Terms of Use

These Terms of Use ("Terms") are a binding agreement between you and MOKAYSA LLC ("Vionex", "we", "us"), the operator of the Vionex mobile application, the website at vionex.app and all related services (the "Service"). By downloading, opening or using the Service you accept these Terms. If you do not accept them, do not use the Service.

1. What Vionex is — a tool, not a publisher

Vionex sells access to an automated technical tool. You add one or more photos, you choose a look, scene, template or style, and software — including generative AI models operated by third parties — produces an image or a video (a "Creation") and returns it to you.

Every Creation is produced automatically, on your instruction, for you alone. We do not commission it, select its subject, review it, approve it, publish it, distribute it, or exercise any editorial control over it. We are an intermediary technical service provider in the sense of applicable law, including Section 230 of the U.S. Communications Decency Act, the safe-harbour provisions of the U.S. Digital Millennium Copyright Act ("DMCA"), and the corresponding intermediary-liability rules of other jurisdictions.

Creations are synthetic media. They are AI-generated visualisations, not photographs or recordings of real events. They may not faithfully represent any person, garment, place or moment and may contain errors and visual artifacts. They must never be presented as authentic.

2. Eligibility

You must be at least 13 years old, or the minimum age of digital consent where you live if that is higher, to use the Service. If you are under 18 you may use the Service only with the consent and supervision of a parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use. Regardless of your own age, photos depicting minors may never be added (Section 7).

You confirm that you are not located in, and are not a national of or ordinarily resident in, a country subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list.

3. Your account

Vionex creates an anonymous account for you automatically on first launch. There is no registration and no password. Your account lives in your device's secure storage, so clearing that storage, resetting the device, or moving to another device may make the account — including its credits and results — permanently unreachable. Because the account carries no identifying information, we cannot restore an account we cannot identify, and we are not responsible for loss of access caused in this way.

4. Credits, purchases and subscriptions

The Service runs on virtual credits. The credit cost of each generation is shown before you start it and varies by tool, duration, resolution and quality. Prices may change at any time.

Credits are obtained through purchases, through the Vionex Plus subscription, or through promotional grants such as the free starter credits.

All purchases are made through the Apple App Store and are also governed by Apple's terms. A subscription renews automatically for the same period until you cancel it at least 24 hours before the end of the current period through your App Store account settings; subscription credits are delivered per billing period. Managing, cancelling and requesting a refund for an App Store purchase is done through your Apple account, and refund decisions are Apple's, not ours.

Credits have no monetary value, are not property, are non-transferable, cannot be exchanged for cash, and can only be used inside the Service. Except where applicable law requires otherwise, consumed credits are non-refundable. A credit is consumed when a generation is delivered, whether or not you are satisfied with the result — dissatisfaction with an AI output is not a technical failure.

If a generation fails for a technical reason on our side, the credits held for it are returned to your balance automatically. That automatic return is your sole and exclusive remedy for a failed generation.

We may change, suspend or discontinue the credit system and may expire promotional credits, with reasonable notice where the law requires it.

5. The licence we give you

Subject to these Terms we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the Service on devices you own or control. No other right is granted, expressly or by implication.

6. Your content and the licence you give us

You keep ownership of the photos you add. As between you and us, and to the extent the law recognises ownership of AI-generated output, the Creations made from your inputs are yours. We claim no ownership of either.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit and process your photos and Creations solely in order to operate the Service for you — including transmitting them to our storage and AI-processing providers so that the result you asked for can be produced and delivered. This licence exists only to run the Service for you: it does not permit us to publish your content, license it to third parties, advertise with it, or use it to train AI models. It ends when the content is erased, except for copies that must be retained for the limited purposes described in the Privacy Policy.

You represent and warrant that, for every photo you add: you own it or hold every right and licence needed to use it in the Service; every identifiable person in it is an adult who has given you informed, documented and currently valid consent to have their likeness used to generate synthetic images and videos and to any use you then make of the result; and the photo and its use infringe no copyright, trademark, privacy, publicity, personality, moral, contractual or other right of any person. These representations are made by you each time you start a generation.

7. Prohibited content and conduct

You must not add to the Service, or use it to create:

• a photo or likeness of any person who has not consented as described in Section 6;
• any photo depicting a minor (anyone under 18), or any content that sexualises a minor in any way;
• nude, sexually explicit, or sexually suggestive content, or intimate imagery of any person;
• content that impersonates a real person, or that depicts an identifiable person saying or doing something they did not say or do;
• content that infringes copyright, trademark, design, publicity, privacy or personality rights;
• content that is defamatory, harassing, threatening, hateful, discriminatory, violent, or that promotes self-harm or illegal activity;
• content intended to deceive, defraud, manipulate an election, or spread disinformation;
• content that is otherwise unlawful where you are or where the result will be seen.

You must also not:

• present a Creation as an authentic photograph, recording, or document of a real event;
• reverse-engineer, decompile, disassemble, scrape, crawl, or access the Service by automated means;
• circumvent or interfere with the credit, payment, screening, rate-limiting or security mechanisms;
• resell, sublicense, rent, or commercially redistribute access to the Service, or use it to build a competing product or to train a machine-learning model;
• use the Service in violation of any law applicable to you.

We may remove content, refuse a generation, and suspend or permanently terminate any account that breaches this Section, at any time and without notice where the breach is serious or repeated.

8. You are solely responsible for your Creations

You are the author, the operator and the controller of every Creation you generate. You alone decide which photo to add, which style to apply, and what to do with the result. You are therefore solely and fully responsible for:

• the lawfulness of every photo you add and of every Creation you generate;
• obtaining and being able to prove the consent of every person depicted, including any consent required by biometric-, likeness-, digital-replica- or synthetic-media laws;
• every publication, posting, sharing, sale, licensing, broadcast or other distribution of a Creation, on any platform, by you or by anyone you give it to;
• any claim, complaint, investigation, penalty, takedown, platform ban, regulatory action, civil suit or criminal proceeding arising out of your inputs, your Creations or their use — including claims of defamation, false light, invasion of privacy, violation of publicity or personality rights, copyright or trademark infringement, impersonation, fraud, harassment, or the creation or distribution of non-consensual or synthetic intimate imagery;
• complying with every disclosure or labelling obligation that applies to you when you publish synthetic media, including the transparency rules of the EU AI Act and of any platform you post to.

To the maximum extent permitted by applicable law, MOKAYSA LLC, its members, officers, employees, contractors, suppliers and service providers are not responsible or liable, on any legal basis, for user inputs, for Creations generated at a user's direction, or for any loss, damage, claim, cost or dispute arising from them.

Nothing in this Section makes us the author, publisher, distributor or endorser of any Creation, and nothing in it is an assumption of any duty to monitor user content.

9. Automated screening does not shift responsibility

Photos are screened automatically before generation and uploads that appear to depict a minor are rejected; repeated attempts lead to permanent blocking. This screening is a purely automated, best-effort abuse-prevention measure. It is not a review, an approval, or a warranty that any input or output is lawful, and it may produce both false positives and false negatives.

Performing this screening — like removing content or blocking an account under Section 7 — is a voluntary protective measure and does not make us a publisher of user content, does not create any duty of care to review content, and does not transfer any part of your responsibility under Section 8 to us.

10. Assumption of risk

Generative AI is probabilistic. Identical inputs can produce different outputs, results can be inaccurate, distorted, unflattering, unexpected, or offensive, and no filter catches everything. You knowingly and voluntarily assume all risk arising from your use of the Service and from the nature of AI-generated output, and you accept that we cannot guarantee that a Creation will resemble anyone, be usable for any particular purpose, or be free of content you did not want.

11. Indemnification

You agree to indemnify, defend and hold harmless MOKAYSA LLC and its members, officers, employees, contractors, suppliers, service providers and licensors (the "Indemnified Parties") from and against any and all claims, demands, actions, investigations, proceedings, damages, judgments, settlements, fines, penalties, losses, costs and expenses — including reasonable attorneys' fees and the costs of responding to a subpoena or regulatory request — arising out of or relating to:

• any photo you add or any Creation you generate, and any use made of either;
• your breach of these Terms or of any representation or warranty in them;
• your violation of any law or of the rights of any person.

We will notify you of any claim for which we seek indemnity and may, at our option and at your expense, assume the exclusive defence and control of it; you may not settle any claim in a way that imposes any obligation or admission on an Indemnified Party without our prior written consent. This obligation survives termination of these Terms.

12. Release

To the maximum extent permitted by law, you release the Indemnified Parties from all claims, demands, damages and liabilities of every kind, known and unknown, arising out of or connected with any dispute between you and a third party — including any person depicted in a photo or Creation, any recipient of a Creation, and any platform on which a Creation is published.

If you are a California resident, you expressly waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

13. Copyright complaints (DMCA)

We respect intellectual-property rights and respond to valid notices. If you believe content processed through the Service infringes your copyright, send a written notice to [email protected] containing: your physical or electronic signature; identification of the work claimed to be infringed; identification of the material and information reasonably sufficient to locate it; your contact details; a statement that you have a good-faith belief the use is not authorised by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorised to act on the owner's behalf.

We remove or disable material in response to valid notices and terminate repeat infringers in appropriate circumstances. If your material was removed by mistake you may send a counter-notice to the same address with the elements required by 17 U.S.C. § 512(g). Knowingly misrepresenting that material is infringing may make you liable for damages under 17 U.S.C. § 512(f).

14. Our intellectual property

The Service — its software, source code, design, user interface, catalog imagery, prompts, models, trade dress, the Vionex name and logo, and all related intellectual property — belongs to us or our licensors and is protected by law. Nothing in these Terms transfers any of it to you. Any feedback you send us may be used freely, without restriction or compensation.

15. Third-party services

The Service depends on third parties, including cloud infrastructure, content delivery, AI model providers, subscription tooling and the Apple App Store. Their availability, behaviour, terms and output are outside our control, and we are not responsible for interruptions, changes, errors or failures caused by them.

16. Suspension, termination and survival

You may stop using the Service at any time and may delete your account from within the app (see the Privacy Policy). We may suspend or terminate your access, with or without notice, if you breach these Terms, if we reasonably suspect unlawful use, or where the law requires it. On termination, unused credits are forfeited except where the law requires otherwise, and your licence under Section 5 ends immediately.

Sections 6 (the licence you give us, to the extent needed for retained copies), 8, 9, 10, 11, 12, 14, 17, 18, 19, 20 and 23 survive termination.

17. Disclaimers

THE SERVICE AND EVERY CREATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by law we disclaim all warranties, express, implied and statutory, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure, timely or error-free, that any Creation will be accurate, lawful in your jurisdiction, suitable for any purpose, or free of third-party rights, or that defects will be corrected. No advice or information obtained from us creates any warranty not expressly stated here.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, CONTENT, GOODWILL, OPPORTUNITY OR REPUTATION, ARISING OUT OF OR RELATING TO THE SERVICE, ANY CREATION, OR THESE TERMS, ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 50.

These limits apply even if a limited remedy fails of its essential purpose, and they allocate the risk between us in exchange for the price of the Service; without them the Service could not be offered at this price.

Mandatory exceptions. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for intent or gross negligence, and any mandatory statutory consumer right you have where you live. Some jurisdictions do not allow the exclusion of implied warranties or of incidental or consequential damages, so parts of Sections 17 and 18 may not apply to you.

19. Dispute resolution, arbitration and class-action waiver

First, contact us. Most disputes can be resolved informally. Before starting any proceeding, send a written description of the dispute and the relief you seek to [email protected]. Both sides agree to try in good faith to resolve it for 60 days after that notice.

Arbitration (users in the United States). If the dispute is not resolved, you and MOKAYSA LLC agree that it will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, in the English language, seated in New Castle County, Delaware, with participation permitted by telephone or video. The arbitrator decides all issues except the enforceability of the class-action waiver below, which only a court may decide. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs this Section.

Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect intellectual-property rights or to stop unauthorised access to the Service.

Class-action waiver. ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. YOU AND MOKAYSA LLC WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim — and only that claim — proceeds in court, and the rest of this Section still applies.

How to opt out. You may reject this arbitration agreement by emailing [email protected] with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms. Opting out does not affect any other part of these Terms.

Consumers outside the United States. If you are a consumer resident in the European Union, the United Kingdom, Switzerland, Türkiye, or another jurisdiction whose mandatory law gives you the right to bring proceedings before your local courts, this arbitration agreement and the class-action waiver do not apply to you to the extent that law says so, and you keep the protections and the forum that law gives you. EU consumers may also use the European Commission's online dispute-resolution platform.

20. Governing law and venue

These Terms and any dispute arising out of them or the Service are governed by the laws of the State of Delaware, United States, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods. To the extent a dispute is not subject to arbitration under Section 19, it will be brought exclusively before the state and federal courts located in New Castle County, Delaware, and both parties consent to that jurisdiction — except where mandatory consumer-protection law in your country of residence gives you the right to bring proceedings there and to rely on the protections of that law.

21. Apple

These Terms are between you and MOKAYSA LLC only, not with Apple, and MOKAYSA LLC alone is responsible for the app and its content. Apple has no obligation to furnish maintenance or support for the app and, to the maximum extent permitted by law, has no warranty obligation of any kind with respect to it. Apple is not responsible for addressing any claim relating to the app, including product-liability claims, claims that the app fails to conform to a legal requirement, and claims under consumer-protection or similar legislation, nor for the investigation, defence, settlement or discharge of any third-party intellectual-property claim relating to it. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

22. Changes to these Terms

We may update these Terms. Material changes will be communicated in the Service before they take effect, and continued use after the effective date means you accept them; if you do not, stop using the Service and delete your account. The current version is always available at https://vionex.app/terms.

23. General

Severability. If any provision is held invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the rest of these Terms remains in full force.

No waiver. Our failure to enforce any provision is not a waiver of it, and no waiver is effective unless in writing.

Assignment. You may not assign or transfer these Terms or any rights under them. We may assign them freely, including in connection with a merger, acquisition or sale of assets.

Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control, including outages of third-party infrastructure or AI providers, acts of government, network failures and natural events.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service and replace all prior understandings about it.

No third-party beneficiaries, except the Indemnified Parties and Apple as stated in Sections 11, 12 and 21.

Notices. We may give you notice inside the Service; you give us notice at [email protected].

Language. These Terms are drafted in English. Any translation is provided for convenience only, and the English version governs.

24. Contact

MOKAYSA LLC
131 Continental Dr, Suite 305
Newark, Delaware 19713
United States
Email: [email protected]

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