1.Agreement to these terms
These Terms of Service (the “Terms”) are a binding agreement between you and HypeFuze LLC (“IceBerree”, “we”, “us”, “our”), governing your access to and use of the IceBerree website, application, APIs and related services (together, the “Service”).
By creating an account, accessing the Service, or clicking to accept these Terms, you agree to them. If you do not agree, do not use the Service. If you are using the Service on behalf of a company or other organisation, you represent that you have authority to bind that organisation, and “you” refers to that organisation.
Our Privacy Policy is incorporated into these Terms by reference.
2.Who may use IceBerree
You must be at least 16 years old, or the age of digital consent in your country if that is higher, to use the Service. If you are under 18, you may only use the Service with the involvement and consent of a parent or legal guardian.
You may not use the Service if you are barred from doing so under applicable law, including if you are located in, or are a national or resident of, a country or region subject to comprehensive sanctions, or if you appear on any applicable restricted-party or denied-party list.
3.Your account
You are responsible for the accuracy of the information you give us, for keeping your login credentials secure, and for all activity that occurs under your account. Tell us promptly if you believe your account has been accessed without your permission.
You may not share, sell, rent or transfer your account, or let others use your account to generate content, except where you have a plan that expressly permits multiple users.
4.What IceBerree is
IceBerree is a creative production tool. It lets you design images, assemble layouts, and generate images and video using third-party artificial-intelligence models, along with supporting features such as copywriting assistance, background removal, upscaling and format conversion.
IceBerree is not an advertising agency, a legal adviser, a marketing consultant, a compliance service, or a publisher. We do not review, approve, endorse or verify the content you create, and we do not place, run or manage advertising on your behalf.
5.Ownership of your content
You represent and warrant that you own your Input Content, or have all rights, licences and permissions necessary to upload it and to use it in the way you intend, including any rights in third-party trademarks, photographs, artwork, music, fonts and the likenesses of any real people appearing in it.
6.Ownership of what you generate
Two honest limitations, which are facts about AI and law rather than claims by us:
- Copyright in purely AI-generated material is uncertain. In some jurisdictions, including the United States, material generated without sufficient human authorship may not be protectable by copyright at all. We cannot and do not promise that your Output Content is copyrightable or exclusively yours as against the world.
- Outputs are not guaranteed to be unique. Other users giving similar instructions may receive similar results. We do not grant you exclusivity over any style, character description, setting, phrase or visual result.
Your rights in Output Content are conditional on your compliance with these Terms and on your account being in good standing with respect to fees owed.
7.The limited licence you give us
To operate the Service we need narrow, practical permission to handle your content. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, display, reformat and process your Input Content and Output Content solely for the following purposes:
- providing the Service to you — including transmitting your content to the third-party AI providers listed in Section 17 so a generation can be produced;
- storing and displaying your content back to you inside your account;
- creating thumbnails, previews and format conversions needed to display or deliver your work;
- making backups, maintaining security, and diagnosing technical problems; and
- complying with law or a valid legal request.
This licence exists only to make the product function. It is not a transfer of ownership, it grants us no right to exploit your content commercially, and it ends when you delete the content or close your account, except for copies retained in routine backups for a limited period or where retention is required by law.
8.What we will never do with your content
If we ever want to feature something you made, we will ask, and “no” is a complete answer with no effect on your account or your plan.
9.Credits, plans and payment
Generating with AI costs us real money per generation, so the Service runs on credits.
- IceBerrees are the monthly allowance included with a paid plan. They refresh at the start of each billing period and do not roll over — unused IceBerrees are lost when the allowance refreshes.
- Berries are top-up credits you purchase separately. They do not expire while your account is open and in good standing.
- Premium Video Seconds are the unit used for premium video generation, measured in seconds of finished video.
Credits are a licence to use the Service. They are not money, not a stored-value instrument, and have no cash value. They cannot be redeemed for cash, transferred between accounts, or sold.
Paid plans renew automatically for successive periods at the then-current price until cancelled. You authorise us and our payment processor to charge your payment method on each renewal. You may cancel at any time; cancellation stops future renewals and takes effect at the end of the current paid period. We do not provide pro-rata refunds for a period already begun, except where required by law or as described in Section 10.
Prices may change. We will give you reasonable advance notice of a price increase affecting your plan, and it will take effect no earlier than your next renewal. Continuing to use a paid plan after that notice is acceptance of the new price. Prices exclude taxes unless stated; you are responsible for any applicable taxes.
10.Refunds and failed generations
If a generation fails for a technical reason on our side or on a provider's side, the credits reserved for it are returned to your balance automatically. If that does not happen, contact us and we will correct it.
Credits consumed by a generation that completed successfully are not refundable simply because you did not like the result. AI output is variable by nature; an unsatisfying result is a normal outcome, not a fault. We encourage using low-cost previews and shorter clips before committing to longer or higher-resolution generations.
Except where required by consumer-protection law in your jurisdiction, subscription fees are non-refundable once a billing period has begun. If you believe you have been charged in error, contact us and we will investigate in good faith.
11.Acceptable use
You agree not to use the Service to create, upload, store or distribute anything that:
- infringes anyone's copyright, trademark, trade secret, patent, publicity, privacy or other rights;
- is unlawful, defamatory, harassing, hateful, or incites violence or discrimination against people on the basis of a protected characteristic;
- is sexual content involving minors, or sexualises a real person without their consent;
- depicts or promotes serious violence, self-harm, terrorism, or the manufacture of weapons or illegal drugs;
- is designed to deceive — including fraudulent schemes, phishing, fake reviews, fabricated testimonials, fake news, or content that misrepresents its origin;
- impersonates a real person, business, government agency, law-enforcement body or public official, or falsely suggests affiliation with or endorsement by one;
- violates the advertising policies of any platform you publish to, or any applicable advertising, consumer-protection, securities, health, financial-services or gambling regulation;
- contains malware or is used to attack, overload, probe or gain unauthorised access to any system.
You also agree not to: resell or white-label the Service without a written agreement with us; use automated means to access the Service outside a documented API; circumvent credit limits, rate limits, usage restrictions or paywalls; reverse engineer the Service; or use the Service to build a competing product.
Third-party AI providers apply their own content filters. A generation may be refused by a provider even where we have not restricted it; that is outside our control.
12.Synthetic people and likeness
The Service can generate realistic images and video of people who do not exist. This carries specific responsibilities, which are yours.
- Do not create a synthetic likeness of a real, identifiable person — including public figures, celebrities, employees, customers, or anyone you know — without that person's documented, informed consent.
- Do not upload a photograph of a real person to be used as the basis of a generated performer unless you hold the necessary rights and releases from that person.
- Synthetic people are not real customers. Do not present a generated person as a genuine customer, reviewer or user giving a real testimonial about their real experience. Fabricated testimonials are illegal in many jurisdictions.
- Do not use synthetic people in a way that implies official authority — for example, presenting a generated figure as a real doctor, pharmacist, police officer, government official, or licensed professional endorsing a product.
- Where a generated performer wears a uniform or insignia, it must be generic and must not reproduce the identifying marks of a real organisation, employer, agency or department.
Some jurisdictions and some platforms require synthetic or AI-generated media to be disclosed as such. Determining and meeting those disclosure obligations is your responsibility.
13.Advertising claims and honesty
Some features help you write advertising copy and dialogue. Those features are drafting aids. You are solely responsible for the truth, substantiation and legality of every claim in anything you publish, including claims about performance, ingredients, health effects, results, pricing, availability, comparisons to competitors, and endorsements.
Where the Service flags a statement as unverified or as a personal-experience, comparative, health or social-proof claim, that flag is a convenience, not a legal review, and its absence is not approval. We do not verify any factual claim you make.
14.The nature of AI output
Generative AI is probabilistic. You acknowledge that:
- output may be inaccurate, distorted, anatomically wrong, misspelled, mispronounced, or fail to follow your instructions;
- text rendered inside an image or video — including brand names, labels and fine print — may be altered or garbled, and must be checked before publication;
- the same instructions may produce different results on different runs, and results are not reproducible;
- outputs may unintentionally resemble existing works, styles, people or brands;
- output is not advice of any kind, and must not be relied on as legal, medical, financial, safety or professional guidance.
You must review every output before you publish or rely on it. Publication is your decision and your responsibility.
15.Product Lock and other beta features
Features labelled Beta, Preview or similar are provided as-is, may change or be withdrawn, and may not work reliably.
16.Where your files live
By design, much of your work — projects, uploads and generated media — is stored locally in your own browser rather than on our servers. This is a deliberate privacy choice, and it has consequences you need to understand:
- Browser storage is tied to one browser profile on one device and to one website address. Clearing site data, using a different browser or device, or a change of domain can make locally stored work unreachable.
- Browsers may evict local storage without warning when disk space is low.
- Local storage is not a backup. You are responsible for downloading and keeping your own copies of work that matters to you. The Service provides export and download tools for this purpose.
Where you enable account-based cloud storage, we store those files on our infrastructure providers under Section 17. We take reasonable measures to protect them, but we do not guarantee against loss, and we are not a backup or archival service.
17.Third-party services
The Service depends on third parties, including providers of AI model inference, authentication and database hosting, edge compute and object storage, and payment processing. To generate content, the prompts you write and the images you supply for a generation are transmitted to the relevant AI provider.
Those providers operate under their own terms and privacy practices. We choose providers carefully but we do not control them, and we are not responsible for their acts, omissions, availability, content policies or changes to their services. A provider may discontinue a model, change its behaviour or pricing, or refuse a request. Our Privacy Policy identifies the categories of providers and the data shared with them.
18.Our intellectual property
The Service itself — including its software, interface, design, text, the IceBerree name and logo, and the templates, presets, character and setting libraries, prompt systems and other creative tooling we supply — is owned by us or our licensors and protected by intellectual-property law. Nothing in these Terms transfers any of it to you.
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service in accordance with these Terms for the duration of your account. Output Content you generate is excluded from this section and is governed by Section 6.
19.Feedback
If you send us suggestions, ideas or feature requests, you grant us an unrestricted, perpetual, royalty-free right to use them without obligation or compensation to you. This applies to feedback about the Service only — never to your Input Content or Output Content.
20.Suspension and termination
You may stop using the Service and close your account at any time.
We may suspend or terminate your access, with notice where practicable, if you materially breach these Terms, if your use creates legal risk or harm to us or others, if payment fails, or if we are required to do so by law. Where a breach is serious — particularly under Sections 11 or 12 — we may act immediately and without notice.
On termination: your licence to use the Service ends; unused credits are forfeited and are not refundable, except where the termination was our fault or as required by law; and you should export any content you wish to keep. Sections that by their nature should survive — including Sections 5, 6, 8, 13, 14, 18, 19, 21, 22, 23, 26 and 27 — survive termination.
21.Disclaimers
To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.
We do not warrant that the Service will be uninterrupted, secure, timely or error-free; that results will meet your expectations or be fit for any commercial purpose; that output will be accurate, original, non-infringing or protectable; or that defects will be corrected.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you, and nothing here limits rights you have as a consumer that cannot lawfully be limited.
22.Limitation of liability
To the fullest extent permitted by law, neither IceBerree nor its owners, officers, employees, contractors, suppliers or licensors will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, data or content, arising out of or relating to the Service — even if we have been advised of the possibility.
Our total aggregate liability for all claims relating to the Service in any twelve-month period is limited to the greater of (a) the total amount you actually paid us for the Service in the twelve months immediately before the event giving rise to the claim, or (b) one hundred US dollars (US$100).
These limits apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose. Nothing in these Terms excludes liability for fraud, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded.
23.Indemnification
You agree to defend, indemnify and hold harmless IceBerree and its owners, officers, directors, employees, contractors, agents, suppliers and licensors (the “Indemnified Parties”) from and against any and all claims, demands, actions, investigations, proceedings, liabilities, damages, judgments, settlements, fines, penalties, losses, costs and expenses — including reasonable legal fees and the costs of enforcement — arising out of or relating to:
- your Input Content, including any allegation that it infringes or misappropriates a third party's intellectual-property, publicity or privacy rights, or that you lacked the rights or releases needed to upload or use it;
- your Output Content and any use, publication, distribution, broadcast or commercialisation of it by you or anyone acting on your behalf;
- any advertising claim, representation, testimonial, endorsement, comparison or disclosure — or failure to disclose — in material you create or publish;
- your use of synthetic people, including any claim relating to likeness, publicity rights, impersonation, false endorsement, or implied authority or affiliation;
- your breach of these Terms, of any representation or warranty you make in them, or of any applicable law, regulation, industry code or platform policy;
- your violation of the rights of any third party; and
- any dispute between you and a client, customer, employer, platform, regulator or other third party concerning content made with the Service.
We will notify you of any claim subject to this section within a reasonable time and will reasonably cooperate with the defence at your expense. We reserve the right to assume exclusive control of the defence and settlement of any matter subject to indemnification by you, in which case you agree to cooperate with us. You may not settle any claim in a way that imposes any obligation, admission or liability on an Indemnified Party without our prior written consent.
This obligation survives termination of your account and of these Terms.
24.Changes to the service
We are actively developing IceBerree. We may add, change, suspend or remove features, models, presets, plans or limits at any time. Where a change materially reduces a core function of a paid plan you are currently on, we will make reasonable efforts to give you advance notice, and you may cancel.
AI models are supplied by third parties and may be changed, deprecated or withdrawn by them with little or no notice. We may substitute a comparable model. We do not guarantee the continued availability of any specific model.
25.Changes to these terms
We may update these Terms. If a change is material, we will give reasonable notice — by email or in-product — before it takes effect. The “Last updated” date at the top always reflects the current version. Continuing to use the Service after a change takes effect means you accept the revised Terms. If you do not accept them, stop using the Service and close your account.
26.Governing law and disputes
These Terms are governed by the laws of the State of California, United States of America, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in Los Angeles County, California, United States of America, except that either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.
Before filing a claim, you agree to try to resolve the dispute informally by contacting us and allowing thirty (30) days for a good-faith resolution.
Nothing in this section deprives a consumer of the protection of the mandatory laws of their country of residence, or of the right to bring proceedings in their local courts where applicable law grants that right.
27.General terms
Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and supersede any prior understanding.
Severability. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary and the remaining provisions stay in full force.
No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets.
No third-party beneficiaries. Except for the Indemnified Parties in Section 23, these Terms create no rights for anyone else.
Force majeure. Neither party is liable for failure to perform due to events beyond its reasonable control, including outages of third-party providers, network failures, natural events, or government action.
Independent contractors. Nothing here creates a partnership, joint venture, employment or agency relationship.
28.Contact
Questions about these Terms can be sent to contact@hypefuze.com.