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Terms of Service

Horizons Foundry LLC — a Texas limited liability company

Effective date: May 10, 2026 Last updated: May 26, 2026

1. Acceptance and Eligibility

By accessing or using Horizons Foundry (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.

You must be at least 18 years old, or the age of legal majority in your jurisdiction, whichever is greater, to use the Service. By using the Service, you represent and warrant that you meet this requirement.

The Service is currently available only to customers with shipping addresses within the United States. Orders to addresses outside the United States are not accepted and will be cancelled and refunded.

2. Your Account

To use most features of the Service, you must create an account by signing in with a third-party identity provider (currently Google). You are responsible for maintaining the security of your sign-in credentials and for all activity on your account.

You agree not to: (a) share your account with others; (b) impersonate any person or entity; (c) create more than one account for yourself without our written consent. We may suspend or terminate accounts that violate these requirements.

3. Credits and Payment

Generating images on Horizons Foundry consumes "Credits." New accounts may receive a number of free Credits at our discretion. Additional Credits can be purchased through your account.

Credits are non-refundable except (a) where required by applicable law, or (b) where Section 11 (Account Termination) expressly provides for a refund. Credits do not expire. Credit balances are not transferable, have no cash value, and cannot be exchanged for cash. We may modify Credit pricing at any time, with notice for purchases made after the change.

Payment for prints (separate from Credits) is processed by Stripe and governed by Section 9.

4. AI Output: Ownership and License

4.1 Your content

The text prompts you submit to the Service and the images generated by the Service in response to your prompts are referred to as "Your Content." As between you and Horizons Foundry, Your Content belongs to you, subject to the rights and licenses described below.

You acknowledge and agree that the United States Copyright Office has issued guidance indicating that purely AI-generated images are not eligible for copyright protection because they lack human authorship. Accordingly, neither you nor Horizons Foundry holds copyright in the AI-generated images themselves. Your rights to Your Content under these Terms are contractual rights granted by these Terms, not statutory copyright. We make no warranty that Your Content is or is not copyrightable.

4.2 What you can do with Your Content

Subject to these Terms, you may:

  • Display, reproduce, print, frame, modify, and create derivative works of Your Content for personal or commercial use.
  • Sell physical reproductions of Your Content.
  • Use Your Content as a logo, brand asset, or marketing material.

4.3 License you grant Horizons Foundry

You grant Horizons Foundry a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, copy, display, perform, reproduce, modify (e.g., resize, recolor for print profiles), and distribute Your Content solely for the purposes of:

(a) operating, providing, and improving the Service; (b) printing, fulfilling, and shipping orders you place; (c) displaying Your Content back to you within your account; (d) sublicensing to our service providers (e.g., Gelato for printing, Stripe for payment) to the extent necessary to perform their functions; (e) featuring Your Content as a sample, showcase, or marketing material only with your explicit opt-in consent. We will never use Your Content for marketing purposes without your prior, affirmative consent.

This license continues for as long as Your Content is on the Service and survives the termination or suspension of your account only to the extent necessary for us to fulfill outstanding orders, comply with our legal obligations, and retain operational backups consistent with Section 11.

4.4 Removal of content

You may remove Your Content from the Service at any time through your account. Upon removal, the licenses you granted us in Section 4.3 terminate, except that those licenses survive: (i) for as long as necessary to fulfill any pending order related to that content; (ii) for any sublicenses we have already granted (e.g., to a print partner) until they expire by their terms; (iii) in any backup or archival systems retained for reasonable operational and legal purposes.

5. Your Representations and Warranties

You represent and warrant that:

  • Your prompts and Your Content do not and will not infringe any third party's intellectual property rights, rights of publicity, privacy rights, or other rights.
  • Your prompts are not designed to elicit, replicate, or imitate the work of a specific living artist, brand, character, or other protected work.
  • Your prompts do not depict or attempt to depict any real person without that person's explicit consent.
  • You have all necessary rights, licenses, and permissions to submit your prompts and to use the resulting Your Content as you intend.
  • Your use of Your Content (for personal display, commercial use, resale, or otherwise) complies with all applicable laws and regulations.
  • You assume full responsibility and liability for any claims arising from your prompts or your use of Your Content.

6. AI-Specific Disclaimers

The Service uses third-party AI models to generate images. You acknowledge and agree that:

  • AI-generated output is non-deterministic. The same prompt may produce different results on different occasions.
  • We do not warrant that any particular generation will produce a result you find acceptable.
  • We do not warrant that AI-generated output is unique, original, or free from similarity to existing works.
  • We do not warrant that AI-generated output is non-infringing of any third-party rights. Models trained on large datasets may, in rare cases, produce outputs that resemble copyrighted works in their training data. You bear the risk and responsibility for evaluating and using Your Content.
  • We do not control, and are not responsible for, the underlying training data of the AI models we use.

7. Prohibited Content and Conduct

You agree not to use the Service to generate, request, upload, or transmit content that:

  • Sexually exploits or abuses minors, or that depicts a minor in any sexual or suggestive context. This category triggers immediate, permanent termination and is reported to appropriate authorities.
  • Depicts real, identifiable persons without their explicit consent.
  • Reproduces or imitates the registered trademarks, logos, or brand identities of any third party.
  • Reproduces, imitates, or attempts to replicate the work of a specific named living artist or copyrighted work.
  • Promotes hatred, violence, or discrimination against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristic.
  • Depicts or glorifies graphic violence, terrorism, self-harm, or illegal activity.
  • Is fraudulent, deceptive, or designed to deceive or impersonate.
  • Violates any applicable law or regulation.

You also agree not to: (a) reverse-engineer, scrape, or attempt to derive the source of the AI models powering the Service; (b) scrape, harvest, or aggregate outputs from the Service to train, fine-tune, or develop a competing AI generation service; (c) make automated, non-human use of the Service that exceeds normal personal use; (d) interfere with the Service's operation or other users' use of it.

Enforcement

We may enforce this section by, in order of severity: (a) warning the offending account; (b) removing the offending content; (c) suspending the account temporarily; (d) terminating the account permanently. We reserve the right to skip steps and proceed directly to termination for severe violations. Upon termination for cause under this section, any remaining Credits are forfeited and non-refundable.

Our role with respect to user-generated content

Your prompts and Your Content are user-generated content. Horizons Foundry does not pre-screen, curate, or endorse Your Content. We act as an interactive computer service provider with respect to Your Content within the meaning of 47 U.S.C. § 230 and similar laws, and we are not the publisher or speaker of Your Content. We may, but are not obligated to, remove or refuse to print Your Content that we believe violates these Terms or applicable law.

Users and third parties may report content that violates this Section 7 (or any other part of these Terms) by following the categorized instructions on our Report content page. Copyright-specific notices follow the DMCA process in Section 8.

8. DMCA and Intellectual Property Claims

Designated Copyright Agent

Horizons Foundry has registered a designated agent with the United States Copyright Office to receive notifications of claimed copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). To submit a DMCA notice, contact our designated agent:

  • Agent: Jonathan Parrish
  • Organization: Horizons Foundry LLC
  • Address: 5900 Balcones Drive, STE 100, Austin, TX 78731
  • Email: support@horizonsfoundry.ai
  • Phone: +1 (614) 678-1876

Copyright Office registration number: DMCA-1073369. Our designation is publicly listed in the DMCA Designated Agent Directory.

Email is the preferred channel for DMCA notices and is monitored regularly.

Submitting a DMCA notice (notice of claimed infringement)

If you believe content on the Service infringes your copyright, send a written notice to our designated agent (contact info above) that includes the elements required by 17 U.S.C. § 512(c)(3):

  1. Identification of the copyrighted work claimed to be infringed (or, for multiple works, a representative list).
  2. Identification of the material claimed to be infringing, with information reasonably sufficient to permit us to locate it (e.g., URL, screenshot, prompt text, or order number).
  3. Your contact information: name, mailing address, telephone number, and email.
  4. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the right being infringed.
  6. Your physical or electronic signature.

Notices that do not substantially comply with these requirements may not be actionable.

Our response

Upon receipt of a substantially compliant DMCA notice, we will expeditiously remove or disable access to the allegedly infringing material, notify the user who posted it (if identifiable), and forward a copy of the notice to that user.

Counter-notification

If you believe material you posted was removed or disabled in error, you may submit a counter-notice to our designated agent under 17 U.S.C. § 512(g). Your counter-notice must include:

  1. Your physical or electronic signature.
  2. Identification of the material that was removed or disabled and the location at which it appeared before removal.
  3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification.
  4. Your name, mailing address, and telephone number.
  5. A statement consenting to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if your address is outside the United States, for the Western District of Texas), and that you will accept service of process from the person who filed the original notice or that person's agent.

Upon receipt of a valid counter-notice, we will forward a copy to the original complainant and may restore the material in 10 to 14 business days unless the complainant notifies us that they have filed a court action seeking to restrain the user.

Repeat infringer policy

In accordance with 17 U.S.C. § 512(i), we will terminate, in appropriate circumstances, the accounts of users who are repeat infringers. We consider a user a repeat infringer when they have been the subject of multiple substantially compliant DMCA notices that we have not had a documented reason to dispute.

Misrepresentation

Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for damages. Submit DMCA notices and counter-notices in good faith.

Other intellectual property claims (trademark, right of publicity, and similar)

The DMCA process above applies only to copyright claims. If you believe content on the Service violates your trademark, right of publicity, privacy rights, or other non-copyright rights, contact us at support@horizonsfoundry.ai with: (a) a description of the right being violated, (b) identification of the allegedly infringing content, (c) your contact information, (d) a statement of good-faith belief, and (e) your signature. We will review and respond to non-copyright claims in good faith and in a reasonable time, but no specific safe-harbor procedure applies to these claims.

9. Print Orders, Fulfillment, and Returns

Pricing and orders

Prices for prints are displayed at the time of order and include all materials and printing. Shipping costs are calculated at checkout based on destination. All prices are in US dollars. We reserve the right to correct pricing errors.

Fulfillment

Orders are printed and shipped by our fulfillment partner Gelato from a US-based facility. Estimated delivery time is 5 to 9 business days from order placement, but actual delivery times may vary. Risk of loss passes to you upon delivery.

We currently ship only within the United States. Orders placed for delivery to addresses outside the United States will be cancelled and the purchase price refunded.

All sales are final, with limited exceptions

Because each print is custom-made to order, all sales are final and no general right of return applies. We will, however, reprint or refund your order within 30 days of delivery in the following three cases:

  • Damaged in transit. The print arrives torn, creased, bent, water-damaged, or otherwise physically damaged during shipping.
  • Print quality defect. The print has manufacturing defects such as smudges, banding, incorrect color calibration, missing elements, or visible printing errors.
  • Significant discrepancy from the image you approved. The printed result differs significantly from the AI-generated image you approved at the time of order — for example, the wrong image was printed, large portions of the image are missing, or the printed result is materially unrecognizable as the image you ordered.

What is NOT covered

To be clear, the following are not eligible for refund or reprint:

  • Aesthetic dissatisfaction with the AI-generated image you approved at the time of order ("I don't like how it turned out").
  • Change of mind after placing the order.
  • Minor variations in color, brightness, or paper texture that are inherent to the print process and within normal manufacturing tolerances.
  • Damage caused by you after delivery.
  • Requests for custom sizes, frames, or materials not offered through the Service.

How to request a refund or reprint

Email support@horizonsfoundry.ai within 30 days of delivery with: (a) your order number, (b) a description of the issue, and (c) clear photographs of the print showing the issue. We will, at our discretion, either reprint the order at no charge or refund the purchase price. If we ask you to return the print, we will pay return shipping.

Damaged in transit — quick reporting

If your order arrives damaged, contact us within 14 days of delivery with photographs so we can also file a claim with the carrier.

10. Service Availability and Modifications

We provide the Service on an as-available basis and do not guarantee uninterrupted availability. We may modify, suspend, or discontinue any feature of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation, except that if we discontinue a paid feature you have paid for and have not yet used, we will refund the unused portion.

11. Account Termination

You may terminate your account at any time by emailing support@horizonsfoundry.ai with the subject "Account deletion request."

We may terminate or suspend your account: (a) for cause if you materially violate these Terms (see Section 7 for enforcement); (b) if required by law; (c) for extended inactivity (with notice); (d) for our convenience with reasonable notice.

Upon termination:

  • Pending orders will be fulfilled.
  • Unused Credit balances will be refunded if termination is initiated by us for our convenience or required by law. Credits are forfeited if termination is for cause under Section 7.
  • Your Content will remain accessible to fulfill any pending orders, after which it may be deleted from active systems consistent with Section 4.4.
  • Your sublicenses to our service providers may continue until they expire by their terms.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY OF AI-GENERATED OUTPUT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Nothing in this Section 12 is intended to disclaim or limit any implied warranty that cannot lawfully be disclaimed, including implied warranties under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., to the extent the reprint and refund commitments described in Section 9 constitute a "written warranty" under that statute. The protections and remedies expressly stated in Section 9 are in addition to, and not in limitation of, any non-disclaimable implied warranty.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HORIZONS FOUNDRY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID HORIZONS FOUNDRY IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

The exclusions and limitations in this Section 13 do not apply to (a) liability for gross negligence, fraud, or willful misconduct; (b) liability for death or personal injury caused by negligence; or (c) any other liability that cannot be excluded or limited under applicable law (including California Civil Code § 1668 and similar statutes).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

14. Indemnification

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Horizons Foundry and its officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

(a) your use of the Service; (b) your prompts or Your Content, including any claim that they infringe a third party's intellectual property, publicity, privacy, or other rights; (c) your use of Your Content; (d) your breach of these Terms; (e) your violation of any law or third-party right.

We will provide you with prompt notice of any such claim and will reasonably cooperate in your defense at your expense.

15. Dispute Resolution

Informal resolution first

Before filing any formal claim, you agree to first contact us at support@horizonsfoundry.ai and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration

If informal resolution fails, any dispute arising from or related to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its then-current Consumer Arbitration Rules. Arbitration will take place in Texas, or remotely at the arbitrator's discretion.

Class action waiver

You and Horizons Foundry agree that disputes will be resolved on an individual basis only, not as a class, collective, or representative action. The arbitrator may not consolidate more than one party's claims and may not preside over any form of class proceeding.

Mass-arbitration procedure

If 25 or more substantially similar arbitration demands are filed against Horizons Foundry within a 60-day period by claimants represented by the same or coordinated counsel, the parties agree the demands will be administered in sequenced batches of no more than 50 demands at a time, with each batch proceeding to selection of a bellwether arbitrator and resolution before the next batch is initiated. Filing fees and AAA administrative fees will be assessed per batch rather than per individual claim. The parties will meet and confer in good faith on the selection and pacing of batches. This procedure is intended to manage the cost and administrative burden of mass-filed arbitrations and does not waive any party's right to pursue an individual claim.

Small claims carve-out

Either party may bring a qualifying claim in small claims court instead of arbitration if the claim qualifies for that court's jurisdiction.

Opt-out

You may opt out of this arbitration agreement by emailing us at support@horizonsfoundry.ai within 30 days of first accepting these Terms.

16. General Provisions

Governing law: These Terms are governed by the laws of the State of Texas without regard to conflict-of-law principles. The exclusive venue for any non-arbitrable dispute is the state or federal courts located in Texas.

Entire agreement: These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Horizons Foundry regarding the Service.

Modifications: We may amend these Terms by posting an updated version. For material changes, we will provide at least 30 days' notice before the effective date by (a) posting the updated Terms with a new "Last updated" date and (b) sending notice to the email address associated with your account if you have one. Your continued use of the Service after the effective date of an updated version constitutes acceptance. If you do not agree to the updated Terms, you may terminate your account before the effective date.

Severability: If any provision is held unenforceable, the remaining provisions remain in effect.

Assignment: You may not assign these Terms. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

No waiver: Our failure to enforce any provision is not a waiver of that provision.

Notices: Notices to Horizons Foundry should be sent to support@horizonsfoundry.ai. Notices to you may be sent to the email address associated with your account.

Force majeure: Neither party is liable for delays caused by events beyond its reasonable control, including but not limited to failures of third-party service providers (such as Stripe, Gelato, our hosting provider, or AI model providers), internet or network outages, acts of government, natural disasters, or labor disputes.

17. Accessibility

Horizons Foundry is committed to making the Service accessible to people with disabilities. We aim to follow recognized accessibility standards (such as WCAG 2.1 Level AA) where reasonably practicable. If you have difficulty accessing any feature of the Service or need an accessibility accommodation, contact us at support@horizonsfoundry.ai with a description of the issue and we will work to resolve it. This statement does not waive any rights you have under the Americans with Disabilities Act or similar laws.