Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and ZSky AI, operated by FastLab Technologies LLC ("ZSky," "we," "us," or "our"), governing your access to and use of the website located at zsky.ai and all related services, APIs, and applications (collectively, the "Service").

By creating an account or using the Service in any manner, you agree to be bound by these Terms, our Privacy Policy, and our Content Policy (collectively, the "Agreement"). If you do not agree, you must not access or use the Service.

1. Eligibility

You must meet all of the following requirements to use ZSky AI:

By using the Service, you represent and warrant that you satisfy all eligibility requirements. We reserve the right to request age or identity verification at any time and to terminate accounts that fail to verify eligibility.

2. Account Registration and Security

3. Acceptable Use

You agree to use ZSky AI only for lawful purposes and in compliance with these Terms, our Content Policy, and all applicable laws and regulations.

Zero Tolerance Policy: The following are strictly prohibited and will result in immediate, permanent account termination and reporting to law enforcement where applicable:

Additionally, you may not:

4. Content Ownership and Licensing

4.1 Your Content

As between you and ZSky AI, and subject to your compliance with these Terms, you own all content you generate using the Service ("Output") to the fullest extent permitted by applicable law. You may use your Output for any lawful purpose, including commercial purposes, without additional fees or royalties to ZSky AI.

Important: Outputs may not be unique. Due to the nature of AI generation, other users may receive similar or identical Output from similar prompts. ZSky AI does not guarantee the uniqueness, originality, or copyright eligibility of any Output. You are solely responsible for determining the intellectual property status of your Output before relying on it commercially.

4.2 License to ZSky AI

By using the Service, you grant ZSky AI a perpetual, worldwide, non-exclusive, sublicensable, royalty-free, irrevocable license to use, reproduce, modify, analyze, and create derivative works of the content you provide (including prompts and uploaded images) and the Output generated for the following purposes:

This license does not grant us the right to publicly display, sell, or commercially distribute your individual Output outside the Service without your separate, express consent. This license survives termination of your account.

4.3 ZSky AI Intellectual Property

All rights, title, and interest in the Service itself — including the website, software, AI models, algorithms, training data, branding, and documentation — are and remain the exclusive property of ZSky AI. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without our prior written consent.

4.4 No Intellectual Property Indemnification

ZSky AI does not provide indemnification against intellectual property infringement claims arising from your use of the Output. You assume all risk associated with the creation, distribution, and commercial use of content generated through the Service.

4.5 Content Storage and Deletion

ZSky AI stores your generated content ("Creations") on our servers subject to the following retention policy:

You are solely responsible for downloading your Creations before the applicable storage period expires. ZSky AI will make reasonable efforts to send email reminders prior to the scheduled deletion of your content; however, we are not liable for any loss of content resulting from your failure to download Creations before the storage period lapses, regardless of whether a reminder was sent or received.

Once the storage period expires, deleted content cannot be recovered under any circumstances. ZSky AI shall have no obligation to maintain, store, or provide copies of deleted Creations.

If your subscription is cancelled or downgraded to the free tier, the storage period applicable to your Creations will automatically revert to seven (7) days. Creations older than seven days may be deleted after the downgrade takes effect.

ZSky AI reserves the right to modify the storage periods set forth in this section. We will provide at least thirty (30) days' advance notice of any changes to storage periods via email or a prominent notice on the Service. Your continued use of the Service after such changes take effect constitutes acceptance of the updated storage policy.

5. Credits, Billing, and Subscriptions

5.1 Credits System

ZSky AI operates on a credit-based system. Different generation actions consume different amounts of credits. Credit costs are displayed in the Service and may be adjusted from time to time with reasonable notice.

5.2 Free Tier

Free accounts receive 200 free credits at signup + 100 daily when logged in with no credit card required. Daily free credits reset at midnight UTC and do not roll over. Free tier outputs are for personal, non-commercial use only. All paid tiers (Starter, Pro, Ultra, Max, Z Creator) permit commercial use of generated content.

5.3 Paid Plans

Paid subscriptions (Starter, Pro, Ultra) provide a monthly credit allocation. Subscription credits refresh at the start of each billing cycle and do not roll over to the next cycle. Subscriptions automatically renew at the then-current price unless cancelled before the renewal date through your account settings or by contacting [email protected].

5.4 Billing

All payments are processed by Stripe, Inc. By subscribing to a paid plan, you authorize recurring charges to your designated payment method. Prices are listed in US Dollars (USD) and are exclusive of applicable taxes unless stated otherwise. We may correct pricing errors even after a charge has been processed and will notify you of any correction. Late or failed payments may result in suspension of your access to paid features.

5.5 Refund Policy

To request a refund, contact [email protected] within the applicable timeframe.

6. Content Moderation

ZSky AI employs multiple layers of content moderation to ensure compliance with our Content Policy and applicable law:

You acknowledge that no automated system is perfect. You remain solely responsible for your use of generated content and for ensuring your Output complies with applicable laws and third-party rights.

7. DMCA and Copyright Complaints

7.1 Reporting Copyright Infringement

If you believe that content available on or generated through the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) to our designated Copyright Agent:

Copyright Agent
ZSky AI / FastLab Technologies LLC
Email: [email protected]
Subject Line: DMCA Takedown Notice

Your notification must include:

  1. Identification of the copyrighted work claimed to have been infringed.
  2. Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material.
  3. Your contact information (name, address, telephone number, email address).
  4. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
  5. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
  6. Your physical or electronic signature.

7.2 Counter-Notification

If you believe that content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Copyright Agent with the information required by 17 U.S.C. § 512(g)(3).

7.3 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat copyright infringers in appropriate circumstances.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZSKY AI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO ZSKY AI IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00).

10. Indemnification

You agree to indemnify, defend, and hold harmless ZSky AI and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

11. Dispute Resolution and Arbitration

11.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved without formal proceedings.

11.2 Binding Arbitration

If a dispute cannot be resolved informally, you and ZSky AI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration, rather than in court, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this arbitration provision.

The arbitrator shall have exclusive authority to resolve any dispute, including arbitrability. The arbitration shall be conducted in English. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND ZSKY AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and ZSky AI agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims.

11.4 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ZSKY AI EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

11.5 Opt-Out

You may opt out of the arbitration and class action waiver provisions by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, email address associated with your account, and a clear statement that you wish to opt out. If you opt out, you and ZSky AI agree to submit disputes exclusively to the state or federal courts in Florida.

11.6 Exceptions

Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdiction. Either party may also seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.

12. Termination

12.1 By You

You may terminate your account at any time through your account settings or by contacting [email protected]. Upon termination, your right to use the Service ceases immediately.

12.2 By ZSky AI

We may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

For violations involving CSAM, non-consensual imagery, or other illegal content, termination is immediate and permanent with no right of appeal. All relevant information will be reported to law enforcement and NCMEC as required by law.

12.3 Effect of Termination

Upon termination: (a) your access to the Service is revoked; (b) any remaining credits or unused subscription time are forfeited; (c) your generated content will be deleted in accordance with our data retention policies. Sections 4.2, 4.4, 8, 9, 10, 11, and 13 survive termination.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14. International Users

The Service is operated from the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with local laws. By using the Service, you consent to the transfer of your data to the United States as described in our Privacy Policy.

For users in the European Economic Area, United Kingdom, or Switzerland: To the extent any provision of these Terms conflicts with mandatory consumer protection laws in your jurisdiction, those mandatory provisions shall apply. Nothing in these Terms limits your rights under the EU AI Act (Regulation (EU) 2024/1689) or other applicable AI-specific regulations.

15. Statute of Limitations

You agree that any cause of action arising out of or related to the Service or these Terms must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. This limitation does not apply where prohibited by applicable law.

16. Export Controls and Sanctions

The Service and any underlying technology may be subject to U.S. export control and sanctions laws, including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and regulations administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that you will comply with all applicable export control and sanctions laws and will not, directly or indirectly, export, re-export, or transfer the Service or any Output to any prohibited destination, entity, or individual.

17. General Provisions

18. Contact Us

If you have questions about these Terms, please contact us at: