Terms and Conditions

1. Operator and agreement

These Terms and Conditions govern access to and use of Been there done that, available at btdt.fun and related application surfaces (the Service). The Service is operated by DataOps, s.r.o., U Skolicky 1148, 253 01 Hostivice, Czech Republic, identification number 19550731, D-U-N-S number 933742551, registered in the Commercial Register maintained by the Municipal Court in Prague under file C 388314 (Operator, we, us).

By creating an account, signing in, purchasing credits, uploading content, generating output, downloading output, or otherwise using the Service, you confirm that you have read, understood, and agree to these Terms. If you do not agree, do not use the Service.

2. Nature of the Service

The Service is an automated image-processing and generation tool. Outputs are produced by automated systems and may be inaccurate, incomplete, artificial, misleading, unsuitable for your intended purpose, or unavailable.

We do not verify, endorse, certify, authenticate, or approve any user upload, instruction, generated image, metadata, caption, location, date, or other output. The Service is not a record-keeping, identity, evidentiary, safety, compliance, legal, medical, financial, or professional-advice service.

3. Eligibility and account security

• You must be legally able to enter into these Terms and must not be prohibited from using the Service under applicable law.
• You are responsible for all activity under your account, including purchases, uploads, prompts, generated outputs, downloads, and any later use or disclosure of outputs.
• You must keep your sign-in method secure and notify us promptly if you believe your account has been misused.

4. Your content, permissions, and responsibility

You retain any rights you have in content you upload. You grant us, our hosting providers, payment providers, authentication providers, infrastructure providers, and technical subprocessors a worldwide, non-exclusive, royalty-free license to host, transmit, process, transform, analyze, generate, store temporarily, display to you, and otherwise use your content solely as needed to provide, secure, maintain, test, improve, and enforce the Service.

You are solely responsible for your uploads, prompts, instructions, generated outputs, downloads, and all use of them. You represent and warrant that you have all rights, permissions, consents, and legal bases required for your content and your intended use of the Service.

5. Prohibited use

You must not use the Service, directly or indirectly, for unlawful, harmful, abusive, deceptive, exploitative, infringing, or non-consensual purposes.

• Do not upload or generate content that violates privacy, publicity, intellectual-property, data-protection, consumer-protection, election, employment, platform, or criminal laws.
• Do not impersonate people, misrepresent events, fabricate evidence, defraud, blackmail, harass, threaten, stalk, shame, exploit, or manipulate any person.
• Do not create, request, distribute, or facilitate non-consensual intimate content, sexual content involving minors, sexual exploitation, abuse material, or content used to target protected or vulnerable persons.
• Do not use the Service to bypass detection, moderation, platform rules, legal duties, technical restrictions, or contractual obligations.
• Do not reverse engineer, scrape, overload, attack, probe, resell, sublicense, or interfere with the Service, its providers, or its security controls.

6. Outputs are used at your own risk

You are solely responsible for reviewing outputs before using, storing, publishing, sending, printing, uploading, relying on, or sharing them. You must not rely on outputs as true, authentic, complete, lawful, private, safe, suitable, or fit for any purpose.

To the maximum extent permitted by law, you assume all risk arising from your content, your instructions, generated outputs, metadata, downloads, publication, reliance, disclosure, and any consequences affecting you or any third party.

7. Credits, payments, and refunds

A credit is a limited, revocable, non-transferable license to request one generation. Credits have no cash value, are not stored value or electronic money, and may not be sold, transferred, exchanged, or redeemed except through the Service.

A credit is consumed when a generation succeeds, whether or not you like, use, download, save, publish, or keep the output. Completed generations are not refundable except where mandatory law requires otherwise. Refund requests for unused paid credits may be reviewed manually and may require account, payment, fraud-prevention, and usage checks.

Prices, credit quantities, taxes, features, availability, and payment methods may change. Payments are processed by third-party payment providers and may be subject to their terms, checks, failures, reversals, disputes, and fees.

8. Availability, changes, and termination

The Service is provided on an as-available basis. We may suspend, limit, modify, withdraw, replace, block, or discontinue all or part of the Service, accounts, credits, generations, downloads, storage, features, models, providers, domains, and policies at any time where reasonably necessary for security, legal, operational, provider, fraud-prevention, or business reasons.

We may suspend or terminate access, refuse service, remove content, revoke credits, block payments, or preserve and disclose information where we reasonably believe this is needed to enforce these Terms, comply with law, protect the Service, protect third parties, address misuse, handle disputes, or reduce risk.

9. Third-party services

The Service depends on third-party providers, including hosting, authentication, payment, analytics, communications, infrastructure, and automated image-processing providers. We are not responsible for third-party services, delays, errors, outages, model behavior, content filters, data handling, pricing, or availability, except to the extent applicable law does not allow that responsibility to be excluded.

10. No warranties

To the maximum extent permitted by applicable law, the Service, credits, outputs, downloads, and all related materials are provided "as is" and "as available" without warranties, representations, guarantees, or conditions of any kind, whether express, implied, statutory, or otherwise.

Without limitation, we disclaim warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted availability, security, accuracy, authenticity, legality, privacy, detectability, non-detectability, evidentiary value, and compatibility.

11. Limitation of liability

To the maximum extent permitted by applicable law, we and our owners, directors, officers, employees, contractors, affiliates, suppliers, licensors, and providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, reputational, data-loss, business-interruption, loss-of-profit, loss-of-revenue, loss-of-goodwill, loss-of-opportunity, fraud, misuse, publication, reliance, emotional-distress, personal, professional, platform, regulatory, or third-party damages or claims arising out of or related to the Service, your content, outputs, downloads, credits, payments, account, or these Terms, even if we were advised that such damages were possible.

To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or related to the Service or these Terms is limited to the greater of EUR 10 or the amount you actually paid us for unused paid credits in the three months before the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for intent, gross negligence, fraud, or death or personal injury where such exclusion or limitation is prohibited.

12. Indemnity

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless us and our owners, directors, officers, employees, contractors, affiliates, suppliers, licensors, and providers from and against all claims, demands, damages, losses, liabilities, penalties, fines, costs, and expenses, including reasonable legal fees, arising out of or related to your content, prompts, instructions, outputs, downloads, account activity, purchases, breach of these Terms, violation of law, infringement or misappropriation of rights, or harm to any person or third party.

13. Consumer rights

If you are a consumer, you may have mandatory rights under the laws of your country of residence. Nothing in these Terms is intended to deprive you of mandatory rights that cannot be waived by contract. Where a provision is invalid or unenforceable against you as a consumer, the rest of these Terms remains effective to the maximum extent permitted by law.

14. Governing law and disputes

These Terms are governed by the laws of the Czech Republic, without regard to conflict-of-law rules, except where mandatory consumer-protection law requires otherwise. Courts with jurisdiction over DataOps, s.r.o. will have jurisdiction, except where mandatory law gives you another forum.

Before bringing a formal claim, you agree to contact us and try to resolve the matter informally. Contact: support@btdt.fun.

15. Changes to these Terms

We may update these Terms from time to time. The updated version applies when posted or when you next accept it, except where law requires additional notice or consent. If you do not agree to updated Terms, stop using the Service.