Terms of Service, Privacy Policy, & U.S.C. 2257

Updated January 30, 2024

There’s a long legal version at the bottom of this page, but here’s the information most humans want to read first:

Refunds and 7-Day, 100% Satisfaction Guarantee

There’s no fine print, it’s exactly as advertised and applicable to all territories worldwide. If you’re not happy for whatever reason, you can cancel and get a refund within seven days. If you are still within your trial period, just click your avatar on the top right corner, scroll down to subscription, and hit cancel. If you have any trouble please email us: support@NSFWdalle.ai

Who we are

NSFWdalle was acquired from Graydient (2023) by Niiro, Inc. of Japan. We’re actually in the middle of incorporating a new C-Corp so that you get a wrestling-sounding name on your credit card instead of porno.

“Babe that’s my wrestling stuff, I don’t want to talk about it!”

Shady People using Stolen Credit Cards

If you were a victim of credit card fraud, please file a complaint with your bank first and then obtain a police warrant and we will surrender all pertinent information about the transaction to the authorities.

For scammers: We have zero tolerance for this and will make time to help the affected person prosecute.

Pretending someone stole your credit card (chargebacks)

Look, we get it, you hit the booze and made a regretful porn purchase. We have a money back guarantee, please don’t file a charge back. It’s expensive and there’s zero need for it.

Privacy Policy

We do not sell your data. Your privacy and safety is very important to us. We use PCI compliant credit card systems, meaning that no credit card information is stored on our systems. If our company goes bankrupt, gets dissolved, or is acquired by another company, we will send everyone an email with an opportunity to delete your data before any transactions take place, provided that your email on file is up to date. Of course, you can also request a deletion of your information at any time: email support@NSFWdalle.ai

 

Underage content is forbidden and monitored

We have systems in place to protect against abuse material and have a zero tolerance for misuse.

 

How long we retain data

While your account is active, we retain your images and prompts indefinitely. After your account is closed, all data is automatically deleted within 90 days.

 

Browse and download your own data

You can download your full data on demand by clicking on the archive tab and in your profile history. You can contact us to delete your profile.

 

Where your data is sent

Some data is sent through automated spam detection service, and we use third-party API services to check for illegal content in images. These third party services are not sent identifying information.

 

18 U.S.C. 2257 Record-Keeping Requirements
Compliance Statement

Although we are not located in the US and thus subject to United States law, we voluntarily comply with the provisions of 18 U.S.C. § 2257 and its regulations.

All models, actors, actresses and other persons that appear in any visual portrayal of actual or simulated sexually explicit conduct appearing on, or otherwise contained in, this Website were required to be over the age of eighteen (18) years at the time the visual image was produced. Records required for all depictions of actual sexually explicit conduct by Title 18 U.S.C. 2257 and its related regulations are on file with the custodian of records set forth below and will be made available to authorized inspectors.

All other visual depictions displayed on this Website are exempt from the provision of 18 U.S.C. §§ 2257, 2257A and/or 28 C.F.R. § 75, because 1) they do not portray conduct as specifically listed in 18 U.S.C § 2256 (2)(A) (i) through (iv), 2) they do not portray conduct as specifically listed in 18 U.S.C. § 2257A, 3) they do not portray conduct listed in 18 U.S.C. § 2256(2)(A)(v) produced after July 27, 2006, or 4) are otherwise exempt because the visual depictions were created prior to July 3, 1995.

The records required to be kept pursuant to the above referenced laws are kept by the following custodian of records:

Database administrator: support@NSFWdalle.ai

 

Guidelines for handling complaints

Please send us an email and we’ll treat you like a human. All reasonable, polite complaints will be listened to respectfully and we will do our best to resolve the matter. support@NSFWdalle.ai

 

Policy and Procedures for Managing Content

At NSFWdalle AI, we prioritize the safety and positive experience of all our users. To achieve this, we have put in place a comprehensive Content Management Policy & Procedures that ensures all content on our platform adheres to legal requirements and community standards.

Age verification

We require all users to verify their age and identity before accessing any adult content on our website, through secure credit card processing and a legally binding agreement of these terms.

Subscription Policy

Depending on the type of Subscription you choose, you will be billed either monthly or annually in advance. Your Subscription will automatically renew at the end of each period under the same conditions unless you cancel it or NSFWdalle AI cancels it.

If your subscription renewed and you haven’t used it, there is not “gotcha”. We’ll send us a refund, just holler and we’ll check the last login date. There are no refunds for accounts that have used our computers heavily.

Refunds

If you choose to cancel your Subscription renewal, you can do so by clicking on your profile avatar, scrolling down to the subscriptions area. Please note that you will not receive a refund for any fees you have already paid for the current Subscription period, and you will have access to the Service until the end of your current Subscription period, with the exception of the 7-day Satisfaction Guarantee period, in which you are entitled to a refund as long as (a) this is your first time and (b) there isn’t a pattern of similar emails, computers, prompts, IPs requesting the trial, in which case we will refund and block all such devices from accessing all of our products and partner’s products. In the case of a gross number of free trials recorded, we may pursue legal action.

Rate Limits

To maintain the functionality and performance of the site, NSFWdalle AI reserves the right to impose rate limits on users of the Service,. These rate limits may restrict the frequency and volume of requests made to the Service and may be adjusted at any time at the sole discretion of NSFWdalle AI. Users are expected to comply with any rate limits imposed and acknowledge that exceeding such limits may result in temporary or permanent suspension of their access to the Service.

Account Suspension

Persons trying to create underage images will be automatically suspended by software, and this is non-refundable. We will report this to the authorities in any country and in any language, it is absolutely not acceptable.

We reserve the right to suspend or terminate your account without prior notification or explanation if we determine, at our sole discretion, that you have generated objectionable images using our website’s Custom Prompt feature. Objectionable images include, but are not limited to, images that contain violence, hate speech, or any other content that violates ethical or legal standards. We take the creation and sharing of such content seriously and maintain a zero-tolerance policy.

Billing

You are responsible for providing accurate and complete information about your account to NSFWdalle AI. It is your responsibility to update your billing account and other information, including your email address and payment information, so that we can process your transactions and contact you as necessary.

Fee Changes

NSFWdalle AI may modify Subscription fees at any time at its sole discretion. Any changes to Subscription fees will become effective at the end of the current Subscription period.

NSFWdalle AI will provide you with reasonable notice of any changes to Subscription fees, giving you the opportunity to terminate your Subscription before the changes take effect. By continuing to use the Service after the Subscription fee changes come into effect, you agree to pay the modified Subscription fee.

Your Content

You retain your intellectual property ownership rights over the contents you submit to us. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use NSFWdalle AI or its associated Services to upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content or account. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

You give us permission to use your username and other identifying information associated with your account in a manner that is consistent with your privacy preferences, and our Privacy Policy.

Restrictions of Conduct and Content and API

In accessing and using the NSFWdalle AI, you agree to abide by the following rules, restrictions and limitations:

You will not modify, translate, adapt or reformat the NSFWdalle AI;
You will not decipher, decompile, disassemble, or reverse-engineer, or otherwise attempt to discover the source code or structure of, the software or materials comprising the NSFWdalle AI (except where the foregoing is permitted by applicable local law notwithstanding such restrictions, and then only to the extent that such intended activities are disclosed in advance in writing to us);
You will not interfere with or circumvent any security feature of the NSFWdalle AI or any feature that restricts or enforces limitations on the use of the NSFWdalle AI;
You will not use the NSFWdalle AI to gain unauthorized access to our or any third party’s data, systems or networks;
You will not use the NSFWdalle AI in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt our systems and networks, or otherwise interfere with other users’ use of the NSFWdalle AI;
You will not use the NSFWdalle AI in any way that, in our sole discretion, may expose us and others to liability or damages;
You will not remove, change or obscure any copyright, trademark notice, trademark, hyperlink or other proprietary rights notices contained in the NSFWdalle AI;
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws;

You shall not upload, share or otherwise transmit to or via the Services any content (including photo, text, video, etc.) that:

Is unlawful, harmful, libelous, defamatory, obscene, abusive, racially or ethnically offensive, pornographic, indecent, lewd, harassing, threatening, invasive of personal privacy or publicity rights, misleading, incendiary, or otherwise objectionable;
Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third party; Contains any unsolicited promotions, political campaigning, advertising or solicitations;
Contains any private or personal information of a third party without such third party’s consent;
May harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content, designed to interrupt, destroy or limit the functionality of the Application;
Contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information received in the context of an employment or a non-disclosure agreement);
Is in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose us or others to any harm or liability of any type.

We reserve the right, but are not obligated, to reject and/or remove any user content that we believe, in our sole discretion, violates these provisions. If you have noticed any violation of these Terms from your prospective, content of any nature whatsoever, please contact us at: support@NSFWdalle.ai or directly report in the NSFWdalle AI.

Claims of Infringement or Copyright

If you believe in good faith that materials transmitted or created through the NSFWdalle AI infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. Please provide the following information in writing:

An electronic or physical signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted work;
A description of the copyrighted work that you claim has been infringed upon and sufficient information for us to locate such copyrighted work;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We will 1) take proper preliminary actions against said alleged infringement within 1-3 days after receipt of said information, including without limitation link blockage; 2) notify the alleged infringer and demand him or her to explain and provide counter evidence.

If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, you may send us a counter-notice. If you do, we will notify the alleged claimant and hold the process for 10-14 days and then re-enable your content unless the copyright owner initiates a legal action against you before then. Our counter-notice form, set forth below, may be referenced to the forms recommended by the DMCA statute, which can be found at the U.S. Copyright Office’s official website: https://www.copyright.gov. If a counter-notice is not filed within 7 days, we will review and process the notice in accordance with the contents of the notice.

Content Takedowns, Artist Opt-Out

Notices and counter-notices should be sent to us via email at: support@NSFWdalle.ai

Other rights

If you believe in good faith that materials in or to the NSFWdalle AI infringe your other rights, you (or your agent) may send us a notice requesting that we remove the material or block access to it. Please provide relevant information that could prove basic facts of the infringement in writing when you contact us.

We have the right to suspend or terminate the use of the NSFWdalle AI by anyone engaged in suspected repeated infringement involved above.

Liability

The NSFWdalle AI is provided to you on an “as-is” and “as available” basis and the use thereof is at your sole risk. we make no, and hereby disclaim, any representations or warranties of any kind, express, implied, statutory or otherwise, including the warranties of merchantability, fitness for a particular purpose, satisfactory quality, noninfringement, and title with respect to the NSFWdalle AI, to the fullest extent permissible under applicable law.

We do not warrant that:
The NSFWdalle AI (or the results obtained from the use thereof) will be timely, error-free, secure or uninterrupted;
The NSFWdalle AI meet your requirements;
Or the accuracy, likely results, or reliability of the use of the materials on our website, or otherwise relating to such materials or on any resources linked to our website;
Any errors or malfunctions in the NSFWdalle AI will be corrected;
We shall in no event be responsible or liable to you or to any third party, whether under contract, warranty, tort (including negligence), strict liability, indemnity or other theory, for any direct, indirect, special, incidental, consequential, exemplary, liquidated or punitive damages or any other damages, including but not limited to loss of profit, revenue or business, cost of substitute procurement, arising in whole or in part from your use of (or inability to use) the NSFWdalle AI, even if we have been advised of the possibility of such damages. under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from any causes beyond its reasonable control.

Links to Third Party Websites and Services

The NSFWdalle AI may include links or allow access to third-party websites and services. Please note, their presence does NOT mean that they are recommended by us and we do not guarantee their safety and conformity with any of your expectations. We assume no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party websites and services.

It is your responsibility to take precautions to ensure that anything you select for your use or download, whether from the NSFWdalle AI or a Third Party NSFWdalle AI, is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. We assume no responsibility, and are not liable, for any transmission or material, or any viral infection of your computer equipment or software, or any other types of damage related to your access, use of browsing of Third Party NSFWdalle AIs or Third Party Content. If you decide to access a Third Party NSFWdalle AI, you do this entirely at your own risk and you should review the terms of use and privacy policy or similar terms governing the use of such Third Party NSFWdalle AIs.

Governing Law

Matters within the United States will be tried in the state of Delaware. Matters within Japan will be tried in the state of Aichi.

Changes to this Terms of Service

We reserve the right to update or make changes to this TOS from time to time in our sole discretion, and we may notify you of changes by making the revised version of this TOS accessible through the NSFWdalle AI, which changes will become effective immediately. Please return to this TOS periodically to ensure familiarity with the latest version of this TOS, so that you can determine when this TOS was last revised by referring to the “Date of Revision” at the top of this TOS. If you do not agree with the revised TOS, you have the right and should immediately stop using the NSFWdalle AI, your continued access or use of the NSFWdalle AI after any changes to this TOS have been posted means your agreement and consent to such changes.

We reserve the right to change the Services scope listed herein and change charging standard applicable to the Services at any time for any reason in our sole discretion and without notice. We are entitled to stop or restrict provision of the Services in full or in part toward a certain user. We retain powers to discontinue provision and/or support of the Services without any prior notice.

Termination. Assignment.

This Terms of Service (TOS) will continue in effect until terminated by either you or us as set out below. You may terminate this TOS at any time by ceasing your access and use of the NSFWdalle AI. We may terminate this TOS and your right to access or use the NSFWdalle AI, with or without notice to you, for any reason, including suspected breach of this TOS by you.

We reserve and retain the rights to assign, transfer or subcontract the Services to any third parties. Notice will be posted on the NSFWdalle AI and your continuing use or update of the NSFWdalle AI means your consent to such assignment.

Everything else

Contact us: support@NSFWdalle.ai