Terms of Service

These Terms of Service ("Terms") are an agreement between you and Spectonomous LLC ("Brookwake", "we", "us"), {{LEGAL_ADDRESS}}. Brookwake is a brand of Spectonomous LLC. These Terms cover your use of Brookwake at https://brookwake.com, its studio, its library, its share links and its MCP connection (together, the "Service"). By creating an account or using the Service you accept these Terms, the Acceptable Use Policy and the Privacy Policy.

1. Who can use the Service

• You must be 18 or older. We ask for your age when you sign up. If you tell us you are under 18, the account is blocked and can't be used again.
• You sign in with a Google account. You are responsible for keeping that Google account secure and for everything done through your Brookwake account.
• One person per account. Don't share your account, sell it or let anyone else use it.
• At launch, paid plans are available only with a United States billing address.

2. Your account

• Keep your details accurate. We may contact you at the email address of your Google account about your account, billing and these Terms.
• You can export your data and delete your account at any time from Account → Privacy, as described in the Privacy Policy.
• We may suspend or restrict an account to protect the Service, other people or us, including while we investigate a payment dispute, a report or a possible breach of these Terms.

3. Plans and credits

• The Service is sold as monthly or annual subscription plans. Each plan includes a number of credits that you spend on generations. The price of each generation is shown in credits before you create it.
• Credits are not money. They have no cash value, can't be transferred, sold or exchanged, and are never cashable or refundable as cash, except where the Refund Policy or the law says otherwise.
• Subscription credits are granted at the start of each billing period (each month for annual plans) and expire at the end of that period. Unused credits don't roll over.
• Top-up credits can be bought only while you have an active subscription. They are valid for 90 days. If your subscription ends, top-up credits can't be used until you subscribe again, and they still expire on their date. Top-ups are limited to 3 per day to help prevent fraudulent charges.
• When a model is busy, a generation may wait in line for up to 30 minutes; if it can't start in that time, it is cancelled and its credits are returned.
• If a generation fails or is blocked by our safety checks, its credits are returned automatically. The one exception is suspected child sexual abuse material, described in the Acceptable Use Policy.
• Prices and plans may change. We'll tell you before a change affects your next renewal. You can cancel before it takes effect.

4. Billing, renewals and cancelling

• Payments are processed by Stripe. Subscriptions renew automatically at the end of each period until you cancel.
• You can cancel at any time from Account → Billing. When you cancel, your plan stays active until the end of the current period, and your remaining subscription credits can be used until then.
• After your paid period ends, your library stays readable and downloadable for 30 days. After that, your generated media is permanently deleted. Your account, billing history and credit history remain.
• No refunds, except as set out in the Refund Policy.
• If you dispute a payment with your bank, your account may be frozen while the dispute is open.

5. Your content

• "Your content" means the prompts, settings, uploads and other inputs you provide, and the images, video and audio the Service creates for you ("outputs").
• You keep any rights you have in your content. You give us a limited licence to store, process, check, display and send your content only to run the Service for you: to create outputs, run safety checks, show your library, and serve share links you create.
• We don't train on your content. We don't use your prompts, uploads or outputs to train AI models, and we don't sell them.
• Outputs are created by third-party AI models. Similar prompts can produce similar outputs for other users, and outputs may not be protectable by copyright in every country. You are responsible for how you use your outputs.
• You are responsible for having the rights and permissions for everything you upload, including the consent of any person whose face or voice you use, as described in the Likeness & Consent Policy.
• Every output is labelled as AI-generated on share pages and in the library, and downloads carry an "AI-generated" note in their metadata where the file format allows. Don't remove these labels to mislead anyone.

6. Acceptable use

You must follow the Acceptable Use Policy. In short: no sexual content of any kind, nothing involving minors, no non-consensual intimate imagery, no use of real people's likeness without consent, no impersonation or fraud, no violent extremism, hate or self-harm promotion, and no infringement of other people's rights. Our safety checks run on every prompt, upload and output, and breaches lead to strikes, suspension or termination.

7. Third-party services

The Service relies on third-party AI models and infrastructure providers, listed in the Privacy Policy. Their availability and output can change. A model may be withdrawn, replaced or limited in some regions, and we may change which models are offered at any time.

8. MCP and API access

If you connect an MCP client, it acts on your behalf with your account and your credits. You can revoke a connection at any time from Account → Connections. Rate limits apply.

9. Suspension and termination

• You can stop using the Service and delete your account at any time.
• We may suspend or terminate your account, with or without notice, if you breach these Terms or the Acceptable Use Policy, if required by law, or to protect people or the Service. Accounts involved in child sexual abuse material are terminated permanently, with no refund, and reported to the authorities.
• If we terminate your account for a breach, unused credits are forfeited. If we end the Service for everyone, we'll give reasonable notice and refund any prepaid, unused subscription period as required by law.
• Sections 3 (credits are not money), 5, 10, 11, 12 and 13 survive termination.

10. Disclaimers

The Service is provided "as is" and "as available". AI outputs can be inaccurate, unexpected or unsuitable, and generation can fail or be delayed. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don't promise the Service will be uninterrupted or error-free, or that any particular model will stay available.

11. Limitation of liability

To the fullest extent the law allows, Spectonomous LLC is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim relating to the Service is limited to the amount you paid us in the 12 months before the claim. Some jurisdictions don't allow these limits, so they may not apply to you.

12. Indemnity

You agree to defend and indemnify Spectonomous LLC against claims arising from your content, your use of outputs, or your breach of these Terms or the law.

13. Governing law and disputes

These Terms are governed by the laws of {{GOVERNING_LAW}}, United States, without regard to its conflict-of-laws rules. Disputes will be resolved in the courts located in {{GOVERNING_VENUE}}, unless the law where you live gives you the right to bring a claim elsewhere.

14. Changes to these Terms

We may update these Terms. Each version has a version number and an effective date at the top of this page. When the Terms of Service or the Acceptable Use Policy change, we'll ask you to accept the new version the next time you use the Service. If you don't accept, you can export your data and delete your account.

15. Contact

Questions about these Terms: {{SUPPORT_EMAIL}}, or by post to Spectonomous LLC, {{LEGAL_ADDRESS}}.