Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Misu platform, including all features, tools, services, and content available at misu.agency (the "Platform"), operated by Misu Labs AB, a company registered in Sweden ("Misu", "we", "us", or "our").

By creating an account, accessing the Platform, or clicking "I Agree", you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity ("Brand"), you represent that you have authority to bind that entity.

If you do not agree, do not use the Platform.

1. Definitions

• "Platform" means the Misu web application, APIs, tools, AI models, and associated services.
• "Brand" means the company or individual that holds a Misu account.
• "User" means any individual who accesses the Platform on behalf of a Brand.
• "Uploaded Content" means any images, files, text, data, or materials you upload to the Platform, including product photographs, reference images, brand guidelines, and campaign briefs.
• "Trained Model" means a custom AI model (LoRA fine-tune) generated by the Platform based on your Uploaded Content.
• "Generated Content" means any image, video, or other output produced by the Platform's AI tools using your prompts, Uploaded Content, Trained Models, or Platform Talent.
• "Platform Talent" means the AI model characters available on the Platform, including both real human-trained models and digital avatar models listed in the Talent roster.
• "Digital Avatar" means a Platform Talent character that is fully AI-generated with no associated real human identity.
• "Real Human Model" means a Platform Talent character trained on the likeness of a real, consenting individual under a separate agreement between that individual and Misu.
• "Credits" means the consumption units used to access generation, training, and editing features, allocated according to your subscription plan.
• "Managed Service" means the human-assisted creative production service included in the Managed plan tier.
• "On-Brand Guarantee" means Misu's commitment, applicable to certain plan tiers, that generations not meeting an approved brand standard will not count against your credit balance, as further described in Section 6.

2. Eligibility and Account Registration

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Platform. By using the Platform, you represent that you meet these requirements.

2.2 Account Registration

To access the Platform, you must register for an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

2.3 Team Accounts

Brands may invite team members to access the Platform under their account. Each Brand is responsible for ensuring its team members comply with these Terms. Role-based permissions (Owner, Admin, Creator, Viewer) govern what each team member can access and do within the Platform.

2.4 Account Security

You must notify us immediately at legal@misu.agency if you become aware of any unauthorised access to your account. We are not liable for losses resulting from unauthorised use of your account where you failed to notify us promptly.

3. Subscription Plans and Billing

3.1 Plans

The Platform is offered under the following plan tiers:

Plan features, token allocations, and pricing are subject to change with 30 days' prior written notice. Changes will not apply to the current billing period.

3.2 Billing

For paid plans, billing is monthly in advance. By subscribing, you authorise us to charge your payment method on a recurring basis on the same day each month. All amounts are quoted and charged in euros (EUR) excluding VAT. Applicable taxes will be added at checkout where required by law.

3.3 Failed Payments

If a payment fails, we will attempt to retry the charge and notify you by email. If payment is not resolved within 7 days, your account may be restricted or downgraded. We will not delete your data without giving you a reasonable opportunity to download it.

3.4 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partially used periods, except as required by applicable law.

3.5 Free Plan

The Studio (Free) plan is provided at no charge. We reserve the right to modify, limit, or discontinue the free tier at any time with 30 days' notice.

3.6 EU Consumer Rights

If you are located in the EU and sign up as an individual consumer (not a business), you may have a 14-day right of withdrawal from a paid subscription under the EU Consumer Rights Directive (Directive 2011/83/EU). This right is forfeited once digital content delivery has begun with your consent. By starting to use a paid plan immediately after purchase, you acknowledge and consent to the commencement of service and waive the right of withdrawal to the extent permitted by law.

4. Credits and Usage

4.1 Credit Allocation

Each subscription plan includes a monthly credit allocation. Credits reset on the first day of each billing period and do not roll over unless otherwise stated in your plan.

4.2 Credit Consumption

One token is valued at €0.005 (200 tokens = €1). Token costs are derived from the underlying generation cost of the model selected, so they vary by model, output resolution, and — for video — clip duration. Live per-action costs are shown in your account dashboard before you generate, and may be updated with 14 days' notice. Approximate costs at the time of writing:

• Standard image: approximately 20 tokens per image
• High-quality image: approximately 34 tokens per image
• Video: priced per second of output — approximately 156 tokens for a 5-second clip and 2,517 tokens for a 15-second cinematic clip
• Custom model (LoRA) training: approximately 1,667 tokens per model
• Image editing tools: approximately 15–30 tokens per edit, varying by tool

Where a generation fails for technical reasons, the tokens charged for it are automatically refunded to your balance.

4.3 Free Plan

The Free plan carries no monthly token allocation. Generation requires either a paid plan or a token balance credited to your account.

4.4 No Carryover

Your monthly plan allocation resets at the start of each billing period. Unused allocation from the previous period expires and has no cash value.

Tokens credited to your account outside the monthly plan allocation — including goodwill credits — do not expire at the end of a billing period and are consumed only after the monthly allocation has been exhausted.

5. Intellectual Property

5.1 Your Uploaded Content

You retain all ownership rights in your Uploaded Content. By uploading content to the Platform, you grant Misu a non-exclusive, worldwide, royalty-free licence to use, process, store, reproduce, and transmit your Uploaded Content solely for the purpose of providing the Platform services to you. This licence terminates when you delete the content or close your account, subject to our data retention policy.

5.2 Trained Models

Trained Models (LoRA fine-tunes) created from your Uploaded Content are associated exclusively with your account. You own the commercial outputs generated from your Trained Models. Misu does not use your Trained Models to generate content for any other Brand or third party.

5.3 Generated Content

Subject to your compliance with these Terms and payment of applicable fees, you own the Generated Content produced from your account. Misu assigns to you all right, title, and interest in Generated Content created through your account, to the fullest extent permitted by law.

5.4 AI-Generated Content Notice

You acknowledge that Generated Content is produced by artificial intelligence systems. Current EU and UK copyright law does not recognise autonomous AI authorship. You are responsible for assessing whether Generated Content meets any intellectual property requirements for your specific commercial use. For high-value commercial applications (advertising campaigns, product launches), independent legal review is recommended.

5.5 Third-Party IP in Generated Content

You are responsible for ensuring that your use of Generated Content does not infringe the intellectual property rights of third parties, including rights in brand elements, trademarks, or recognisable individuals that you incorporate into your prompts or Uploaded Content. Misu does not screen Generated Content for third-party IP.

5.6 Platform IP

The Platform, including its software, AI infrastructure, user interface, design systems, prompt engineering, training pipelines, and Platform Talent roster, is owned by Misu or its licensors. Nothing in these Terms grants you any rights in the Platform itself beyond the right to use it as described here.

5.7 Trademark

"Misu", "Character Lock", and related marks are trademarks of Misu Labs AB. You may not use these marks without our prior written consent.

6. Platform Talent and AI Model Use

6.1 Digital Avatars

Digital Avatar characters are available for immediate use by all eligible plan holders. Generated Content featuring Digital Avatars is subject to the IP terms in Section 5.

6.2 Real Human Models — Booking Requirement

Real Human Model characters (those trained on the likeness of a real person) require a booking request. You must submit a booking request through the Platform, providing:

• Brand / company name
• Contact email
• Campaign type
• Preferred dates
• Campaign brief

Bookings are reviewed and confirmed by the Misu team within 24 hours. Generation using a Real Human Model character is only permitted after booking confirmation.

6.3 Permitted Use of Real Human Model Likenesses

Upon booking confirmation, you are granted a limited, non-exclusive, non-transferable licence to generate and use images and videos featuring the confirmed Real Human Model character solely for the campaign type and scope described in your booking request. Use outside the confirmed scope is not permitted.

6.4 Prohibited Uses of Real Human Model Likenesses

You must not use Generated Content featuring Real Human Models:

• In political advertising, propaganda, or election-related materials
• In adult, sexually explicit, or pornographic content
• In content depicting illegal activity, violence, or hate speech
• To misrepresent the real person's views, identity, or affiliation
• In any way that would bring the real person into disrepute
• For any purpose not stated in the booking request

Violation of this section may result in immediate account suspension and legal action.

6.5 Character Lock

The Character Lock feature maintains visual consistency of a model character across generations. Character Lock is a technical feature and does not expand your licence beyond what is granted in a confirmed booking.

6.6 Model Royalties

Real Human Models receive royalties from bookings as part of their agreement with Misu. These royalty obligations are between Misu and the model and do not create any direct relationship or obligation between you and the model.

7. On-Brand Guarantee

7.1 Eligibility

The On-Brand Guarantee applies to Studio Pro, Studio Unlimited, and Enterprise subscribers.

7.2 How It Works

If a generation does not meet the brand standard you have defined through your approved brand guidelines, style references, and Trained Models, and you submit a guarantee claim within 48 hours of the generation, the tokens consumed by that generation will be refunded to your account.

7.3 Claim Process

To submit a claim: open the generation in your Library, select "Request Guarantee Review", and provide a brief explanation of how the output does not meet your brand standard. Claims are reviewed within 2 business days.

7.4 Limitations

The On-Brand Guarantee does not apply where:

• The brand guidelines or style references provided are incomplete or ambiguous
• The generation prompt deviates substantially from the brand brief
• The claim is submitted more than 48 hours after generation
• The Brand has already commercially used the output in question
• The failure is caused by a third-party AI provider issue outside Misu's control

7.5 Managed Service Delivery

For the Managed plan, the 48-hour delivery commitment is a target. We will notify you promptly if a delivery timeline cannot be met. Delays caused by incomplete briefs, slow client approvals, or third-party API outages are excluded from this commitment.

8. Acceptable Use

You must not use the Platform to:

• Generate content that is sexually explicit, obscene, or pornographic
• Generate content depicting minors in any inappropriate context
• Generate content that depicts, incites, or glorifies violence, terrorism, or self-harm
• Generate content that is defamatory, harassing, or discriminatory toward any individual or group
• Impersonate real, identifiable persons (other than through confirmed Real Human Model bookings as permitted under Section 6)
• Generate counterfeit product imagery intended to deceive consumers
• Violate any applicable law, regulation, or third-party right
• Attempt to reverse-engineer, extract, copy, or replicate the Platform's AI models, training pipelines, or proprietary systems
• Scrape, harvest, or systematically extract data from the Platform
• Use the Platform in any way that could damage, disable, or impair its operation
• Circvent or attempt to circumvent access controls, subscription limits, or credit systems
• Share account credentials with individuals outside your Brand's team

We reserve the right to review, restrict, or remove any content generated through the Platform that violates these Terms, without notice.

9. Third-Party Integrations and Services

9.1 Third-Party AI Providers

The Platform uses third-party AI infrastructure to deliver its services, including FAL.AI, Replicate, Anthropic, and OpenAI. Your use of the Platform is subject to their applicable usage policies. While we take reasonable steps to ensure provider reliability, we are not liable for outages, errors, or changes in third-party AI provider capabilities or policies.

9.2 Shopify and Marketing Platform Integrations

The Platform offers optional integrations with Shopify, Meta, Google, TikTok, Snapchat, and LinkedIn ("Third-Party Platforms"). When you connect a Third-Party Platform:

• You authorise Misu to access and exchange data with that platform on your behalf, scoped to the features you enable
• You remain responsible for your compliance with that platform's terms of service
• Misu is not liable for actions taken by Third-Party Platforms in connection with your account

9.3 Data Shared with Third Parties

Data shared with third-party services in the course of platform operation is governed by our Privacy Policy. We maintain data processing agreements with third-party providers as required by applicable law.

10. Privacy and Data Protection

Your use of the Platform is governed by our Privacy Policy, available at https://misu.agency/privacy, which is incorporated into these Terms by reference.

We process personal data as a data controller under the EU General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679). For EU-based users, your rights under GDPR, including rights of access, erasure, and portability, are set out in the Privacy Policy.

Where you upload content that contains personal data of third parties (for example, photographs of individuals), you are the data controller of that content and are responsible for ensuring you have a lawful basis for processing it and for informing those individuals.

11. AI Transparency and the EU AI Act

11.1 AI-Generated Content Disclosure

The Platform generates synthetic images and videos using artificial intelligence. You acknowledge that all outputs from the Platform are AI-generated and agree not to present Generated Content as original, human-produced photography without appropriate disclosure, where such disclosure is required by law or platform rules (including advertising standards and social media platform policies).

11.2 EU AI Act

Misu operates in compliance with Regulation (EU) 2024/1689 (the EU AI Act) as applicable to its systems. Where watermarking or disclosure requirements apply to Generated Content featuring real human likenesses, Misu will implement technically feasible measures and will notify you of any obligations this places on downstream commercial use.

12. Confidentiality

Each party may receive confidential information of the other party in connection with use of the Platform. Each party agrees to keep such information confidential, not to disclose it to third parties, and to use it only in connection with the Platform.

"Confidential Information" does not include information that: (a) is or becomes publicly known other than through breach of this clause; (b) was known before disclosure; (c) is received from a third party without restriction; or (d) is required to be disclosed by law or court order.

For Managed plan customers, Misu treats your brand guidelines, briefs, and campaign materials as confidential.

13. Indemnification

You agree to indemnify, defend, and hold harmless Misu and its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising from:

• Your use of the Platform in violation of these Terms
• Your Uploaded Content, including any claim that it infringes a third party's intellectual property rights or violates applicable law
• Your Generated Content and how you use it commercially
• Your breach of any representation, warranty, or obligation under these Terms

14. Disclaimer of Warranties

The platform is provided "as is" and "as available". To the fullest extent permitted by applicable law, Misu disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The Platform will be uninterrupted, error-free, or free from harmful components
• Generated Content will be accurate, suitable for any particular use, or free from third-party IP claims
• The Platform will meet your specific business requirements

Nothing in this section limits any statutory rights you may have as a consumer under applicable law.

15. Limitation of Liability

15.1 Cap on Liability

To the fullest extent permitted by applicable law, Misu's total liability to you for all claims arising out of or related to these Terms or your use of the Platform shall not exceed the greater of:
(a) The total fees paid by you to Misu in the 12 months preceding the claim, or
(b) €100.

15.2 Excluded Damages

In no event shall Misu be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunity, even if advised of the possibility of such damages.

15.3 Exceptions

Nothing in this section limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be limited by law.

16. Term and Termination

16.1 Term

These Terms remain in effect for as long as you maintain an account with Misu.

16.2 Termination by You

You may terminate your account at any time by cancelling your subscription and deleting your account through your account settings, or by contacting us at legal@misu.agency.

16.3 Termination by Misu

We may suspend or terminate your account if:

• You breach these Terms
• You fail to pay amounts due
• Your use of the Platform poses a legal, reputational, or security risk to Misu or third parties
• We are required to do so by law

We will give you reasonable notice before termination where practicable, except in cases of serious breach, legal requirement, or urgent risk.

16.4 Effect of Termination

On termination: (a) your licence to use the Platform ends; (b) you must cease all use of the Platform; (c) Misu will retain your data as described in the Privacy Policy; (d) provisions that by their nature should survive termination will do so, including Sections 5, 8, 13, 14, 15, and 17.

16.5 Data on Termination

Following account closure, we will retain your data for 30 days during which you may request an export, after which it will be deleted in accordance with our Privacy Policy.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of Sweden, without regard to conflict of law principles.

17.2 Jurisdiction

The parties submit to the exclusive jurisdiction of the courts of Sweden to resolve any dispute arising under or in connection with these Terms, subject to any mandatory consumer protection forum rules.

17.3 Informal Resolution

Before initiating formal proceedings, the parties agree to attempt in good faith to resolve any dispute by direct negotiation for at least 30 days following written notice of the dispute.

17.4 EU Online Dispute Resolution

For EU-based consumers, the European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr. Our contact email for ODR purposes is legal@misu.agency.

18. Changes to These Terms

We may update these Terms from time to time. For material changes, we will notify you by email and/or by displaying a prominent notice in the Platform at least 30 days before the changes take effect. Your continued use of the Platform after the effective date of updated Terms constitutes acceptance of the changes.

If you do not accept updated Terms, you may cancel your account before the effective date.

19. Miscellaneous

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any order form or statement of work, constitute the entire agreement between you and Misu regarding the Platform and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is held unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

19.3 Waiver

Failure to enforce any provision of these Terms will not constitute a waiver of the right to enforce it later.

19.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. Misu may assign its rights in connection with a merger, acquisition, or sale of all or substantially all of its assets, with notice to you.

19.5 Force Majeure

Neither party will be liable for delays or failures in performance caused by circumstances beyond their reasonable control, including acts of God, war, cyberattacks, third-party infrastructure failures, or changes in law.

19.6 No Third-Party Beneficiaries

These Terms do not create any rights in any third party, except as expressly stated (e.g., Real Human Models under Section 6.6).