1. Acceptance & Modification of Terms

By logging in to and using DaFreeAi, you agree to be bound by these Terms of Service. If you do not agree, you may not use the service. We reserve the right to update these Terms at any time. When material changes are made, you will be notified through a re-acceptance prompt within the platform. Continued use of the service after such notification constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you may stop using the service at any time.

2. Data We Store (GDPR / AVG)

DaFreeAi acts as the data controller within the meaning of the General Data Protection Regulation (GDPR / AVG). We are committed to minimal, purposeful data collection. We only store data that is strictly necessary to provide and operate the service. The following is a complete and transparent overview of the personal data we collect and process:

• Discord Identity: Your Discord username, user ID, and profile avatar — retrieved at login via Discord OAuth2 and used solely for account identification.
• Banana (Credit) Balance: Your current banana balance, daily allowance, and transaction history (e.g. generations used, daily rewards received). This is required to operate the fair-use credit system.
• Generation History: A log of your past image and video generations, including prompts and output references, used to power your personal library.
• Terms Acceptance: A timestamp recording when you accepted these Terms, stored for legal compliance purposes.
• Email Address (optional): Only if you voluntarily provide it during account setup. It is never required and never shared with third parties.

We do not collect passwords, payment information, browsing history outside this platform, or any other personal data beyond what is listed above.

• Legal Basis: We process your data on the basis of contract performance (to deliver the service you requested) and legitimate interest (platform security and moderation), in accordance with Article 6 GDPR.
• Retention Period: All account data is retained for a maximum of 12 months from your last login, after which it is permanently and irreversibly deleted.
• Your Rights (GDPR): You have the right to access, rectify, restrict, or request the erasure of your personal data, as well as the right to data portability. To exercise any of these rights, please contact us via our official Discord server. We will respond within 30 days.

3. Personal Library & Content Access

All images and videos generated through DaFreeAi are stored in your personal library. While this library is associated with your account, it is not fully private. Designated system administrators and moderators may access your generation logs and prompt histories for the purposes of content moderation, system security, and technical support. Such access is limited to what is necessary and is governed by our GDPR obligations as data controller.

⚠️ Backup Recommendation: DaFreeAi does not guarantee the permanent storage of generated content. We may remove generation history as part of routine maintenance. We strongly recommend downloading any content you wish to retain. DaFreeAi is not liable for loss of generated content resulting from scheduled data cleanup or maintenance operations.

4. Security, Data Protection & Our Responsibilities

As the data controller, DaFreeAi is responsible for implementing and maintaining appropriate technical and organisational security measures to protect your personal data in accordance with Article 32 GDPR. We use industry-standard encryption (SSL/TLS) for data in transit and apply security best practices to stored data.

No digital system can guarantee absolute security. In the event of a personal data breach that poses a risk to your rights and freedoms, we are legally obligated under Articles 33–34 GDPR to report the breach to the competent supervisory authority and, where required, to notify you directly without undue delay.

Our liability for security incidents is not entirely excluded. We remain responsible for damages that result from our failure to comply with applicable data protection law. However, we are not liable for damages arising from circumstances beyond our reasonable control, including third-party infrastructure failures, force majeure events, or your own failure to protect your account credentials.

5. Cookies & Third-Party Tracking

DaFreeAi may use third-party advertising services, including Google AdSense, which use cookies and similar tracking technologies to serve personalised advertisements. Under the GDPR and the EU ePrivacy Directive, the use of non-essential tracking cookies requires your informed prior consent. By accepting these Terms and continuing to use the service, you consent to this use. You may withdraw your consent at any time by adjusting your preferences via Google's Ads Settings or www.aboutads.info.

6. Minimum Age Requirement

You must be at least 13 years of age — or the minimum age required by the laws of your country of residence — to register and use DaFreeAi. If we become aware that an account belongs to a person below the applicable minimum age, we will suspend that account and permanently delete all associated personal data without delay, in compliance with our obligations under the GDPR.

7. Prohibited Content & Acceptable Use

You are solely responsible for the content you generate or submit through DaFreeAi. The following types of content are strictly prohibited:

• Sexually explicit content, pornography, or any content that sexually depicts minors.
• Content depicting extreme violence, gore, self-harm, hate speech, or targeted harassment of individuals or groups based on protected characteristics.
• Content that infringes upon the intellectual property rights of third parties, including copyrights and trademarks.
• Content that promotes, facilitates, or depicts illegal activities, including instructions for weapon construction, or chemical or biological threats.

Moderation decisions are made at the reasonable discretion of platform administrators, with the objective of ensuring legal compliance and community safety. Where a moderation decision materially affects your account, you may request a review by contacting us via our official Discord server.

8. Account Suspension & Termination

We reserve the right to suspend or permanently terminate access to DaFreeAi where there is reasonable and documented cause, including but not limited to:

• Systematic circumvention of rate limits, exploitation of technical vulnerabilities, or abuse of the free credit system.
• Generation or distribution of content that violates Section 7 of these Terms.
• Conduct that is seriously harmful, abusive, or persistently disruptive to the platform, its users, or its operators.

Where reasonably practicable and required under applicable EU consumer protection law, we will provide advance notice of any intended account suspension, along with an opportunity to respond. Immediate suspension may be applied without prior notice in cases of serious, urgent, or ongoing harm.

9. Use of Third-Party AI Services & Automated Infrastructure

DaFreeAi operates as a platform that routes generation requests through third-party AI services and infrastructure in order to deliver its free generation capabilities. This is a core part of how the platform functions and is disclosed here in full transparency.

By using DaFreeAi, you acknowledge and agree to the following:

• The platform's technical infrastructure — including any automated processes used to access external AI services — is operated solely by DaFreeAi. Individual users do not control, direct, or instruct these processes and are therefore not individually liable for platform-level operations that are outside their knowledge or control.
• Third-party services used by the platform are subject to change, interruption, or discontinuation without notice. DaFreeAi does not guarantee the continued availability or quality of any specific underlying service.
• You are responsible for ensuring that your own use of DaFreeAi — including the content you generate and submit — complies with applicable law and these Terms. You may not use the platform to circumvent third-party restrictions through your own deliberate actions.
• DaFreeAi's liability for disruptions, failures, or enforcement actions related to its own infrastructure is limited to the extent permitted under applicable EU law, and is not fully excluded.

⚠️ By using this service, you confirm that you have read and understood this section and consent to DaFreeAi processing your generation requests through third-party infrastructure. You may stop using the service at any time if you do not agree.

10. Free Service, Availability & Limitation of Liability

DaFreeAi is provided free of charge as a community project. We make reasonable efforts to maintain availability and functionality, but we do not guarantee uninterrupted uptime or error-free operation. The service is provided on an "as is" and "as available" basis, without warranties beyond those required by applicable law.

To the maximum extent permitted under applicable EU law, DaFreeAi is not liable for:

• Indirect, incidental, or consequential damages arising from your use of or inability to use the service.
• Loss of generated content due to system maintenance, data pruning, or technical failures.
• Service interruptions caused by third-party infrastructure failures or circumstances beyond our reasonable control.

Nothing in these Terms excludes or limits liability for: death or personal injury caused by our negligence; fraud or fraudulent misrepresentation; any liability that cannot be lawfully excluded or limited under EU or Dutch law; or our obligations as data controller under the GDPR.

11. Governing Law & Jurisdiction

These Terms of Service are governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with these Terms shall be submitted to the competent courts of the Netherlands, without prejudice to your rights as a consumer to invoke the mandatory consumer protection provisions of the law of your country of habitual residence within the European Union.

12. Contact & Support

For any questions regarding these Terms, your personal data, your account, or support requests, please contact us via our official Discord server. All requests relating to your personal data rights under the GDPR will be processed within 30 days of receipt, in accordance with our legal obligations.

13. User Responsibility — Past Content & Platform Nature

By accepting these Terms — including upon any re-acceptance prompted by a version update — you acknowledge and agree that your responsibility for your use of DaFreeAi applies retroactively. This means:

• You are fully responsible for all content you have generated through the platform, including content generated prior to the date you accepted this version of the Terms. Acceptance of updated Terms does not waive or release responsibility for prior conduct.
• If any content you generated before or after accepting these Terms is found to violate applicable law, third-party rights, or these Terms, you remain the sole responsible party for that content and its consequences.

Platform Nature Disclaimer. DaFreeAi provides a server-side platform and, where applicable, publicly accessible open-source tooling. The platform itself is a technical intermediary — it does not generate, author, or endorse any content created by users.

• If you choose to use, modify, or exploit any aspect of the platform — including any known or unknown technical vulnerabilities, open-source components, or API endpoints — you do so entirely at your own risk and on your own initiative.
• DaFreeAi's role is limited to operating the server infrastructure. Any misuse, abuse, or exploitation of the platform — whether or not it was technically possible due to an existing vulnerability — is solely your responsibility as the acting user.
• The existence of a technical capability does not constitute permission to use it. Knowingly exploiting a vulnerability or limitation of the platform constitutes a violation of these Terms and may constitute a criminal offence under applicable law (including the Dutch Computer Crime Act / Wet Computercriminaliteit).

⚠️ In short: we provide the server. What you do with it — now, in the past, or in the future — is your responsibility. If you use it, or abuse it, that is on you.