Legal

Terms of Service

Updated: Mar. 16, 2026

Effective: Mar. 16, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you and Nexight Technology (HK) Limited, a company incorporated in Hong Kong SAR ("Nexight," "we," "us," or "our"), governing your access to and use of our AI-powered design platform, including all associated websites, features, tools, and services (collectively, the "Services").

1. Agreement to Terms

By accessing or using our Services, you:

  • Confirm you are at least 18 years of age and possess the legal capacity to enter into binding contracts;
  • Agree to be bound by these Terms and our Privacy Policy;
  • Acknowledge that you have read and understood our Acceptable Use Policy regarding AI-generated content.

If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that entity to these Terms, and "you" shall refer to that entity.

2. Definitions

  • "AI Output" means any visual designs, images, graphics, illustrations, design assets, or other content generated by the Services in response to your Inputs.
  • "Credits" means the virtual prepaid units used to generate AI Output and access premium features, purchased or granted as part of a Subscription or promotional offer.
  • "Inputs" means any text prompts, reference images, style preferences, brand guidelines, or other materials you provide to the Services to generate AI Output.
  • "Subscription" means a recurring payment plan providing access to premium features and/or monthly Credit allocations.
  • "User Content" means all Inputs, AI Output, designs, projects, and materials you create, upload, or store via the Services.
  • "Data Region" refers to the geographic isolation of data storage as described in our Privacy Policy (China mainland vs. International).

3. Service Description and Scope

ojo.art is an AI-powered visual design platform utilizing advanced models including but not limited to Google Gemini and Anthropic Claude to transform user prompts and inputs into professional design assets.

  • Text-to-image and image-to-image generation;
  • Design editing, iteration, and composition tools;
  • Brand kit generation and asset management;
  • Collaboration workspaces and template libraries.

Nature of AI Output: You acknowledge that AI Output is generated algorithmically and may contain imperfections, unintentional similarities to existing works, or unpredictable variations. AI Output is provided for creative inspiration and professional use subject to your independent review and clearance.

4. Account Registration and Eligibility

You must create an account to access the Services. You warrant that:

  • All registration information is accurate, current, and complete;
  • You will maintain the security of your account credentials;
  • You will promptly notify us at official@ojo.art of any unauthorized access.

We reserve the right to suspend or terminate accounts that provide false information, remain inactive for 12 consecutive months (for free tier accounts), or violate these Terms.

5. Credits, Subscriptions, and Billing

5.1 Hybrid Model. ojo.art operates on a mixed model offering both Subscription plans and on-demand Credit purchases.

5.2 Subscription Terms. Subscriptions automatically renew monthly or annually (as selected) unless cancelled at least 24 hours before the renewal date via your account settings. Subscription fees are non-refundable except as required by applicable law.

5.3 Credits System.

  • Free Credits: Promotional Credits granted upon registration or through marketing programs, subject to expiration within 30 days unless otherwise specified;
  • Subscription Credits: Monthly allocations included in your plan, rolling over up to a maximum of one (1) month of your monthly allocation for monthly plans, or twelve (12) months for annual plans;
  • Paid Credits: Purchased separately, valid for 12 months from purchase date while your account remains active.

5.4 Refund Policy. All purchases are final. Credits are non-refundable, non-transferable, and have no cash value except where prohibited by law. If we terminate your account for reasons other than breach, unused Credits may be refunded pro-rata at our discretion.

5.5 Payment Processing. We use Stripe and other third-party processors. By purchasing, you agree to their terms. You authorize automatic charging for Subscription renewals and auto-reload of Credits (if enabled).

6. Intellectual Property and Ownership

6.1 Your Inputs. You retain all rights to your Inputs. By uploading Inputs, you grant us a limited license to process them solely for providing the Services.

6.2 AI Output Ownership. Upon generation and full payment of applicable Credits, full title and ownership of AI Output transfers to you. You may use AI Output for personal or commercial purposes, including:

  • Marketing materials and advertising;
  • Product packaging and merchandise;
  • Digital and print media;
  • Client work and commercial projects.

6.3 Restrictions on AI Output. Despite ownership transfer, you may not:

  • Use AI Output to train, develop, or improve competing AI models or services;
  • Resell raw AI Output as stock imagery, design templates, or NFT collections without substantial transformative modification;
  • Use AI Output in ways that infringe third-party intellectual property rights or violate applicable laws.

6.4 Our Rights. We retain all ownership of the Services, software, underlying technology, trademarks, and trade secrets. These Terms grant no license to our proprietary technology except as necessary to use the Services.

7. Acceptable Use and Content Restrictions

You may not use the Services to generate or distribute content that:

  • Violates applicable laws or regulations of Hong Kong, your jurisdiction, or international law;
  • Infringes copyright, trademark, trade secret, or right of publicity;
  • Constitutes non-consensual intimate imagery, deepfakes for deceptive purposes, or harmful misinformation;
  • Promotes hate speech, violence, discrimination, or illegal activities;
  • Exploits or harms minors;
  • Overloads our infrastructure through automated scripts (botting) or reverse engineering attempts.

We reserve the right to review, remove, and report prohibited content and suspend accounts engaging in violations.

8. Data Use for AI Training

8.1 Training Data. We may use Inputs and AI Output to train, develop, and improve our models and the Services. Personal identifiers are removed or anonymized before use in training datasets.

8.2 Opt-Out Rights. You may opt-out of having your Inputs and AI Output used for model training by adjusting your privacy settings in your account dashboard or contacting official@ojo.art. Opt-out requests apply prospectively and do not affect models already trained on prior data.

8.3 Third-Party Processing. Your Inputs are processed by third-party AI providers (Google, Anthropic) to generate outputs. Their use of data is governed by their respective privacy policies and data processing agreements.

9. Termination and Data Handling

9.1 By You. You may delete your account anytime. Upon deletion, your access terminates immediately, and stored User Content is scheduled for deletion within 30 days, except as required for legal compliance or backup retention (up to 90 days).

9.2 By Us. We may suspend or terminate access immediately for breach of these Terms, fraudulent payment activity, or extended inactivity. Upon termination for breach, all unused Credits are forfeited.

9.3 Data Regions. Data deletion procedures comply with your Data Region requirements (see Privacy Policy).

10. Disclaimers and Warranties

THE SERVICES AND AI OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. We specifically disclaim:

  • Warranty of non-infringement (AI Output may unintentionally resemble existing works);
  • Warranty of merchantability or fitness for a particular purpose;
  • Guarantee that Services will be uninterrupted, error-free, or secure.

You assume full responsibility for reviewing AI Output for accuracy, legality, and suitability before commercial use.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OJO ART LIMITED AND ITS DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR REPUTATIONAL HARM.

Our total cumulative liability shall not exceed the greater of:

  • (a) USD $100; or
  • (b) The amount you paid us in the 6 months preceding the claim.

This limitation does not apply to liabilities that cannot be excluded under Hong Kong law or applicable consumer protection statutes.

12. Indemnification

You agree to defend, indemnify, and hold harmless ojo.art from claims, damages, and expenses (including legal fees) arising from:

  • Your User Content or Inputs;
  • Your breach of these Terms;
  • Your misuse of AI Output, particularly intellectual property infringement claims;
  • Your violation of third-party AI provider terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law. These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to conflict of law principles.

13.2 Jurisdiction. Subject to Section 13.3, you agree to submit to the exclusive jurisdiction of the courts of Hong Kong for resolving any disputes.

13.3 Alternative Resolution. Prior to litigation, parties shall attempt good-faith negotiation for 30 days. If unresolved, either party may seek injunctive relief in any competent jurisdiction to prevent irreparable harm.

13.4 EU and California Consumers. Nothing in this Section limits statutory rights of EU or California consumers to bring claims in their local jurisdictions under applicable consumer protection laws.

14. General Provisions

14.1 Modifications. We may revise these Terms by posting updates. Material changes will be notified 30 days in advance via email or service notice. Continued use constitutes acceptance.

14.2 Severability. If any provision is invalid, the remainder continue in effect.

14.3 Export Compliance. You represent that you are not located in any embargoed jurisdiction or on any restricted party list.

14.4 Contact: