Terms of Service

Radiate – Terms of Service

Effective Date: April 19, 2026
Version: 1.2
Entity: Radiate Validator LLC (“Radiate,” “we,” “us,” or “our”) - Los Angeles, CA, USA
Contact: support@radiatestudio.ai

1. Overview

1.1

These Terms of Service (“Terms”) govern your access to and use of Radiate Studio, Radiate Art, our applications, websites, APIs, accounts, public galleries, community features, and related creative-AI services operated by Radiate Validator LLC, including radiatestudio.ai, app.radiatestudio.ai, radiate.art, radiatevalidator.com, and any related websites or services that link to these Terms (collectively, the “Services”).

1.2

By creating an account, clicking to accept these Terms, or otherwise using the Services where assent by use is legally sufficient, you agree to be bound by these Terms. If you do not agree, you must not use the Services, except where applicable law provides mandatory consumer rights that cannot be waived by contract.

2. Eligibility and Accounts

2.1

You must be at least 18 years old and legally capable of entering into a binding contract. The Services are not available to individuals under 18.

2.2

You are responsible for all activity under your account and for safeguarding your credentials.

2.3

You must provide accurate, current information and promptly update it.

2.4

Radiate may suspend or terminate accounts that violate these Terms or pose risk to the Services.

3. Beta and Experimental Features

3.1

Some features are provided as pre-release or beta. They are supplied “as is” to the extent permitted by law, may change or be removed, and may process data through third-party environments necessary to deliver functionality, in accordance with the Privacy Policy and applicable data-protection laws.

4. User Content and License to Radiate

4.1

You retain ownership of all prompts, uploads, and materials you provide (“User Content”).

4.2

You grant Radiate a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display User Content solely to operate, maintain, and secure the Services, debug and improve reliability and performance, ensure safety, and comply with applicable law. This license does not permit Radiate to train third-party foundation models on your private User Content without your explicit opt-in consent.

4.3

You are responsible for obtaining any necessary rights or permissions for your User Content.

If you post comments, profile information, reactions, submissions, or other content through Radiate Art or other public/community features, you grant Radiate a worldwide, non-exclusive, royalty-free license to host, reproduce, display, transmit, moderate, remove, and otherwise use that content as necessary to operate, provide, secure, moderate, and improve the Services. You are responsible for ensuring you have the rights necessary to post or share any such content.

5. AI-Generated Output

5.1

Subject to applicable third-party terms, Radiate assigns to you all rights it can assign in the outputs generated from your prompts (“Outputs”). Where assignment is not possible, Radiate grants you a perpetual, worldwide, royalty-free license to use the Outputs for lawful purposes. You acknowledge that, under applicable law, some Outputs may not be eligible for copyright protection or may have limited protectability depending on factors such as human authorship and originality.

5.2

Because models may produce similar results for different users, Radiate cannot guarantee Outputs are unique.

5.3

You grant Radiate a limited, revocable license to host, reproduce, and publicly display any Outputs you affirmatively choose to share publicly through the Services, including in product galleries, showcases, or marketing materials directly related to the Services, solely to demonstrate or promote the Services. You may revoke this license prospectively at any time by deleting or making the Output private.

5.4

Outputs must not be used as a substitute for professional legal, financial, or medical advice.

5.5

Service Operation License. You grant Radiate a non-exclusive, worldwide, royalty-free license to use User Content and Outputs solely to operate, maintain, and secure the Services, including content moderation and safety review, and to debug and improve reliability and performance. Radiate does not use your private or unpublished User Content or Outputs to train third-party foundation models without your explicit opt-in consent, and does not use them for external marketing without your permission.

5A. Radiate Art and Public Gallery Features

Radiate Art may display AI-generated, AI-assisted, curated, edited, experimental, user-shared, or Radiate-created visual or audiovisual content. Unless expressly stated otherwise, Radiate Art content is provided for viewing, inspiration, demonstration, community interaction, and showcase purposes only.

Some Radiate Art features, including liking, commenting, saving, sharing, following, or other interactions, may require a Radiate Studio account. Your use of those features is subject to these Terms, our Privacy Policy, Cookie & Preferences Policy, Acceptable Use Policy, DMCA Policy, and Responsible AI Statement.

You may not copy, download, scrape, reproduce, redistribute, resell, mint, sublicense, train models on, incorporate into datasets, or commercially exploit Radiate Art content unless you own that content or have Radiate’s prior written permission.

Radiate may remove, restrict, moderate, or disable access to Radiate Art content, comments, interactions, profiles, or account features if we believe they violate these Terms, our policies, third-party rights, applicable law, or platform safety standards.

6. Acceptable Use and Enforcement

6.1

You shall not:

• Create, upload, or share illegal, infringing, harmful, hateful, violent, sexual, or harassing content.
• Generate or distribute non-consensual imagery or deepfakes.
• Upload or process personal data without a valid legal basis under applicable data-protection laws.
• Use automation, bots, or scraping to access or interact with the Services.
• Attempt to extract model weights, reverse-engineer systems, or bypass usage limits.
• Use the Services for high-risk or safety-critical purposes (e.g., life-support systems, autonomous vehicle control, or medical diagnosis).
• Interfere with or circumvent security mechanisms or another user’s access.
• Use Radiate Art comments, likes, saves, shares, or other interaction tools for spam, harassment, manipulation, artificial engagement, brigading, or deceptive promotion.
• Copy, scrape, download, extract, index, or use Radiate Art content or platform content to develop, train, benchmark, or improve competing models, datasets, or services, except where expressly authorized by Radiate.
• Post comments or public interactions that include doxxing, private personal information, threats, hate, sexual exploitation, illegal material, impersonation, spam, malware, or infringing material.
• Or attempt to do any of the above.

6.2

Radiate may suspend or terminate accounts that violate this section. Radiate Studio may monitor, review, and investigate use of the Services to enforce this section. If we determine that content or account activity violates these Terms, we may take appropriate action, including issuing warnings, restricting access to features, suspending or terminating accounts, preserving relevant records, or reporting matters to appropriate authorities where required by law or necessary to protect users, the public, or the Services.

7. Payments and Subscriptions

7.1

Radiate may offer paid subscriptions, credit packs, or both, depending on product availability, feature enablement, and jurisdiction. Prices exclude applicable taxes, which are calculated and remitted by our payment processor (e.g., Stripe Tax) where required.

7.2

Where subscriptions are offered and activated for your account, subscriptions renew automatically (monthly or yearly) until canceled. Credits are billed through Stripe or other approved processors.

7.3

Cancellation. You may cancel renewal through any self-service cancellation method made available to you in your account or billing portal, where available. If no self-service cancellation mechanism is available, you may cancel by submitting an online request to support@radiatestudio.ai. No phone call is required.

7.4

Refunds: First-time subscriptions are eligible for a refund within 14 days if you have used fewer than 50 credits, as defined under your applicable plan. To request a refund, email support@radiatestudio.ai with the subject line “Refund Request” and include the email address associated with your Radiate account. Otherwise, all fees are non-refundable except as required by law. If you are located in a jurisdiction that provides statutory cancellation or withdrawal rights for digital services/content, we will honor those rights as applicable, and any required disclosures or consents, including any acknowledgement of immediate performance and loss of withdrawal rights where applicable, will be presented at checkout or before service activation. Refunds are available only to eligible users who meet the criteria above, except where applicable law provides additional or non-waivable refund rights.

7.5

Unused credits expire per your plan’s terms.

7.6

Enterprise accounts may be billed via invoice or purchase order under separate written agreement.

7.7

Auto-Renewal Disclosure (California Residents). For subscriptions subject to automatic renewal, Radiate presents renewal terms, recurring charge amount, billing frequency, and cancellation instructions before purchase and in your account or billing portal where available. Where account-based cancellation is unavailable, email/webform cancellation is accepted; no phone call is required. Radiate will provide renewal reminders or notices where required by applicable law, and will obtain any required affirmative consent and acknowledgment of automatic renewal terms at checkout.

8. Privacy

8.1

Your use of the Services is governed by the Radiate Privacy Policy.

8.2

Radiate processes personal data only as described therein.

8.3

Enterprise clients may request a Data Processing Addendum.

9. Third-Party Services and Integrations

9.1

Certain features rely on external providers (e.g., Luma, Runway, Kling, fal.ai).

9.2

By using those features, you agree to any applicable third-party terms. Radiate is not responsible for external failures or content.

9.3

Radiate may update the list of integrated providers periodically. Continued use of affected features constitutes acceptance of any updated third-party terms, except where applicable law requires additional notice or consent.

9A. AI Transparency

Radiate provides additional information about how its AI systems function, including model providers, data sources, and human-oversight practices, in the AI Transparency & Model Information section of the Radiate Studio Privacy Policy.

This disclosure explains how Radiate integrates licensed third-party engines (e.g., Luma, Runway, Kling, fal.ai), the safeguards applied to user data, and the limitations and biases inherent in generative-AI systems.

9B. Responsible AI and Accessibility

Radiate Studio is developed in alignment with principles of transparency, safety, and human-centered design. Our Responsible AI Statement at https://radiatestudio.ai/legal/responsible-ai describes our approach to fairness, oversight, and ethical use of generative technologies.

Radiate also strives to maintain reasonable accessibility for users with disabilities and welcomes feedback at accessibility@radiatestudio.ai.

10. Intellectual Property

10.1

Radiate and its licensors own all rights in the Services, software, and models.

10.2

You may not copy, reverse-engineer, or derive source code except as permitted by law.

10.3

“Radiate,” “Radiate Studio,” “Radiate Art,” associated logos, product names, designs, visual assets, and trademarks are property of Radiate Validator LLC or its licensors.

Except for your own User Content and Outputs as described in these Terms, Radiate and its licensors retain all rights in Radiate Art, gallery content, platform content, curated collections, page designs, metadata, compilations, branding, and related materials.

11. DMCA and Intellectual-Property Complaints

11.1

Notices should be directed to Radiate Validator LLC, Los Angeles, CA, USA, under the Digital Millennium Copyright Act (17 U.S.C. §512):

Radiate Validator LLC
Attn: Designated Copyright Agent
11239 Ventura Blvd, STE 103-#1318
Los Angeles, CA 91604
Telephone: (323)578-6477
Email: dmca@radiatestudio.ai

11.2

A valid notice must include your contact information, the material in question, a good-faith statement that the use is unauthorized, a statement under penalty of perjury of your authority to act, and your physical or electronic signature.

11.3

Counter-Notification. If you believe material was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification containing the information required under 17 U.S.C. §512(g). Upon receipt of a valid counter-notification, Radiate will process it in accordance with 17 U.S.C. §512(g) and our DMCA Policy, including restoration timing.

11.4

Repeat Infringers. Radiate maintains a policy of terminating, in appropriate circumstances, accounts of users who are repeat copyright infringers, consistent with the Digital Millennium Copyright Act.

12. Service Changes and Availability

12.1

Radiate may modify or discontinue features at any time with reasonable notice where feasible and as required by applicable law.

12.2

High availability is intended but not guaranteed.

Security researchers are encouraged to report potential vulnerabilities responsibly under our Vulnerability Disclosure Policy, available at https://radiatestudio.ai/legal/vulnerability-disclosure.

13. Disclaimers

13.1

THE SERVICES AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

13.2

RADIATE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

13.3

RADIATE DOES NOT WARRANT THAT OUTPUTS WILL BE ERROR-FREE, UNIQUE, OR MEET USER EXPECTATIONS.

13.4

The Services are provided for creative and informational purposes only and do not constitute professional advice of any kind (including medical, legal, or financial). You are solely responsible for evaluating and verifying any information or content produced through the Services.

14. Limitation of Liability

14.1

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) RADIATE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL; AND

(b) RADIATE’S TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12-MONTH PERIOD SHALL NOT EXCEED THE GREATER OF (1) AMOUNTS PAID FOR THE SERVICES CAUSING THE CLAIM IN THAT PERIOD OR (2) USD $100 IN AGGREGATE, OR THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW, WHICHEVER IS GREATER.

15. Indemnification

15.1

You agree to defend, indemnify, and hold harmless Radiate, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your User Content, Outputs, or use of the Services in violation of law or these Terms.

16. Export Control and Compliance

16.1

You represent that you are not located in a U.S. embargoed or sanctioned country and are not a denied party under U.S. export laws.

16.2

You agree to comply with all applicable export and trade regulations.

17. Governing Law and Dispute Resolution

17.1

These Terms are governed by the laws of the State of California, excluding its conflict rules.

17.2

Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except that nothing in this Section limits any individual right or remedy available under the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, or the Swiss-U.S. DPF (if and when applicable), including independent recourse mechanisms and binding arbitration under DPF Annex I. Arbitration may be conducted remotely unless an in-person hearing is required by law.

17.2A

Small Claims / Injunctive Relief. Either party may bring an individual action in small claims court if the claim qualifies. Either party may also seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent irreparable harm (for example, to protect confidential information or intellectual property) while arbitration is pending.

17.2B

Class Action Waiver. YOU AND RADIATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding to the maximum extent permitted by law. This waiver does not limit any non-waivable right to seek public injunctive relief under applicable law.

17.3

Radiate will pay all AAA filing, administration, and arbitrator fees for claims totaling less than $10,000, unless the arbitrator determines a claim is frivolous. Nothing in this section limits any non-waivable rights or remedies available to consumers under applicable law, and arbitration will be conducted in accordance with the AAA Consumer Due Process Protocol.

17.4

If AAA is unavailable or declines to administer the arbitration, the parties agree to use a mutually agreed alternative arbitration provider, or a court may appoint an arbitrator consistent with applicable law.

17.5

You may opt out of arbitration within 30 days of first accepting these Terms by sending an email to legal@radiatestudio.ai with the subject line ‘Arbitration Opt-Out’ and your account email address. Opt-out requests received within the applicable period will be acknowledged and honored.

17.6

These Terms are drafted in English, which shall be the controlling language for all purposes, even if translations are provided for convenience.

18. Termination

18.1

You may stop using the Services at any time.

18.2

Radiate may suspend or terminate accounts for breach, legal risk, or misuse.

18.3

Upon termination, you may request export of projects within 30 days unless prohibited by law. Radiate may retain minimal records for compliance.

19. Content Moderation and Enforcement

This section supplements Section 6 (Acceptable Use and Enforcement).

19.1

Radiate reviews content and user activity for compliance with these Terms or our Responsible AI Statement.

19.2

Violations may result in warnings, temporary restrictions, removal of content, or termination of accounts.

19.3

Radiate reserves the right to remove or disable access to content it reasonably deems illegal, harmful, or inconsistent with its policies.

19.4

Users may appeal moderation decisions (such as content removal or account suspension) by contacting legal@radiatestudio.ai within 14 days of notice.

19.5

Appeals will be reviewed by a member of the moderation team not involved in the original decision, and a final determination will be made in good faith within a reasonable period, and in any event within timelines required by applicable law. No account-level enforcement action producing legal or comparably significant effects is finalized without human review, except where immediate action is required to prevent harm or comply with law.

This section also applies to Radiate Art comments, likes, saves, shares, public interactions, public profiles, gallery content, and other community or account-based features.

20. Force Majeure

20.1

Neither party is liable for delay or failure caused by events beyond its reasonable control, including natural disasters, war, network outages, or government actions.

21. Changes to These Terms

21.1

Radiate may update these Terms from time to time. Material changes will be notified in-product or by email. Where required by law or where we implement an in-product acceptance gate, continued access to some or all Services may require re-acceptance of the updated Terms. Otherwise, continued use of the Services after the effective date constitutes acknowledgement and acceptance of the updated Terms, except where applicable law requires additional notice or affirmative consent.

21.2

If we make material changes, we will update the “Effective Date” above.

21.3

If you disagree with the updated Terms, you must stop using the Services before the new Terms take effect.

22. Contact

Radiate Validator LLC
Los Angeles, CA
support@radiatestudio.ai

23. Entire Agreement

These Terms constitute the entire agreement between you and Radiate regarding your use of the Services and supersede any prior agreements or understandings. If you accepted a specific in-app version of these Terms tied to your account, that accepted version controls for your account in the event of conflict with any cached, archived, or untranslated copy.

23.1

Failure by Radiate to enforce any provision shall not constitute a waiver of its rights to enforce it later.

23.2

If any provisions of these Terms are held invalid or unenforceable, the remaining provisions will remain in full force and effect.

End of Terms of Service (v1.1)