These Terms of Service (“Terms”) govern your access to and use of The Clueless AI Suite — including the website, applications, models and APIs (the “Service”) — provided by THE CLUELESS AIGENCY, S.L., a Spanish company offering the Service worldwide. By creating an account or using the Service, you agree to these Terms wherever you are located. If you don't, please don't use the Service.
01The agreement
TL;DRBy using The Clueless, you accept these Terms. They are a binding contract between you and us.
These Terms form a legally binding contract between you (“you”, “user”) and The Clueless AIGENCY, S.L. (“The Clueless”, “we”, “us”, “our”). You must be at least 18 years old and have legal capacity to enter into contracts in your jurisdiction. If you accept these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity.
02Your account
TL;DRKeep your credentials safe. One account per person. You're responsible for what happens under your login.
- You must provide accurate and current information when creating your account.
- You are responsible for safeguarding your password and any activity that occurs under your account.
- You may not share your account or transfer it to anyone else without our written consent.
- Notify us immediately at stuff@theclueless.ai if you suspect unauthorised access.
03The service
TL;DRThe Clueless is a creative AI platform. We add, remove and improve features as we go.
The Service provides AI-powered tools to generate and edit images, videos, audio and identities. We continuously evolve the Service: we may add, modify, deprecate or remove features at any time. We will give reasonable notice for material changes that adversely affect paying users.
Generative AI is probabilistic. Outputs may contain inaccuracies, artefacts or unexpected results. You are responsible for reviewing and validating outputs before using them.
04Plans, pricing & billing
TL;DRSubscriptions auto-renew until you cancel. We bill through Stripe. Prices may change with notice.
- The Service is offered through subscription plans billed monthly or annually, and may include one-off purchases (e.g. additional credits).
- Subscriptions renew automatically at the end of each billing cycle until cancelled.
- Payments are processed by Stripe. By providing payment information you authorise us to charge the applicable fees.
- Prices are shown in EUR or USD as displayed at checkout and are exclusive of applicable taxes (e.g. VAT), which we add where required.
- We may change pricing for future billing cycles with at least 30 days' notice. The new price applies from your next renewal.
- You can cancel anytime from your account settings. Cancellation takes effect at the end of the current billing cycle.
05Refunds
TL;DREU users get the 14-day right of withdrawal — but it's lost the moment you start generating. After that, fees are non-refundable.
If you are a consumer in the European Union, you have the right to withdraw from this contract within 14 days of subscribing without giving any reason, as set out in Directive 2011/83/EU.
However, in accordance with Article 16(m) of that Directive, you expressly consent to the immediate provision of digital content and acknowledge that you lose the right of withdrawal as soon as you begin generating content with the Service. By submitting your first generation, you confirm this consent.
Beyond the withdrawal period, fees already paid are non-refundable, except where required by mandatory law or where we, at our sole discretion, decide to grant a refund (e.g. for service unavailability or billing errors).
06Your content
TL;DRYou own what you upload. You give us only the rights we need to actually run the service for you.
You retain all ownership rights in the photos, videos, prompts and other materials you upload (“Input”). By uploading Input, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, transmit, process and display it solely to provide and improve the Service for you.
You represent and warrant that:
- You own the Input or have the necessary rights and permissions to upload it.
- If the Input contains an identifiable person, you have their explicit, informed and demonstrable consent to upload and process their image and likeness through generative AI.
- Your Input does not infringe any third-party right (intellectual property, privacy, publicity, etc.) and does not violate any law.
07Ownership of outputs
TL;DRThe content you generate is yours — including for commercial use — as long as you played by the rules.
To the extent permitted by law, we assign to you all rights we may hold in the content generated by the Service from your Input (“Output”). You may use the Output for personal and commercial purposes, including in advertising, social media, products and client work.
This assignment is conditional on:
- Compliance with these Terms, in particular §08 (Prohibited use).
- Payment of all applicable fees.
- You holding the rights described in §06 over the Input used.
You acknowledge that, due to the nature of generative AI, similar Outputs may be produced by other users from independent prompts. We make no representation that any Output is unique or eligible for copyright protection in your jurisdiction. Where local law does not recognise AI-generated content as protectable, we cannot grant rights we don't have.
08Prohibited use
TL;DRDon't use The Clueless to harm people, fake real humans without consent, generate illegal content, or break the law.
You may not use the Service to create, upload or distribute any content or use any feature in a way that:
- Sexualises, depicts or involves minors in any way.
- Generates non-consensual intimate imagery, including deepfake pornography.
- Impersonates a real, identifiable person without their explicit, demonstrable consent — including political figures, celebrities and private individuals.
- Promotes terrorism, extremist violence, or self-harm.
- Constitutes hate speech, harassment, or incitement to violence against individuals or groups.
- Spreads disinformation likely to cause material harm (e.g. electoral, public-health or financial misinformation).
- Infringes the intellectual property, trademark, privacy or publicity rights of others.
- Violates any applicable law, including the EU AI Act, GDPR, criminal law and consumer protection law.
- Attempts to reverse-engineer, scrape, decompile or interfere with the Service or its security measures.
- Uses the Service to develop or train any competing AI model.
Hard lineViolation of any of these may result in immediate termination of your account, forfeiture of paid fees, and reporting to competent authorities where required by law.
09Moderation, reporting & suspension
TL;DRWe use automated and human review to keep the platform safe. We can suspend accounts when we find abuse.
We employ automated safety filters at the input and output stages, and human review for flagged content, in order to enforce these Terms and applicable law. We may suspend or terminate accounts that violate §08 or pose a risk to other users or the Service.
If you become aware of content on the Service that violates these Terms, please report it to stuff@theclueless.ai with the subject line “Trust & Safety”. We aim to review reports within 72 business hours.
10Third-party services
TL;DRThe Service runs on third-party infrastructure. They have their own terms; we are not responsible for them.
The Service relies on third-party providers including Clerk (authentication), Stripe (subscriptions & payments), Vercel (hosting & serverless), Supabase (database, storage & realtime), AWS S3 (file storage) and Mailchimp (email). Your use of features powered by those providers may be subject to their own terms. We are not liable for outages, errors or actions of third-party providers, except to the extent caused by our own breach of these Terms.
11Disclaimer of warranties
TL;DRThe Service is provided “as is”. We do our best, but we don't guarantee perfection.
To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, reliability or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected.
Nothing in this section excludes statutory warranties that cannot be excluded under EU consumer law, including conformity with the contract under Directive (EU) 2019/770.
12Limitation of liability
TL;DRIf something goes wrong, our total liability is capped at what you paid us in the last 12 months. Some legal liabilities can't be limited and aren't.
To the maximum extent permitted by law:
- Neither party shall be liable for any indirect, incidental, special, consequential or punitive damages, including lost profits, lost data or business interruption.
- Our aggregate liability arising out of or related to these Terms or the Service shall not exceed the greater of (i) the total fees you paid us in the twelve (12) months preceding the event giving rise to the claim, or (ii) one hundred euros (€100).
Nothing in this clause limits liability for fraud, gross negligence, wilful misconduct, death or personal injury caused by negligence, or any other liability that cannot be excluded by law.
13Indemnity
TL;DRIf your content or your misuse causes us to get sued, you cover us.
You agree to defend, indemnify and hold harmless The Clueless and its directors, employees and agents from and against any claim, demand, loss or expense (including reasonable legal fees) arising out of or related to: (a) your Input; (b) your use of the Output; (c) your breach of these Terms; or (d) your violation of any law or third-party right.
14Term & termination
TL;DRYou can leave anytime. We can terminate for cause. Some clauses survive after the contract ends.
These Terms apply for as long as you have an account with us. You may terminate at any time by closing your account. We may suspend or terminate your account immediately for material breach, fraud, abuse, or where required by law, with notice where reasonable.
Upon termination: (a) your right to access the Service ceases; (b) we will delete or anonymise your personal data in accordance with our Privacy Policy; (c) clauses that by their nature should survive (including §06–§13, §16) will continue to apply.
15Changes to these Terms
TL;DRIf we change anything important, we'll let you know in advance.
We may update these Terms from time to time. For material changes, we will give you at least 30 days' notice by email or through the Service before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
16Governing law & jurisdiction
TL;DRSpanish law governs by default. EU consumers keep their local court rights. US users go to arbitration (§17).
These Terms are governed by the laws of Spain, without regard to conflict-of-laws rules. Subject to §17 below and any mandatory local consumer law, the courts of Barcelona, Spain shall have non-exclusive jurisdiction over any dispute arising under or in connection with these Terms.
If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law cannot be derogated from by contract, you retain the right to bring proceedings in the courts of your habitual residence and to benefit from any mandatory consumer-protection provisions of the law of your country. The European Commission also provides an online dispute resolution platform at ec.europa.eu/consumers/odr.
17Arbitration & class-action waiver (US users)
TL;DRIf you live in the United States: disputes go to individual binding arbitration, not court, and not as a class action. You can opt out within 30 days.
This section applies only if you are a resident of the United States.
- Binding arbitration. Any dispute, claim or controversy arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules. The seat of arbitration shall be Wilmington, Delaware, conducted in English. Either party may seek interim or injunctive relief in court for intellectual-property infringement.
- Class-action waiver. You and The Clueless agree to bring claims only in your individual capacity and not as a plaintiff or class member in any purported class, consolidated or representative proceeding. The arbitrator may not consolidate claims and may not preside over any form of representative proceeding.
- Small claims. Either party may instead bring an individual claim in a US small-claims court for disputes within that court's jurisdiction.
- 30-day opt-out. You may opt out of this arbitration agreement by sending a written notice to stuff@theclueless.ai with the subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms. The notice must include your name, account email and a clear statement of your decision to opt out.
- Severability. If any portion of this section is found unenforceable, the remainder shall remain in effect; if the class-action waiver is found unenforceable as to a particular claim, that claim alone shall proceed in court and all other claims shall remain in arbitration.