Welcome to Unstability.ai (the “Website”), owned and operated by Equilibrium Point Inc. (“we”, “us”, or “our”). These terms and conditions (the “Agreement”) govern your use of our Website and services. By using our Website, you agree to be bound by this Agreement.
Unstability.ai is an AI image generation Website that allows users to generate images during a free trial and purchase a subscription to continue using the service. The Website also provides public galleries to display user-generated images. Your subscription includes the usage allowances described on our Plans & Usage page, which is incorporated into this Agreement by reference.
To access our services, you must create an account with us. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify us of any unauthorized use of your account.
You may use our services for lawful purposes only. You agree to comply with all applicable laws, rules, and regulations. You agree not to use our services for any illegal or fraudulent activity.
You must be old enough to consent to use online services in your jurisdiction to create an account. In addition, you must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is higher) to disable any content safety filter or to generate, request, or view sexually explicit content on our service. By disabling a safety filter or generating, requesting, or viewing such content, you represent and warrant that you meet this age requirement.
You agree to pay all fees associated with your use of our services, including any applicable taxes. Payment can be made through the payment methods provided on our Website. All refunds are subject to our refund policy, and we reserve the right to refuse any refund requests.
Paid plans are offered as recurring subscriptions. By starting a subscription (including a paid trial that converts to a paid plan), you authorize us to automatically charge your payment method the then-current subscription fee plus applicable taxes at the start of each billing period, until you cancel.
Your subscription will continue to renew automatically until you cancel. You can cancel at any time from your account settings. To avoid being charged for the next billing period, you must cancel before the current period ends. Cancellations take effect at the end of the current billing period; you will continue to have access to your plan until that date.
Except as stated in our Refund Policy or required by applicable law, all subscription fees are non-refundable, and cancellation does not entitle you to a refund of fees already paid.
If a paid trial is offered (for example, a 14-day trial at a reduced price), the trial converts automatically into the standard subscription at the standard price at the end of the trial period unless you cancel before the trial ends. We will display the trial conversion date and the standard renewal price clearly at the time of signup.
Your plan grants access to model usage organized into separate pools (currently the Unlimited pool and the Heavy pool). The Unlimited pool is not subject to a fixed usage cap, and generations using its models are not blocked; however, generation priority (queue speed) may vary based on factors such as overall demand and your cumulative usage. The Heavy pool, used for premium models, has its own weekly refill and overall monthly cap. The current allowances, pool composition, priority factors, and refill mechanics are described on our Plans & Usage page. We may adjust usage allowances, pool assignments, generation priority, model availability, and feature scope from time to time at our discretion. We will provide reasonable notice of any material reduction in usage allowances that affects current subscribers.
By submitting content to our Website — including any reference images, text prompts, or other materials you upload or input — you represent and warrant that you have all rights, licenses, consents, and permissions necessary to submit that content and to grant us the rights described in this Agreement, and that your submission does not violate any applicable law or any third party’s rights (including intellectual property, privacy, and publicity rights).
By submitting content to our Website, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such content in all formats and distribution channels now known or hereafter devised.
Our service generates images using AI models. You acknowledge and agree that:
As part of our efforts to protect the integrity of our services and safeguard our community from fraud and abuse, we employ certain security measures, including device fingerprinting. Device fingerprinting involves collecting information about your device, such as browser settings, IP address, and device attributes, to create a unique identifier. This identifier helps us detect and prevent malicious activity, such as abuse of promotions. By agreeing to these Terms of Service, you consent to our use of device fingerprinting for the stated security and anti-fraud purposes.
All content on our Website, including text, graphics, logos, images, and software, is the property of Equilibrium Point Inc. or its licensors and is protected by United States and international copyright laws.
We are not liable for any damages arising from your use of our services, including but not limited to direct, indirect, incidental, punitive, and consequential damages. We are not liable for any errors or interruptions in our services or for any loss of data.
We make no warranty that our services will meet your requirements or that our services will be uninterrupted, timely, secure, or error-free. The service and any outputs are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including without limitation warranties of merchantability, fitness for a particular purpose, accuracy, non-infringement, and title.
You agree to defend, indemnify, and hold harmless Equilibrium Point Inc. and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or in any way connected with:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
This Agreement is governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. You agree that any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the services will be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction and venue of those courts.
We may terminate this Agreement at any time without notice to you. You may terminate this Agreement by discontinuing your use of our services.
We may update this Agreement at any time. For material changes, we will provide reasonable notice — for example, by posting an updated effective date and showing an in-product notice on your next login. Your continued use of our services after we make any changes to this Agreement constitutes your acceptance of the changes.
If you have any questions or concerns about this Agreement or our services, please contact us at support@unstability.ai.