Terms of Service

Last Updated: May 13, 2026

Welcome and thank you for your interest in Ophelia. These Terms of Service ("Terms," and together with any applicable Supplemental Terms as defined in Section 1.3, the "Agreement") describe the terms and conditions that apply to your use of (i) the website located at https://ophelias.ai and any of its subdomains (collectively, the "Website") and (ii) the services, content, and other resources available on or through the Website, including any application programming interfaces ("API") and our AI-powered content and video generation services (collectively, with the Website, the "Service"), provided by 1001480245 ONTARIO INC. ("Ophelia," "Company," "we," "us," or "our").

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH OPHELIA, AND (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

SUBSCRIPTIONS NOTICE. IF YOU SUBSCRIBE TO THE SERVICE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS OF THE SAME DURATION AT OPHELIA'S THEN-CURRENT FEE UNLESS YOU CANCEL IN ACCORDANCE WITH SECTION 10 BELOW.

AI-GENERATED CONTENT NOTICE. The Service uses third-party artificial intelligence models to generate content based on your inputs. AI-generated outputs may contain errors, inaccuracies, or unexpected content. You are solely responsible for reviewing and verifying any output before relying on or distributing it. See Section 12 below.

This Agreement is subject to change at any time as set forth in Section 17.6.

1. Use of the Service

1.1 Scope

The Service and content available on the Service are protected by applicable intellectual property laws. Your right to access and use the Service is subject to this Agreement. If you are accessing or using the Service on behalf of an entity, you represent that you have the authority to bind that entity, and "you" includes that entity. You also acknowledge and agree to our Privacy Policy, which is incorporated into this Agreement.

1.2 License

Subject to your compliance with this Agreement, Ophelia grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) access and use the Service; and (ii) access and use any APIs we make available to you, solely for your personal or internal business purposes.

1.3 Supplemental Terms

Use of certain features may be subject to additional terms ("Supplemental Terms"). Such terms will be presented to you at the time of use. If these Terms conflict with the Supplemental Terms, the Supplemental Terms control with respect to the relevant feature.

1.4 Updates

The Service is evolving. We may update the Service, with or without notice. You may need to update third-party software to continue using the Service. All updates are governed by this Agreement.

1.5 API Limitations

We may impose limits on: (i) the number of API calls; (ii) maximum file size; (iii) credit consumption rates; and (iv) any other API parameters we deem appropriate. We may impose or modify these limits without notice and may suspend API access if limits are exceeded.

2. Registration

2.1 Account

To access certain features, you may be required to register an account ("Account"). You shall: (i) provide true, accurate, current, and complete information; and (ii) keep that information up to date.

2.2 Account Responsibility

You have no ownership interest in your Account; all rights in the Account belong to Ophelia. You are responsible for all activity under your Account. You may not share your password or Account with anyone, and you must notify us immediately of any unauthorized use. You may not create an Account using a false identity, on behalf of someone other than yourself, or if you have previously been removed or banned. You may not maintain more than one Account at any time. Ophelia may reclaim usernames at any time.

3. Responsibility for Content

3.1 Types of Content

You acknowledge that any information, data, text, images, video, audio, prompts, or other materials accessible through the Service ("Content") is the sole responsibility of the party from whom it originated. You are entirely responsible for all Content you upload, submit, generate, or otherwise make available through the Service ("Your Content"), and other users are similarly responsible for their content ("User Content").

3.2 Storage

Unless otherwise agreed in writing, Ophelia has no obligation to store Your Content. We have no responsibility or liability for the deletion or accuracy of any Content, or for failure to store, transmit, or receive Content. We reserve the right to create reasonable limits on storage, processing capacity, file size, and similar parameters at our sole discretion.

3.3 Connected Accounts

You may link third-party services to your Account ("Connected Accounts"). By doing so: (i) you represent that you are entitled to grant us access; (ii) you represent that you are in good standing with the Connected Account; and (iii) you authorize us to access Content from the Connected Account as needed to provide the Service. We have no liability for any unavailability of, or change to, a Connected Account.

4. Ownership and Licenses

4.1 The Service

Except for Your Content, Ophelia and its licensors own all right, title, and interest in the Service, including all code, designs, models, themes, artwork, documentation, and software. You shall not remove, alter, or obscure any proprietary notices.

4.2 Your Content

Ophelia does not claim ownership of Your Content. When you make Your Content available through the Service, you represent that you own or have sufficient rights to grant the licenses below.

4.3 License to Your Content

You grant Ophelia a non-exclusive, transferable, worldwide, royalty-free, sublicensable right and license to use, copy, reproduce, modify, adapt, host, store, transmit, and display Your Content solely for the purpose of operating, providing, securing, and improving the Service for you. This license terminates when you delete Your Content or close your Account, except to the extent we are required to retain the Content for legal or operational reasons (such as backups or pending legal claims) as described in our Privacy Policy.

4.4 Inputs, Outputs, and Ownership

The Service uses artificial intelligence to process the prompts, reference materials, and other inputs you provide ("Inputs") and to generate content based on them ("Outputs"). As between you and Ophelia:

You own your Inputs. Ophelia does not claim ownership of Your Inputs.
You own your Outputs. Subject to your compliance with this Agreement, Ophelia assigns to you all rights, title, and interest that Ophelia may have in the Outputs generated through your use of the Service, including for commercial use.
Limitations on ownership. Because of the nature of generative AI, similar or identical Outputs may be generated for other users from similar Inputs. You acknowledge that you do not have exclusive rights to Outputs that are substantially similar to those generated for other users.

4.5 Our Position on AI Training

Ophelia does not use Your Content, Inputs, or Outputs to train, fine-tune, or improve any AI model owned or operated by Ophelia. Our content generation is powered by third-party AI model providers. Your Inputs are transmitted to those providers solely to fulfill your generation requests. Third-party providers are subject to their own data handling practices. See our Privacy Policy for more detail.

4.6 Username

By submitting Your Content to any non-private area of the Service, you permit Ophelia to identify you by your username (which may be a pseudonym) as the contributor of Your Content.

4.7 Feedback

If you submit ideas, suggestions, or proposals to us ("Feedback"), you grant us the right to use the Feedback without restriction, attribution, or compensation.

5. User Conduct and Restrictions

5.1 Prohibited Activities

You shall not (and shall not permit any third party to):

(i) use the Service for any purpose prohibited by this Agreement or applicable law;

(ii) take any action, make available any Content, or knowingly generate any Output that:

(a) is unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another's privacy, obscene, hateful, or otherwise objectionable;
(b) infringes any copyright, trademark, patent, trade secret, privacy, publicity, biometric, or other proprietary or contractual right;
(c) harms minors in any way, including any depiction of minors in a sexual, lewd, exploitative, or harmful manner;
(d) constitutes unauthorized advertising, spam, or bulk communication;
(e) involves unlawful commercial activities, contests, or pyramid schemes without our prior written consent;
(f) violates any applicable local, provincial, state, national, or international law;
(g) advocates, encourages, or assists any third party in the foregoing;

(iii) use the Service or any Outputs to develop, train, fine-tune, or improve any product, service, AI model, or machine-learning algorithm that competes with the Service.

5.2 Other Restrictions

You further agree not to:

(i) license, sell, rent, lease, transfer, assign, host, or commercially exploit the Service except as expressly authorized;

(ii) use framing techniques to enclose any Ophelia trademark, logo, or content;

(iii) use metatags or hidden text containing our name or trademarks;

(iv) modify, translate, adapt, disassemble, decompile, or reverse engineer any part of the Service, except as expressly permitted by applicable law;

(v) use any automated tools (scrapers, crawlers, bots, data-mining tools) to extract data from the Service;

(vi) remove or destroy proprietary markings;

(vii) impersonate any person or entity, including any Ophelia employee or representative;

(viii) interfere with the proper functioning of the Service, including by introducing viruses, attempting to bypass security features, or overloading, flooding, or otherwise disrupting the Service.

5.3 Inappropriate Content

Your Content and your Inputs may not contain sexually explicit material, nudity, violence, biometric data of others without consent, or content that is harmful, hateful, harassing, or otherwise offensive, as determined by Ophelia in its sole discretion. You may not upload an image, voice, or likeness of another person without that person's permission or sufficient rights to do so. Violation of this section terminates the licenses granted under this Agreement.

6. Monitoring and Enforcement

6.1 Monitoring

Ophelia may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review Content (including Your Content, Outputs, and User Content) at any time. You consent to such monitoring.

6.2 Moderation

We reserve the right to:

(a) remove or refuse to process any Content or Output for any reason in our sole discretion; (b) take any action with respect to Content or Output that we believe is necessary, including if it violates this Agreement, infringes any right, threatens harm, or could create liability for Ophelia; (c) disclose your identity to any third party claiming that your Content violates their rights; (d) cooperate with law enforcement and legal authorities; and (e) suspend or terminate your access to the Service for any reason, including violation of this Agreement.

6.3 Disclosure

We may disclose any information in our possession in connection with your use of the Service to: (i) comply with applicable laws, legal process, or governmental requests; (ii) enforce this Agreement; (iii) respond to claims that Your Content violates third-party rights; (iv) respond to your support requests; or (v) protect the rights, property, or safety of Ophelia, our users, or the public.

7. Interactions with Other Users

You are solely responsible for your interactions with other users. Ophelia reserves the right, but has no obligation, to intercede in disputes between users. The Service may contain User Content provided by other users; we do not control, endorse, or take responsibility for it. You use User Content at your own risk.

8. Third-Party Services

The Service may contain links to third-party websites, applications, and services ("Third-Party Services"), including third-party AI model providers used to fulfill generation requests. Third-Party Services are not under our control, and we are not responsible for them. Your use of any Third-Party Service is subject to that service's own terms and policies. We encourage you to review them.

9. Purchase Terms, Credits, and Refunds

9.1 Payment Processor

Ophelia uses Stripe, Inc. as its third-party payment processor. By making a purchase, you agree to Stripe's Privacy Policy and Terms of Service, and authorize us and Stripe to share information needed to complete transactions. Payment transactions may be subject to validation by Stripe and your card issuer.

9.2 Payment

You shall pay all fees and charges ("Fees") in accordance with the pricing in effect at the time of purchase. You authorize us and Stripe to charge your designated payment method for all Fees due. You must keep your payment information current. We reserve the right to change pricing at any time. Failure to provide valid payment information or our inability to collect payment is a material breach of this Agreement. Except as set forth here or as required by law, all Fees are non-refundable.

9.3 Refunds

Except as required by applicable law, Fees are non-refundable. You may request a refund within seven (7) days of your initial purchase, provided no Credits (defined below) have been used. Refunds apply only to initial purchases, not renewals.

9.4 Credits

You may receive or purchase credits ("Credits") to access certain Service features. Credits are prepaid amounts for use within the Service and may be subject to expiration as disclosed at the time of issuance. Unused Credits are forfeited upon Account cancellation. Credits have no cash value, are non-transferable, and are non-redeemable for cash except as required by law. We may change Credit terms, and the value of Services obtainable with Credits, at any time.

9.5 Promotional Credits

We may offer promotional or loyalty credits ("Promotional Credits"). Promotional Credits may expire, have no cash value, and are non-transferable.

9.6 Taxes

Fees do not include any applicable sales, use, value-added, goods and services (GST/HST), or similar taxes ("Taxes"). If we are legally required to collect Taxes, they will be added to the Fees. You are responsible for any Taxes not collected by us.

10. Subscriptions

10.1 Subscriptions

If you purchase access on a recurring basis (a "Subscription"), the Subscription Fee plus any applicable Taxes will be billed at the start of each billing period. We may change Subscription pricing in accordance with Section 17.6.

10.2 Automatic Renewal

Your Subscription will automatically renew at Ophelia's then-current price until you cancel. The renewal frequency (e.g., monthly, annually) is set at the time of signup and may be modified in your Account settings. By subscribing, you authorize us to charge your payment method at the start of each renewal period.

10.3 Cancelling

You may cancel your Subscription at any time through your Account settings or by contacting hello@ophelias.ai. Cancellation requests must come from the email associated with your Account.

10.4 Effect of Cancellation

If you cancel, you may continue to use the Subscription until the end of the current term. No prorated refunds will be provided.

10.5 Upgrades and Downgrades

Upgrades take effect immediately and any incremental fees will be charged. Downgrades take effect at the start of the next renewal period and may result in loss of features, content, or capacity, for which we are not liable.

11. Indemnification

You shall indemnify and hold Ophelia, its affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Company Party") harmless from any losses, costs, liabilities, and expenses (including reasonable legal fees) arising out of: (i) Your Content, Inputs, or Outputs; (ii) your misuse of the Service; (iii) your violation of this Agreement; (iv) your violation of any rights of another party; (v) your violation of any export control, sanctions, or data protection law; (vi) any dispute between you and a third party relating to the Service; or (vii) your violation of any applicable laws. We reserve the right to assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.

12. Disclaimer of Warranties

12.1 As-Is

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE (INCLUDING ANY OUTPUTS) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

12.2 AI Outputs

You acknowledge and agree that:

(i) Outputs are generated by artificial intelligence and may contain errors, inaccuracies, biased content, offensive material, or content that infringes third-party rights;

(ii) AI and machine learning are rapidly evolving fields with inherent risks, including factual inaccuracy, biased output, data security risks, IP infringement risks, and additional licensing constraints from underlying models;

(iii) you should not rely on Outputs as a sole source of truth, a substitute for professional advice, or fact;

(iv) you must independently verify the accuracy and appropriateness of any Output before relying on or distributing it;

(v) you are solely responsible for your use, distribution, or reliance on Outputs, including for compliance with applicable laws and third-party rights;

(vi) we expressly disclaim all liability arising from or relating to Outputs.

12.3 Service Availability

We make no warranty that: (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; or (iii) any information obtained through the Service will be accurate or reliable.

12.4 Downloads

Content downloaded through the Service is accessed at your own risk. You are responsible for any damage to your devices or data loss resulting from such use.

12.5 Beta Features

We may offer beta features for experimental purposes, without warranty, and may modify or discontinue them at any time.

12.6 Third Parties

We are not liable for the conduct of third parties, including providers of third-party AI models, payment processors, and external sites.

13. Limitation of Liability

13.1 Disclaimer of Certain Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, ON ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT YOU PAID US IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; OR (II) ONE HUNDRED CANADIAN DOLLARS (CAD $100).

13.3 Exclusions

Some jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some of the above limitations may not apply, and you may have additional rights.

13.4 Basis of Bargain

The limitations in this section are fundamental elements of the bargain between you and Ophelia.

14. Copyright and Intellectual Property Complaints

It is our policy to terminate the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that material on the Service infringes your copyright or other intellectual property right, please provide our designated agent with:

(i) an electronic or physical signature of the person authorized to act on behalf of the owner; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the allegedly infringing material is located on the Service; (iv) your address, telephone number, and email address; (v) a statement of good-faith belief that the disputed use is not authorized; (vi) a statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act on their behalf.

Notices should be sent to:

1001480245 ONTARIO INC. Attn: Legal 1007-215 Lonsdale Road, Toronto, ON M4V 0B4, Canada Email: hello@ophelias.ai

15. Term and Termination

15.1 Term

This Agreement begins when you first access the Service and continues until terminated as set forth here.

15.2 Termination by Ophelia

If you materially breach this Agreement, or if we are required to do so by law, we may suspend or terminate your access immediately and without notice. We may also terminate your access at any time without cause, in which case we will refund any pre-paid portion of an unused Subscription. We are not liable to you or any third party for termination.

15.3 Termination by You

You may terminate this Agreement at any time by closing your Account and ceasing to use the Service. Cancellation of a Subscription is governed by Section 10.

15.4 Effect of Termination

On termination, your right to use the Service ends. We may delete Your Content from our active systems. We are not liable for any deletion of Your Content. Provisions that by their nature should survive termination will survive, including ownership, licenses to us, warranty disclaimers, limitations of liability, indemnification, and dispute resolution.

15.5 No Subsequent Registration

If we terminate your Account for cause, you may not re-register under a different name.

16. Users Outside Canada

The Service is operated from Canada. Those who access the Service from outside Canada do so on their own initiative and are responsible for compliance with local law. The Service may not be available or appropriate in all jurisdictions.

17. General Provisions

17.1 Governing Law and Jurisdiction

This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

17.2 Dispute Resolution

Subject to applicable consumer protection law, you and Ophelia agree to first attempt to resolve any dispute informally by contacting us at hello@ophelias.ai. If we cannot resolve the dispute within sixty (60) days, the courts located in Toronto, Ontario shall have exclusive jurisdiction over any dispute, claim, or controversy arising out of or relating to this Agreement or the Service, and you consent to the personal jurisdiction of those courts.

17.3 Electronic Communications

You consent to receive communications from us electronically (including via email or notices posted in the Service). You agree that electronic communications satisfy any legal requirement for written communications.

17.4 Assignment

You may not assign or transfer this Agreement without our prior written consent. We may assign or transfer this Agreement freely. Any attempted assignment in violation of this section is void.

17.5 Force Majeure

We are not liable for delays or failures caused by events outside our reasonable control, including acts of God, war, terrorism, pandemics, cyber attacks, internet outages, unavailability of third-party AI models, API failures, or labor or supply disruptions.

17.6 Updates to This Agreement

We may modify this Agreement at any time by posting an updated version on the Service and updating the "Last Updated" date. If you have an Account, we will also notify you via email when material changes are made. Your continued use of the Service after the effective date constitutes acceptance of the updated Agreement. If you do not agree, stop using the Service.

17.7 Waiver and Severability

Our failure to enforce any provision is not a waiver. If any provision is held invalid or unenforceable, the remaining provisions will remain in effect.

17.8 Export Control

You may not use or export the Service in violation of applicable Canadian, U.S., or international export-control, sanctions, or trade laws. You represent that you are not located in an embargoed jurisdiction and are not on any government list of restricted parties.

17.9 Language

The parties have expressly required that this Agreement and all related documents be drawn up in English. Les parties ont expressément exigé que la présente convention et tous les documents qui s'y rattachent soient rédigés en anglais.

17.10 Notice

You are responsible for maintaining a valid email address. Notices to you may be sent to that email. Notices to us should be sent to:

1001480245 ONTARIO INC. Attn: Legal 1007-215 Lonsdale Road, Toronto, ON M4V 0B4, Canada Email: hello@ophelias.ai

17.11 Entire Agreement

This Agreement, together with the Privacy Policy and any Supplemental Terms, constitutes the entire agreement between you and Ophelia regarding the Service and supersedes all prior agreements on the subject.

17.12 Contact

Questions, complaints, or claims regarding the Service should be directed to hello@ophelias.ai.