1. ACCEPTANCE OF TERMS

By accessing or using the services provided by OSU AI ("OSU AI," "we," "us," or "our"), including our desktop application, cloud services, AI companions, and private servers, you agree to be bound by these Terms of Service. If you do not agree, you must not use our services.

2. ELIGIBILITY & ACCOUNT REQUIREMENTS

2.1 Age Requirements

You must be at least 13 years of age to use OSU AI. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use our services with parental or guardian consent. Certain features, including AI companions with voice interaction and payment processing, may require users to be 18 years or older.

Minors and Feature Restrictions: Users under 18 may have certain features restricted or disabled, including voice recording, companion memory retention, and monetization features. We may require verified parental consent before enabling these features for minor users. Parents or guardians who consent to a minor's use of OSU AI assume responsibility for monitoring the minor's activity and compliance with these Terms.

2.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify OSU AI of any unauthorized use of your account. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

3. THIRD-PARTY GAME PUBLISHER DISCLAIMERS

3.1 No Affiliation

OSU AI is an independent product and is NOT affiliated with, endorsed by, or sponsored by any game publisher or developer, including but not limited to: Mojang Studios / Microsoft (Minecraft), Rockstar Games / Take-Two Interactive (Grand Theft Auto), Pocketpair (Palworld), Electronic Arts / Maxis (The Sims 4), or any other game publisher.

3.2 User Responsibility for Game EULA Compliance

You acknowledge and agree that:

1. Each video game has its own End User License Agreement (EULA) and Terms of Service that govern its use;
2. You are solely responsible for ensuring your use of OSU AI complies with each game's applicable terms;
3. Game publishers may prohibit or restrict modifications, overlays, or third-party tools;
4. OSU AI makes no representation that its services are permitted under any specific game's terms.

3.3 Risk of Account Action

YOU ACKNOWLEDGE THAT USE OF OSU AI MAY RESULT IN GAME ACCOUNT SUSPENSION, BANS, OR OTHER ACTIONS BY GAME PUBLISHERS. OSU AI IS NOT RESPONSIBLE FOR ANY SUCH ACTIONS AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES RESULTING FROM GAME ACCOUNT PENALTIES.

4. DESKTOP SOFTWARE LICENSE

4.1 License Grant

Subject to your compliance with these Terms, OSU AI grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the OSU AI desktop application ("Software") on devices you own or control, solely for your personal, non-commercial use (except as expressly permitted through our marketplace features).

4.2 License Restrictions

You may NOT:

1. Copy, modify, or distribute the Software;
2. Reverse engineer, decompile, or disassemble the Software;
3. Rent, lease, lend, sell, or sublicense the Software;
4. Use the Software for any illegal purpose or in violation of these Terms;
5. Remove or alter any proprietary notices on the Software.

4.3 Local AI Model

The Software includes local AI models for texture generation that operate on your device. These models remain the property of OSU AI. You may not extract, export, copy, or redistribute these models. System requirements for optimal performance are published on our website. OSU AI is not responsible for hardware damage, performance issues, or incompatibility resulting from use of the local AI model.

4.4 Automatic Updates

The Software may automatically download and install updates. By using the Software, you consent to automatic updates. You may disable automatic updates in settings, but certain features may not function correctly without the latest version.

4.5 Uninstallation

You may uninstall the Software at any time through your operating system's standard uninstallation process. Upon uninstallation, your license terminates. Locally stored assets remain on your device unless manually deleted, subject to the Platform Exclusivity provisions in Section 6.

5. AI GENERATION & INTELLECTUAL PROPERTY

5.1 Ownership of Input

You retain all rights to the text, images, prompts, or data you upload to OSU AI ("Input").

5.2 Ownership of Generated Assets

To the extent permitted by applicable law, you own the intellectual property rights to the content generated by OSU AI services ("Generated Assets"), including but not limited to retextured assets, schematics, companion configurations, and any derivative works created through the platform. Subject to the Platform Exclusivity provisions in Section 6 below, you may:

1. Download your Generated Assets to your local device for personal archival purposes;
2. Delete your Generated Assets from the OSU AI platform at any time;
3. Retain ownership of the underlying creative work embodied in your Generated Assets.

5.3 No Warranties on Output

You acknowledge that AI systems can produce erroneous, offensive, or unintended content. OSU AI makes no representation or warranty that your Generated Assets will be unique, accurate, or free from third-party copyright claims. You use the Generated Assets entirely at your own risk.

6. PLATFORM EXCLUSIVITY & ASSET DISTRIBUTION

IMPORTANT: This section governs how Generated Assets may be used, distributed, and monetized. Please read carefully.

6.1 Exclusive Platform Rights

While you retain ownership of your Generated Assets as described in Section 5.2, you agree that:

1. Distribution: Generated Assets may only be distributed, shared, published, or made available to third parties through OSU AI's official platform, services, and distribution channels.
2. Monetization: Generated Assets may only be sold, licensed, rented, or otherwise monetized through OSU AI's official marketplace, storefront, or monetization features. You may not sell, license, or monetize Generated Assets through any third-party platform, website, marketplace, or service.
3. In-Game Execution: Generated Assets may only be loaded, rendered, executed, or applied within supported games through OSU AI's official runtime, launcher, overlay, or integration services. You may not use third-party tools, scripts, or services to deploy Generated Assets created through OSU AI.
4. Hosting: Generated Assets stored on OSU AI servers may only be accessed and served through OSU AI's official services. You may not mirror, redistribute, or host Generated Assets on third-party servers or content delivery networks for distribution purposes.

6.2 Permitted Personal Use

Notwithstanding Section 6.1, you may:

1. Download for Personal Archival: Download copies of your Generated Assets to your personal devices for backup or archival purposes.
2. Personal, Non-Commercial Use: Use downloaded Generated Assets for personal, non-commercial purposes on your own devices, provided such use does not involve distribution to third parties or public display.
3. Portfolio & Content Creation: Display screenshots or images of your Generated Assets in personal portfolios, social media, or content creation (e.g., YouTube, Twitch streams), provided you include attribution to OSU AI and do not provide downloadable access to the underlying asset files.

6.3 License Grant to OSU AI

By creating Generated Assets through OSU AI, you grant OSU AI a non-exclusive, worldwide, royalty-free license to:

1. Host, store, cache, and serve your Generated Assets through our platform;
2. Display previews, thumbnails, and metadata of your Generated Assets within the platform;
3. Include your Generated Assets in promotional materials, showcases, or featured content galleries (with attribution);
4. Process, optimize, and transcode your Generated Assets as necessary for platform functionality.

6.4 Enforcement & Violations

Violation of the Platform Exclusivity provisions may result in:

1. Immediate suspension or termination of your account;
2. Removal of all your Generated Assets from the platform;
3. Forfeiture of any pending or accrued revenue from monetized assets;
4. Legal action to recover damages and enforce these Terms.

6.5 Termination & Asset Portability

Upon account termination (whether by you or OSU AI), you will have a thirty (30) day grace period to download your Generated Assets for personal archival. After this period, OSU AI may delete your Generated Assets from our servers. The Platform Exclusivity provisions of Section 6.1 survive termination with respect to any Generated Assets that were created through OSU AI, regardless of whether you have downloaded copies.

7. AI COMPANION & VOICE FEATURES

7.1 Voice Data Processing

When you use the AI companion's voice interaction feature, your voice input is processed to generate responses. Voice recording only occurs when you actively trigger it via the designated hotkey—we do not passively listen or record in the background. Voice data may be processed locally on your device and/or transmitted to our servers depending on your settings. Please refer to our Privacy Policy for details on how voice data is collected, processed, and stored.

7.2 Game Data Access

The AI companion may read game events and state information to provide contextual responses. This may include character positions, inventory, game progress, and other in-game data. This data is used solely to enhance the companion experience and is handled in accordance with our Privacy Policy.

7.3 Companion Memory

The AI companion retains conversation history and context to provide personalized interactions. You may view and delete companion memory at any time through the application settings. Memory data is stored in accordance with our Privacy Policy.

7.4 In-Game Actions

The AI companion may perform in-game actions on your behalf when instructed (e.g., building structures in Minecraft, organizing inventory). You acknowledge that you are responsible for all actions performed by the companion and any consequences within the game. OSU AI is not liable for any unintended game outcomes resulting from companion actions.

8. PRIVATE SERVER SERVICES

8.1 Server Access

OSU AI may provide private server hosting for supported games (currently Minecraft). Access to private servers requires an active subscription and compliance with these Terms.

8.2 Acceptable Server Use

When using OSU AI private servers, you agree NOT to:

1. Harass, abuse, or harm other users;
2. Upload or distribute malicious software, cheats, or exploits;
3. Engage in activities that disrupt server performance or availability;
4. Share server access credentials with unauthorized parties;
5. Use servers for any commercial purpose without explicit authorization.

8.3 Server Data

You are responsible for backing up any data stored on private servers. While we endeavor to maintain data integrity, OSU AI is not liable for data loss due to server failures, maintenance, or service discontinuation.

8.4 Subscription Termination

Upon termination of your server subscription, you will have 30 days to download your server data. After this period, server data may be permanently deleted.

9. ACCEPTABLE USE POLICY

You agree NOT to use OSU AI to generate, upload, or share content that violates the rights of others. Specifically, you are strictly prohibited from:

9.1 Intellectual Property Infringement

Generating content that depicts copyrighted characters (e.g., "Spider-Man," "Mario"), trademarked logos, or protected brand elements without explicit permission from the rights holder.

9.2 Deepfakes & Likeness

Generating realistic images or audio of real people (public figures or private citizens) without their consent.

9.3 Illegal & Harmful Content

Generating sexually explicit material (NSFW), hate speech, or content that promotes violence or illegal acts.

10. USAGE LIMITS, TOKENS & CREDITS

10.1 Token Allocations

OSU AI provides tokens ("Credits") that are consumed when using generation features. Tokens may be obtained through daily free allocations, promotional grants, or purchase.

10.2 Free Token Grants

During promotional periods (including soft launch), users may receive complimentary daily token allocations. Free tokens:

• Reset at 12:00 AM UTC each day
• Do not accumulate or roll over between days
• May be modified or discontinued at any time without notice

10.3 Purchased Tokens

Tokens obtained through purchase:

• Do not expire
• Carry forward indefinitely while your account remains active
• Are non-refundable except as required by law

10.4 Token Policy Changes

We reserve the right to modify token pricing, allocation amounts, and consumption rates. Material changes will be communicated via email or in-app notification.

11. PAYMENT, SUBSCRIPTIONS & REFUNDS

11.1 Subscription Services

OSU AI offers various paid subscription tiers for premium features including private servers, generation speed boosts, additional storage, and higher quality outputs. Subscription details and pricing are available on our website.

11.2 Billing

Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selection). Your subscription will automatically renew unless cancelled before the renewal date.

11.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of your paid period.

11.4 Refunds

Subscription fees are generally non-refundable. However, you may request a refund within 14 days of initial purchase if you have not substantially used the paid services. For purposes of this section, "substantial use" means: (a) generating more than 50 assets using paid features; (b) accessing private server hosting for more than 24 cumulative hours; or (c) consuming more than 25% of any included token allocation. Refund requests should be submitted to support@osu.ai.

11.5 Price Changes

OSU AI reserves the right to modify subscription pricing. Price changes will be communicated at least 30 days in advance and will apply to subsequent billing periods.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless OSU AI, its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including legal fees) arising out of:

1. Your violation of these Terms or the Acceptable Use Policy;
2. Your infringement of any third-party rights, including copyright, trademark, or privacy rights;
3. Your use of Generated Assets;
4. Your violation of any game publisher's EULA or Terms of Service;
5. Your violation of the Platform Exclusivity provisions in Section 6;
6. Content you upload, generate, or share through OSU AI services.

Meaning: If you generate infringing content, distribute assets outside our platform in violation of Section 6, or otherwise violate these Terms and we are sued, you are liable for our legal defense and any resulting damages.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, OSU AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

1. Your access to or use of (or inability to access or use) the services;
2. Any conduct or content of any third party on the services;
3. Any content obtained from the services;
4. Game account suspensions, bans, or penalties imposed by game publishers;
5. Unauthorized access, use, or alteration of your transmissions or content.

OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE LAST 12 MONTHS OR $100, WHICHEVER IS GREATER.

14. TERMINATION

14.1 Termination by You

You may terminate your account at any time by discontinuing use of the services and deleting the Software from your devices. To fully close your account and request deletion of your data, contact support@osu.ai.

14.2 Termination by OSU AI

We may suspend or terminate your access to the services immediately, without prior notice, if we believe you have violated these Terms, including the Platform Exclusivity provisions. We may also terminate accounts that remain inactive for extended periods.

14.3 Effect of Termination

Upon termination, your license to use the Software terminates, and you must delete all copies. You have 30 days to download your Generated Assets as described in Section 6.5. Sections regarding intellectual property, platform exclusivity, indemnification, limitation of liability, and dispute resolution survive termination.

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

15.2 Arbitration Agreement

Any dispute arising out of or relating to these Terms or the services shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules. The arbitration shall take place in San Francisco, California. Judgment on the arbitration award may be entered in any court having jurisdiction. Payment of arbitration fees shall be governed by the AAA Consumer Arbitration Rules. This arbitration agreement survives termination of your account or use of the services.

15.3 Class Action Waiver

YOU AND OSU AI AGREE THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.

15.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights or violation of the Platform Exclusivity provisions.

16. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email (if provided) and/or by posting a prominent notice in the application at least 30 days before changes take effect. Your continued use of the services after changes become effective constitutes acceptance of the revised Terms.

17. COPYRIGHT & DMCA COMPLIANCE

17.1 Respect for Intellectual Property

OSU AI respects the intellectual property rights of others and expects users to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable laws.

17.2 DMCA Takedown Notices

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with a written notice containing: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good faith belief; (e) a statement of accuracy under penalty of perjury; and (f) your signature.

17.3 Designated Copyright Agent

DMCA notices should be sent to:

Copyright Manager
Email: support@osu.ai Address: 632 Commercial St, San Francisco, CA 94111

17.4 Repeat Infringer Policy

OSU AI maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers of copyright. Our complete DMCA Policy, including counter-notice procedures, is available at https://osu.ai/terms-and-policies/dmca.

18. PRIVACY

Your privacy is important to us. Please review our Privacy Policy at https://osu.ai/terms-and-policies/privacy to understand how we collect, use, and protect your information, including voice data, game data, and generated content.

19. GENERAL PROVISIONS

19.1 Entire Agreement

These Terms, together with the Privacy Policy at https://osu.ai/terms-and-policies/privacy and DMCA Policy at https://osu.ai/terms-and-policies/dmca, constitute the entire agreement between you and OSU AI regarding the services.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

19.3 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

19.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

20. CONTACT INFORMATION

For questions about these Terms, please contact us at:

OSU AI
632 Commercial St
San Francisco, CA 94111
Phone: (312) 613-0680
Email: support@osu.ai