Terms & Conditions

1. Definitions

• "Service" means the Xarith web platform, including all AI-powered advertising tools, image and video generation features, and associated functionality accessible at xarith.com.
• "Credits" means the digital tokens purchased by you and used to access generation features within the Service.
• "Content" means any text, images, videos, or other material you upload to or generate through the Service.
• "Generated Output" means any image, video, or other material produced by the Service in response to your inputs.
• "Consumer" means any individual using the Service for personal purposes outside of a trade, business, craft, or profession.
• "Business User" means any individual or entity using the Service in the course of a trade, business, craft, or profession.

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you confirm that you meet this requirement.

If you are registering on behalf of a business, you confirm that you have authority to bind that business to these Terms.

3. Account Registration

3.1 You must provide accurate, complete, and up-to-date information when registering an account.

3.2 You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately at sales@xarith.com if you suspect unauthorised access to your account.

3.3 We reserve the right to suspend or terminate accounts where false or misleading information has been provided.

4. Credits & Billing

4.1 Purchase of Credits

Credits can be purchased through the Service. All prices are displayed in GBP and include VAT where applicable.

4.2 Non-Refundable

All Credit purchases are final and non-refundable, except as required by applicable law. Credits have no monetary value and cannot be exchanged for cash.

4.3 Waiver of Cancellation Right (Consumers)

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Consumers ordinarily have a 14-day right to cancel purchases of digital content. By purchasing Credits and requesting immediate access to the Service, you expressly consent to the supply of digital content beginning immediately upon purchase, and you acknowledge that you thereby lose your right to cancel that purchase once Credits have been allocated to your account.

This waiver does not affect any rights you may have under the Consumer Rights Act 2015 in relation to faulty or misdescribed digital content.

4.4 Credit Expiry

Credits do not expire while your account remains active. If your account is terminated for breach of these Terms, any remaining Credits will be forfeited with no obligation to refund.

4.5 Pricing Changes

We reserve the right to change Credit pricing at any time. Changes will not affect Credits already purchased.

5. Acceptable Use

5.1 You agree not to use the Service to:

• Generate content that is unlawful, defamatory, fraudulent, or deceptive;
• Create misleading advertisements, including false claims about products or services;
• Produce content that infringes any third party's intellectual property rights;
• Upload images or data containing personal data of third parties without their lawful consent;
• Attempt to circumvent, disable, or exploit any content moderation, security measure, or technical restriction of the Service;
• Reverse-engineer, decompile, or extract the underlying models, prompts, or systems used by the Service;
• Scrape, crawl, or systematically extract data from the Service by automated means;
• Use the Service in a manner that places excessive or unreasonable load on our infrastructure.

5.2 You are solely responsible for ensuring that your use of any Generated Output complies with applicable advertising laws and standards, including the UK Advertising Standards Authority (ASA) CAP and BCAP codes, Meta Advertising Policies, Google Ads policies, and any other platform-specific rules relevant to where you publish your ads.

6. Content Moderation

6.1 The Service incorporates automated content moderation within its prompt-building and generation pipeline, designed to filter content that violates these Terms or the acceptable use policies of the underlying AI model providers.

6.2 Moderation is applied automatically and is not exhaustive. We do not guarantee that all potentially harmful content will be detected or prevented.

6.3 We reserve the right to review, refuse to process, or remove any Content that we reasonably believe violates these Terms, at any time and without notice.

7. Intellectual Property

7.1 The Service

All rights in the Xarith platform, including its design, software, workflows, prompts, and technology, are owned by or licensed to us. Nothing in these Terms grants you any rights in the platform itself.

7.2 Your Uploads

You retain all intellectual property rights in Content you upload to the Service. By uploading Content, you grant us a limited, non-exclusive, royalty-free licence to process and use that Content solely for the purpose of providing the Service to you.

7.3 Generated Output

The copyright status of AI-generated content under UK law is currently unsettled. Where a Generated Output meets the threshold for copyright protection under the Copyright, Designs and Patents Act 1988 (as computer-generated works), we assign to you any rights we may hold in that output. You are responsible for assessing the intellectual property status of Generated Output before commercial use. We make no warranty that Generated Output is free from third-party intellectual property claims.

7.4 Xarith Brand & Trade Marks

The Xarith name, logo, and associated brand identifiers are trade marks of [OPERATOR NAME]. Your use of the Service does not grant you any right to use the Xarith name, logo, or any associated trade marks in your own marketing, client-facing materials, or communications without our prior written consent. Any goodwill arising from permitted use of our trade marks accrues solely to us.

8. AI Disclaimers

8.1 Generated Output is produced by AI systems and may be inaccurate, imperfect, or unsuitable for your intended purpose. We do not warrant the quality, accuracy, fitness for purpose, or commercial viability of any Generated Output.

8.2 You must review all Generated Output before use. We accept no liability for losses arising from your use of Generated Output without adequate review.

8.3 The Service does not provide legal, regulatory, financial, or professional advertising advice.

9. Limitation of Liability

9.1 Consumers

Nothing in these Terms limits or excludes our liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; or any liability that cannot be excluded under the Consumer Rights Act 2015 or other applicable law.

Subject to the above, our total liability to you as a Consumer in connection with the Service shall not exceed the total amount you have paid us in the 12 months preceding the event giving rise to the claim.

9.2 Business Users

To the fullest extent permitted by law (including the Unfair Contract Terms Act 1977), we exclude all liability for: loss of profits; loss of business; loss of revenue; loss of anticipated savings; loss of data; or any indirect or consequential loss, arising from your use of the Service, regardless of whether such loss was foreseeable.

Our total liability to you as a Business User in connection with the Service shall not exceed the total amount you have paid us in the 12 months preceding the event giving rise to the claim.

9.3 Service Availability

We do not guarantee that the Service will be available at all times. We may suspend or withdraw the Service at any time without liability to you.

10. Termination

10.1 You may close your account at any time by contacting us at sales@xarith.com. Closing your account will result in the forfeiture of any remaining Credits, with no right to a refund.

10.2 We may suspend or terminate your account immediately, without notice, if we reasonably believe you have materially breached these Terms.

10.3 On termination, your right to access the Service ceases immediately. We may retain your data as required by law or legitimate business purposes, in accordance with Section 11 below.

11. Data & Privacy

11.1 When you use the Service, we collect and process certain personal data, including your name, email address, payment information (processed by our payment provider, Stripe), and Content you upload.

11.2 We act as the data controller in respect of your personal data. We process your personal data on the following lawful bases: (a) performance of a contract, to provide the Service; (b) legitimate interests, to operate, improve, and secure the Service; and (c) legal obligation, where required by law.

11.3 We do not sell your personal data to third parties. We share personal data only with service providers necessary to operate the Service (including Stripe for payments and Supabase for hosting and data storage), and only to the extent necessary.

11.4 Uploaded Content containing images of identifiable individuals is processed solely for the purpose of generating your requested output and is not used to train AI models or shared with third parties outside of our service providers.

11.5 You have rights under UK GDPR, including the right to access, rectify, erase, or restrict processing of your personal data. To exercise these rights, contact us at sales@xarith.com. You also have the right to lodge a complaint with the Information Commissioner's Office (ICO) at ico.org.uk.

11.6 A full Privacy Policy will be published separately. In the event of any conflict between this Section and the full Privacy Policy, the Privacy Policy shall prevail.

12. Creative Services

12.1 In addition to the self-serve platform, we may offer bespoke creative production services — including high-end cinematic ad production — under the Xarith brand on a project-by-project basis ("Creative Services").

12.2 Creative Services engagements are governed by a separate written Creative Services Agreement agreed between us and the client for each project. That agreement will set out the specific scope of work, deliverables, milestones, payment terms, and intellectual property arrangements applicable to that project.

12.3 Where a Creative Services Agreement exists and conflicts with these Terms, the Creative Services Agreement takes precedence for that engagement. Where no Creative Services Agreement has been executed, these Terms apply in full.

12.4 Enquiries regarding Creative Services should be directed to sales@xarith.com.

13. Changes to These Terms

We may update these Terms from time to time. Where changes are material, we will notify you by email or by a prominent notice within the Service, giving at least 14 days' notice before the changes take effect. Your continued use of the Service after that date constitutes acceptance of the revised Terms. If you do not accept the revised Terms, you must stop using the Service and may close your account.

14. Governing Law & Disputes

These Terms are governed by the laws of England and Wales. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales.

If you are a Consumer, this does not affect any statutory rights you have under the law of the country in which you are resident, including any mandatory consumer protection rights.

15. Contact

For all queries, including account issues, data requests, and complaints: