#Terms of Service

Last updated: August 2025

#1. Agreement to Terms

By downloading, accessing, or using Toybox ("the App", "the Service", or "our Service"), you enter into a legally binding agreement with Nevermind Software, LLC ("Company", "we", "us", or "our"). If you do not agree to these Terms of Service ("Terms"), you must immediately stop using the Service.

IMPORTANT NOTICE: These Terms contain an arbitration clause and class action waiver in Section 20. By using the Service, you agree to binding arbitration and waive your right to participate in class actions.

#2. Eligibility and Account Requirements

#2.1 Age Requirements

  • You must be at least 13 years old to use Toybox
  • Users under 18 must have parental or guardian consent
  • Users under 13 are strictly prohibited from using the Service
  • We reserve the right to require age verification

#2.2 Account Responsibilities

  • You are responsible for maintaining the confidentiality of your account credentials
  • You are liable for all activities under your account
  • You must provide accurate, current, and complete information
  • You must notify us immediately of any unauthorized access
  • You may not share, sell, or transfer your account

#2.3 Account Termination

We may suspend or terminate your account immediately, without prior notice, if:

  • You violate these Terms
  • You engage in fraudulent or illegal activity
  • You abuse the Service or other users
  • Required by law enforcement or legal process
  • The Service is discontinued

#3. Acceptable Use Policy

#3.1 Prohibited Content

You may NOT create, upload, share, or generate content that:

Illegal Content:

  • Violates any local, state, national, or international law
  • Promotes illegal activities or substances
  • Facilitates fraud, money laundering, or tax evasion
  • Violates export control laws or sanctions

Harmful Content:

  • Contains or promotes violence, terrorism, or self-harm
  • Harasses, threatens, or intimidates others
  • Exploits or harms minors in any way
  • Contains non-consensual intimate imagery
  • Promotes discrimination based on protected characteristics

Deceptive Content:

  • Impersonates any person or entity
  • Creates deepfakes of real individuals without consent
  • Spreads misinformation or disinformation
  • Misrepresents AI-generated content as human-created
  • Engages in phishing or social engineering

Intellectual Property Violations:

  • Infringes copyrights, trademarks, or patents
  • Violates publicity or privacy rights
  • Uses protected characters or brands without authorization
  • Circumvents digital rights management

Sexual Content:

  • Contains nudity or sexual content involving minors
  • Depicts non-consensual sexual acts
  • Violates obscenity laws in your jurisdiction

#3.2 Prohibited Activities

You may NOT:

  • Reverse engineer, decompile, or disassemble the Service
  • Use automated systems to access the Service (bots, scrapers)
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service or servers
  • Bypass or attempt to bypass content filters or safety measures
  • Use the Service for commercial purposes without authorization
  • Resell or redistribute credits or access to the Service
  • Create multiple accounts to evade restrictions
  • Use the Service to develop competing products

#3.3 Monitoring and Enforcement

We reserve the right to:

  • Monitor content for violations (but have no obligation to do so)
  • Remove or disable access to violating content
  • Report illegal content to law enforcement
  • Preserve content for legal proceedings
  • Implement technical measures to prevent violations

#4. AI-Generated Content Terms

#4.1 Content Generation

  • The Service uses third-party AI models with their own terms and limitations
  • We do not guarantee the accuracy, quality, or legality of generated content
  • Generated content may be similar or identical to other outputs
  • You are solely responsible for reviewing and using generated content

#4.2 Ownership and Licensing

Your Input Content:

  • You retain ownership of content you create and upload
  • You grant us a worldwide, royalty-free, sublicensable license to use, reproduce, modify, and display your input content solely to provide the Service
  • This license terminates when you delete your content, except as required for backups or legal compliance

Generated Output:

  • Subject to the underlying AI model's terms, you receive a license to use generated content
  • This license is personal, non-exclusive, and non-transferable
  • Commercial use requires explicit permission or premium subscription
  • We make no claims of ownership to generated content but retain rights to the Service

Public Toys:

  • Toys marked as public grant us additional rights to feature, promote, and allow others to use them
  • Other users may remix or modify public toys
  • You cannot revoke public status once published

#4.3 Model-Specific Restrictions

Different AI models have additional restrictions:

Flux Models:

  • No military or surveillance use
  • No biometric identification systems
  • Must include attribution when sharing

Stability Models:

  • No use for illegal or harmful purposes
  • Cannot train competing models on outputs
  • Subject to Stability AI's Acceptable Use Policy

OpenAI Models:

  • Must comply with OpenAI's Usage Policies
  • No use for prohibited industries (gambling, dating, politics)
  • Must disclose AI generation to end users

All Models:

  • Must respect the specific license terms of each model
  • Restrictions are subject to change by model providers
  • Your use must comply with the most restrictive applicable terms

#5. Intellectual Property Rights

#5.1 Our Intellectual Property

The Service and its original content (excluding user content), features, and functionality are owned by Nevermind Software, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

#5.2 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide become our property. We may use them without compensation or attribution.

#5.3 DMCA Compliance

We respect intellectual property rights and will respond to valid DMCA takedown notices.

To Report Infringement: Send a notice to support@nevermind.llc containing:

  • Identification of the copyrighted work
  • Identification of the infringing material
  • Your contact information
  • A statement of good faith belief
  • A statement of accuracy under penalty of perjury
  • Your physical or electronic signature

Counter-Notice: If you believe content was wrongly removed, send a counter-notice with:

  • Identification of the removed material
  • Statement under penalty of perjury that removal was mistaken
  • Consent to jurisdiction
  • Your physical or electronic signature

Repeat Infringers: We will terminate accounts of users who repeatedly infringe intellectual property rights.

#6. Payment Terms

#6.1 Subscriptions

  • Subscriptions are billed through Apple App Store
  • Prices are subject to change with 30 days notice
  • Subscriptions auto-renew unless cancelled
  • No refunds except as required by law

#6.2 Credits System

  • Credits are used to pay for AI operations
  • Credits expire at the end of each billing period
  • Unused credits do not roll over
  • Credits have no cash value and cannot be transferred
  • We may adjust credit costs with notice

#6.3 Taxes

You are responsible for all applicable taxes related to your use of the Service.

#7. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy. By using the Service, you consent to our collection and use of your information as described in the Privacy Policy.

#8.1 Third-Party Services

The Service integrates with third-party services (Replicate, OpenAI, Firebase, etc.). Your use of these services is subject to their terms and privacy policies.

We are not responsible for content on third-party websites linked from our Service.

#9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY OR RELIABILITY OF CONTENT
  • UNINTERRUPTED OR ERROR-FREE OPERATION
  • SECURITY OR ABSENCE OF VIRUSES

AI-SPECIFIC DISCLAIMERS:

  • We do not guarantee the accuracy, completeness, or usefulness of AI-generated content
  • Generated content may contain errors, biases, or inappropriate material
  • We are not responsible for decisions made based on generated content
  • Content may infringe third-party rights despite our filters

#10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

#10.1 No Consequential Damages

We will not be liable for any indirect, incidental, special, consequential, or punitive damages, including:

  • Loss of profits, data, or use
  • Business interruption
  • Reputational harm
  • Cost of substitute services

#10.2 Liability Cap

Our total liability for all claims will not exceed the greater of:

  • The amount you paid us in the 6 months before the claim
  • $100 USD

#10.3 Exceptions

These limitations may not apply to liability for:

  • Death or personal injury caused by our negligence
  • Fraud or fraudulent misrepresentation
  • Any liability that cannot be limited by law

#11. Indemnification

You agree to indemnify, defend, and hold harmless Nevermind Software, LLC, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you create, upload, or generate
  • Misrepresentation of AI content as human-created
  • Any harm caused by your use of generated content

#12. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any legal action related to these Terms must be brought in the state or federal courts located in Delaware.

#13. Export Controls

You may not use or export the Service in violation of U.S. export laws and regulations. You represent that you are not:

  • Located in a country subject to U.S. embargo
  • On any U.S. government restricted parties list

#14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via:

  • In-app notification
  • Email to your registered address
  • Prominent notice in the app

Your continued use after changes constitutes acceptance. If you disagree with changes, stop using the Service.

#15. Termination

#15.1 Your Termination Rights

You may terminate your account at any time through the app settings or by contacting support.

#15.2 Our Termination Rights

We may terminate or suspend your account immediately, without notice, for:

  • Violation of these Terms
  • Illegal or fraudulent activity
  • Non-payment of fees
  • Extended inactivity
  • Our discretion

#15.3 Effects of Termination

Upon termination:

  • Your access to the Service ends immediately
  • We may delete your content and data
  • You remain liable for any outstanding charges
  • Provisions that should survive termination will remain in effect

#16. Assignment

You may not assign or transfer these Terms or your rights under them. We may assign our rights to any successor or acquirer.

#17. Force Majeure

Neither party is liable for delays or failures due to causes beyond reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

#18. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect.

#19. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and us regarding the Service.

#20. Dispute Resolution

#20.1 Informal Resolution

Before initiating formal proceedings, you agree to attempt to resolve disputes informally by contacting support@nevermind.llc.

#20.2 Binding Arbitration

PLEASE READ CAREFULLY: THIS AFFECTS YOUR LEGAL RIGHTS

Any dispute not resolved informally within 30 days shall be resolved by binding arbitration under the American Arbitration Association's Consumer Arbitration Rules.

  • Arbitration will be conducted in Delaware
  • Each party bears their own costs
  • The arbitrator's decision is final and binding
  • Judgment may be entered in any court

#20.3 Class Action Waiver

YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION. You may bring claims only in your individual capacity.

#20.4 Exceptions

You may bring claims in small claims court if they qualify. Either party may seek injunctive relief for intellectual property violations.

#20.5 Opt-Out

You may opt out of arbitration by notifying us in writing within 30 days of first accepting these Terms. Send opt-out notices to support@nevermind.llc.

#21. Notice and Communication

#21.1 Notice to You

We may provide notices via:

  • Email to your registered address
  • In-app notifications
  • Posted notices on our website

#21.2 Notice to Us

Send legal notices to: support@nevermind.llc Mailing Address:
Nevermind Software, LLC
67 West St, Suite 401 Brooklyn, NY 11222 United States

#22. California Residents

If you are a California resident, you may have additional rights under California law, including the right to request information about our disclosure of personal information to third parties for direct marketing purposes.

#23. Accessibility

We are committed to making our Service accessible. For assistance or alternative formats of these Terms, contact support@nevermind.llc.

#24. Contact Information

For questions about these Terms:

Email: support@nevermind.llc
Support: support@nevermind.llc
Website: https://nevermind.llc

#25. Acknowledgment

By using Toybox, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.