Terms of Service

Breme is operated by Figurative, Inc., a Delaware corporation ("Breme", "we", "us"). These Terms of Service ("terms") govern your access to and use of breme.ai and the products, apps, and services we offer through it (together, the "service").

By creating an account or using the service, you agree to these terms and to our Privacy Policy at breme.ai/legal/privacy and our Acceptable Use Policy at breme.ai/legal/acceptable-use, both of which are part of this agreement. If you do not agree, do not use the service.

If you use the service on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" refers to it.

You must be 18 years of age or older to use the service. By using Breme you represent that you are at least 18. We do not knowingly allow anyone under 18 to create an account, and we will close accounts that we learn belong to someone under 18.

You are responsible for your account and everything that happens under it. Keep your credentials confidential, use accurate registration information, and keep it up to date.

Tell us right away at info@breme.ai if you believe your account has been accessed without your permission. We are not responsible for losses caused by unauthorized use of your account that results from your failure to keep your credentials secure.

You may not sell, transfer, or share your account, and you may not use another person's account without their permission.

Breme lets you create, edit, and manage content using generative AI models, including models operated by third-party providers such as OpenAI, Anthropic, and Replicate.

The service evolves. We may add, change, or remove features, and we may swap, upgrade, or retire the underlying AI models at any time. A model available today may produce different results tomorrow or may no longer be available. We will use reasonable efforts to communicate changes that materially reduce the core functionality of a paid plan.

We aim for high availability but do not promise uninterrupted service. Maintenance, outages at our providers, and other factors outside our control can cause downtime.

You own the content you upload to the service, including images, video, audio, text, and prompts ("inputs"). You are responsible for your inputs: you must have the rights needed to upload them and to have them processed as described in these terms, including any consents required from people who appear in them or whose voice or likeness they contain.

You grant us a limited, revocable, non-exclusive license to host, store, reproduce, process, and transmit your inputs and outputs solely as needed to operate, provide, and secure the service. This includes transmitting content to the third-party model providers that power a generation you request. The license ends when you delete the content or close your account, except for copies in routine backups, which are deleted on our normal backup cycle, content you have made public, and the training license over free-plan content, both covered in the section on visibility below.

We do not claim ownership of your content, and we do not take perpetual, irrevocable, or sublicensable rights over your private content.

You own the content you generate with the service ("outputs"), to the extent permitted by applicable law, on every plan. To the extent we hold any rights in your outputs, we assign them to you.

Two honest caveats about AI-generated content:

• AI-generated output may not be protectable by copyright in some jurisdictions, particularly where the law requires human authorship. Owning the output as between you and us does not guarantee you can enforce copyright in it against others.
• Generative models can produce similar or identical outputs for different users. We cannot guarantee that your output is unique, and other users may independently generate content that resembles yours. Ownership of your output does not extend to outputs generated by others.

How your content is treated depends on your plan and on the visibility you choose:

• Paid plans: content you create on a paid plan is private by default. We never use it to train models, and our API model providers are contractually prohibited from using it to train theirs.
• Free plan: content you create on the free plan is public. We may use it to train and improve our models and the service, and we may display it on public showcase pages.
• Public content: any user, on any plan, can choose to make individual pieces of content public. Content you make public grants us a license to display it on public pages of the service and in promotion of the service.

For free-plan content, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that content to train and improve our models and the service. This training license attaches when the content is created and survives deletion of the content, closure of your account, and later plan changes. Deleting free-plan content removes it from display and from your library, and we may retain copies for training as permitted by this license, subject to the deletion rights the law gives you over your personal data, which are described in our Privacy Policy.

The training license applies only to content created while on the free plan. It is not retroactive: downgrading from a paid plan to the free plan does not apply it to content you created while on a paid plan, and that content stays private.

Upgrading to a paid plan applies to content you create from that point on. Content you created earlier on the free plan stays public and remains covered by the training license, unless you use the protection options we offer to change how specific earlier content is displayed.

Your use of the service must comply with our Acceptable Use Policy, available at breme.ai/legal/acceptable-use and incorporated into these terms. It covers prohibited content and behavior in detail, including rules about depicting real people without consent.

Because the service is built on third-party models, your use must also comply with the usage policies of our model providers, currently OpenAI, Anthropic, and Replicate. Their policies apply to content you generate through their models on Breme.

We may remove content, refuse generations, or suspend accounts that violate these policies. Where practicable we will tell you what happened and why.

Content you export from Breme may carry machine-readable provenance metadata identifying it as AI-generated. You agree not to remove, alter, or obscure this metadata.

Where the law requires it, including under Article 50 of the EU AI Act, you must clearly disclose that realistic AI-generated depictions of real people, places, or events are AI-generated when you publish or share them. You are responsible for meeting the disclosure requirements that apply to you in the places where you publish.

We respect intellectual property rights and expect users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.

To report infringement, send a notice to our designated agent: Figurative, Inc., info@breme.ai, 131 Continental Dr, Suite 305, Newark, DE 19713, United States. Your notice must include:

• Identification of the copyrighted work you claim is infringed.
• Identification of the material you claim is infringing, with enough detail (such as a URL) for us to locate it.
• Your name, address, telephone number, and email address.
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
• Your physical or electronic signature.

If your content is removed in response to a notice and you believe the removal was a mistake or misidentification, you may send a counter-notice to the same agent. A counter-notice must include identification of the removed material and its former location, a statement under penalty of perjury of your good-faith belief that the removal was a mistake or misidentification, your name, address, and telephone number, your consent to the jurisdiction of the federal district court for your address (or, if outside the United States, any judicial district in which we may be found), your acceptance of service of process from the person who filed the original notice, and your physical or electronic signature. If the original claimant does not file a court action within 10 to 14 business days after we forward your counter-notice, we may restore the material.

We terminate the accounts of repeat infringers in appropriate circumstances.

Paid plans are subscriptions billed in advance on a recurring basis. Each plan includes a monthly usage allowance: a window of usage that refreshes each billing cycle. The allowance is a service feature, and unused allowance does not roll over to the next cycle. It is not purchased credit or stored value.

Usage beyond your monthly allowance is billed pay-as-you-go at the rates shown on the pricing page or in your billing settings.

Your subscription renews automatically at the end of each billing period, and your payment method is charged at the then-current price, until you cancel. You can cancel anytime through the billing portal in your account settings. Cancellation takes effect at the end of the current billing period, and you keep access until then.

If we change the price of your plan, we will give you at least 30 days notice before the new price takes effect, and it will apply from your next renewal after the notice period. If you do not agree with a price change, cancel before it takes effect.

Payments are processed by Stripe. We do not store your full payment card details.

Payments are non-refundable except where these terms or applicable law require otherwise. If you believe something went wrong with a charge, contact us at info@breme.ai and we will review refund requests case by case.

If you are a consumer in the EU or UK, you have a statutory right to withdraw from a purchase of digital services within 14 days without giving a reason. When you start using the service before the 14 days are up, you expressly request immediate performance and acknowledge that you lose the right of withdrawal once the service has been fully performed, and that if you withdraw during ongoing performance you owe a proportionate amount for the service already provided. We ask for this acknowledgment at checkout.

The service is provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In particular, we make no warranty about outputs. AI-generated content can be inaccurate, incomplete, biased, or similar to existing works. We do not warrant that outputs are accurate, original, fit for any purpose, or free of third-party rights. Review outputs before you rely on them or publish them, especially in contexts where errors could cause harm.

Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.

To the fullest extent permitted by law, Breme and its officers, directors, employees, and suppliers will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill, arising out of or related to the service, even if we have been advised of the possibility of such damages.

To the fullest extent permitted by law, our total liability for all claims arising out of or related to the service is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or 100 US dollars.

These limits do not apply where the law does not allow them to, including liability that cannot be limited under the mandatory consumer protection laws of your country of residence.

You will defend, indemnify, and hold harmless Breme and its officers, directors, employees, and agents from and against claims, damages, and expenses (including reasonable attorneys' fees) arising out of your inputs, your use of outputs, or your breach of these terms. We may take over the defense of any matter subject to indemnification, in which case you agree to cooperate with us.

You can stop using the service and close your account at any time from your account settings or by contacting info@breme.ai.

We may suspend or terminate your access if you breach these terms, if required by law, or if we discontinue the service. Where practicable we will give you notice and an opportunity to export your content before termination, unless doing so would be unlawful or risk harm to others or to the service.

On termination, your right to use the service ends. Sections that by their nature should survive (including ownership, disclaimers, liability limits, indemnity, and dispute resolution) survive termination.

If you live in the United States, you and Breme agree to resolve disputes arising out of these terms or the service through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. The Federal Arbitration Act governs this agreement to arbitrate.

Class action waiver: you and Breme each waive the right to participate in a class action, class arbitration, or other representative proceeding. Disputes may be brought only on an individual basis.

Small claims carve-out: either party may bring an individual claim in small claims court instead of arbitration, if the claim qualifies.

Opt-out: you can opt out of this arbitration agreement by emailing info@breme.ai within 30 days of first accepting these terms, with your name, account email, and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these terms.

Before starting arbitration, contact us at info@breme.ai and give us 30 days to try to resolve the dispute informally.

These terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, except where the mandatory laws of your country of residence provide otherwise.

If you are a consumer in the EU or UK, nothing in these terms limits the consumer protections you are entitled to under the mandatory laws of your country of residence, you may bring proceedings in the courts of that country, and the arbitration section above does not apply to you.

You may not use the service in violation of US export control or sanctions laws. You represent that you are not located in an embargoed country or region and are not on any US government restricted-party list, and you agree not to export or re-export any part of the service contrary to applicable law.

We may update these terms from time to time. When we do, we will post the updated terms with a new effective date and notify you by email or through the service. For material changes, we will give you at least 30 days notice before they take effect.

Your continued use of the service after the effective date of updated terms means you accept them. If you do not agree, stop using the service and close your account before the changes take effect.

These terms, together with the Privacy Policy, the Acceptable Use Policy, and any plan-specific terms you agree to, are the entire agreement between you and Breme about the service and replace any prior agreements on the subject.

If any provision of these terms is found unenforceable, it will be limited or removed to the minimum extent necessary, and the rest of the terms remain in effect. Our failure to enforce a provision is not a waiver of our right to enforce it later.

You may not assign these terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets, and we will notify you if we do.

Questions about these terms: Figurative, Inc., info@breme.ai, 131 Continental Dr, Suite 305, Newark, DE 19713, United States.