Last updated: June 15th, 2026.

Please read these Terms of Service (these "Terms") carefully, as they constitute a legally binding agreement between Flame Industries, Inc., a Delaware corporation doing business as "Mintly" ("Mintly", "we," "us" or "our") and you, whether an individual, brand, business, agency, or other entity ("you" and "your"), and apply to your use of our Services (as defined). These Terms apply to your use of our AI-driven media generation services.

By accessing or using the Services in any way, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with Mintly if you are an individual, and in case you are utilizing the Services as a representative of or on behalf of an entity (e.g. your employer or any third party who is authorizing you to open an account on their behalf) your acceptance of these Terms also binds that entity and any reference to you is interchangeable with the entity you are representing for the purposes of the contracting entity's obligations, liability, and benefits, and (3) you have the authority to enter into these Terms. If you do not agree to be bound by these Terms, you may not access or use the Services or set up an Account.

THESE TERMS CONTAIN CLAUSES WHICH ADDRESS RISK (LIMITATION OF LIABILITY AND INDEMNITY) AS WELL AS DISPUTE RESOLUTION. IF YOU ACCEPT THESE TERMS, YOU AND Mintly AGREE TO RESOLVE DISPUTES IN BINDING, INDIVIDUAL ARBITRATION AND GIVE UP THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION.

SUBSCRIPTION AND CREDIT NOTICE. Paid subscriptions automatically renew unless cancelled before renewal. Subscription credits, promotional credits, and other usage credits are not cash, have no cash value, are not transferable, and may expire or become unavailable according to the applicable plan terms, checkout disclosures, your Account Dashboard, or these Terms. Cancelling a subscription stops future renewal charges but does not entitle you to a prorated refund unless required by law or expressly stated in these Terms.

1. Acceptance of these Terms

You hereby agree to accept these Terms by opening an Account under a username. BEFORE YOU DO EITHER OF THOSE, PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT WANT TO AGREE TO THESE TERMS, YOU MUST NOT USE THE Services OR SET UP AN Account.

You also agree to abide by other Mintly rules and policies, including our Privacy Policy (which explains what information we collect from you and how we protect it), available at https://usemintly.com/privacy-policy, that are expressly incorporated into and are a part of these Terms. Please read them carefully.

Once you accept these Terms, you are bound by them until they are terminated. See Section 12 (Term and Termination).

2. Engaging with Mintly

2.1 What We Provide

We offer a software-as-a-service platform ("Platform" or "Dashboard") which allows you to utilize Mintly's AI Models, Ad Templates, Image/Video Processing Engines, and other AI-driven tools (collectively, the "Services"). The Services enable you to upload your own assets ("Uploaded Content"), select or customize templates, initiate AI-driven generation jobs based on your prompts and selections, and download the resulting AI-generated media ("Generated Content").

Subject to your compliance with these Terms, Mintly grants you certain rights to use the Services (see Section 3 and Section 9 for more details on use and Intellectual Property Rights).

2.2 How To Use Our Services

Signing On and Using the Dashboard. Once you open an Account on the Platform's website ("Dashboard"), you can upload Your Content, provide prompts, select templates, configure AI generation parameters, initiate generation jobs, and manage your Generated Content.

Providing Input for Generation. You shall provide necessary inputs, such as Uploaded Content, text prompts, template selections, or other parameters via the Dashboard to define the Generated Content you are seeking. The time required to generate content ("Generation Time") may vary based on complexity and system load.

Nature of Generated Content. The Generated Content is produced by AI Models based on your inputs. While we strive for high-quality outputs, the nature of AI means results can vary.

2.2.1 Template Reference Feature

The Services may allow you to upload or link to third-party creatives, ads, layouts, product shots, or other materials for reference or inspiration ("Reference Templates"). This feature is intended to help generate new and distinct creative based on general concepts such as composition, format, scene type, framing, product placement, mood, pacing, or campaign structure.

You are solely responsible for ensuring that you have all rights or other lawful basis needed to upload and use any Reference Templates. You agree not to use the Services to intentionally copy protected expression, logos, slogans, proprietary characters, celebrity or influencer likenesses, distinctive trade dress, or other source-identifying elements, or to create outputs that are substantially similar to or confusingly similar to a specific third-party creative unless you have the necessary rights.

2.3 Modification of Generated Content

Except as prohibited by applicable law or this Agreement, you may further edit, remix, combine, publish, distribute, commercialize, or otherwise exploit your Generated Content at your sole discretion and risk. Mintly disclaims all liability for, and makes no representations or warranties regarding, any modifications, combinations, or downstream uses of Generated Content by you or any third party.

2.4 User Responsibility for Inputs and Outputs

You acknowledge and agree that you alone:

• determine the nature, purpose, and lawfulness of each prompt, instruction, or Uploaded Content you submit;
• are solely responsible for reviewing and vetting all Generated Content before you use, publish, or rely upon it; and
• will ensure that your Uploaded Content, prompts, and any resulting Generated Content comply with all applicable laws, regulations, industry codes, and platform policies.

Mintly provides technology tools that allow users to upload inputs, provide prompts or instructions, and generate outputs. You are responsible for the inputs you provide, the instructions you submit, and your review, approval, publication, and use of any Generated Content. Mintly does not undertake to verify the legality, accuracy, originality, or suitability of Generated Content for your intended use, and any content moderation, safety, similarity, or abuse-prevention measures we use do not shift responsibility for your use of Generated Content from you to Mintly.

2.5 Similarity Controls and Reference-Only Use

To reduce infringement risk, Mintly may implement similarity checks, perceptual hashing, or human review to throttle, modify, or block generation jobs or outputs that appear overly similar to known third-party works. Mintly may watermark, blur, or refuse delivery of such outputs at its discretion. These controls do not shift responsibility from you; you remain obligated to use outputs only in a lawful, non-infringing manner.

3. IP Rights in Uploaded and Generated Content

Your Uploaded Content: You retain all ownership rights to your Uploaded Content. By uploading content to the Service, you grant Mintly a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify (e.g., reformat, resize), and process your Uploaded Content solely for the purpose of providing the Services to you, including generating your Generated Content. We will not use your Uploaded Content for any other purpose without your explicit consent.

Generated Content: Subject to your compliance with these Terms and full payment of any applicable fees, then as between you and Mintly, you own the Generated Content created for you through the Service. To the extent Mintly holds any transferable right, title, or interest in such Generated Content, Mintly assigns it to you. You acknowledge that AI-generated outputs may not be unique, may be similar or identical to outputs generated for other users, may not qualify for copyright, trademark, or other intellectual-property protection, and may contain or resemble third-party content. Mintly does not represent or warrant that any Generated Content is exclusive to you, protectable, registrable, non-infringing, or accepted by any advertising platform. You are solely responsible for clearing, reviewing, and approving Generated Content before publication or commercial use. In these Terms, "Intellectual Property Rights" means registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any copyright, trademark, or other intellectual property rights laws, in any part of the world.

In furtherance of the foregoing, to the extent any Generated Content or Intellectual Property Right therein is owned by Mintly and is assignable, Mintly hereby assigns, transfers, and otherwise conveys to you, irrevocably and in perpetuity, all of its right, title, and interest (if any) in and to such Generated Content. If Mintly or the AI Models have any rights in the Generated Content that cannot be assigned, Mintly grants you a worldwide, fully paid, royalty-free, irrevocable, perpetual license, with the right to sublicense, to use, reproduce, distribute, create derivative works of, publicly perform and publicly display the Generated Content in any medium now known or later developed.

Notwithstanding the foregoing, Mintly may collect and use aggregated or de-identified usage data and service-performance metrics for internal analytics, product improvement, security, abuse prevention, and service operations. Mintly will not use, publish, display, distribute, or feature your Uploaded Content or Generated Content for marketing or promotional purposes without your prior express consent.

4. Use of AI Models and Technology

Mintly utilizes various AI Models, Ad Templates, Image/Video Processing Engines, and potentially third-party AI services ("Underlying Technologies") to generate content for you. Your use of the Service is subject to the capabilities and limitations of these Underlying Technologies. We do not guarantee that Generated Content will be free from artifacts, errors, or potential similarities to existing content due to the nature of AI.

5. Content Use & Responsibility

5.1 Prohibited Content

You will not use the Services to create, upload, generate, publish, or disseminate content that is unlawful, deceptive, misleading, defamatory, harassing, hateful, infringing, or otherwise violates applicable law, third-party rights, advertising standards, platform policies, or these Terms.

You are solely responsible for ensuring that any Generated Content you use in advertising or marketing is truthful, properly substantiated, and legally compliant. This includes, where applicable, testimonials, endorsements, reviews, "as seen on" references, before-and-after content, performance claims, earnings claims, health or wellness claims, medical claims, financial claims, legal claims, weight-loss claims, supplement claims, and claims involving regulated products or services.

You may use the Services to create content involving yourself, your own products, your own brand, your own employees, your own customers, or other people only if you have all necessary rights, consents, permissions, substantiation, and disclosures. You may not use the Services to create deepfakes, synthetic endorsements, impersonations, or voice or likeness cloning in a manner that is deceptive, unauthorized, or unlawful. Mintly may remove or refuse to generate content at its sole discretion.

5.2 No Liability for User Content

You understand that all Uploaded Content and Generated Content originate from users' prompts and inputs. Mintly does not endorse, verify, or assume any responsibility or liability for any Uploaded Content or Generated Content. You agree to indemnify Mintly from all such claims under Section 15.

5.3 Monitoring

Mintly has no obligation to monitor any content; however, we may do so to enforce this Agreement or comply with law.

5.4 Trade Dress, Brand Imitation, and Publicity Rights

You will not use the Services to reproduce distinctive brand identifiers (including logos, protected word marks, trade dress, proprietary typefaces, signature UI, or celebrity likenesses for commercial ads without permission). You will not publish or run ads that are confusingly similar to a specific third-party advertisement or campaign. If your output incorporates any third-party IP or person's likeness, you are solely responsible for obtaining all permissions.

6. Service Updates

You understand that the Services are evolving and features and benefits you receive through the Dashboard as well. You acknowledge and agree that Mintly may update the Services with or without notifying you, including adding or removing features, products, AI Models, or functionalities, with or without changing our Terms (see Section 14 for changes to Terms). From time-to-time we may include certain additional "beta" functionality – you may be provided an opt-in notice or such functionality may be simply flagged. Your use of our Services and any portion of the Services is subject to our disclaimers set out in these Terms.

Mintly is not a storage, backup, archival, or digital-asset-management service. You are responsible for downloading and maintaining copies of any Generated Content you wish to keep. We may delete, limit, modify, or fail to store Uploaded Content, prompts, Generated Content, histories, settings, or account data in accordance with our systems, policies, storage limits, or applicable law, and may set storage, file-size, and processing limits at our discretion.

6.1 Usage Monitoring and Management

We may monitor generation jobs and your use of the Services to ensure compliance with these Terms, to protect system stability, and to ensure service quality and fair use for all customers. Mintly reserves the right to limit, throttle, or suspend access or specific jobs if usage is deemed excessive, disruptive, or in violation of these Terms, at our sole discretion. We may also refuse, block, remove, watermark, disable, review, or restrict any Uploaded Content, prompt, Reference Template, Generated Content, or generation job if we believe it may violate these Terms, applicable law, third-party rights, platform policies, or safety policies, or may create liability for Mintly. We may preserve and disclose relevant information when reasonably necessary to comply with law, enforce these Terms, respond to rights claims, protect users or the public, investigate abuse, or cooperate with legal authorities.

7. Use Restrictions

In your use of our Services, you agree to not, directly, or indirectly (and will not permit any third party) to:

1. Do anything with the Dashboard other than use them for your own use in accordance with these Terms, including not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Dashboard or Services;
2. Use Mintly's name, trademarks, service marks, trade names, designs, logos, or any other materials we make available via the Services, except as allowed by these Terms or as part of Generated Content you are licensed to use;
3. Remove, alter, or destroy any copyright notices or other proprietary markings (trademarks, service marks or other proprietary notices) comprising or provided in the Dashboard or any Generated Content (unless such Generated Content is fully owned by you and such alteration is permissible);
4. Copy, modify, translate, adapt, merge, archive, download (other than permitted Generated Content), upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Dashboard or underlying Service technology, in part or in whole other than as expressly permitted by these Terms or enabled by the Services' intended functionality;
5. Reverse engineer, duplicate, decompile, disassemble, or decode the Dashboard or any underlying AI Models or software, or otherwise extract the source code of the software or attempt to discover the training data or architecture of AI Models;
6. Use any robot, spider, crawler, scraper, avatar, miner or other manual or automated means to access the Dashboard, "scrape" or download data (other than your Generated Content) from any part of our Dashboard;
7. Upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Dashboard or Services;
8. Violate any applicable law or regulation in connection with your access to or use of the Services;
9. Disrupt or hinder (or try to do so) any of the Dashboard's web pages, our connected servers or networks, or technical systems, or not follow protocols or guidelines linked to the Service;
10. Try to detect, scan, or test any vulnerabilities of the Dashboard or any of our system or network, or breach or override any security or authentication protections for the Dashboard;
11. Pretend to be someone else or falsely represent your association with any other entity;
12. Access the Dashboard in ways that are not authorized by these Terms; or
13. Leverage the Services to develop competing products or allow the same for a third-party, or use any outputs from the Service to train or fine-tune other AI models.

In all cases, Mintly determines in our sole discretion whether any of your actions violate the above rules. We reserve the right to remove any offending content, terminate or limit the visibility of your Account.

8. Creating an Account

8.1 Registration

To use the Services, you must register for an Account ("Account") and provide information as prompted by the account registration flow (e.g., email and password, or OAuth). You represent and warrant that: (a) all registration information you submit is truthful and accurate; and (b) you will maintain and promptly update such information to keep it true, accurate, current, and complete.

8.2 Eligibility

The Services are only available to those individuals and entities who can form legally binding contracts under applicable law. If you are an individual, by accessing or using the Services, you represent and warrant that you are at least 18 years of age or over the age of majority in the state or country where you are a resident or citizen. You are not eligible to use the Services if you are barred from using the Services pursuant to Section 20 (Export Control) in these Terms.

8.3 User Information & Credentials

When you create an Account with Mintly, you will be asked to choose a username and password or use an OAuth provider. You acknowledge and agree that you are exclusively responsible for the security and confidentiality of your login credentials and for all use of the Services and all related actions undertake in connection with your login credentials, with or without your knowledge. You agree that you will monitor your Account. You are responsible for any actions taken using your log-in credentials. You agree to notify Mintly immediately of any actual or suspected unauthorized use of your Account, your password or any other breach of security as related to the Services, including on any hardware device which you may use to access our Services.

8.4 Suspension or Termination

We may suspend or terminate your Account at any time at our discretion, including for your breach of these Terms.

8.5 No Account Ownership; One Account

You have no ownership or property interest in your Account, username, Credits, usage history, or any account feature. Accounts are personal to the registered user or entity and may not be sold, transferred, shared, rented, or used to circumvent plan limits, promotional limits, suspension, termination, or credit policies. Unless expressly approved by Mintly, you may not create or maintain more than one Account for the same person, business, payment method, or substantially similar use case.

9. Intellectual Property Rights, Ownership and Grants

9.1 Mintly's Rights

The Services utilize technology, capabilities and contain certain materials provided by us as well as our licensors, including but not limited to, all proprietary content, information, software, AI Models, Ad Templates, audio-visuals, text, graphics, illustrations, logos, or other original or licensed content (excluding your Uploaded Content and your rights in Generated Content). Mintly and its licensors reserve all ownership and Intellectual Property Rights to all parts of the Services and its underlying technology.

9.2 Rights Mintly Grants You

Subject to your compliance with these Terms, Mintly grants you a non-exclusive, non-transferable, non-sublicensable, revocable, right to use the Dashboard and other aspects of the Service for the purpose of creating and downloading Generated Content.

9.3 Rights You Grant Us

You grant Mintly a worldwide, royalty-free, sublicensable license to host, store, cache, use, display, reproduce, modify, adapt, edit, analyze, transmit, and otherwise process your Uploaded Content and your prompts solely for the purpose of providing you the Service and generating your Generated Content.

You agree that submission of any ideas, suggestions, documents, and/or proposals to Mintly ("Feedback") is at your own risk and that Mintly has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Mintly a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable and transferable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback for any purpose, including improving the Services.

9.4 Confidentiality

"Confidential Information" means non-public information disclosed by one party (the "Disclosing Party") to the other (the "Receiving Party") that is marked or reasonably understood to be confidential, including non-public business, technical, pricing, security, and product information. Confidential Information does not include information that is or becomes public through no fault of the Receiving Party, was lawfully known to the Receiving Party without obligation of confidence, is independently developed without use of the Confidential Information, or is rightfully obtained from a third party. The Receiving Party will use Confidential Information only to exercise its rights and perform its obligations under these Terms, will protect it with at least reasonable care, and will not disclose it except to its personnel, advisors, service providers, and contractors who need to know and are bound by confidentiality obligations, or as required by law (with reasonable advance notice where permitted). This Section does not limit either party's rights with respect to Aggregated Statistics or de-identified data as described in these Terms.

10. Aggregate Stats

Mintly shall monitor use of the Services, including the Dashboard, and collect and compile data and information related to all such use in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Dashboard ("Aggregated Statistics"). Such Aggregated Statistics are wholly owned by Mintly with all rights reserved for operating, securing, analyzing, developing, providing, and improving the Services.

11. Communications

By entering into these Terms or using the Dashboard, you agree to receive communications from us, and applicable third parties, including via email, and/or push notifications. Communications from us and our affiliated companies, and applicable third parties, may include, but are not limited to, the following: operational communications concerning your Account or the use of the Services; updates concerning new and existing features on the Services; news concerning Mintly; or news concerning an order or any transaction that is relevant in respect of your Account.

12. Term and Termination

12.1 Term

These Terms commence on the earlier of the date you first used the Services or the date when you accepted these Terms, and these Terms will remain in full force and effect while you use the Services, unless terminated earlier in accordance with this Section 12.

12.2 Termination by Mintly

If you have breached any provision of these Terms, if Mintly is required to do so by law (e.g., where the provision of the Services is, or becomes, unlawful), or if it is commercially impracticable for Mintly to provide the Services, Mintly has the right to, immediately and without notice, suspend or terminate any or all of the Services provided to you. You agree that all terminations will be made at Mintly's sole discretion and that Mintly will not have any liability whatsoever to you or any third party for any suspension or termination.

12.3 Termination by You

You may stop using the Services at any time. You may cancel your subscription as described in Section 13.5. You may request deletion of your Account by emailing us at [email protected] from the email address associated with your Account, subject to reasonable verification. If you terminate these Terms for convenience, you will not be entitled to any refunds for prepaid fees except as expressly stated in these Terms or required by law. If you terminate these Terms because of our uncured material breach, you may be entitled to a pro-rata refund of prepaid unused fees.

12.4 Effect of Termination

If the Services are terminated for any reason, your use rights in respect of the full features of the Services shall cease. Upon termination, Mintly may delete your Uploaded Content and Generated Content, subject to applicable law and our data retention policies, and refund you any applicable amounts pursuant to Section 12.3. Upon termination, cancellation, suspension, or expiration, unused Credits may expire, be forfeited, or become unavailable as described in Section 13.7. If Mintly terminates or suspends your Account for cause, including suspected abuse, non-payment, chargeback abuse, fraud, violation of these Terms, or legal risk, you may not create or use another Account without Mintly's written permission.

12.5 Survival

The following Sections shall survive any termination of your use right: This Section 12.5, Section 3 (to the extent of ongoing licenses or ownership rights), and Sections 9.1, 9.3 (Feedback license), 9.4, 10, 12.4, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, and 24 (and, for the avoidance of doubt, Sections 13.7 and 13.8).

13. Fees and Payment

13.1 Fees

Access to and use of the Services may require payment of subscription fees or other charges as detailed on our pricing page or in your Account Dashboard. You agree to pay all applicable fees for the Services you select. All fees are non-refundable except as expressly stated in these Terms or as required by law. We may change fees for future purchases or renewal periods, subject to any notice required by law or presented in your Account Dashboard or checkout flow.

13.2 Payment Processing

Payments are processed by third-party payment processors such as Stripe. We do not control card-issuer approvals, declines, chargebacks, fraud checks, processor outages, or payment-method failures. By submitting payment information, you authorize Mintly and its payment processors to charge applicable fees and to share information necessary to process payments, prevent fraud, and manage subscriptions.

13.3 Taxes

You shall be responsible for all sales, use and excise, and income taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by you hereunder.

13.4 Currency

All amounts in respect of our Services are in U.S. dollars.

13.5 Subscription Auto-Renewal and Cancellation

Your subscription will automatically renew at the end of each billing period for a subsequent equivalent period, at the then-current non-promotional subscription rate, unless you cancel beforehand. To stop future charges, you may cancel your subscription through your account at https://usemintly.com/settings/subscription. If you are unable to access your account, you may contact support from the email address associated with your account, and we may require reasonable verification before processing the request. Upon cancellation, your subscription remains active until the end of the then-current billing cycle and then will not renew.

13.6 Refunds

7-Day Money-Back Guarantee: We offer a 7-day money-back guarantee for new subscriptions only if (a) you have used fewer than 3 credits, and (b) it has been no more than 7 days since your initial subscription purchase. If you meet these criteria, contact support at [email protected] within 7 days of your initial subscription purchase for a full refund.

General Policy: Except as expressly stated above, in Section 12.3 (regarding termination by you for our uncured breach), or as required by applicable law, all fees, subscription charges, renewal charges, usage charges, credit purchases, and other amounts paid to Mintly are non-refundable. Refunds outside this express policy are provided solely at Mintly's discretion and create no obligation to provide the same or a similar refund in the future. User-initiated cancellations stop future renewal charges but do not entitle you to a refund, credit, or proration for any unused portion of the then-current subscription period, unused credits, or unused services, except where required by law or expressly approved by Mintly.

13.7 Credits and Usage Units

Mintly may provide subscription credits, usage credits, promotional credits, trial credits, bonus credits, or other usage units (collectively, "Credits") that may be used to access certain features of the Services. Credits are usage units for the Services only. They are not cash balances, have no cash value, are not transferable, and are not redeemable for cash or refunds except where required by law or expressly approved by Mintly.

Unless otherwise stated at checkout, in your Account Dashboard, or in an applicable plan disclosure, monthly subscription Credits expire two (2) months after issuance. Promotional, trial, bonus, or courtesy Credits may expire earlier or on the date specified when issued. Expired Credits are forfeited and will not be refunded, extended, transferred, or converted to cash. Unused Credits may expire, be forfeited, or become unavailable when your subscription is cancelled, expires, is downgraded, is suspended, or otherwise ends.

Mintly may determine, modify, or update the number of Credits required for particular features, models, generation types, quality levels, durations, or resolutions, and the amount of Services obtainable with Credits may change at Mintly's discretion, including because of changes in third-party AI-model costs, infrastructure costs, product features, or abuse-prevention controls. The Credit terms in this Section apply to Credits issued or purchased on or after the effective date of these Terms.

13.8 Credit Consumption and Failed Generations

Credits may be consumed when a generation job begins processing or uses third-party model or infrastructure resources. If a generation fails before producing a finished output because of Mintly's systems, model-provider failure, or infrastructure failure, Mintly will automatically restore the Credits consumed for that failed generation. If a generation finishes and produces an output, Credits are not refunded or restored merely because the output is delayed, unsatisfactory, not used by you, or does not meet your subjective expectations.

Mintly is not obligated to restore Credits for failures, refusals, or unsatisfactory outputs caused by user inputs, policy violations, third-party model limitations, safety systems, unsupported prompts, user error, network issues, or circumstances outside Mintly's reasonable control. Non-payment, failed payment, chargeback, payment reversal, disputed charge, or suspected payment fraud may result in immediate suspension, termination, loss of access, or forfeiture of Credits. You remain responsible for all amounts due, including amounts reversed through chargebacks where the underlying charge was valid.

14. Changes to Terms

These Terms are subject to occasional revision by Mintly. When changes are made, Mintly will make a new copy of these Terms available on its website and on the Service. We will also update the "Last updated" date at the top of these Terms. If we make any substantial changes, and you have registered an Account, we will also send an email to you at the last e-mail address you provided to us to notify you. Any changes to these Terms will be effective immediately for new registered users of the Services and will be effective 7 days after posting notice of such changes on the website for existing registered end-users, provided that any material changes will be effective for anyone who has an Account with us upon the earlier of 7 days after posting notice of such changes on our website or 7 days after dispatch of an e-mail notice of such changes to such users. Mintly may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. IF YOU DO NOT AGREE TO ANY CHANGES AFTER RECEIVING NOTICE OF SUCH CHANGE(S), YOU WILL STOP USING THE SERVICES. OTHERWISE, YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

15. Indemnity

15.1 Your Indemnification

You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Mintly and the Mintly Parties from and against any and all Actions and related Losses arising out of or relating to: (1) your access to or use of the Services; (2) your Uploaded Content, prompts, and instructions; (3) your breach of your representations and warranties, your infringement of another party's rights, or your negligence or more culpable conduct; (4) your breach of applicable laws; or (5) your use of the Template Reference Feature, including any Reference Templates you upload and any outputs alleged to be substantially similar to a third-party work. Mintly reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Mintly in asserting any available defenses.

15.2 No Mintly Indemnification

Mintly provides no indemnity, defense, or hold-harmless obligation of any kind, including for Generated Content, Uploaded Content, prompts, Reference Templates, user instructions, advertising claims, campaign use, platform rejection, or any third-party claim arising from your use of the Services or any output, except to the extent expressly agreed in a separate written agreement signed by Mintly. Your sole and exclusive remedies for any claim that the Services infringe a third party's Intellectual Property Rights are set out in Sections 15.4 and 15.5.

Mintly disclaims any liability for Generated Content that inadvertently infringes third-party rights due to the probabilistic nature of AI model outputs or similarities to training data. Your use of Generated Content is at your own risk regarding such inadvertent infringements.

15.3 Indemnification Procedure

Each Party shall promptly notify the other party in writing of any Action for which such party believes it is entitled to be indemnified pursuant to Section 15.1. The party seeking indemnification (the "Indemnitee") shall cooperate with the other party (the "Indemnitor") at the Indemnitor's sole cost and expense. The Indemnitor shall promptly assume control of the defense and shall employ counsel of its choice to handle and defend the same, at the Indemnitor's sole cost and expense. The Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing. The Indemnitor shall not settle any Action on any terms or in any manner that adversely affects the rights of any Indemnitee without the Indemnitee's prior written consent, which shall not be unreasonably withheld or delayed. If the Indemnitor fails or refuses to assume control of the defense of such Action, the Indemnitee shall have the right, but no obligation, to defend against such Action, including settling such Action after giving notice to the Indemnitor, in each case in such manner and on such terms as the Indemnitee may deem appropriate. The Indemnitee's failure to perform any obligations under this Section 15.3 will not relieve the Indemnitor of its obligations under this Section 15, except to the extent that the Indemnitor can demonstrate that it has been materially prejudiced as a result of such failure.

15.4 Mitigation

If any of the Services are, or in Mintly's opinion are likely to be, claimed to infringe, misappropriate, or otherwise violate any third-party Intellectual Property Right, or if your or any authorized user's use of the Dashboard is enjoined or threatened to be enjoined, Mintly may, at its option and sole cost and expense:

1. Obtain the right for you to continue to use the Services materially as contemplated by these Terms;
2. Modify or replace the Services, in whole or in part, to seek to make the Services (as so modified or replaced) non-infringing, while providing materially equivalent features and functionality, in which case such modifications or replacements will constitute Services, as applicable, under these Terms; or
3. By written notice to you, terminate these Terms with respect to all or part of the Services, and require you to immediately cease any use of the Services or any specified part or feature thereof, and provide a pro-rata refund of any prepaid unused fees.

15.5 Sole Remedy

THIS SECTION 15 SETS FORTH YOUR SOLE REMEDIES AND MINTLY'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES OR ANY SUBJECT MATTER OF THESE TERMS INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.

15.6 Definitions

As used in this Section 15: "Action" means any claim, demand, action, cause of action, lawsuit, arbitration, proceeding, investigation, or notice of violation of any nature, whether civil, criminal, administrative, regulatory, or otherwise. "Losses" means any losses, damages, liabilities, deficiencies, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of any kind, including reasonable attorneys' fees and the costs of enforcing any right to indemnification. "Mintly Parties" means Mintly and its affiliates, and their respective directors, officers, stockholders, employees, agents, licensors, and service providers.

16. Limitation of Liability

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Mintly BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE SERVICE, OR ANY DAMAGES RESULTING FROM YOUR USE OF OR RELIANCE ON GENERATED CONTENT, IN EACH CASE WHETHER OR NOT Mintly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT FOR A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER SECTION 15, PAYMENT OBLIGATIONS, OR YOUR BREACH OF CONFIDENTIALITY, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR MORE THAN THE GREATER OF (A) $100 USD OR (B) THE TOTAL FEES YOU PAID TO Mintly FOR THE SERVICES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

The foregoing cap applies in the aggregate to all claims, regardless of the theory of liability, and multiple claims will not expand the cap. The limitations of liability in this Section are a fundamental basis of the bargain between you and Mintly, and the Services would not be provided to you without them.

SOME COUNTRIES, STATES, PROVINCES, OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY AS STATED IN THIS SECTION, SO THE TERMS HEREIN MAY NOT FULLY APPLY TO YOU.

17. Disclaimer of Warranties and Conditions

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICES, INCLUDING THE DASHBOARD, AND ANY UPLOADED CONTENT OR GENERATED CONTENT, IS AT YOUR SOLE RISK, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. Mintly EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT IN RESPECT OF THE SERVICES AND GENERATED CONTENT.

Mintly MAKES NO WARRANTY, REPRESENTATION, OR CONDITION WITH RESPECT TO ANY GENERATED CONTENT, INCLUDING ITS ACCURACY, COMPLETENESS, UNIQUENESS, OR SUITABILITY FOR YOU. YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT MAY CONTAIN INACCURACIES, BIASES, OR "HALLUCINATIONS," AND MAY INFRINGE ON THIRD-PARTY RIGHTS OR RESEMBLE EXISTING WORKS. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VALIDATING ANY GENERATED CONTENT BEFORE USE.

MINTLY IS NOT A STORAGE, BACKUP, OR ARCHIVAL SERVICE AND DOES NOT WARRANT THAT UPLOADED CONTENT, PROMPTS, OR GENERATED CONTENT WILL BE RETAINED, STORED, OR RECOVERABLE. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN COPIES.

Mintly MAY CHANGE ITS AI MODEL PROVIDERS OR UNDERLYING TECHNOLOGIES AT ANY TIME. WE DO NOT WARRANT THE PERFORMANCE OF, OR IN ANY WAY CONTROL OUR THIRD-PARTY MODEL PROVIDERS, INCLUDING IN RESPECT OF THEIR ACTIONS OR DATA HANDLING PRACTICES (BEYOND OUR CONTRACTUAL AGREEMENTS WITH THEM).

INFORMATION PROVIDED IN THE DASHBOARD, DOCS, OR FAQS REGARDING "SAFE USE," "REFERENCE-ONLY," OR SIMILAR TOPICS IS FOR GENERAL INFORMATIONAL PURPOSES AND DOES NOT CONSTITUTE LEGAL ADVICE. YOU SHOULD OBTAIN YOUR OWN LEGAL COUNSEL BEFORE PUBLISHING CAMPAIGNS.

18. Governing Law and Dispute Resolution

18.1 Governing Law

These Terms and all related documents including all exhibits attached hereto, and all matters arising out of or relating to these Terms, are governed by, and construed in accordance with, the laws of the State of Florida, without giving effect to the conflict of laws provisions thereof.

18.2 Arbitration

You and Mintly agree that any dispute arising out of or relating to your access to or use of the Services will be resolved by binding individual arbitration rather than in court, except that (1) either party may bring qualifying claims in small claims court, and (2) either party may seek equitable relief in court for infringement or misuse of Intellectual Property Rights or breach of confidentiality.

18.3 Informal Dispute Resolution

Before initiating arbitration, the initiating party must first send a written notice describing the dispute, the account email, and the relief sought to the other party (to [email protected] for Mintly), and the parties must attempt in good faith to resolve the dispute informally for 30 days. This step is a condition precedent to arbitration.

18.4 30-Day Right to Opt Out

You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out. Opting out does not affect any other part of these Terms.

18.5 Batch Arbitration

If 25 or more similar demands for arbitration are filed against Mintly by or with the assistance of the same or coordinated counsel, the parties will arbitrate in batches of up to 100 claimants, with a single set of filing fees per batch, to promote efficiency. The arbitrator may apply this batching as a matter of administration.

18.6 Fees for Frivolous Claims

A party that prevails on a showing that a claim, defense, or motion was frivolous or brought for an improper purpose, or that successfully moves to compel arbitration in court, may recover its reasonable attorneys' fees and costs to the extent permitted by law.

18.7 Jury and Class Waiver

YOU AND MINTLY WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS-ACTION BASIS.

18.8 Rules and Forum

These Terms evidence a transaction involving interstate commerce; and notwithstanding any other provision in these Terms with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq, will govern the interpretation and enforcement of this Section 18 and any arbitration proceedings. The arbitration will be administered by the American Arbitration Association ("AAA"), in accordance with the applicable AAA rules then in effect and one arbitrator alone and such arbitrator will have exclusive authority to resolve any dispute, including, without limitation, disputes arising out of or related to the interpretation or application of this Section 18, including the enforceability, revocability, scope, or validity of the arbitration requirement or any portion of this Section 18. The arbitration shall take place in Miami-Dade County, Florida, unless otherwise agreed.

19. Severability, Waiver

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions. Any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

20. Export Control

You may not utilize the Services from (a) any United States embargoed countries, or (b) if you are anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Person's List or Entity List. By using the Services, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You acknowledge and agree that products, services, or technology provided by Mintly are subject to the export control laws and regulations of the United States. You will comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Mintly products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.

21. Copyright Complaints (DMCA)

If you believe material generated via the Services infringes your copyright, send a notice to [email protected] that includes: (i) your physical or electronic signature; (ii) identification of the copyrighted work; (iii) identification of the material at issue, with enough detail (including URLs and account IDs) to locate it; (iv) your contact information; (v) a statement of good-faith belief; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act.

Mintly's Designated Copyright Agent for notices of claimed infringement is: DMCA Designated Agent, Legal Department, Flame Industries, Inc., 7901 4th St N, STE 300, St. Petersburg, FL 33702, Phone: 786-220-2752, Email: [email protected]. We will provide a counter-notice process for material removed in error, will terminate repeat infringers in appropriate circumstances, and may forward notices to the affected user. Submitting a materially false or bad-faith notice or counter-notice may create liability under 17 U.S.C. Section 512(f). Trademark, right-of-publicity, and trade-dress complaints may also be sent to the same agent with comparable detail.

22. Notice

All notices required or permitted under these Terms will be in writing and will be deemed given: (i) when delivered personally; (ii) one business day after deposit with a nationally recognized express courier, with written confirmation of receipt; (iii) three business days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (iv) when sent by email, on the date the email was sent if sent during normal business hours of the receiving party, and on the next business day if sent after normal business hours of the receiving party. In the event that the last e-mail address you provided to Mintly is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by these Terms, Mintly's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give legal notice to Mintly at [email protected].

23. Assignment

These Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Mintly's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Mintly may assign these Terms and any other right or obligation to a party without any consent or notification requirement to you.

24. Force Majeure

Mintly will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials, failures of underlying AI model providers, cyber attacks, security incidents, internet or cloud outages, hosting-provider failures, payment-processor outages, third-party API failures, app-store or platform actions, government actions, sanctions, pandemics, and changes in law or in third-party provider terms.

25. Final Terms

These Terms, along with any Mintly ordering document or subscription details as found on the Dashboard make up the final, entire, and exclusive agreement between you and Mintly with respect to the subject matter hereof and supersede any prior agreements and discussions, both written and oral, with respect to such subject matter. Plan-specific disclosures, checkout screens, pricing-page disclosures, Account Dashboard terms, credit-expiration notices, promotional-credit terms, and usage-limit disclosures presented to you in connection with a purchase or feature are incorporated into these Terms as subscription details or supplemental terms. If a supplemental term conflicts with the body of these Terms, the body controls except where the supplemental term expressly states that it governs for that specific service or purchase. No purchase order or other document issued by you will control unless Mintly expressly agrees in writing.

26. Contact Us

Please send inquiries to [email protected] or visit https://usemintly.com/

27. Counterparts

In case you are executing a written acceptance of these Terms, these Terms may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute a single instrument.