of specific User Content by you, the license granted above will terminate, except that it will survive solely to the extent necessary for our legitimate business purposes, including legal and regulatory compliance, dispute resolution, fraud and abuse prevention, security investigations, and the retention of backup or archival copies in accordance with our standard data-retention practices.

If you submit feedback, suggestions, or ideas regarding the Services, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit such feedback without restriction or compensation to you.

You agree not to use, or allow others to use, the Services to:

• violate any applicable law or regulation;
• use the Services from, for the benefit of, or on behalf of any person, entity, organization, or jurisdiction subject to comprehensive economic or trade sanctions or export-control restrictions administered by the United States Office of Foreign Assets Control (OFAC), the United Nations Security Council, the European Union, the United Kingdom, Hong Kong, or any other relevant authority, or otherwise engage in any activity that would cause Flux Art to violate applicable sanctions, anti-money-laundering, anti-terrorism, or export-control laws;
• infringe, misappropriate, or violate the rights of others;
• generate, upload, or distribute unlawful, defamatory, fraudulent, abusive, harassing, hateful, or otherwise objectionable content;
• generate, upload, request, transmit, or distribute any adult, pornographic, sexually explicit, sexually suggestive, or otherwise NSFW content, whether or not it depicts a real person, whether or not consent has been obtained, and whether or not it is lawful in your jurisdiction. Flux Art is not licensed as an adult-content service and adult content is strictly prohibited on the Services regardless of context;
• create, promote, or distribute any content involving child sexual abuse, child exploitation, the sexualization of minors, or any material that depicts, simulates, or implies sexual conduct involving anyone under the age of 18;
• create non-consensual intimate imagery (including so-called "nudify" or undressing content), sexually explicit deepfakes of any identifiable person, exploitative or harassing synthetic media, or deceptive impersonations of any individual;
• generate or distribute content that infringes the intellectual property, trademark, publicity, or personality rights of any third party, including without limitation: (i) unauthorized reproductions of copyrighted works (films, television, anime, books, photographs, illustrations, music, or game assets); (ii) recognizable copyrighted characters or franchises generated outside fair-dealing/fair-use contexts; (iii) brand logos, marks, packaging, or trade dress used to mislead or to ride on the goodwill of the rights holder; (iv) recognizable likenesses of real, identifiable persons (including public figures, celebrities, and private individuals) without their verifiable consent; and (v) the deliberate mimicry of a specific living artist's signature style where the output is presented or marketed as being by, or endorsed by, that artist;
• generate, publish, or distribute misleading content involving politicians, government officials, candidates for office, election processes, ballots, voting infrastructure, or other content reasonably likely to interfere with democratic participation, including AI-generated audio, images, or video falsely attributed to a real public figure, fabricated quotes presented as authentic, deceptive election advertising, and content intended to suppress, intimidate, or mislead voters;
• engage in fraud, phishing, spam, scams, deceptive advertising, fake-review generation, identity theft, or any other misleading conduct;
• develop or distribute malware, ransomware, malicious code, harmful scripts, or instructions facilitating cyber-attacks, unauthorized intrusion, or circumvention of security controls;
• interfere with, disrupt, overload, or compromise the integrity, security, or performance of the Services;
• reverse engineer, decompile, scrape, copy, extract, or otherwise attempt to derive source code, underlying models, datasets, or system components, except as expressly permitted by applicable law; or
• use the Services in any way that could harm Flux Art, its users, or the public.

We may investigate violations and may remove content, suspend access, retain unused credits, preserve evidence, and report conduct to law enforcement, regulators, or third-party rights holders where appropriate.

We deploy a combination of automated content-safety systems and human review to identify and act on User Content or account activity that may violate these Terms, the Acceptable Use rules, or applicable law. Our moderation program includes, without limitation:

• Pre-generation prompt filtering — incoming prompts and reference materials are screened against safety classifiers and keyword/policy filters designed to detect CSAM, non-consensual intimate imagery, sexual content involving real persons, recognizable copyrighted characters, and other prohibited categories;
• Upstream model safety layers — third-party model providers we integrate with apply their own safety classifiers and refusal mechanisms, which we honor without override;
• Post-generation output scanning — generated images and videos are scanned for prohibited categories before delivery, and outputs flagged with high confidence are blocked, quarantined, or removed;
• User reporting channel — any person may report suspected violations to [email protected], and intellectual-property complaints may be submitted via our Copyright & IP Complaints Policy;
• Hash-matching and known-bad detection — where applicable, we use industry-standard hash lists (including for known CSAM) and pattern-based detection to prevent re-uploads of confirmed violating material;
• Account-level signals and abuse scoring — repeat violations, fraud indicators, and abnormal usage patterns trigger escalated review and progressive enforcement;
• Record retention and law-enforcement cooperation — confirmed CSAM is reported to the relevant authorities (such as NCMEC or its equivalent) where required by law, and we preserve evidence and account records consistent with applicable legal obligations.

Our graduated enforcement actions include warnings, prompt rejection, output blocking, content removal, feature restriction, credit forfeiture, account suspension, permanent termination, and, where appropriate, referral to law enforcement, payment processors, and regulators.

While we make commercially reasonable efforts to enforce these rules, no automated or human moderation system is perfect, and we do not warrant that every violating piece of content will be detected and prevented. The decision to publish, share, or further distribute any Output rests with you, and you remain responsible for your conduct and content.

The Services, including all software, source code, models, algorithms, user interfaces, designs, trademarks, logos, graphics, compilations, and other materials made available by Flux Art, are owned by or licensed to Flux Art and are protected by intellectual property and other applicable laws.

Except as expressly permitted under these Terms, you may not copy, modify, distribute, sell, lease, sublicense, or otherwise exploit any part of the Services without our prior written consent.

"Flux Art" and any related names, logos, and branding are trademarks or trade dress of the Company or its affiliates. You may not use them without prior written permission.

Flux Art respects intellectual property rights and expects users to do the same. We maintain a separate Copyright & IP Complaints Policy that sets out our full procedure for submitting infringement notices, counter-notices, and our repeat-infringer policy. Please refer to that policy for the authoritative process and required information.

In summary, notices of alleged infringement should be sent to [email protected] and must include:

• identification of the work or right claimed to be infringed;
• identification and location (URL or account ID) of the allegedly infringing material;
• your name, address, telephone number, and email;
• a statement of your good-faith belief that the use is not authorized;
• a statement, under penalty of perjury (or equivalent declaration of truthfulness), that the information is accurate and that you are the rights holder or authorized to act on their behalf; and
• your physical or electronic signature.

We will respond to properly submitted notices within a reasonable time, will remove or disable access to allegedly infringing content where appropriate, and will terminate the accounts of users determined to be repeat infringers.

11.1 Subscription Fees and Auto-Renewal

By subscribing to our AI tools and services (the "Service"), you agree to pay the recurring subscription fees associated with your chosen plan. Your subscription will automatically renew at the end of each billing cycle (e.g., monthly) unless you cancel it. You authorize MORNING STAR INDUSTRY LIMITED and our authorized third-party payment processors to automatically charge your designated payment method for the renewal term.

11.2 Billing Cycle

The subscription fee will be billed pre-pay at the beginning of your billing cycle. If your payment method fails to process, we reserve the right to downgrade your account or suspend your access to premium features until a valid payment is successfully processed.

11.3 Cancellation Policy

You may cancel your subscription at any time through your account settings dashboard or by contacting our support team at [email protected]. To avoid being charged for the next billing cycle, you must cancel your subscription before the current cycle ends. Upon cancellation, you will continue to have access to the Service's premium features until the end of your currently paid billing period.

11.4 Refund Policy

Except as required by applicable law, subscription fees are non-refundable once any credits (the AI generation units allocated by your subscription order) have been consumed. If you have not consumed any credits granted by a subscription order, you may request a refund of that order by contacting [email protected].

Refunds will be processed to the original payment method. Where the refund involves currency conversion, the converted amount you receive may differ from the amount originally charged due to exchange-rate fluctuations between the time of payment and the time of refund, and we are not responsible for such differences. Payment-processor fees, currency-conversion charges, and other transaction costs that are non-refundable to us under our agreements with our payment processors or financial intermediaries may, where lawfully permitted, be deducted from the refunded amount; we will inform you of any such deduction before processing the refund.

We will review and respond to refund requests within seven (7) business days of receipt. Beyond the foregoing, we do not provide prorated refunds or credits for partially used subscription periods, partially consumed credits, or unused account features.

11.5 Unauthorized Charges & Account Compromise

You are responsible for maintaining the security of your account credentials. However, if you believe your account has been compromised and unauthorized AI subscription charges have occurred, please contact us immediately at [email protected]. Upon verification of an Account Takeover (ATO), we will refund the unauthorized charges and assist you in securing your account.

The Services may contain links to, integrations with, or functionality provided by third-party websites, applications, products, or services. We do not control and are not responsible for any third-party services, content, policies, or practices.

Your use of third-party services is governed by the terms and policies of those third parties.

We may make available certain features identified as beta, preview, early access, or experimental. Such features may be incomplete, unreliable, or subject to change or discontinuation at any time without notice.

Beta or experimental features are provided on an "as is" and "as available" basis without any warranties.

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLUX ART DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR QUIET ENJOYMENT.

We do not warrant that:

• the Services will be uninterrupted, secure, or error-free;
• any Output will be accurate, complete, lawful, non-infringing, or suitable for your intended purpose;
• defects will be corrected; or
• the Services will meet your expectations or requirements.

AI-generated content may be inaccurate, incomplete, biased, offensive, or inappropriate. You are solely responsible for evaluating and verifying Outputs before relying on or using them.

Nothing in these Terms excludes, restricts, or modifies any condition, warranty, right, or remedy that cannot lawfully be excluded or limited under the laws of Hong Kong, including where applicable under the Control of Exemption Clauses Ordinance (Cap. 71) and the Supply of Services (Implied Terms) Ordinance (Cap. 457).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLUX ART AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF FLUX ART ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT PAID BY YOU TO FLUX ART FOR THE SERVICES DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) USD 500.

Nothing in these Terms limits or excludes liability to the extent such liability cannot be limited or excluded under applicable law.

You agree to defend, indemnify, and hold harmless Flux Art and its affiliates, directors, officers, employees, contractors, licensors, and service providers from and against any claims, actions, liabilities, damages, losses, judgments, costs, and expenses, including reasonable legal fees, arising out of or relating to:

• your User Content;
• your use of the Services;
• your violation of these Terms; or
• your violation of any law or third-party rights.

We may suspend, restrict, or terminate your access to all or any part of the Services at any time, with or without notice, if:

• you violate these Terms;
• we believe your use creates legal, security, or reputational risk;
• required by law or by a lawful request of a governmental authority; or
• we discontinue the Services or any portion of them.

Upon termination, your right to use the Services will immediately cease. Any provisions that by their nature should survive termination shall survive, including provisions relating to ownership, licenses, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution.

We may modify, suspend, or discontinue the Services, in whole or in part, at any time.

We may also update these Terms from time to time. If we make material changes, we will provide notice by posting the updated Terms on our website, updating the "Last Updated" date, or by other reasonable means. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the revised Terms.

These Terms and any dispute, claim, or controversy arising out of or in connection with these Terms or the Services shall be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflict of laws principles.

You and Flux Art agree that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute, claim, or controversy arising out of or in connection with these Terms or the Services, except where applicable law requires otherwise.

A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce or enjoy the benefit of any provision of these Terms.

These Terms constitute the entire agreement between you and Flux Art regarding the Services and supersede all prior or contemporaneous understandings relating to the same subject matter.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

If you have any questions, concerns, or legal notices regarding these Terms, please contact us at:

Flux Art
MORNING STAR INDUSTRY LIMITED
Website: https://flux-art.ai
Support Email: [email protected]
Legal Email: [email protected]
Registered Office: RM 19, UNIT C1, 6/F, KAISER ESTATE PHASE 1, 41 MAN YUE STREET, HUNG HOM HK