Bildy
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Terms of Service and License Agreement

Effective as of September 22, 2026

Together with its subsidiaries and other affiliates, Fundation GmbH, a Cologne, DE corporation (“Fundation”), makes available the “Site” (websites including, without limitation, www.bildy.ai and all subdomains), “Software” (software and mobile applications), and “Services” (including, without limitation, AI-powered image editing, prompt-based visual creation, and related services) to help people create and edit images more effectively. Access to and use of Fundation’s existing Site, Software and Services, as well as any future Sites, Software or Services provided by Fundation are governed by this Terms of Service and License Agreement (this “Agreement”).

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE SITE AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SERVICES OR SOFTWARE. BY ACCESSING OR USING THE SITE, SERVICES AND/OR SOFTWARE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, THAT YOU ARE USING THE SITE, SERVICES AND/OR SOFTWARE ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

Trial Memberships and Free Trials

Fundation may offer a free trial membership from time to time with regard to certain Software or Services. Where a trial is offered through Stripe checkout, the trial lasts for the period shown at checkout, currently 7 days for the Bildy Pro subscription, and converts automatically into the selected paid subscription unless you cancel before the trial end date. If you cancel the Services before the end of the trial period, all your rights to any remaining free trial period will be waived, and you will not be eligible to participate in any further Trials, except as allowed by Fundation in its sole discretion.

Credit Purchases and Usage

Credits purchased through the Bildy application are stored on your Bildy account and are available across devices while you are signed in. Subscription credits refresh according to your billing cycle while the subscription remains active. Legacy one-time purchased credits already on an account do not expire unless otherwise stated at purchase. Credits may only be used for actions within the Bildy app, such as image generation, document extraction, writing assistance, or story progression. All credit sales are final except where required by law.

Data Collection and Privacy

Fundation does not collect personally identifiable information from you except to the extent you have explicitly given such information to Fundation. To generate or edit an image or a video, Fundation sends your prompt and any files you attach to the company that runs the model you picked, which is described in full in the Privacy Policy. Fundation’s information practices are further described in its privacy policy, which is available at: www.bildy.ai/privacy-policy. The Privacy Policy is an integral part of this Agreement and is expressly incorporated by reference, and by entering into this Agreement you agree to all of the terms of the Privacy Policy, and Fundation’s use of data as described in the Privacy Policy is not an actionable breach of your privacy or publicity rights.

By using our Site and Services, you acknowledge and agree that we use cookies and similar tracking technologies (including Google Tag Manager) to analyze usage patterns and improve user experience. These tools collect anonymous data only after you provide explicit consent through our cookie banner. You may withdraw your consent at any time as described in our Privacy Policy.

Links to Third-Party Sites

Any links on the Site to third party websites are provided for your convenience only. If you choose to access third party websites or obtain products or services from third parties, you do so entirely at your own risk and such access is between you and such third party. Fundation does not warrant or make any representation regarding the legality, accuracy or authenticity of content presented by such websites or any products or services offered by third parties and shall have no liability for any loss or damages arising from the access or use of such websites, products or services.

Consent to Receive Email

Your registration to use the Site and/or Services constitutes your consent to receive email communications from Fundation, including messages regarding customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Site and Services, at any time by following the link included in the email messages.

Force Majeure

If Fundation is unable to perform any obligation under this Agreement because of any matter beyond its reasonable control, such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts of local or central government or other competent authorities, problems with telecommunications providers, hostile network attacks or other events beyond Fundation’s reasonable control, Fundation will have no liability to you for such failure to perform; provided, however, that Fundation shall resume performance promptly upon removal of the circumstances constituting the Force Majeure Event. If any Force Majeure Event continues for more than sixty (60) days, either Fundation or you may terminate this Agreement by delivery of written notice to the other party. You will remain responsible for all Fees incurred through the last day the Services were available.

Licensing and Use

If you are an individual subscriber: In consideration for your acceptance of this Agreement and your payment of all applicable Fees (as defined below), Fundation grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Site, the Services and the Software solely for your own personal purposes.

If you are an Enterprise Subscriber: In consideration for your agreement to this Agreement and your payment of all applicable Fees (as defined below), Fundation grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make use of the Site, the Services and the Software solely for your internal business purposes. In addition, you may permit such number of Authorized Users as has been agreed between you and Fundation to access and make use of the Site, Services and Software.

If you are an Authorized User: In consideration for your agreement to this Agreement and your Enterprise Subscriber’s payment of all applicable Fees (as defined below), Fundation grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and make use of the Site, the Services and the Software solely for the internal business purposes of your Enterprise Subscriber.

You may access and use the Site, Services and Software only in accordance with any instruction manuals, user guides and other documentation as made available by Fundation from time to time (“Documentation”).

Restrictions

  • Do not copy, modify or create derivative works based on the Site, Services, Software or Documentation, or any portion(s) of any of the foregoing (individually and collectively, “Fundation IP”).
  • Do not distribute, transmit, publish or otherwise disseminate any Fundation IP.
  • Do not download or store any Fundation IP except to the extent explicitly permitted on the Site.
  • Do not transfer to any third party any of your rights under this Agreement (except to the extent that an Enterprise Subscriber may permit such number of Authorized Users as has been agreed between the Enterprise Subscriber and Fundation to access and make use of the Site, Services and Software).
  • Do not access or use the Services, Software or Fundation IP for the benefit of any third party (except to the extent that Authorized Users may access and make use of the Site, the Services and the Software solely for the internal business purposes of their Enterprise Subscriber).
  • Do not attempt to access or derive the source code or architecture of any Software.
  • Do not attempt to probe, scan or test the vulnerability of the Site, Services and/or Software, or any associated system or network, or to breach any security or authentication feature or measures of the Site, Software or Services.
  • Do not interfere or attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting malicious software or computer code (“Malicious Code”) to the Site or Services, load testing, overloading, “flooding,” “spamming,” “mail bombing,” “crashing.”
  • Do not scrape the Site, and do not automate access to it using bots, crawlers or similar devices. This restriction does not apply to the Bildy API and the Bildy MCP server, which Fundation publishes precisely so that you can reach the Services from your own software. Use of those is governed by the section titled “Using the Bildy API and the MCP server” below.
  • Do not export or re-export any Fundation IP.
  • Do not use or access any Services, Software or Fundation IP in order to build a competitive product, service or solution.
  • Do not violate any applicable law or regulations in connection with your use of the Site, Services or Software.
  • Do not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, including, without limitation, an Enterprise Subscriber.

Using the Bildy API and the MCP server

Fundation publishes an HTTP API and an MCP server so that you can use the Services from your own software, from a script, or from an AI assistant. You may use them with an API key issued to your account, or by signing your account in through the supported OAuth flow. Each call spends credits from the same balance as the app, at the prices shown in the app and in the API documentation.

Your API key stands in for your account, so treat it as you would a password. Do not publish it, commit it to a public repository, or give it to anyone you do not want spending your credits. You are responsible for what is done with your key, and you may revoke it at any time in the app. Fundation may revoke a key that is being used in a way that breaks this Agreement.

Stay within the published rate limits. Fundation may change those limits, and may suspend access that overloads the Services or degrades them for other people. Everything else in this Agreement, including the Restrictions above and the rules about content, applies to API and MCP use in the same way it applies to use through the app.

Credits are reserved when a job starts and charged when it finishes. If a job fails, or if Fundation cannot start it, the reserved credits go back to your balance. A job that runs and returns a file is charged, including where you dislike the result, because the model has already been paid for the work.

Fundation may add to and change the API and the MCP tools. Where a change would break software you have already written, such as removing a tool or changing what it returns, Fundation will give thirty (30) days notice through the API documentation page, except where a shorter notice is needed for security or because a model provider has withdrawn a model.

What you send through the API or the MCP server is processed exactly as described in the Privacy Policy, which means your prompt and any pictures you attach are sent to the company that runs the model you picked. Read the section of the Privacy Policy titled “What we send to the model companies when you generate an image or a video” before you connect anything to Bildy.

Registration, Security, and Account Responsibility

By completing the registration process for any given Services, you are agreeing to subscribe to the selected Services, subject to the terms and conditions of this Agreement. You agree to provide Fundation with accurate and complete registration information and to promptly notify Fundation in the event of any changes to any such information.

You are solely responsible for all activity in connection with access to the Site and/or Services through your account or using your password, and for the security of your computer systems, and in no event shall Fundation be liable for any loss or damages relating to such activity.

Fees, Payment, and Trial Memberships

Your access to or use of the Services and/or Software shall be contingent upon your payment of all applicable fees as described on the Site or Software at the time (“Fees”); unless you are an Authorized User, in which case your access to or use of the Services and/or Software shall be contingent upon your Enterprise Subscriber’s payment of the Fees.

Fundation reserves the right to revise its Fees, including by increasing or adding new Fees, at any time on ten (10) days’ notice. Your use of the Services after the ten (10) day notice period constitutes your acceptance of the new or revised Fees. If you do not agree to the revised Fees, you may cancel your subscription.

Termination and Refund Policy

This Agreement shall continue until you cancel your subscription or until terminated by Fundation. You may cancel your subscription at any time. If you cancel after your subscription renewal date, you will not receive a refund for any amounts that have been charged. Your cancellation will be effective at the end of your then-current subscription period, subject to applicable law, and you may use the Services until your cancellation is effective (unless your access is suspended or terminated as set forth below).

Fundation may deny you access to all or any part of the Services or terminate your account with or without prior notice if you engage in any conduct or activities that Fundation determines, in its sole discretion, violate this Agreement or the rights of Fundation or any third party, or is otherwise inappropriate.

Ownership

All intellectual property rights in and to the User Content are and shall remain your property, and Fundation shall acquire no right of ownership with respect to your User Content.

All intellectual property rights in and to the Software, Site and Services and other Fundation IP are and shall remain the sole property of Fundation and its affiliates and licensors, as applicable, and you shall acquire no right of ownership or use with respect to any Software or other Fundation IP except as specified in this Agreement.

Indemnity

You shall indemnify, release and hold harmless Fundation and its parents, subsidiaries, affiliates, licensors and suppliers, and each of their respective officers, directors, employees and agents, from and against any loss, liability and costs relating to any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services or Software, violation of this Agreement, or infringement of any intellectual property or other right of any person or entity.

Warranty Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNDATION, ITS LICENSORS AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICES, AND SOFTWARE. YOU AGREE THAT YOUR USE OF THE SITE, SERVICES AND SOFTWARE ARE AT YOUR OWN SOLE RISK AND THAT THE SITE, SERVICES AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Limitation of Liability

IN NO EVENT SHALL FUNDATION BE LIABLE WITH RESPECT TO THE SITE, SERVICES AND/ OR SOFTWARE FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO FUNDATION DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; ANY LOST PROFITS, LOST OR DAMAGED USER CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.

Governing Law and Place of Jurisdiction

This Agreement is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a consumer, this choice of law does not take away the protection of the mandatory consumer law of the country where you live, and you may bring proceedings against Fundation in the courts of that country or in Cologne, Germany.

If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising out of or relating to this Agreement is Cologne, Germany.

We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

General Provisions

This Agreement constitutes the entire agreement between Fundation and you with respect to its subject matter, and supersedes all prior communications and proposals, whether electronic, oral or written, between Fundation and you. No waiver or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party.