Terms of Service

By accessing or using GOGUL ("Service", "Platform"), available at gogul.ai, you ("User", "you", "your") agree to be bound by these Terms of Service ("Terms"). The Service is operated by GOGUL ("GOGUL", "we", "us", "our").

If you do not agree to these Terms, you must not access or use the Service.

These Terms incorporate by reference our Privacy Policy, Acceptable Use Policy, Cookie Policy, DMCA Policy, and Credits & Billing Policy (collectively, the "Policies"). In the event of a conflict between these Terms and any Policy, these Terms shall prevail unless the Policy expressly states otherwise.

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms.

By using the Service, you represent and warrant that you:

• are at least 13 years old;
• have the legal capacity to enter into these Terms;
• are not located in, under the control of, or a national or resident of any country or territory subject to United States sanctions or export restrictions, including Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions;
• are not on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals (SDN) list maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC).

GOGUL is an AI-powered storyboard and image generation platform that uses artificial intelligence to create images, storyboards, characters, and related creative content based on user inputs ("Prompts").

The Service is provided "as is" and may be modified, suspended, or discontinued at any time without prior notice. We reserve the right to add, remove, or change features, functionality, or content of the Service at our sole discretion.

The Service utilizes third-party AI models and services. The output quality, availability, and behavior of these models may vary and are not guaranteed.

• 4.1. You must provide accurate, current, and complete information when creating an account.
• 4.2. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• 4.3. You must notify us immediately at support@gogul.ai if you become aware of any unauthorized use of your account.
• 4.4. One account per person. Creating multiple accounts is prohibited and may result in termination of all associated accounts.
• 4.5. We reserve the right to suspend or terminate accounts that violate these Terms, at our sole discretion, with or without notice.

• 5.1. The Service offers free and paid subscription plans: Starter ($9/month), Pro ($29/month), and Studio ($59/month). Additional credit packs may be purchased separately.
• 5.2. All payments are processed by Stripe, Inc. ("Stripe"). By subscribing to a paid plan, you agree to Stripe's terms of service. We do not store your credit card information on our servers.
• 5.3. Paid subscriptions automatically renew on a monthly basis unless cancelled before the start of the next billing period. You may cancel your subscription at any time through your account settings or by contacting support@gogul.ai.
• 5.4. Upon cancellation, you will retain access to your paid plan features through the end of your current billing period. No prorated refunds will be issued for partial billing periods.
• 5.5. We reserve the right to change our pricing with at least 30 days' prior notice. Price changes will take effect at the start of your next billing period following the notice.
• 5.6. All fees are non-refundable except as expressly stated in these Terms or as required by applicable law.

• 6.1. Actions on the Platform consume credits. Different actions may consume different amounts of credits.
• 6.2. Monthly subscription credits reset on your billing date and do not roll over to the next billing period.
• 6.3. Purchased credit packs do not expire while your account remains active.
• 6.4. Free plan credits are provided as a one-time allotment and do not replenish.
• 6.5. Credits are non-transferable between accounts and have no cash value.
• 6.6. Upon account termination, all unused credits are forfeited.
• 6.7. See our Credits & Billing Policy for the full credit cost table and additional details.

7.1. Your Input

You retain all ownership rights in the Prompts, text, images, and other materials you submit to the Service ("Input"). You represent and warrant that you have all necessary rights, licenses, and permissions to submit your Input to the Service.

7.2. Generated Content

Subject to these Terms and your compliance with all Policies, you own the AI-generated images, storyboards, and other content created through the Service ("Output") to the fullest extent permitted by applicable law.

7.3. License Tiers

7.4. License to GOGUL

By using the Service, you grant GOGUL a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, and display your Input and Output solely for the purposes of: (a) providing, maintaining, and improving the Service; (b) complying with applicable law; and (c) enforcing these Terms and our Policies.

7.5. No AI Training Promise

7.6. Important Disclaimer Regarding AI-Generated Content

7.7. GOGUL Intellectual Property

The Service, including its design, code, features, branding, the GOGUL name, logo, and all related intellectual property, are and shall remain the exclusive property of GOGUL. Nothing in these Terms grants you any right, title, or interest in GOGUL's intellectual property except the limited rights expressly set forth herein.

7.8. Prohibition on Competitive Use

You may not use Output or any data obtained from the Service to develop, train, or improve any AI model, service, or product that competes with GOGUL.

You agree to comply with our Acceptable Use Policy. Without limiting the foregoing, you may not:

• (a) Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• (b) Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable;
• (c) Generate child sexual abuse material (CSAM) or any content that sexualizes minors — this will result in immediate account termination and reporting to the National Center for Missing & Exploited Children (NCMEC) and relevant law enforcement authorities;
• (d) Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of the Service;
• (e) Circumvent, disable, or interfere with any security, rate-limiting, or access-control features of the Service;
• (f) Use the Service to create deepfakes of real persons without their consent;
• (g) Create content that infringes upon the intellectual property rights of any third party;
• (h) Use automated scripts, bots, or other means to access the Service without our express written permission;
• (i) Resell, sublicense, or redistribute access to the Service or credits;
• (j) Use the Service in any manner that could damage, disable, overburden, or impair the Service.

GOGUL respects the intellectual property rights of others. If you believe that any content on the Service infringes your copyright, please refer to our DMCA Policy for instructions on how to submit a takedown notice.

We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act and may remove or disable access to allegedly infringing content. Users who repeatedly infringe the copyrights of others may have their accounts terminated.

You agree to indemnify, defend, and hold harmless GOGUL and its owner, officers, employees, agents, and representatives (collectively, the "GOGUL Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• (a) Your use of the Service;
• (b) Your Input or Output;
• (c) Your violation of these Terms or any of our Policies;
• (d) Your violation of any applicable law, rule, or regulation;
• (e) Your infringement, misappropriation, or violation of any rights of any third party, including intellectual property rights;
• (f) Any dispute between you and any third party relating to your use of the Service.

GOGUL reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with GOGUL in asserting any available defenses.

This indemnification obligation shall survive the termination of your account and these Terms.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GOGUL DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• (a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
• (b) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• (c) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR SUITABILITY OF ANY OUTPUT;
• (d) WARRANTIES THAT OUTPUT WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

GOGUL DOES NOT GUARANTEE ANY LEVEL OF SERVICE AVAILABILITY OR UPTIME. THE SERVICE MAY BE SUBJECT TO INTERRUPTIONS, INCLUDING SCHEDULED AND UNSCHEDULED MAINTENANCE, THIRD-PARTY SERVICE DISRUPTIONS, OR FORCE MAJEURE EVENTS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:

• 12.1. GOGUL SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER GOGUL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• 12.2. GOGUL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU HAVE PAID TO GOGUL IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).
• 12.3. THE LIMITATIONS IN THIS SECTION APPLY TO ALL THEORIES OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.
• 12.4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

• 13.1. You may terminate your account at any time by using the account deletion feature in your settings or by contacting support@gogul.ai.
• 13.2. We may suspend or terminate your account at any time, with or without cause or notice, including but not limited to violation of these Terms or any of our Policies.
• 13.3. Upon termination: (a) your right to access the Service ceases immediately; (b) all unused credits are forfeited; (c) your generated content may no longer be accessible through the Service; (d) we may delete your account data in accordance with our Privacy Policy.
• 13.4. No refund will be issued for accounts terminated due to violations of these Terms or our Policies.
• 13.5. The following sections survive termination of these Terms: Section 7 (Content Ownership), Section 10 (Indemnification), Section 11 (Disclaimer of Warranties), Section 12 (Limitation of Liability), Section 14 (Dispute Resolution), and Section 16 (General Provisions).

14.1. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict of law provisions.

14.2. Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first contact us at support@gogul.ai and attempt to resolve the dispute informally for at least thirty (30) days.

14.3. Binding Arbitration

If the dispute cannot be resolved informally, it shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted remotely (online) before a single arbitrator.

14.4. Opt-Out

You may opt out of the arbitration agreement by sending written notice to support@gogul.ai within thirty (30) days of first accepting these Terms. Your opt-out notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration provision.

14.5. Class Action Waiver

14.6. Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.

• 15.1. The Service is operated from the United States. You are responsible for complying with all applicable export control laws, sanctions, and regulations, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) and the U.S. Department of Commerce.
• 15.2. You may not access or use the Service if you are located in, or a resident of, any country or territory subject to comprehensive U.S. sanctions, including Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions.
• 15.3. You represent and warrant that you are not named on any U.S. Government list of prohibited or restricted parties.
• 15.4. We reserve the right to block access to the Service from any jurisdiction at our sole discretion to comply with applicable laws and regulations.

• 16.1. Entire Agreement. These Terms, together with the Policies referenced herein, constitute the entire agreement between you and GOGUL regarding the Service and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral.
• 16.2. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
• 16.3. No Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of GOGUL.
• 16.4. Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. GOGUL may assign these Terms without restriction. These Terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
• 16.5. Force Majeure. GOGUL shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, pandemics, government actions, power failures, internet or telecommunications failures, third-party service outages, or cyberattacks.
• 16.6. Notices. We may provide notices to you via email to the address associated with your account, through the Service interface, or by posting on the Service. You are responsible for keeping your contact information current.
• 16.7. Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
• 16.8. Relationship of Parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and GOGUL.

We may update these Terms from time to time. When we make material changes, we will notify you by email or through a prominent notice within the Service at least fifteen (15) days before the changes take effect. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

If you do not agree to the revised Terms, you must stop using the Service and may terminate your account.

For questions about these Terms, contact us at:

GOGUL
Email: support@gogul.ai
Website: gogul.ai