Terms of Service

Last Updated: November 21, 2025

These Terms of Service ("Terms") govern your access to and use of NDEY Enhance (the "Service") provided by NDEY AI. By accessing or using the Service, you agree to be bound by these Terms.

1. Service Provider

NDEY AI
Benderstraße 99
40625 Düsseldorf, Germany
Email: support@ndey-enhance.com
Legal: legal@ndey-enhance.com

2. Description of Service

NDEY Enhance provides AI-powered image enhancement and short video generation tools. The Service operates on a credit-based system where users purchase tokens that can be used to access various AI features.

3. User Accounts

To use the Service, you must create an account by providing accurate and complete information. You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use of your account

You must be at least 18 years old or have parental/guardian consent to use the Service.

4. Payment and Billing

The Service offers token packages for one-time purchase:

Standard Plan: 100 tokens for €19.99
Premium Plan: 400 tokens for €39.99
Ultra Plan: 1,200 tokens for €79.99

Payment Processing: Payment processing services for NDEY Enhance are provided by Stripe and are subject to the Stripe Services Agreement. By making a purchase, you agree to be bound by Stripe's Services Agreement and authorize us to share your payment information with Stripe for the purpose of processing payments.

All payments are processed in Euros (EUR). Prices include applicable VAT where required. There are no recurring charges or automatic renewals – all purchases are one-time payments.

Tokens are added to your account immediately upon successful payment and do not expire unless your account is terminated for violation of these Terms.

5. Refund Policy

Please review our Refund Policy for detailed information about refunds and cancellations. In summary:

Refunds are available within 14 days of purchase if you have used less than 10% of purchased tokens
Technical issues preventing service use may qualify for refunds outside the standard window
Refund requests must be submitted to support@ndey-enhance.com

6. Fair Use and Service Limits

Usage is subject to fair use policies and technical limitations:

Each feature consumes a specified number of tokens as displayed in the Service
Rate limits may apply to prevent abuse and ensure service availability
Excessive or automated usage may result in account suspension

7. Content and Intellectual Property

Your Content: You retain ownership of content you upload to the Service. By uploading content, you grant us a limited license to process, store, and display your content solely to provide the Service to you.

Generated Content: You retain rights to AI-generated outputs created using the Service, subject to any limitations imposed by applicable law or third-party licenses.

Your Representations: You represent and warrant that:

You own or have the necessary rights to all content you upload
Your content does not infringe any third-party intellectual property rights
Your use of the Service complies with our Acceptable Use Policy

Our Rights: The Service, including its design, features, and underlying technology, is owned by NDEY AI and protected by copyright, trademark, and other intellectual property laws.

8. Prohibited Activities

You agree not to use the Service to:

Violate any applicable laws or regulations
Infringe on the rights of others
Upload illegal, harmful, or inappropriate content
Create deepfakes or manipulated media of real persons without consent
Attempt to bypass technical limitations or security measures
Resell or redistribute the Service without authorization
Use automated systems to access the Service except as explicitly permitted

Please review our Acceptable Use Policy for complete details.

9. Service Availability and Modifications

We strive to provide reliable service but do not guarantee uninterrupted availability. We reserve the right to:

Modify, suspend, or discontinue any aspect of the Service with reasonable notice
Perform scheduled and emergency maintenance
Update these Terms by posting revised terms and notifying users

10. Account Termination

By You: You may close your account at any time by contacting support. Unused tokens are subject to our Refund Policy.

By Us: We may suspend or terminate your account if you:

Violate these Terms or our Acceptable Use Policy
Engage in fraudulent activity or chargebacks
Pose a security or legal risk

Upon termination, your access will cease and unused tokens will be forfeited unless otherwise required by law.

11. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability, fitness for a particular purpose, or non-infringement
Warranties regarding availability, reliability, or accuracy
Warranties that the Service will be error-free or secure

AI-generated outputs may contain errors or inaccuracies. You are responsible for reviewing and verifying all outputs before use.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

NDEY AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages
Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim
We are not liable for losses resulting from your use or inability to use the Service, unauthorized access, or third-party actions

Some jurisdictions do not allow limitations on implied warranties or liability for incidental or consequential damages, so the above limitations may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless NDEY AI, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any rights of another party
Content you upload or generate using the Service

14. Dispute Resolution and Governing Law

Governing Law: These Terms are governed by the laws of Germany, without regard to conflict of law principles.

Jurisdiction: Any disputes shall be subject to the exclusive jurisdiction of the courts in Düsseldorf, Germany.

Informal Resolution: Before filing any formal claim, please contact us at legal@ndey-enhance.com to attempt to resolve the dispute informally.

15. Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal data in compliance with GDPR and applicable data protection laws.

16. Third-Party Services

The Service may integrate with or link to third-party services. Your use of such services is governed by their respective terms and policies. We are not responsible for third-party services, including Stripe's payment processing.

17. Changes to Terms

We may update these Terms from time to time. If we make material changes, we will notify you via email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after changes constitutes acceptance of the updated Terms.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, Refund Policy, and Acceptable Use Policy, constitute the entire agreement between you and NDEY AI regarding the Service.

20. Contact Information

For questions about these Terms, please contact:
Email: legal@ndey-enhance.com
Support: support@ndey-enhance.com