Terms of Use

These Terms of Use ("Terms") govern your access to and use of the CandyMustache website, web application, and any related services, tools, software, features, content, APIs, or future platforms operated by CandyMustache, Inc. ("Company", "CandyMustache", "we", "our", or "us") (collectively, the "Platform").

By accessing, browsing, registering for, or using the Platform in any manner—including creating an account, subscribing to a plan, generating AI content, downloading assets, or using any tools—you ("you", "your") confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any applicable License Agreement governing the use of assets, AI outputs, or tools (together, the "Agreement").

If you do not agree to the Agreement, you must not access or use the Platform.

1. Relationship to the License Agreement

Certain features of the Platform—including but not limited to downloadable assets, templates, AI-generated content, and tools—are governed by a separate License Agreement applicable to your subscription or usage ("License").

• These Terms do not replace the License.
• Instead, they operate together.
• If there is a conflict between these Terms and the License, the License shall prevail with respect to usage rights of assets, AI outputs, and tools.
• Capitalized terms not defined in these Terms shall have the meanings assigned to them in the License.

2. Eligibility & Authority

By using the Platform, you represent and warrant that:

• You have read and understood the Agreement and agree to be legally bound by it
• You are at least the minimum legal age required to enter into binding agreements in your jurisdiction
• You are not prohibited by law from using the Platform or entering into this Agreement
• If you are acting on behalf of a company, organization, or other legal entity, you have full authority to bind that entity to this Agreement

You are solely responsible for ensuring that your use of the Platform complies with all applicable laws and regulations.

3. Opening an Account

To access certain features of the Platform, including AI generation tools, asset downloads, subscriptions, and credit-based services, you must create a user account ("Account").

When creating an Account, you agree to:

• Provide accurate, current, and complete information, including your name, email address, and payment details where applicable
• Maintain and promptly update your information to keep it accurate and complete
• Not impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use only an email address that you own or are authorized to use

You may not create an Account using automated means or on behalf of another person without proper authorization.

CandyMustache reserves the right to refuse, suspend, or terminate any Account at its sole discretion if the provided information is inaccurate, misleading, incomplete, or violates this Agreement.

4. Account Security & Responsibility

You are solely responsible for:

• Maintaining the confidentiality of your Account credentials
• All activity that occurs under your Account, whether authorized by you or not
• Any AI generations, downloads, uploads, payments, or usage made through your Account

You must notify us immediately if you suspect or become aware of:

• Unauthorized access to your Account
• Any security breach or misuse of credentials

CandyMustache will not be liable for any loss or damage arising from unauthorized use of your Account where such use was not caused by our direct failure to maintain reasonable security measures.

5. Account Use & Restrictions

You agree that you will not:

• Share, sell, sublicense, rent, lease, or transfer your Account to any third party
• Allow others to access the Platform using your credentials
• Circumvent or attempt to bypass subscription limits, credit systems, or technical safeguards
• Use multiple Accounts to abuse free tiers, trials, or promotional offers

Any attempt to exploit, manipulate, or abuse the Platform—including credit usage, AI generation limits, or pricing mechanisms—may result in immediate suspension or termination of your Account without refund.

6. Team, Business & Multi-User Accounts (If Applicable)

If CandyMustache offers team-based, business, or multi-user subscription plans:

• The individual or entity purchasing the subscription will designate an authorized administrator ("Admin")
• The Admin is responsible for managing access, permissions, billing, and usage
• All actions performed by users under the Account are deemed authorized by the Account holder
• The Account holder is fully responsible for the actions, outputs, and compliance of all users under their Account, including employees, contractors, or collaborators.

CandyMustache shall not be responsible for internal disputes, misuse, or unauthorized actions between users of the same Account.

7. Suspension & Termination of Accounts

CandyMustache reserves the right, without prior notice, to suspend or terminate your Account if:

• You violate these Terms, the License, or applicable laws
• You misuse AI tools, credits, or assets
• You engage in fraudulent, abusive, or harmful behavior
• Your activity poses legal, technical, or reputational risk to the Company

Upon suspension or termination:

• Access to the Platform may be restricted or revoked
• Credits may be forfeited
• Access to AI tools and downloads will cease
• Any rights granted under the License will apply only as explicitly permitted therein

8. Subscriptions & Plans

CandyMustache offers access to certain features of the Platform through paid subscription plans, free plans, trials, and/or one-time credit purchases (collectively, "Plans").

The features, limits, pricing, and included credits (if any) associated with each Plan are described on the Platform at the time of purchase and may vary between Plans.

By subscribing to a Plan, you agree to pay all applicable fees in accordance with the selected Plan and these Terms.

9. Billing & Auto-Renewal

Unless otherwise stated:

• Subscriptions are billed in advance on a recurring basis (monthly or annually)
• Your subscription will automatically renew at the end of each billing cycle
• You authorize CandyMustache to charge your selected payment method for each renewal
• You may cancel your subscription at any time through your Account settings or by contacting support. Cancellation will take effect at the end of the current billing period, and you will retain access until that time.
• CandyMustache does not provide partial refunds for unused time, unused credits, or early cancellation, except where required by applicable law.

10. Credits System

Certain features of the Platform—including AI video, image, music, or other generative tools—operate on a credit-based system ("Credits").

Credits:

• Are non-transferable
• Have no cash or monetary value
• Are not refundable, except where required by applicable law
• Cannot be sold, gifted, sublicensed, or exchanged
• Are usable only within the specific services for which they are granted

Credits do not constitute property, stored value, or a financial instrument and do not create any ownership rights.

CandyMustache may modify how Credits are calculated, allocated, or consumed (including efficiency improvements or pricing optimizations), provided such changes do not materially reduce the overall service value associated with an active subscription or purchased Credits.

11. Credit Rollover, Expiration & Forfeiture

Credits do not reset monthly and will roll over as described below:

For all Credit types:

• Credits may be forfeited upon Account termination due to violations of these Terms or the License
• Credits are inaccessible during any Account suspension and are not forfeited solely due to suspension; upon reinstatement, remaining Credits (subject to applicable expiration rules) become accessible again
• Credits are forfeited upon Account termination; this includes termination for cause, violations of these Terms or the License, or other termination events as permitted under the Agreement
• CandyMustache is not responsible for expired or forfeited Credits

12. Payments, Taxes & Payment Providers

Payments may be processed through third-party payment processors. By providing payment information, you represent that you are authorized to use the selected payment method.

You are responsible for all applicable taxes, duties, or governmental charges imposed in connection with your purchase, except where CandyMustache is required by law to collect and remit such taxes.

CandyMustache is not responsible for errors, delays, or interruptions caused by third-party payment providers.

13. Refund Policy

Except where required by applicable consumer protection laws:

• All purchases are final
• No refunds are issued for:
  • Used or unused Credits
  • AI generations or exports
  • Subscription time already started
• If you are eligible for a statutory refund or cooling-off period under applicable law, such rights will apply only to the extent required by law and may be subject to conditions (such as non-use of the services).
• Free plans, promotional credits, and trial accounts are not eligible for refunds.

14. Ownership & Intellectual Property

All content, materials, software, tools, assets, templates, AI models, AI-generated outputs, designs, interfaces, workflows, documentation, trademarks, logos, and branding made available through the Platform (collectively, "Platform Content") are owned by or licensed to CandyMustache and are protected by applicable intellectual property and proprietary rights laws.

Except as expressly permitted under the License, no ownership or intellectual property rights are transferred to you by accessing or using the Platform.

Your rights are strictly limited to the non-exclusive, non-transferable, revocable rights expressly granted under these Terms and the License.

15. License Controls the Use of Assets & AI Outputs

The use of downloadable assets, templates, AI-generated outputs, and tools is governed exclusively by the License Agreement applicable to your subscription or purchase.

You agree that:

• Any use of assets or AI outputs outside the scope of the License constitutes a material breach of the Agreement
• CandyMustache retains full ownership of all underlying assets, systems, and technologies
• Any rights not expressly granted are reserved by CandyMustache

16. Prohibited Uses

You may not, directly or indirectly:

• Copy, resell, sublicense, redistribute, share, or make available any Platform Content, assets, templates, AI outputs, or tools except as expressly permitted by the License
• Use the Platform Content to create competing products, services, marketplaces, or libraries
• Use the Platform, assets, or AI outputs for training, fine-tuning, or developing machine learning or artificial intelligence models
• Scrape, crawl, harvest, or extract data or content from the Platform using automated means (bots, scrapers, spiders, scripts, etc.)
• Reverse engineer, decompile, disassemble, or attempt to discover the source code of any part of the Platform or tools
• Bypass, disable, or interfere with any technical, security, access-control, or usage-limiting measures
• Share your Account or allow third parties to access the Platform through your credentials
• Upload or generate content that is unlawful, infringing, harmful, deceptive, or violates third-party rights
• Use the Platform in any way that could damage, disrupt, overload, or impair its infrastructure or security
• Use the Platform in violation of any applicable law, regulation, or court order

Any attempt to engage in the above activities may result in immediate suspension or termination of your Account and legal action.

17. AI-Specific Restrictions & Acknowledgements

You acknowledge and agree that:

• AI-generated Outputs may not be unique and similar outputs may be generated for other users
• CandyMustache does not guarantee accuracy, originality, or fitness for a particular purpose of any AI Output
• You are solely responsible for reviewing, validating, and determining the suitability of any Output before use
• You may not represent AI-generated Outputs as having been created exclusively by you without AI assistance where such representation would be misleading or unlawful

18. User Input & Responsibility

You retain ownership of the original content you submit to the Platform ("Input").

By submitting Input, you represent and warrant that:

• You have all necessary rights, permissions, and consents to submit and use the Input
• The Input does not infringe, misappropriate, or violate any third-party rights
• Your Input complies with applicable laws and the Agreement
• You are solely responsible for your Input and for any content created using AI Outputs

19. Feedback

If you provide suggestions, ideas, feedback, or recommendations regarding the Platform or services ("Feedback"), you agree that:

• Feedback is non-confidential
• CandyMustache may use, modify, and incorporate Feedback without restriction
• You irrevocably assign all rights in the Feedback to CandyMustache
• No compensation or attribution is owed to you
• CandyMustache is under no obligation to use any Feedback

20. Enforcement & Monitoring

CandyMustache reserves the right, but does not have the obligation, to:

• Monitor Platform usage
• Investigate suspected violations
• Enforce the Agreement using automated systems, human review, or both

We may use automated safety filters and other safeguards to block or restrict certain prompts, Inputs, or Outputs that we reasonably determine to be illegal, harmful, or in violation of this Agreement. In some cases, Credits may be consumed even if an Output is blocked or restricted. Credits are not refunded for blocked or filtered generations.

We may suspend or terminate Accounts, remove content, restrict access, or take other appropriate actions without prior notice if we determine a violation has occurred.

21. DMCA Copyright Policy

CandyMustache respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

If you believe that content on the Platform infringes your copyright, please notify our designated DMCA agent:

Your DMCA notice must include:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on the Platform
• Your contact information (name, address, telephone number, and email)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

CandyMustache will respond to valid DMCA notices in accordance with applicable law and may terminate the accounts of repeat infringers.

22. AI Services Overview

CandyMustache provides access to artificial intelligence–powered tools and features, including but not limited to AI video generation, image generation, music generation, editing assistance, and other AI-driven services ("AI Services").

AI Services may be developed, operated, or supported by CandyMustache and/or third-party providers. CandyMustache reserves the right to modify, replace, suspend, or discontinue any AI Service at any time, with or without notice.

23. Inputs & Outputs

Certain AI Services allow you to submit text, images, video, audio, or other materials ("Input") and receive AI-generated results ("Output").

You acknowledge and agree that:

• Outputs are generated automatically and may not be unique
• Similar or identical Outputs may be generated for other users
• Outputs may contain inaccuracies, inconsistencies, or unintended elements
• CandyMustache does not review, endorse, or guarantee the accuracy, originality, legality, or suitability of any Output

24. Responsibility for Inputs

You are solely responsible for all Inputs you submit to the AI Services.

By submitting Input, you represent and warrant that:

• You own or have all necessary rights, permissions, licenses, and consents to submit the Input
• Your Input does not infringe, misappropriate, or violate any intellectual property, privacy, publicity, or other rights
• Your Input complies with applicable laws, regulations, and the Agreement
• You must not submit Inputs that include personal data, biometric data, or sensitive information unless you have obtained all legally required consents and authorizations

CandyMustache assumes no responsibility or liability for Inputs submitted by users or for the consequences of such submissions.

25. Responsibility for Outputs

You are solely responsible for:

• Reviewing, validating, and approving Outputs before use
• Ensuring that any use of Outputs complies with applicable laws, platform policies, and third-party terms
• Any content, project, or publication created using Outputs

Laws and regulations governing the copyrightability of AI-generated content are evolving. CandyMustache makes no representation or warranty that any AI Output will be eligible for copyright protection in any jurisdiction, and you are solely responsible for determining and complying with applicable legal requirements.

CandyMustache shall not be liable for any claims, damages, losses, or disputes arising from your use of AI Outputs.

26. No Guarantees; No Professional Advice

AI Services and Outputs are provided "as-is" and "as available."

CandyMustache makes no representations or warranties that:

• Outputs are accurate, complete, or reliable
• Outputs are free from errors, bias, or offensive content
• Outputs are suitable for any particular purpose

AI Outputs do not constitute legal, financial, medical, or professional advice, and should not be relied upon as such.

27. Third-Party AI Providers

CandyMustache may use third-party AI models, infrastructure, or APIs to deliver AI Services.

You acknowledge that:

• Inputs and Outputs may be processed by third-party providers solely to provide the AI Services
• Such providers may have their own terms and policies
• CandyMustache is not responsible for third-party services outside its control
• CandyMustache does not use your Inputs or Outputs to train, fine-tune, or improve AI models operated by CandyMustache or third parties

28. Credits & AI Usage

Use of AI Services consumes Credits in accordance with the rules displayed on the Platform.

You acknowledge that:

• Credit costs may vary by model, duration, resolution, or complexity
• Credits are consumed at the time of generation or processing
• Failed or incomplete generations may still consume Credits unless otherwise stated
• CandyMustache may adjust Credit consumption mechanics to improve efficiency or service quality, provided such changes do not materially reduce the overall service value associated with your active Credits

29. Model Changes & Availability

CandyMustache does not guarantee the continued availability of any specific AI model, provider, feature, or output style.

Models may be:

• Updated, replaced, limited, or removed
• Subject to usage limits or availability constraints
• Temporarily unavailable due to technical or provider-related issues

CandyMustache shall not be liable for changes, interruptions, or discontinuation of AI Services.

30. Prohibited AI Uses

You may not use the AI Services to:

• Generate content that is unlawful, infringing, deceptive, or harmful
• Impersonate individuals or misrepresent identity
• Create deepfakes or deceptive media without proper authorization
• Violate privacy, publicity, or data protection laws
• Circumvent safeguards, filters, or content restrictions

CandyMustache reserves the right to restrict or disable access to AI Services for violations of this section.

31. No Ownership of AI Systems

You acknowledge that you acquire no ownership rights in any AI models, systems, prompts, workflows, or technologies used to generate Outputs.

All AI systems remain the exclusive property of CandyMustache or its licensors.

32. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Platform, AI Services, assets, tools, Outputs, and all related services are provided "as is" and "as available", without warranties of any kind.

CandyMustache expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to:

• Implied warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness
• Availability or uninterrupted operation

CandyMustache does not warrant that the Platform or AI Services will be error-free, secure, uninterrupted, or free of harmful components.

33. Limitation of Liability

To the maximum extent permitted by applicable law:

CandyMustache shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities.

CandyMustache shall not be liable for:

• Your use or inability to use the Platform or AI Services
• Any Output generated by AI Services
• Errors, biases, omissions, or inaccuracies in Outputs
• Content uploaded, generated, or published by users
• Third-party services, platforms, or providers

CandyMustache's total aggregate liability, for any claim arising out of or relating to the Agreement, shall not exceed the total amount paid by you to CandyMustache in the twelve (12) months preceding the event giving rise to the claim, or USD $100, whichever is greater.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

34. User Indemnification

You agree to indemnify, defend, and hold harmless CandyMustache, its affiliates, officers, directors, employees, contractors, licensors, and partners from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to:

• Your use or misuse of the Platform or AI Services
• Your Inputs or Outputs
• Any project, publication, or distribution created using the Platform
• Your violation of these Terms, the License, or applicable law
• Any infringement or alleged infringement of third-party rights

CandyMustache reserves the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

35. Enforcement & Remedies

CandyMustache may take any action it deems appropriate, including without limitation:

• Suspending or terminating Accounts
• Restricting access to services or features
• Removing content or Outputs
• Suspending or forfeiting Credits
• Refusing service

Such actions may be taken without prior notice, where permitted by law.

Failure by CandyMustache to enforce any provision of the Agreement shall not constitute a waiver of future enforcement.

36. Suspension for Legal or Technical Reasons

CandyMustache may suspend or restrict access to the Platform or AI Services if:

• Required by law or regulation
• Necessary to protect users, third parties, or the Platform
• Technical, security, or operational issues occur

CandyMustache shall not be liable for losses resulting from such suspensions.

37. Survival

The following sections shall survive termination or expiration of the Agreement:

• Intellectual Property
• AI Services disclaimers
• Limitation of Liability
• Indemnification
• Enforcement
• Governing Law & Jurisdiction

38. Governing Law & Jurisdiction

Subject to the arbitration provisions in Section 39, these Terms and any dispute, claim, or controversy arising out of or relating to the Agreement, the Platform, or the services shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to conflict-of-law principles.

You agree that any legal action or proceeding arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in the State of Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

WAIVER OF CLASS ACTIONS: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against CandyMustache. This waiver applies to the fullest extent permitted by law.

39. Dispute Resolution & Arbitration

For any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (except for disputes seeking injunctive or equitable relief for intellectual property infringement):

Informal Resolution: You agree to first contact CandyMustache at legal@candymustache.com to attempt to resolve the dispute informally. Both parties agree to negotiate in good faith for at least thirty (30) days before initiating arbitration or litigation.

Binding Arbitration: If the dispute cannot be resolved informally, either party may initiate binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Arbitration shall be conducted in New Castle County, Delaware, or remotely via videoconference
• The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction
• Each party shall bear its own costs and attorneys' fees, unless the arbitrator awards fees to the prevailing party
• The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding

Small Claims Exception: Either party may bring an individual action in small claims court for disputes within that court's jurisdiction (typically under $10,000) as an alternative to arbitration.

Opt-Out Right: You may opt out of this arbitration agreement by sending written notice to CandyMustache within thirty (30) days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of arbitration. Send to: legal@candymustache.com.

40. Assignment

CandyMustache may assign, transfer, or delegate its rights and obligations under this Agreement, in whole or in part, without restriction and without notice to you.

You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of CandyMustache. Any attempted assignment in violation of this section shall be void.

41. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

42. Entire Agreement

This Agreement constitutes the entire agreement between you and CandyMustache concerning your access to and use of the Platform and supersedes all prior or contemporaneous agreements, communications, or understandings, whether written or oral.

No waiver, modification, or amendment of this Agreement shall be effective unless made in writing and signed or expressly approved by CandyMustache.

43. No Waiver

Failure by CandyMustache to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision or of any other provision.

44. Notices

CandyMustache may provide notices to you via:

• Email to the address associated with your Account
• In-app notifications
• Posting on the Platform

You are responsible for keeping your contact information current. Notices shall be deemed delivered upon transmission.

45. Changes to These Terms

CandyMustache reserves the right to modify these Terms, the License, and the Privacy Policy at any time.

Updated versions will be posted on the Platform and will take effect immediately unless otherwise stated. Continued use of the Platform after changes become effective constitutes acceptance of the revised Agreement.

If you do not agree with the updated Terms, you must stop using the Platform.

46. Statutory Rights

Nothing in this Agreement shall affect any mandatory statutory rights that you may have under applicable consumer protection laws.

47. Force Majeure

CandyMustache shall not be liable for any failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, power failures, or internet service interruptions.

48. Contact Information

If you have any questions regarding these Terms or the Platform, you may contact us at: