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:
- You are at least 18 years of age and the age of majority in your jurisdiction.
- You are legally permitted to access adult content under the laws of your jurisdiction.
- You are not located in, ordinarily resident in, or a national of any country subject to comprehensive United States sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and you are not listed on any U.S. government restricted or prohibited party list, including the Specially Designated Nationals (SDN) list maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).
- You are not prohibited by any applicable law from using the Service.
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
- You must provide a valid email address and create a secure password to register an account.
- You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not you authorized it.
- You must notify us immediately at [email protected] if you suspect unauthorized access.
- You may not create multiple accounts, transfer, sell, or share your account, or permit any other person to use your credentials.
- We may suspend or terminate accounts that we reasonably believe are compromised or used in violation of these Terms.
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:
- Child Sexual Abuse Material (CSAM): Any attempt to generate, distribute, or possess imagery depicting minors in sexual situations, whether photographic, computer-generated, or AI-generated, as defined by 18 U.S.C. § 2256.
- Non-Consensual Imagery: Generating sexual or intimate imagery of any real, identifiable person without their explicit, documented consent.
- Deepfakes of Real People: Creating synthetic media that depicts real, identifiable individuals in sexual, defamatory, or misleading contexts without their consent.
- Illegal Content: Any content that violates federal, state, or local law, including but not limited to bestiality, necrophilia, and extreme obscenity as defined under applicable statutes.
- Exploitation and Abuse: Content that promotes, depicts, or facilitates human trafficking, sexual exploitation, or the abuse of any person.
- Stolen or Infringing Content: Uploading or distributing content that infringes on the intellectual property rights of others.
Additionally, you may not:
- Attempt to bypass, disable, or circumvent content moderation or safety systems.
- Use automated tools, bots, or scripts to access the Service without our express written consent.
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying algorithms of the Service or any AI models.
- Use outputs from the Service to create, train, develop, or improve any artificial intelligence model, machine learning system, or similar or competitive product or service.
- Sublicense, resell, rent, lease, or redistribute the Service or access thereto.
- Engage in any activity that disrupts or interferes with the Service's infrastructure or security.
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
- Use the Service to generate spam, phishing materials, malware, or misinformation.
- Represent AI-generated output as human-created without appropriate disclosure where required by applicable law.
- Use outputs for subliminal manipulation, exploitation of vulnerable individuals, biometric surveillance, or to disrupt democratic or judicial processes.
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:
- Operating, providing, and maintaining the Service.
- Content moderation, safety enforcement, and compliance with legal obligations.
- Improving, developing, and training our AI models and Service quality.
- Generating anonymized, aggregated analytics and benchmarks.
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:
- Free Tier: Creations are stored for seven (7) days from the date of generation, after which they are permanently deleted from our servers.
- Paid Tiers (Starter, Pro, Ultra): Creations are stored indefinitely for the duration of your active subscription.
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
- Subscription Refunds: You may request a full refund within 7 days of your initial subscription purchase, provided you have not consumed more than 20% of your allocated credits for that billing cycle. Refund requests after 7 days or after significant credit usage will be evaluated on a case-by-case basis.
- Credit Purchases: One-time credit purchases are non-refundable once credits have been added to your account.
- Account Termination: If we terminate your account for a violation of these Terms, no refund will be issued. Any remaining credits are forfeited.
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:
- Automated Prompt Scanning: All text prompts are analyzed in real time for prohibited content before generation begins.
- Output Analysis: Generated content may be analyzed using automated classifiers, hash-matching (including PhotoDNA), and other detection technologies.
- Human Review: Flagged content may be reviewed by trained moderators.
- Right to Remove: We reserve the right to remove, block, or refuse to generate any content that we determine, in our sole discretion, violates these Terms, our Content Policy, or 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:
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material.
- Your contact information (name, address, telephone number, email address).
- 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.
- 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.
- 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:
- The Service will be uninterrupted, timely, secure, or error-free.
- The results obtained from the Service will be accurate, reliable, or meet your expectations.
- Any defects in the Service will be corrected.
- Generated content will be free from artifacts, errors, or unintended characteristics.
- Outputs will be unique, original, or eligible for copyright or other intellectual property protection in any jurisdiction.
- Outputs will not infringe, misappropriate, or violate third-party rights.
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:
- Your use of or inability to use the Service.
- Any content generated through the Service.
- Unauthorized access to or alteration of your data or account.
- Any third-party conduct on or related to the Service.
- Any intellectual property claims related to Output.
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:
- Your use of the Service or any content you generate, upload, or distribute.
- Your violation of these Terms, our Content Policy, or any applicable law.
- Your violation of any third party's rights, including intellectual property, privacy, or publicity rights.
- Any claim that content you generated caused harm to a third party.
- Your failure to comply with export control, sanctions, or trade compliance laws.
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:
- Violation of these Terms, our Content Policy, or applicable law.
- Suspected illegal activity or fraud.
- Failure to verify age or identity when requested.
- Extended inactivity (12+ months).
- Any reason necessary to protect the safety or integrity of the Service or its users.
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
- Entire Agreement: These Terms, together with our Privacy Policy and Content Policy, constitute the entire agreement between you and ZSky AI regarding the Service and supersede all prior agreements, understandings, and communications.
- Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
- Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
- Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.
- Force Majeure: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, pandemic, sanctions, natural disaster, power failure, or internet disruption.
- Modifications: We reserve the right to modify these Terms at any time. We will provide at least fifteen (15) days' notice of material changes via email or a prominent notice on the Service. Your continued use after changes take effect constitutes acceptance. If you do not agree to the modified Terms, you must stop using the Service.
- Headings: Section headings are for convenience only and have no legal effect.
- Electronic Communications: By using the Service, you consent to receiving communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications satisfy any legal requirement that such communications be in writing.
18. Contact Us
If you have questions about these Terms, please contact us at:
- General: [email protected]
- Billing: [email protected]
- Legal / DMCA: [email protected]
- Safety: [email protected]