Terms of Service

Welcome to Sonkofa Studio LLC (“Sonkofa Studio,” “we,” “us,” “our”) and its SonkofaMuse AI platform. These Terms of Service (“Terms”) govern your access to and use of our website at sonkofastudio.com, the SonkofaMuse AI creative platform, and all related services, tools, and features (collectively, the “Platform”).

By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you may not use the Platform. We reserve the right to update these Terms at any time. Continued use after changes constitutes acceptance.

1. Service Description

Sonkofa Studio provides AI-powered creative services including, but not limited to: AI image generation, AI video generation, AI music production, face swapping, image upscaling, video editing, lyrics generation, storyboard creation, and character reference sheet management through the SonkofaMuse AI creative assistant.

The Platform utilizes artificial intelligence and machine learning technologies to generate creative outputs based on user inputs. These outputs are produced by automated systems and may vary in quality, accuracy, and relevance.

2. Disclaimer of Warranties

THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant or guarantee that:

• AI-generated outputs will be accurate, complete, reliable, or error-free
• The Platform will be uninterrupted, timely, secure, or free of defects
• Results obtained from the Platform will meet your expectations or requirements
• AI-generated content will be free from biases, inaccuracies, or inappropriate material
• Any errors in the Platform will be corrected

You acknowledge that artificial intelligence technology is inherently imperfect and may produce unexpected, inaccurate, or undesirable results. You accept full responsibility for evaluating and using any AI-generated outputs.

3. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SONKOFA STUDIO, ITS OWNER, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, or business opportunities
• Loss of data or content
• Business interruption
• Cost of substitute services
• Any damages arising from AI-generated outputs
• Damages resulting from unauthorized access to your account or data

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100.00), OR (B) THE TOTAL AMOUNT YOU PAID TO US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

This limitation applies regardless of the legal theory on which the claim is based, whether in contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages.

4. User Responsibility

By using the Platform, you acknowledge and agree that:

• Verification: You are solely responsible for reviewing, verifying, and validating all AI-generated content before relying on it, publishing it, or using it for any purpose
• Decision-Making: We are not responsible for any decisions you make based on AI-generated outputs, including but not limited to creative, business, financial, or personal decisions
• Content Usage: You assume all risk associated with your use of AI-generated images, videos, music, lyrics, and other creative outputs
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account
• Legal Compliance: You are responsible for ensuring your use of the Platform and its outputs complies with all applicable laws and regulations in your jurisdiction
• Third-Party Rights: You are responsible for ensuring AI-generated content does not infringe upon the intellectual property, privacy, or other rights of third parties

5. Acceptable Use Policy

You agree NOT to use the Platform to:

• Generate, distribute, or promote illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
• Create content that exploits, harms, or endangers minors in any way
• Generate deepfakes or manipulated media intended to deceive, defraud, or harm individuals
• Impersonate any person or entity, or misrepresent your affiliation
• Engage in any activity that violates applicable laws, regulations, or third-party rights
• Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, algorithms, or models underlying the Platform
• Interfere with, disrupt, or place an unreasonable burden on the Platform or its infrastructure
• Use automated systems (bots, scrapers, crawlers) to access the Platform without express written permission
• Circumvent, disable, or interfere with security features or usage limitations
• Resell, sublicense, or commercially redistribute Platform access or AI-generated outputs without authorization

Enforcement: We reserve the right, at our sole discretion, to investigate and take appropriate action against anyone who violates this policy, including but not limited to suspending or terminating accounts, removing content, and reporting violations to law enforcement.

6. Intellectual Property

a. Platform Ownership

Sonkofa Studio retains all rights, title, and interest in and to the Platform, including but not limited to: the SonkofaMuse AI assistant, all software, algorithms, models, user interface designs, trade names, trademarks (“Sonkofa Studio,” “SonkofaMuse”), logos, and all related intellectual property. Nothing in these Terms transfers any ownership rights to you.

b. User Input

You retain ownership of any content you upload, submit, or input into the Platform (including images, text, audio, and video files). By uploading content, you grant us a limited, non-exclusive license to process your content solely for the purpose of providing the Platform’s services to you.

c. AI-Generated Outputs

Subject to your compliance with these Terms and full payment for services used, you are granted a non-exclusive, worldwide license to use AI-generated outputs for your personal and commercial purposes. However:

• Sonkofa Studio retains all rights to the underlying AI technology, models, and systems that produced the outputs
• We make no representations regarding the copyright status or registrability of AI-generated content under applicable intellectual property laws
• Similar or identical outputs may be generated for other users based on similar inputs
• We reserve the right to use anonymized or aggregated usage data to improve the Platform

7. AI-Specific Disclaimers

IMPORTANT: Please read this section carefully.

The Platform utilizes artificial intelligence which may produce outputs that are:

• Inaccurate: AI may generate factually incorrect information, misrepresent real-world details, or produce visual/audio content that does not match your intent
• Biased: AI models may reflect biases present in their training data, which may result in outputs that are stereotypical, unbalanced, or culturally insensitive
• Incomplete: Generated content may omit important details, context, or nuances
• Inconsistent: The same or similar prompts may produce different results at different times
• Not professional advice: AI-generated content does not constitute legal, financial, medical, therapeutic, or any other form of professional advice

You understand that AI-generated images, videos, and music are synthetic creations produced by machine learning algorithms. The resemblance of any AI-generated content to real persons, places, copyrighted works, or trademarked materials is unintentional unless explicitly directed by the user, and Sonkofa Studio bears no responsibility for such resemblances.

Character Reference Sheets & Face Swap: When using character sheets or face swap features, you represent that you have the right to use any uploaded photographs or likenesses, and you accept full responsibility for how the resulting outputs are used.

8. Payment & Credit Terms

Credit System

The Platform operates on a credit-based system. New users receive a one-time allotment of free credits upon account creation. Additional credits may be purchased through one-time credit pack purchases via our secure payment processor (Stripe).

Pricing

Credit pack prices and credit costs per action are listed on our Pricing page. We reserve the right to modify pricing at any time. Changes will not affect credits already purchased.

Refund Policy

• Unused credits: Credit purchases are generally non-refundable
• Failed generations: If a credit-consuming action fails due to a Platform error (not a user input issue), the credits will be automatically refunded to your balance
• Disputes: If you believe you were incorrectly charged, contact us at [email protected] within 14 days of the transaction

Payment Processing

All payments are processed securely through Stripe. By making a purchase, you also agree to Stripe’s Terms of Service. We do not store your payment card information on our servers.

9. Data & Privacy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information. By using the Platform, you consent to the collection and processing of your data as described in our Privacy Policy.

Key points:

• We collect account information, usage data, and content you upload
• Your uploaded content is processed to provide AI services and is not sold to third parties
• AI-generated outputs and conversation history may be stored to provide session continuity
• We may use anonymized, aggregated data to improve our services

10. Termination

We may, at our sole discretion and without prior notice:

• Suspend or restrict your access to the Platform
• Terminate your account
• Remove or disable content

Such action may be taken for reasons including but not limited to:

• Violation of these Terms or the Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Conduct that poses a risk to the Platform, other users, or third parties
• Extended periods of account inactivity

Upon termination, your right to use the Platform ceases immediately. Any unused credits at the time of termination due to a Terms violation are forfeited and non-refundable. Sections of these Terms that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) shall survive.

11. Indemnification

You agree to indemnify, defend, and hold harmless Sonkofa Studio, its owner, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Your use of the Platform or AI-generated outputs
• Content you upload, create, or distribute through the Platform
• Your violation of these Terms
• Your violation of any applicable law, regulation, or third-party right
• Any claim that your use of the Platform or its outputs caused damage to a third party

12. Governing Law

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

13. Dispute Resolution

Informal Resolution

Before filing any formal dispute, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration

If the dispute cannot be resolved informally, you and Sonkofa Studio agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in the State of Florida.

Class Action Waiver

YOU AND SONKOFA STUDIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Sonkofa Studio regarding the Platform
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect
• Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent
• Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control