📄 Terms of Service
📅 Updated: November 23, 2023
Welcome to Pornify ("Website"). These Terms of Service ("Terms") are a binding contract between you and Walpine Limited ("Company," "we," "us," "our"), the entity behind Pornify, with its registration at 1 Platonos & Mourouzi, Georgia Court, Floor 2, Flat 202, Mesa Geitonia, 4001, Limassol, Cyprus, and under Cyprus jurisdiction. Your use and access to the Website and any services provided by Pornify ("Services") are governed by these Terms. By using or accessing the Website or Services, you consent to adhere to these Terms.
1. General Provisions
We operate the website www.pornify.com, and any associated subdomains (collectively referred to as the "Website"). The following Terms of Service (the "Terms") govern your use of the Website and the services offered by the Company. Our services include, but are not limited to, the generation of AI images, AI Lover chatting service, AI-generated videos through the Video and Image Generator services (collectively, the “Services”). By using the Website or any of its subdomains, you agree to be bound by these Terms.
By using the Website or the Service, you acknowledge that you have read, understood, and agreed to the Terms. All AI-generated images and characters appearing in content produced by our Services are digital creations and are depicted as being over 18 years old. If you do not agree to these Terms, you may not use the Website or the Service.
You must be at least 18 years old and the age of majority in your jurisdiction to use the Website and the Service. By using the Website or the Service, you represent and warrant that you meet all eligibility requirements. If you do not meet all eligibility requirements, you must not access or use the Website or the Service.
3. Prohibited Uses
By using the Website or the Service, you represent and warrant that you will not:
- Use the Website or the Service for any illegal or unauthorized purpose;
- Violate any laws in your jurisdiction (including but not limited to copyright laws);
- Attempt to interfere with, disrupt or hack the Service or any related website or servers or networks connected to the Service;
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without the express written permission of the Company;
- Violate the terms of service of any other website or service;
- Collect or store any personally identifiable information from the Website or the Service from other users of the Website or the Service;
- Attempt to interfere with, disrupt, modify, translate, adapt, edit, decompile, disassemble, reverse engineer, or otherwise manipulate the Service, its underlying technology, any software used by the Website or the Service, or any related website, servers, or networks connected to the Service;
- Post any content that is defamatory, obscene, pornographic, or otherwise objectionable;
- Upload any virus or malicious code;
- Post any content that infringes or violates any third party intellectual property rights or any other rights;
- Develop, utilize, or disseminate any software, interfaces, or tools (including bots, scrapers, or automated systems) that interact with the Service without our express written permission;
- Direct automated or excessive manual traffic to the Website or the Service, causing disruption or harm to the Service or the user experience;
- Violate any provision of these Terms of Service or act against the spirit or intent of these provisions;
- Use our service maliciously or without good faith, such as using it to harass, harm, or deceive others, or in a manner that we determine to be inappropriate, harmful, or abusive.
The Company takes measures to monitor the content prior to its posting or uploading through the Website or the Service, as outlined in our Content Monitoring and Safety Measures policy (Clause 20). We are committed to maintaining a safe and respectful environment for our users and have implemented a proactive monitoring system. This system is designed to review and approve content before it goes live on our platform, involving manual review whenever possible. Given the substantial volume of uploads, our automated systems play a crucial role in pre-screening all submissions to identify potential violations and uphold the quality and integrity of our platform. While our monitoring system is comprehensive, it is important to understand that no system can guarantee 100% accuracy in detecting every possible violation or ensuring the complete truthfulness, accuracy, or reliability of content before it is posted or uploaded. We do not endorse, support, represent, or guarantee the correctness of any content or opinions expressed within uploaded material. Users of the Website or the Service acknowledge the risk of encountering content that may be offensive, indecent, or objectionable, and agree to use the Website and the Service at their own risk. It remains the responsibility of our users to ensure their content complies with our Terms of Service and Community Guidelines. Any legal consequences arising from violations are the sole responsibility of the user who committed the violation. Our commitment to pre-screening content, coupled with manual review where feasible, underscores our dedication to creating a safer and more secure community. We also depend on the vigilance and commitment of our users in adhering to our platform's rules and spirit. A reporting system is in place on our website for users to flag any content they find unacceptable or inappropriate post-publication. We encourage users to report suspected violations, enabling us to take prompt and appropriate action. Your active participation is invaluable in maintaining the safety, quality, and integrity of our Website and Service.
5. Editor Service
The Editor service we provide enables users to upload and process Content solely featuring non-real, fictitious entities, such as AI-generated characters, drawings, illustrations, or computer-created 3D models, to create artistic representations (“Output”). This service is designed to amplify the artistic and expressive potential of AI and digital art and is not intended to generate explicit or pornographic material.
By using the Editor service, you affirm that:
- You own the Content or have sufficient rights and license to utilize and allow us to exercise the rights and licenses provided in these Terms;
- Your Content does not infringe on the privacy rights, publicity rights, copyrights, contract rights, or any other rights of persons or entities;
- You hold all rights to the Content you submit, post, or display on or through the Service and are responsible for protecting those rights;
- You pledge that the images you upload do not depict actual individuals, nor do they portray explicit or sexual acts.
We have instituted a vigilant monitoring system to detect and prevent the upload of Content that may not adhere to our standards. This system, while not infallible, represents our dedication to 'reasonable measures' for compliance. We continue to refine this detection system, demonstrating a proactive approach to responsible content management. To access the full capacity of the Editor service, including the ability to generate Output, users must complete our verification process. This process is in line with the legal standard for age and identity verification, leveraging multiple data points to establish user credentials. The verification process may include, but is not limited to, data provided during payment transactions and is subject to validation against anti-fraud databases. We operate within the legal framework established by the Communications Decency Act Section 230, the DMCA, and the Cyprus Law on Electronic Commerce, Law 156(I)/2004, which sets us as a hosting provider, alongside other applicable laws. These laws provide a safe harbor for service providers against liability for user-uploaded content, as long as we do not knowingly allow illegal content to remain on our platform and respond appropriately to complaints. You agree that any misuse of the Editor service falls solely on you as the user. We reserve the right to review and, if necessary, remove any Content or Output that violates our guidelines or applicable laws. Our policy includes the deletion of original images from our servers post-transformation, as governed by internal procedures subject to change without notice. By posting Content through our Service, you grant us a license to use, modify, perform, display, reproduce, and distribute such Content on and through our Service. This includes making your Content available to other users, who may also utilize your Content under these Terms. We are committed to maintaining a respectful and lawful service environment. Engaging in conduct that restricts or inhibits anyone's use or enjoyment of our Service, or which may harm or offend users or expose them to liability, is strictly prohibited. We reserve the right to amend these terms and terminate the service for any users found to be in violation of these terms or engaging in illegal activity.
By agreeing to these Terms and using the Editor service, you acknowledge and consent to all the provisions outlined herein.
6. Video and Image Generator
The Video and Image Generator services create AI-generated adult content. By using these services, you understand and acknowledge that these images and videos feature AI-generated characters, not real individuals. All AI-generated characters depicted in these images and videos are represented as being over 18 years old.
7. Use of Watermarks and Content Modification
Our Services generate content that may include watermarks. These watermarks are intended to protect our proprietary rights and to authenticate the origin of the content. You are strictly prohibited from modifying, tampering with, or removing these watermarks. Additionally, you may not edit, modify, or alter the content generated by our Services in any way unless you have received explicit written permission from us. Any violation of this provision may lead to the immediate termination of your access to our Website and Services and could subject you to legal penalties.
The Website and the Service are provided “AS IS” and “AS AVAILABLE” without warranty of any kind. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company makes no warranty that the Website or the Service will meet your requirements, or that the Website or the Service will be uninterrupted, timely, secure, or error-free. The Company makes no warranty as to the accuracy or reliability of any content obtained through the Website or the Service.
No advice or information, whether oral or written, obtained by you from the Company or through the Website or the Service will create any warranty not expressly made herein.
9. Limitation of Liability
Notwithstanding the general limitations of liability herein, it is acknowledged that, in compliance with Directive 2000/31/EC and Cyprus Law 156(I)/2004 on Electronic Commerce, the Company, as a hosting provider, assumes no liability for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use of the Website or the Service, except to the extent of its obligations to act promptly to remove or disable access to information upon obtaining actual knowledge of illegal activity or information, as prescribed by law.
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees and agents, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct).
The Company reserves the right to terminate or suspend your access to all or any part of the Website or the Service for any reason, including without limitation, breach or assignment of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination, and the Company reserves the right to refer such activity to any and all appropriate law enforcement authorities.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of law principles. By using our service, you agree that any dispute or claim arising out of or in connection with these Terms or the performance, breach, or termination thereof, will be governed by the laws of Cyprus.
The Company reserves the right to modify or replace the Terms at any time. If the alterations constitute a material change to the Terms, the Company will notify you by posting an announcement on the Website. What constitutes a material change will be determined at the Company’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using the Website or the Service after any modification to the Terms constitutes your acceptance of the Terms as modified.
14. Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Any failure of the Company to enforce or exercise any provision of the Terms or related rights shall not constitute a waiver of that right or provision.
15. Subscriptions and Payments
- Subscription period: The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.
- Subscription cancellations: You may cancel your subscription at any time. If you cancel the Subscription, you will continue to have access to the Service through the end of your current billing period.
- Rate Limits and Availability: The Company reserves the right to modify the Service offered at any time in its sole discretion. The Company also reserves the right to impose rate limits on some or all features of the Service. This inclusively extends to all users, irrespective of their subscription tier, status, or duration, ensuring a uniform and fair application of the policy. The Company does not guarantee that the Service will be available at all times.
- Billing and Payment: You are responsible for the timely payment of all fees and charges associated with your Subscription. The Company reserves the right to suspend your access to the Service in the event of delayed or failed payment transactions. Payments for our services are processed through various independent payment gateways. These gateways are separate entities and are not directly affiliated with the Company. As a user, you are required to adhere to the terms and conditions set forth by these payment providers. Your engagement with these services constitutes an acknowledgment of their policies and an agreement to comply with their regulatory frameworks. It is imperative to understand that each payment provider may have distinct terms, and your use of their services is subject to these individual terms. The Company endeavors to facilitate a seamless payment process but is not liable for issues arising from the policies or operations of these independent payment gateways.
- Fee Changes: The Company reserves the right to change the fees and charges in effect, or to add new fees and charges from time to time, upon thirty (30) days prior notice or without. Such changes will become effective on the renewal date for your Subscription.
- Refunds: Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of us.
In accordance with the law, specifically referencing the EU Directive on Consumer Rights (Directive 2011/83/EU), which stipulates exceptions from the right of withdrawal for digital content not supplied on a tangible medium, our digital services are exempt from refunds once they have been accessed immediately post-purchase and upon prior express consent. Similarly, under U.S. law, including the Uniform Commercial Code as adopted by most states, digital content that is provided electronically is not subject to the same refund rights as goods or services provided on a tangible medium.
On a case-by-case basis, the Company may consider refund requests for Subscriptions, granted at the Company’s sole discretion, in alignment with the prevailing laws and directives.
17. Contact Information
If you have any questions or concerns about these Terms, please contact us at contact[at]pornify.cc
18. Referral Program
By participating in the Pornify Referral Program ("Program"), users agree to abide by these Terms of Service and any additional Program-specific terms we may implement. To participate in the Program, you must have an active Pornify account in good standing.
Through the Program, you may earn a commission set by our system for each "Referral Sale," defined as a purchase of a Pornify subscription by a new user who accessed our Website through your unique referral link.
We also reserve the right to disqualify any user from the Program, withhold or withdraw Program earnings, or take any other action at our discretion if we determine that a user has violated these Terms of Service, misused the Program, or engaged in any fraudulent or abusive behavior.
By participating in the Program, you agree to these terms and accept all decisions made by Pornify regarding the Program as final and binding.
19. Compliance with Community Guidelines
By using or accessing Pornify, you agree to fully comply with our Community Guidelines. These guidelines are integral to maintaining the essence and quality of content shared within our platform. Any violation of these guidelines may result in corrective action, up to and including termination of your account and/or removal of content. Please refer to the Community Guidelines for specifics on acceptable content and behavior.
20. Content Monitoring and Safety Measures
At Pornify, we prioritize the safety and wellbeing of our community. To uphold this, we have implemented a proactive monitoring system that reviews all content before it is posted to our platform, aiming to detect possible violations of our Terms of Service, including attempts to upload depictions of individuals who are underage. This step is an additional measure we have willingly undertaken to enhance the safety and security on our platform. Despite the development of this system to prevent violations and ensure the quality and integrity of the content prior to its publication, it is important to recognize that no system is foolproof and cannot guarantee 100% accuracy in pre-screening all potential violations. This tool serves as a vital safety measure, but it does not relieve users of their responsibility to comply with our Terms of Service and Community Guidelines. In the event that a violation occurs, the responsibility and any potential legal consequences lie solely with the user who made the violation, regardless of whether the monitoring system identified the issue. Remember, our platform is a shared space for creativity and respect, and it's essential that all users contribute to maintaining this environment. The implementation of our pre-posting content review process is a testament to our commitment to creating a safer, more secure community. We continue to rely on the vigilance and commitment of our users in respecting the rules and the spirit of Pornify. We encourage you to report any suspected violations so that we can take prompt and appropriate action. Your active participation is crucial in keeping our community safe.
21. User Verification Requirements
To safeguard the integrity of our services and to ensure compliance with legal statutes governing the distribution of adult content, we mandate a compulsory age and identity verification process for all users wishing to access adult content on our platform. This is to affirm that only legally permitted adults partake in viewing or interacting with the content herein.
The verification process utilizes information provided during the payment transaction as a foundational layer of user authentication, in full accordance with Article 5 of the GDPR, ensuring that data processing is lawful, fair, and transparent. This information is presumed to be accurate and truthful, based on the legal obligations of the user to the payment processor. Any attempt to provide falsified information is a violation of our Terms of Service and may result in immediate termination of the user's account and potential legal action.
Our platform is committed to upholding the highest standards of legal compliance. In accordance with Section 230 of the Communications Decency Act and Cyprus Law 156(I)/2004 on Electronic Commerce, we operate as a provider of an interactive computer service; thus, we are not treated as the publisher or speaker of any information provided by another content provider, in line with our designation under Cypriot law as a hosting provider. This legal protection allows us to facilitate the sharing of user-generated content while maintaining a legal safe harbor.
As part of our commitment to responsible service provision, certain features of our platform, such as the 'Editor', will remain inaccessible to unsubscribed or unverified users. Full access to all features, including the 'Editor', will only be granted upon the successful completion of our identity verification process. This measure is in place to prevent any unauthorized or non-consensual use of our services and to align with Mastercard's stringent guidelines pertaining to the use of adult content and services.
Our platform actively monitors for compliance with these Terms. Any accounts found to be in violation may be subject to review, suspension, or termination, at our sole discretion. We reserve the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the website.
22. Content Removal Procedure
In our commitment to maintain a respectful and lawful community, we provide a clear procedure for the removal of content, which applies to instances of copyright infringement or removal requests for consensual reasons:
- Complaint Submission: We offer and encourage our users to report any concerns using our integrated report system or by direct email communication. Reports can be conveniently submitted through the report system available on our website, indicated by a flag icon on the page of the generated image. Alternatively, users may contact us directly via the email addresses provided on our 'About Us' page. For immediate acknowledgment of a report, users can also use the live chat feature, represented by the orange button at the bottom right of the screen. It is important to note that the live chat is intended for initial acknowledgment only and users must connect with a real agent for such assistance, as our automated bots are not equipped to process these requests. For efficiency and reliability, we recommend using the report system or email as the primary methods of submission.
- Review Process: Upon receipt of a complaint, our dedicated team will conduct a thorough review to assess the validity of the claim. We respect intellectual property rights and personal consent, and if content is found to be in violation of these principles or our Terms of Service, appropriate action will be taken. All reported complaints will be reviewed and resolved within seven (7) business days.
- Timely Deletion: Content identified for removal will be taken down within 7 days following the determination that the complaint is warranted.
- Monthly Reporting: We maintain a record of all flagged content, complaints received, and the subsequent actions taken. A summary report of this record is generated monthly and can be made available to the acquirer, ensuring that we adhere to our commitment to transparency and accountability.
- Appeals Process: If a decision regarding content removal is contested, we provide an appeals process. The appealing party can submit a formal request for reconsideration, detailing their grounds for appeal. This request will be reviewed by a separate team to ensure an unbiased evaluation.
We reserve the right to update our content removal procedures as necessary to align with legal requirements and best practices. Users are encouraged to consult the guide regularly to stay informed of any changes.
By accessing or using the Website or Services, you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website or Services.