Terms of Service

Effective date: 2025-10-22

These Terms of Service ("Terms") govern your access to and use of TokenKit (the "Service"), an API for AI-generated portraits and related image processing, provided by Bjorner Media AB ("Bjorner Media", "we", "us", or "our"). By using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

1. The Service and Account Registration

• The Service provides endpoints to create and edit images, manage jobs, view usage, and purchase credits.
• Frontend authentication is provided via Kinde; API access is authenticated with API keys issued to your account. You are responsible for safeguarding your API keys and any credentials. You must promptly notify us if you suspect unauthorized use.

2. Eligibility

• You must be at least 13 years old to use the Service. If you are in the EEA/UK, you must be at least the age of digital consent in your country (typically 16) or have verifiable parental consent.
• You must comply with all applicable laws and these Terms.

3. Fees, Credits, Billing, and Taxes

• The Service uses a prepaid credit model. Prices for billable items are published in the API or documentation and may change from time to time.
• Payments are processed by Stripe. You authorize us and our payment processor to charge your selected payment method for purchased credits and applicable taxes.
• The Service checks your balance before processing requests; if your balance is insufficient, requests may be rejected with HTTP 402.
• Credits are deducted when a job succeeds. Used credits are non-refundable except where required by law. We may refund or credit at our sole discretion.
• You are responsible for any taxes associated with your purchases, except taxes based on our net income.

4. Rate Limits and Fair Use

• We enforce rate limits on write operations per API key and generous limits on read endpoints. Limits may be communicated via response headers (for example, X-RateLimit-Limit, X-RateLimit-Remaining, and X-RateLimit-Reset) and are subject to change to maintain Service stability.
• We may throttle or suspend access if your usage harms the Service or violates these Terms.

5. Your Content, Outputs, and License

• "Content" means inputs you submit to the Service (including images, prompts, and metadata) and outputs returned by the Service (generated or edited images and related data).
• As between you and Bjorner Media, you retain ownership of your Content. You grant Bjorner Media a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display your Content solely to provide and improve the Service (including storage in our databases and object storage, generation via third-party model providers, quality assurance, security, and support).
• We do not train our models on your inputs or outputs unless you explicitly opt in.
• Outputs produced by generative models may not be unique and may be similar to outputs generated for others. You are responsible for reviewing outputs for accuracy and compliance with your policies and applicable laws.

6. Acceptable Use

You agree not to use the Service to:

• violate any laws or third-party rights (including intellectual property, privacy, and publicity rights);
• upload or process illegal content, exploitative or abusive content, or content involving minors;
• generate or process content intended to facilitate real-world harm, discrimination, or harassment;
• attempt to identify a person without a lawful basis or process biometric data without required notices/consents;
• probe, scan, or test the vulnerability of the Service, or disrupt or circumvent security and rate-limiting controls;
• reverse engineer or extract source code except as permitted by law.

7. Third-Party Services and Subprocessors

• The Service integrates with third-party providers to deliver functionality, including but not limited to: Kinde (authentication), Stripe (payments), Neon (database), Upstash (Redis and rate limiting), Cloudflare R2 (object storage/hosting), AWS Rekognition (face analysis), Google Generative AI, Replicate, BytePlus/ByteDance, and OpenAI (AI model providers).
• By using the Service, you authorize us to transfer and process your Content with these providers as necessary to provide the Service. Your use of third-party services may be subject to their terms and policies.

8. Privacy

• Our processing of personal data is described in the TokenKit Privacy Policy. By using the Service, you acknowledge that we will process personal data as described there.

9. Intellectual Property

• The Service, including software, documentation, and branding, is owned by Bjorner Media and its licensors. Except for the rights expressly granted, these Terms do not transfer any intellectual property rights to you.

10. Confidentiality

• Information not publicly available that we disclose to you, including non-public APIs and credentials, is confidential. You must not disclose or use such information except as necessary to use the Service.

11. Service Changes; Beta Features

• We may modify or discontinue features. We will use reasonable efforts to notify you of material changes.
• Beta or experimental features may be provided "as is" and may be modified or withdrawn at any time.

12. Suspension and Termination

• We may suspend or terminate access for violations of these Terms, risk, fraud, non-payment, or to comply with law. You may stop using the Service at any time. Upon termination, your license to use the Service ends.

13. Disclaimers

• THE SERVICE AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUTPUTS WILL BE ACCURATE, ERROR-FREE, OR SUITABLE FOR YOUR USE CASES.

14. Limitation of Liability

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, BJORNER MEDIA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.
• OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO BJORNER MEDIA FOR THE SERVICE IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

15. Indemnification

• You will defend, indemnify, and hold harmless Bjorner Media and its affiliates from and against any claims, losses, and expenses (including reasonable attorneys' fees) arising from or relating to your Content, your use of the Service, or your violation of these Terms or applicable law.

16. Export and Sanctions

• You represent that you are not located in a sanctioned jurisdiction and are not a sanctioned party. You will comply with all export and sanctions laws.

17. Governing Law and Venue

• Unless otherwise required by law, these Terms are governed by the laws of Sweden, without regard to conflict of laws rules. The exclusive venue for disputes arising out of or relating to these Terms or the Service will be the courts located in Stockholm, Sweden.

18. Changes to these Terms

• We may update these Terms from time to time. If we make material changes, we will provide notice (for example, by email or in-product notice). Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

19. Contact

• Bjorner Media AB
• Contact person: noah@tokenkit.co

If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Failure to enforce a provision is not a waiver.