Bildy

Terms of Service and License Agreement

Effective as of September 1, 2025

Together with its subsidiaries and other affiliates, Fundation GmbH, a Cologne, DE corporation (“Fundation”), makes available the “Site” (websites including, without limitation, www.loudandclear.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. By accessing or using the Site, Services or Software, you agree to the terms of any such Trial and further agree to any changes Fundation may make to such Trial. 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 locally in your browser and are non-transferable. Credits may only be used for actions within the Bildy app, such as image generation or story progression. Credits do not expire, but are only accessible from the browser and device where they were purchased or redeemed. Fundation does not offer account-based credit storage, and credits cannot be transferred between devices or browsers. All credit sales are final; unused credits are non-refundable 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. Fundation’s information practices are further described in its privacy policy, which is available at: www.loudandclear.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.

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 automate access to the Site or the Services, including, without limitation, through the use of APIs, bots, scrapers or other similar devices.
  • 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.

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.

Dispute Resolution by Binding Arbitration

You agree that any and all disputes or claims that have arisen or may arise between you and Fundation, whether arising out of or relating to this Agreement, the Site, Software or Services, any advertising or any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify.

General Provisions

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to any choice of law, conflicts of law or other principles that would result in the applicable of the laws or regulations of any other jurisdiction. Subject to the section titled “Arbitration”, any legal action or proceeding relating to this Agreement shall be instituted in a state or federal court in San Francisco County, California. You and Fundation agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

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.