Legal Framework

Terms of Use

Last Updated: March 13, 2026

1. Acceptance of Terms

By accessing or using the Gemfluencer platform ("Service"), provided by StepUp Learning Labs LLC ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, you must not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

2. Eligibility and Registration

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you have the full right, power, and authority to enter into these Terms. You are responsible for maintaining the confidentiality of your account credentials (via Google Authentication) and for all activities that occur under your account.

3. Gem Currency and Payments

Gemfluencer operates on a "Pay-As-You-Grow" model using virtual tokens called "Gems."

  • Purchases: Gems are purchased through Stripe. All transactions are final and non-refundable, except as required by law or specified in our refund policy.
  • Usage: Gems are consumed for specific actions within the platform (e.g., Persona generation, Narrative drafting, Scene visualization).
  • No Monetary Value: Gems hold no real-world monetary value and cannot be exchanged for fiat currency or other assets outside the Service.
  • Expiration: Gems do not expire as long as your account remains active and in good standing.

4. AI-Generated Content (AI-GC)

The Service utilizes advanced Artificial Intelligence (AI) models, including Google Vertex AI and Gemini, to generate images, text, and storyboards based on your prompts.

Ownership and Rights

Subject to your compliance with these Terms, Gemfluencer hereby assigns to you all its rights, title, and interest in and to the output generated by the Service based on your prompts. This means you own the final AI-generated assets (Images, Scripts, Prompts) for your commercial or personal use.

Company License

You grant Gemfluencer a worldwide, non-exclusive, royalty-free license to host, store, and use your inputs and generated outputs solely for the purpose of providing and improving the Service, including training and perfecting internal AI consistency models.

5. Safety and Content Restrictions (NSFW Policy)

Gemfluencer maintains a strict Zero-Tolerance Policy for unsafe or predatory content.

Prohibited Safety Content

  • Sexually Explicit Material: You are strictly prohibited from using the Service to generate, attempt to generate, or prompt for sexually explicit imagery, adult content (NSFW), or pornographic material.
  • Non-Consensual Imagery: The Service must not be used to create sexualized imagery of real individuals (Deepfakes), celebrities, or non-consensual sexual content.
  • Child Safety: Generation of imagery involving minors in a sexualized or exploitative context will result in an immediate account ban and report to relevant law enforcement agencies (e.g., NCMEC).
  • Violence and Harassment: Content that promotes extreme violence, self-harm, or localized harassment is strictly forbidden.

Account termination for safety violations is final and will not be eligible for Gem refunds.

6. Intellectual Property and Copyright

Gemfluencer respects intellectual property rights.

  • Virtual Influencers Only: The Service is intended for the creation of unique, synthetic characters and virtual influencers.
  • Your Responsibility: You represent and warrant that your prompts and inputs do not infringe upon the intellectual property rights or privacy rights of any third party.
  • DMCA Policy: We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act.

7. Prohibited Conduct

You agree not to use the Service to:

  • • Attempt to reverse engineer AI models.
  • • Circumvent usage limits or safety filters.
  • • Impersonate any entity or individual without authorization.
  • • Use the Service for any illegal activities under applicable laws.

8. Disclaimers and Limitation of Liability

AS-IS BASIS: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GEMFLUENCER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

AI OUTPUT: GEMFLUENCER DOES NOT GUARANTEE THE UNIQUENESS OR COPYRIGHTABILITY OF AI-GENERATED OUTPUTS. DUE TO THE NATURE OF MACHINE LEARNING, OUTPUTS MAY BE SIMILAR ACROSS DIFFERENT USERS.

LIABILITY CAP: TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEMFLUENCER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

Questions about our Terms? Contact us at support@gemfluencer.io