Terms of Service for Ext.Systems

4.1 MANDATORY CONSENT REQUIREMENTS

4.2 STRICTLY PROHIBITED

The following uses are absolutely prohibited and will result in immediate termination and potential legal action:

• Minors: Any content featuring individuals under 18 years of age
• Non-consensual content: Any real person without documented written consent
• Adult content: Nude, pornographic, or sexually explicit material
• Deepfakes: Deceptive content intended to mislead or impersonate
• Illegal activities: Fraud, scams, identity theft, harassment
• Harmful content: Violence, hate speech, discrimination, self-harm
• Political content: Campaign materials, misinformation, propaganda
• Privacy violations: Unauthorized surveillance, private information exposure
• Intellectual property infringement: Copyrighted works, trademarked content without permission
• Security threats: Malware, hacking tools, system exploitation

4.3 TECHNICAL VIOLATIONS

• Reverse engineering or extracting our AI models
• Automated scraping or data harvesting
• Circumventing security measures or rate limits
• Reselling or redistributing our Services
• Training competing AI systems using our output
• Overwhelming infrastructure with excessive requests

5.1 Watermarking and Traceability

All generated content includes:

• Cryptographically secure, tamper-resistant watermarks
• Unique identifiers linking to generation sessions
• Metadata preserving user account and timestamp information
• Technical signatures enabling content verification

5.2 Permanent Data Retention

We permanently retain the following data for legal compliance, safety, and law enforcement cooperation:

• User account information and verification records
• Complete generation logs including prompts and parameters
• Source images and training data uploads
• Generated content and associated metadata
• IP addresses, device fingerprints, and session data
• Consent documentation and verification records
• Payment information and transaction history
• Support communications and enforcement actions

5.3 Law Enforcement and Legal Cooperation

We proactively cooperate with law enforcement and may report suspected illegal activity. All data may be used for investigations, legal proceedings, and regulatory compliance without additional notice to users.

6.1 LoRA Creation Compliance

For LoRA model creation, you must:

• Provide only images of yourself or individuals with documented written consent
• Verify all training subjects are 18+ years of age
• Maintain and provide consent documentation upon request
• Accept full legal responsibility for all generated content
• Comply with all applicable laws and regulations

6.2 Model Ownership and Distribution

LoRA models created using our Services remain our intellectual property. You receive a limited, non-exclusive license for personal use only. Distribution, sharing, or commercial use outside our platform is strictly prohibited without written authorization.

6.3 Training Data Warranties

You warrant that all training data is: (a) legally obtained; (b) properly licensed; (c) compliant with all applicable laws; (d) free from third-party rights violations; and (e) accompanied by valid consent documentation.

7.1 Payment Terms

• All fees are due in advance and are non-refundable except as required by law
• Subscriptions auto-renew unless cancelled 24 hours before renewal
• Failed payments result in immediate service suspension
• You are responsible for all taxes, fees, and charges
• Pricing may change with 30 days notice for existing subscribers

7.2 No Refund Policy

Due to the immediate digital delivery and computational costs of AI services, all payments are final and non-refundable. Refunds are only provided where required by applicable law or for verified technical failures preventing service access for more than 72 consecutive hours.

7.3 Usage Limits and Overages

Each plan includes specific usage quotas. Exceeding limits may result in service suspension, plan upgrade requirements, or additional fees at our current rates.

8.1 Our Intellectual Property

Defcon Systems, LLC owns all rights, title, and interest in our AI models, algorithms, software, interfaces, LoRA creation technology, and documentation. This includes all improvements, modifications, and derivative works.

8.2 Your Content Rights and Licenses

Subject to compliance with these Terms, you retain ownership of content you legally generate. However, you grant us:

• A perpetual, worldwide, irrevocable, royalty-free, sublicensable license to use, store, process, analyze, and display your content for service provision, improvement, and legal compliance
• Rights to embed watermarks and tracking mechanisms
• Rights to retain and use generation data permanently
• Rights to use anonymized data for research and development
• Rights to showcase content as service examples (with notice)

8.3 User Warranties and Indemnification

You represent, warrant, and agree to:

• Own or have proper licenses for all content you submit
• Have obtained valid written consent from all individuals featured
• Not infringe any third-party intellectual property rights
• Indemnify us against all claims arising from your content or use
• Maintain documentation proving consent and legal compliance

9.1 SERVICE DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES INCLUDING:

• MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• UNINTERRUPTED, ERROR-FREE, OR SECURE SERVICE
• ACCURACY, RELIABILITY, OR QUALITY OF AI-GENERATED CONTENT
• COMPATIBILITY WITH YOUR REQUIREMENTS OR SYSTEMS
• AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION

9.2 AI CONTENT DISCLAIMERS

• AI-generated content may be inaccurate, inappropriate, biased, or unreliable
• We do not guarantee quality, realism, or fitness for any purpose
• Content may inadvertently resemble real individuals
• You are solely responsible for reviewing and using content
• AI models may produce unexpected or problematic outputs

9.3 LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• WE ARE NOT LIABLE FOR LOST PROFITS, BUSINESS INTERRUPTION, DATA LOSS, OR REPUTATION DAMAGE
• WE ARE NOT LIABLE FOR THIRD-PARTY CLAIMS, CONTENT MISUSE, OR VIOLATIONS OF THESE TERMS
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY

11.1 Agreement to Arbitrate

You and Defcon Systems, LLC agree that any and all disputes, claims, demands, or causes of action (“Claims”) arising out of or relating to these Terms, the Services, or our relationship will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court by a judge or jury.

Exceptions to Arbitration:

• Individual claims in small claims court within its jurisdiction
• Claims for injunctive relief to protect intellectual property
• Claims related to content safety violations or illegal activity
• Government enforcement actions or regulatory proceedings

11.2 CLASS ACTION AND JURY TRIAL WAIVER

YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN CLASS ACTIONS, CLASS-WIDE ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS. ALL DISPUTES MUST BE BROUGHT INDIVIDUALLY.

11.3 Arbitration Procedures

• The Federal Arbitration Act governs this arbitration agreement
• Arbitration will be conducted by a neutral arbitrator under AAA Commercial Arbitration Rules
• The arbitrator must follow the provisions of these Terms as a court would
• Arbitration hearings will take place in San Diego County, California, or by telephone/video conference
• The arbitrator's decision is final and enforceable in court
• Settlement offers will not be disclosed to the arbitrator during proceedings

11.4 Costs and Fees

Filing, administration, and arbitrator fees will be governed by AAA Rules. If you can demonstrate economic inability to pay your portion of arbitration fees, or if the arbitrator determines costs would be prohibitive compared to litigation, we will pay your portion as necessary to prevent cost-prohibition.

11.5 Limitation Period

Any claim must be filed within one (1) year after the event giving rise to the claim occurred. Claims not filed within this period are permanently barred.

11.6 Confidentiality

All parties must maintain strict confidentiality of arbitration proceedings, including the existence, content, and results of arbitration, except as necessary to enforce awards or as required by law.

11.7 Opt-Out Right

You may reject this arbitration agreement by sending written notice to our legal contact within thirty (30) days after first accessing the Services. The opt-out must include your name, email address, and clear statement rejecting arbitration. This is the only way to opt out.

11.8 Severability

If any part of this arbitration agreement is deemed invalid or unenforceable, the remainder shall remain effective. If the class action waiver is deemed invalid, the entire arbitration agreement becomes null and void.

12.1 Termination by You

You may terminate your account through account settings. Termination takes effect at the end of your current billing period. No refunds will be provided for unused subscription time or services.

12.2 Immediate Termination by Us

We may suspend or terminate your access immediately without prior notice for:

• Generating content without proper consent or featuring minors
• Violating these Terms or engaging in illegal activity
• Creating prohibited, harmful, or abusive content
• Circumventing safety measures or technical restrictions
• Payment failures or fraudulent transactions
• Providing false information or documentation
• Threatening safety, rights, or legal interests of others
• Harassment, impersonation, or malicious conduct
• Multiple policy violations or pattern of abuse

12.3 Effect of Termination

• Immediate cessation of access to all Services
• Deletion of account data and generated content
• Permanent removal of LoRA models and training data
• Indefinite retention of compliance data and generation logs
• All outstanding fees remain due and payable
• Survival of provisions regarding liability, indemnification, and dispute resolution

13.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to conflict of law principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement.

13.2 Jurisdiction

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of state and federal courts located in San Diego County, California. You waive any objection to venue or personal jurisdiction in these courts.

13.3 JURY TRIAL WAIVER

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS THAT IS NOT SUBJECT TO ARBITRATION.

15.1 Entire Agreement

These Terms, together with our Privacy Policy and any referenced policies, constitute the entire agreement between you and Defcon Systems, LLC regarding the Services and supersede all prior agreements, communications, or understandings.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to be enforceable while preserving its intent to the maximum extent possible.

15.3 Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets without restriction, with reasonable notice to users.

15.4 Force Majeure

We shall not be liable for performance failures due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, government actions, network failures, cyber attacks, or third-party service disruptions.

15.5 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision or any other provision. All waivers must be in writing and signed by our authorized representative.

15.6 Survival

The following provisions survive termination: intellectual property rights, user warranties, indemnification, limitation of liability, dispute resolution, governing law, data retention, and any accrued payment obligations.

15.7 Electronic Communications

You consent to receive all communications from us electronically and agree that electronic communications satisfy any legal requirement for written communications.

15.8 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

15.9 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights except as expressly stated herein.