Terms of Service for Ext.Systems
Last updated: 2025-06-07
CRITICAL LEGAL NOTICE: These Terms specifically govern AI content generation services including LoRA model creation and media generation. By using Ext.Systems, you acknowledge the serious legal implications of creating AI content without proper consent and agree to full accountability for all generated content. VIOLATION OF THESE TERMS MAY RESULT IN CRIMINAL LIABILITY.
1. Introduction and Acceptance of Terms
These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and services provided by Defcon Systems, LLC (“Company”, “we”, “our”, or “us”) through Ext.Systems. By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.
Our Services include AI content generation tools, LoRA (Low-Rank Adaptation) model creation, AI chatbots, media generation tools (including but not limited to images, videos, and audio), and related features (collectively, the “Services”). These Terms apply to all users of our Services worldwide.
CRITICAL NOTICE: Our Services are designed for creating AI-generated content of yourself or individuals for whom you have explicit written consent. Creating content of any person without proper authorization is strictly prohibited and may result in immediate account termination, legal action, and criminal referral.
2. User Eligibility and Age Requirements
You must be at least 18 years old or have reached the legal age of majority in your jurisdiction (whichever is higher) to use our Services. Accounts found to belong to users under the required age will be immediately terminated without refund or notice.
By using our Services, you represent and warrant that: (a) you meet these age requirements; (b) you have the legal capacity to enter into binding contracts; (c) all registration information is accurate and current; and (d) your use complies with all applicable laws.
Verification Requirements: We may require age verification or identity documentation at any time. Failure to provide requested verification within 7 days results in automatic account suspension.
3. Account Registration and Security
You are solely responsible for maintaining account security, including credentials, two-factor authentication settings, and all activities under your account. You must immediately notify us of any unauthorized access or security breaches.
Account Restrictions: One account per person. Creating multiple accounts to circumvent restrictions, abuse Services, or evade enforcement actions is prohibited and may result in permanent bans across all associated accounts and legal action.
We reserve the right to suspend, terminate, or refuse service to any account at our sole discretion for any reason, including suspected fraud, abuse, or policy violations.
4. Consent Requirements and Prohibited Uses
4.1 MANDATORY CONSENT REQUIREMENTS
YOU MAY ONLY CREATE CONTENT OF:
- Yourself - Content featuring your own likeness
- Others with explicit written consent - Including signed releases acknowledging AI content generation
- Original fictional characters - That do not resemble real individuals
- Public domain or licensed content - With proper documentation
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. Content Monitoring, Watermarking, and Data Retention
COMPREHENSIVE MONITORING: All user activity is monitored through automated and manual systems for safety, legal compliance, and quality assurance purposes.
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. LoRA Models and AI Training
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. Subscription, Payments, and Billing
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. Intellectual Property Rights
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. Disclaimers and Limitation of Liability
IMPORTANT: READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY AND YOUR LEGAL REMEDIES.
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
10. Indemnification
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Defcon Systems, LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS FROM ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING FROM:
- Your use or misuse of the Services or generated content
- Your violation of these Terms, applicable laws, or third-party rights
- Content you submit, upload, generate, or distribute
- Your failure to obtain proper consent for AI model creation or content generation
- Claims that your content infringes intellectual property rights
- Unauthorized use of another person's likeness or identity
- Any harm caused by content you create or distribute
- Your breach of any representation or warranty in these Terms
- Criminal activity involving content you generate
- Third-party claims related to your LoRA models or training data
- Your violation of privacy rights or publicity rights
- Any defamatory, harmful, or illegal content you create
This indemnification obligation survives termination of your account and these Terms and includes reimbursement for legal fees, court costs, settlement amounts, and judgments.
11. Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS AND HOW DISPUTES ARE RESOLVED.
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. Termination and Suspension
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. Governing Law and Jurisdiction
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.
14. Modifications to Terms
We may update these Terms to reflect changes in our Services, legal requirements, or business practices. Material changes will be communicated through:
- Email notification to your registered email address
- Prominent notice on our website and within the Services
- In-app notifications for significant policy changes
- 30-day advance notice for changes affecting payments or fundamental rights
Continued use after the effective date constitutes acceptance of updated Terms. If you disagree with changes, you must discontinue use and may terminate your account before the effective date.
For significant changes affecting your rights or obligations, we may require explicit acceptance before continued use.
15. Miscellaneous Provisions
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.
16. Contact Information and Reporting
For questions about these Terms, reporting violations, or legal matters, contact Defcon Systems, LLC:
Defcon Systems, LLC 113 West G Street, #549 San Diego, CA 92101 USA
Legal Contact:
Safety & Compliance Reports:
DMCA/IP Reports:
Arbitration Opt-Out:
Emergency Safety Reports: For immediate safety concerns, unauthorized use of likeness, harmful content involving minors, or suspected illegal activity, contact our safety team immediately. We respond to emergency reports within 24 hours and cooperate fully with law enforcement investigations.
Consent Verification: If you believe your likeness has been used without permission, contact us immediately with proof of identity. We will investigate promptly and take appropriate enforcement action including account termination and legal referral.
Law Enforcement Cooperation: Law enforcement agencies may contact us directly for assistance with investigations involving AI-generated content. We maintain comprehensive generation logs and cooperate fully with valid legal requests and subpoenas.
Business Inquiries: For partnership, licensing, API access, or other business inquiries, please use our general contact methods or business development channels as outlined on our website.
Acknowledgment and Legal Binding Effect:
By using Ext.Systems, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy. These Terms are governed by California law and disputes will be resolved through binding arbitration in San Diego County, California, except as otherwise specified herein. You specifically acknowledge the serious nature of AI content generation and your responsibility to obtain proper consent for all individuals featured in generated content. You understand that violations may result in immediate account termination, civil liability, and criminal prosecution.