Terms of Service
1. Who we are and what this covers
These Terms govern your use of AXIS Foundry at avatar.jonathanarvay.com (the "Service"), operated by X AXIS LLC, an Indiana limited liability company and subsidiary of Last Man Up Inc. ("we", "us"). By creating an account or using the Service you agree to these Terms, our Privacy Policy, and our Refund Policy. If you use the Service on behalf of an organization, you represent that you can bind that organization.
2. Eligibility
You must be at least 16 years old to use the Service. The Service is not directed to children. If we learn an account belongs to someone under 16, we will close it and delete its data.
3. Your account
Keep your credentials secure — you are responsible for activity under your account. We support password sign-in (stored only as salted hashes), GitHub/Google sign-in, and optional two-factor authentication, which we recommend enabling.
4. Tokens and plans
- What tokens are. Tokens are a limited, revocable, non-transferable license to use features of the Service. They have no cash value, are not a gift card, stored-value account, or deposit, and cannot be exchanged for money except where a refund is expressly provided by our Refund Policy or required by law.
- Purchased token packs never expire.
- Plan tokens. Paid plans add their token allotment each billing period. Unused tokens roll over while your account remains active. Annual plans are billed once per year; the monthly allotment is deposited on your payment day each month.
- Billing. Where plans auto-renew, we say so clearly at checkout and collect your separate, explicit consent; you can cancel auto-renewal anytime in Billing and keep access through the period you paid for. Where a plan is sold as a single charge for its period, it does not renew and you will not be charged again without a new purchase. Prices may change prospectively with notice — never retroactively.
- Automatic refunds. If a generation fails or is refused by our quality gates, the tokens it consumed are refunded automatically.
- Account closure. If you delete your account, remaining tokens are forfeited (ask us about export first). If we terminate your account for a serious violation of these Terms, unused tokens may be forfeited.
5. Your content and your outputs
- Inputs. You own the prompts, images, and files you submit ("Inputs"). You grant us a limited, worldwide, royalty-free license to host, process, reproduce, and display Inputs solely to operate the Service (generating your assets, storing your library, showing your previews).
- Outputs. We assign to you all of our right, title, and interest, if any, in the 3D assets and related files generated for you ("Outputs") — on every tier, including for commercial use.
- Honest caveat about AI ownership. Under current U.S. Copyright Office guidance, content generated primarily by AI without sufficient human creative contribution may not be copyrightable at all. We make no warranty that any Output is copyrightable, registrable, unique, or non-infringing; similar prompts may produce similar outputs for other users. Your edits, rigs, retextures, and compositions can add protectable authorship of your own.
- No training — ever. We do not use your Inputs or Outputs to train, fine-tune, or improve AI models. Third-party AI providers we use to run generations are engaged as processors of your request, not as recipients of training data.
6. Likeness, real people, and biometric-style data
- Upload photos only of yourself, or of people from whom you have obtained written consent (a parent or guardian's for minors) to create and use a digital avatar of their likeness. You represent this is true for every identifiable person in every image you upload.
- Creating avatars of public figures or of any real person without consent, and creating deceptive digital replicas of any person, is prohibited.
- If you share an avatar that identifies or closely resembles a real person, you must disclose that it is AI-generated where a reasonable viewer could be misled.
- Converting a photo into an avatar may involve transient processing of face geometry. We process it only to create your asset, do not use it to identify people, do not sell it, and do not retain source photos beyond operational processing. See the Privacy Policy.
7. Acceptable use
Do not use the Service to: create sexually explicit material (and never any sexualized depiction of minors); harass, defame, or threaten; impersonate any person or entity or create deceptive content; infringe intellectual-property, publicity, or privacy rights (including prompts designed to reproduce protected works or uploads containing someone else's protected content); probe, overload, or disrupt the Service or its security; resell raw access to the generation pipeline; or violate any law. We may remove content and suspend or terminate accounts for violations, with token refunds handled per the Refund Policy.
8. Marketplace
- Sellers may list Outputs they own the rights to. By listing, you warrant you created the asset on the Service (or otherwise hold all necessary rights, including likeness consent for person-resembling avatars) and you grant us a license to display and deliver the listing.
- Buyers receive a license to the purchased asset from the seller for use in their projects, including commercial projects, but may not resell the asset as-is as a competing stock listing.
- Platform fees, payout mechanics, and revenue shares are shown at listing time. We may remove listings that violate these Terms or on a substantiated complaint.
9. Copyright complaints (DMCA)
We respond to copyright notices under 17 U.S.C. § 512. Send notices identifying the work, the infringing material's location, your contact details, the required good-faith statements, and your signature to our designated agent: DMCA Agent, X AXIS LLC — foundry@jonathanarvay.com. Counter-notices are honored per § 512(g). Repeat infringers' accounts will be terminated in appropriate circumstances.
10. Third-party services
Generations run on third-party AI and GPU infrastructure providers acting on our behalf; payments are processed by our payment processor — card data never touches our servers. These providers process your data only to deliver the Service, as described in the Privacy Policy.
11. Disclaimers
THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." AI-GENERATED CONTENT IS PROBABILISTIC AND MAY BE INACCURATE, INCOMPLETE, NON-UNIQUE, OR REQUIRE REPAIR BEFORE PRODUCTION USE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME FEATURES MAY BE LABELED "COMING SOON" AND ARE NOT PART OF THE PAID SERVICE UNTIL RELEASED.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER X AXIS LLC NOR ITS AFFILIATES WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR LOST PROFITS, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY FOR ALL CLAIMS IS LIMITED TO THE GREATER OF (A) US $100 OR (B) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. Some jurisdictions do not allow certain limitations; where they apply to you, these limits apply to the fullest extent permitted.
13. Indemnification
You will defend and indemnify X AXIS LLC against claims arising from your Inputs, your use of Outputs, your marketplace listings, or your breach of these Terms — including intellectual-property and likeness/publicity claims caused by content you supplied.
14. Governing law and disputes
These Terms are governed by the laws of the State of Indiana, USA, without regard to conflicts rules. Disputes will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring an individual claim in small-claims court, and either party may seek injunctive relief for intellectual-property misuse in court. You may opt out of arbitration within 30 days of first accepting these Terms by emailing us. CLASS ACTIONS AND JURY TRIALS ARE WAIVED TO THE EXTENT PERMITTED BY LAW.
15. Changes and termination
We may update these Terms; material changes will be announced on the site or by email at least 14 days before taking effect, and continued use after that constitutes acceptance. You may stop using the Service and delete your account at any time. Sections that by their nature survive (ownership, disclaimers, liability, disputes) survive termination.
16. Contact
X AXIS LLC · Indiana, USA · foundry@jonathanarvay.com