Terms of Service.

Last updated: 7 August 2026

1. This agreement

These Terms of Service are a contract between you and the operator of D8alytics ("D8alytics", "we", "us"), based in Texas, United States. By creating an account or using the service you agree to them. If you are agreeing on behalf of a company, you confirm you are authorised to bind it.

2. Who may use D8alytics

You must be at least 18 and legally able to enter a contract. You must not be barred from using the service under the laws of your country, and you must not be subject to trade sanctions that would make it unlawful for us to serve you.

3. Your account

• Give accurate information when you register, and keep it up to date.
• You are responsible for everything that happens under your account.
• Keep your password and API keys secret. Anyone holding an API key can act as you.
• Tell us immediately if you believe your account or a key has been compromised — you can revoke a key yourself at any time from the API keys page.
• One account per person or organisation. Do not share logins.

4. Acceptable use

You agree not to use D8alytics to create, request or attempt to create:

• Any sexual content involving minors, or any content that sexualises a child. This is an absolute prohibition and will result in immediate termination and a report to the authorities.
• Content depicting a real, identifiable person without their consent, including likenesses used for impersonation or deepfakes.
• Biometric identifiers or facial-recognition training data intended to identify specific individuals without a lawful basis and their consent.
• Material that infringes someone else's copyright, trademark or other rights.
• Content designed to harass, defame, threaten or discriminate against a person or group.
• Data intended to build weapons, or to enable unlawful surveillance.
• Anything unlawful in the country where you or your users are located.

You also agree not to:

• Reverse engineer, decompile or attempt to extract the models or systems behind the service.
• Circumvent usage limits, rate limits or access controls, or use automation to do so.
• Resell or sublicense access to the service itself, as distinct from the datasets you generate with it.
• Probe, scan or test the security of the service without our written permission — see the responsible-disclosure section of our Security page.
• Interfere with the service, its infrastructure, or other customers' use of it.

5. Who owns what

Your content and your datasets

You own the prompts you write and the datasets we generate for you. We claim no ownership over them. You may use, modify, publish and sell them, including to train commercial models, without paying us a royalty.

You grant us a limited licence to store, process and transmit your content only so far as it is necessary to operate the service for you — for example, to run a generation job, to store the result, and to let you download it. That licence ends when you delete the content. As stated in our Privacy Policy, we do not use your content to train our own models.

Our platform

We own the service itself — the website, the software, the pipelines and the D8alytics name and logo. Nothing in these terms transfers that to you.

Feedback

If you send us suggestions, we may use them freely and without obligation to you.

6. Your prompt, your dataset, your responsibility

What you control, and are responsible for

You write the prompt, the class names and the class definitions. Those inputs decide what is generated and how it is labeled. In particular, you are responsible for:

• Writing a clear, consistent prompt. Asking for things that contradict each other — a distant aerial view and small details that would only be a few pixels at that distance — produces images the labeler cannot read reliably.
• Making sure objects are large enough to be seen. An object that occupies only a few pixels cannot be identified with confidence by any labeler, ours included. Frame your scene so each object you want detected is a meaningful part of the image.
• Writing class definitions. They are optional in the interface but they are the main tool for separating classes that look alike. Skipping them is the most common cause of mislabeled lookalike classes.
• Choosing classes that are visually distinguishable at the distance and quality you asked for.
• Checking the result before you use it.

What we do not promise

Automatic labeling is not perfect. Boxes may be missed, misplaced, duplicated or given the wrong class — particularly where objects are small, crowded, partially hidden, or visually similar to something else in the scene. Image generation is probabilistic: the same prompt can produce different results, and the model may not follow every instruction, including requests for a specific number of objects.

We do not warrant that any dataset will reach a particular level of accuracy, class balance, or fitness for your model. We are not responsible for the performance of any model you train on data generated here, or for decisions made using such a model.

Review before you rely on it

Every dataset must be reviewed by you before use. We provide Preview, Analysis and Review labels tools to make that practical, and the Analysis report flags problems such as class imbalance. Using those tools is your responsibility, not ours — a dataset you did not check is a dataset you accepted as-is.

Do not use datasets generated here as the sole basis for any safety-critical, medical, legal, financial or life-affecting decision without independent validation appropriate to that use.

7. Plans, payment and refunds

• Current plans and prices are shown on the Pricing page.
• Paid plans renew automatically for the same period until cancelled.
• You can cancel at any time from the Billing page. Cancellation takes effect at the end of the period you have already paid for; you keep access until then.
• Fees are stated exclusive of tax unless we say otherwise. You are responsible for any applicable sales tax or VAT.
• We may change prices with at least 30 days' notice by email. A price change never affects a period you have already paid for.
• Except where the law requires otherwise, payments are non-refundable. If something has gone genuinely wrong, contact us — we would rather fix it than argue about it.

8. Limits and availability

Each plan carries limits on generation — images per dataset, datasets per day, classes and storage. Current limits are shown inside the product. We may adjust limits to protect the service, and we will tell you if we reduce a limit that applies to you.

We aim for high availability but do not promise uninterrupted service. Generation depends on shared GPU capacity, and jobs may queue at busy times. We may perform maintenance, and will give notice where it is practical to do so. No service-level agreement applies unless it is set out in a separate written agreement signed by us.

9. API use

API access is available on the plans indicated on the Pricing page. Keys are personal to your account. Keep them server-side; do not embed them in client-side code, mobile apps or public repositories. We may revoke a key that appears to be compromised or abused, and will tell you when we do.

10. Suspension and termination

You may close your account at any time. When you do, your data is deleted as described in the Privacy Policy.

We may suspend or terminate an account that breaches these terms, that puts the service or other customers at risk, or where we are legally required to. Except for serious breaches — such as the prohibited content in section 4, where we may act immediately — we will give you notice and, where it is reasonable, an opportunity to put things right. Where we terminate without cause, we will refund any prepaid, unused period.

11. Disclaimer of warranties

To the fullest extent permitted by law, the service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that generated data will be accurate, complete or suitable for your purpose. See section 6 for what you control and what we do not promise.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

12. Limitation of liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if advised such damages were possible.

Our total liability arising out of or relating to these terms or the service is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars (US$100).

Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, or for fraud.

13. Indemnity

You agree to indemnify and hold us harmless against claims, damages and reasonable legal costs arising from your use of the service in breach of these terms, from content you generate, or from your use of a dataset produced here.

14. Governing law

These terms are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules. The state and federal courts located in Texas have exclusive jurisdiction, and both parties consent to that venue. If you are a consumer resident in the EU or UK, this does not deprive you of the protection of mandatory local law or of your right to bring proceedings in your own courts.

15. Changes to these terms

We may update these terms. For material changes we will give at least 30 days' notice by email or in the product. Continuing to use the service after a change takes effect means you accept the new terms. If you do not accept them, you may cancel and we will refund any prepaid, unused period.

16. Contact

Questions about these terms: [email protected], or the contact form.