Terms of Service

Effective Date: 16 August 2026

Operator: CyberSoftware (the "Company", "we", "us", "our"). Service brand: CyberStock. Domain: cyberstock.lol.

1968 S Coast Hwy, STE 1543, Laguna Beach, CA 92651, United States · support@cyberstock.lol · legal@cyberstock.lol

These Terms of Service (the "Terms") are a binding legal agreement between you ("you", "your", "Customer") and the Company. By creating an account, purchasing any subscription or credit package, using any part of the Service, or clicking any button that accepts these Terms, you agree to be bound by them, together with the Refund Policy, the Fair Usage Policy, and the Privacy Policy, each of which is incorporated into and forms part of these Terms. If you do not agree, you must not use the Service.

The Service includes, without limitation: AI-generated titles, descriptions, and keywords for photos and video (the "AI Keywording Engine"); pre-upload Selling Score prediction; CyberBatch bulk processing; CyberPusher v1 (FTP/SFTP delivery to third-party stock agencies) and CyberPusher v2 (browser-extension automation); Compose / Extract Hub; Studio generation tools built on third-party generative-AI providers; Discover trend intelligence; Marketplace and Cyber Passport; free tools; associated APIs, exports, batch tools, and any successor, replacement, or related feature (collectively, the "Service").

1. Acceptance, Eligibility, and Changes

You must be at least 18 years old (or the legal age of majority where you live) and have capacity to enter into contracts. If you use the Service on behalf of an organisation, you represent that you are authorised to bind it, and "you" also means that organisation.

We may modify these Terms at any time. Material changes will be posted here with an updated Effective Date and, where legally required, notified by email at least thirty (30) days before taking effect. Continued use after changes take effect is acceptance of them. The version in effect when a charge is made governs that charge.

2. Accounts and Security

Register with accurate, current, complete information and keep it up to date.
You are responsible for all activity under your account, whether or not authorised by you.
You may not share credentials, resell access, or let anyone else use your account.
Creating multiple accounts, using disposable or aliased email addresses, or otherwise circumventing free-tier, trial, credit, promotional, allowance, or eligibility limits is prohibited and will, at our sole discretion, result in termination and forfeiture of credits and promotional pricing. We may treat accounts sharing an email alias, payment instrument, billing identity, device, or household as a single customer.
Notify us promptly of unauthorised access. You remain liable for charges incurred until we are notified in writing.

3. The Service — What We Provide and What We Do Not Promise

No service level. The Service is provided without any uptime, availability, latency, throughput, or turnaround commitment. We offer no service-level agreement and no service credits.
No outcome. We provide software and processing capacity. We do not promise that metadata will be accepted by any agency, that any asset will be approved, that any sale, view, ranking, or revenue will result, or that Selling Score will predict any actual outcome. Selling Score is a statistical estimate.
Evolving features. We may add, change, restrict, or discontinue any feature at any time. Where a discontinued feature was material to a paid plan, we will give reasonable notice.
Beta, alpha, and closed-preview features — including CyberPusher v2, Studio, Marketplace, Cyber Passport, and anything labelled beta, alpha, preview, or experimental — are provided as-is, may be unstable, incomplete, rate-limited, restricted to selected accounts, or withdrawn without notice, and are excluded from every warranty and from any refund claim.
Third-party dependency. The Service depends on third parties (§13). Their outages, latency, content refusals, deprecations, model changes, and price changes are outside our control.

4. Subscriptions, Billing, and Automatic Renewal

The Service is offered on a subscription basis, on a per-credit basis, or both. Prices, plan contents, and included credits are those displayed at checkout at the moment of purchase and confirmed by our payment processor (Stripe, Inc.).

Automatic renewal. Monthly and annual subscriptions renew automatically at the end of each billing cycle at the then-current price for that plan, until cancelled. You authorise us and Stripe to charge your saved payment method for each renewal without further notice, subject to any notice required by law.
Annual subscriptions are a twelve (12) month prepaid commitment billed upfront. The annual price, and any promotional or grandfathered rate, is granted in exchange for that commitment. Cancelling prevents the next renewal and does not end or refund the current term.
Price changes. We may change prices for future billing periods. Changes are notified in advance where required and take effect from your next renewal. Continuing after that renewal is acceptance.
Cancellation. Cancel at any time in billing settings. Cancellation takes effect at the end of the current paid period and does not entitle you to a refund except as set out in the Refund Policy.
Taxes. Prices are exclusive of applicable taxes, duties, and levies unless stated otherwise; these are your responsibility and may be collected by us or our processor.
Failed payments and suspension. If a payment fails we may suspend or downgrade access immediately and retry the charge. You remain liable for amounts due for periods already supplied.
Chargebacks. Initiating a chargeback for a charge that is not refundable under the Refund Policy, or without first contacting support, is a material breach. We may suspend or terminate the account, revoke and forfeit credits and promotional pricing, decline future service, and recover the disputed amount together with dispute fees and reasonable costs to the extent permitted by law.

4A. Automatic Renewal Disclosures (California and similar laws)

The Company is established in California, and California's Automatic Renewal Law applies to subscriptions sold to California consumers. Equivalent rules apply in several other jurisdictions. This section sets out the disclosures those laws require, and they apply to every customer regardless of location.

Your subscription renews automatically. Monthly plans renew every month and annual plans renew every twelve months, at the then-current price for that plan, and continue to renew until you cancel.
You are charged automatically. The payment method you provide is charged at the start of each renewal period without further action by you.
The renewal terms are shown before you pay. The billing period, the amount, the automatic renewal, and the refund position for the purchase are displayed on the payment screen, and your agreement to them is recorded with the transaction.
How to cancel. Cancel at any time, online and without contacting anyone, in your account's billing settings. Cancellation takes effect at the end of the current paid period and stops all future renewals. You may also email support@cyberstock.lol and we will process the cancellation.
What cancellation does not do. It does not refund or pro-rate the period already paid for. See the Refund Policy.

Where a jurisdiction requires advance notice of a renewal, a renewal reminder, or a specific cancellation mechanism, we will provide it as required by that law.

5. Credits

What a credit is. A credit is a prepaid, revocable entitlement to consume a unit of processing on the Service. It is not money: it has no cash value, earns no interest, is not a stored-value or payment instrument, is not property, and is not transferable, assignable, sellable, or redeemable for cash.
Consumption. Credits are consumed per operation. The number of credits an operation costs is shown in the app and may differ between operations, surfaces, media types, and plans. We may change per-operation pricing prospectively; the cost applied is the one in effect when the operation runs.
Subscription credits are granted for a billing cycle, reset at the start of each cycle, and do not roll over. Unused subscription credits are lost at cycle end and are never refundable.
Top-up credits do not have an expiry date but require an active paid subscription or active Unlimited plan to be spent; this is enforced server-side. They are not a substitute for a subscription.
Bonus, promotional, referral, goodwill, and compensation credits may be granted, limited, time-boxed, or revoked at our discretion and are never refundable in cash.
Corrections. We may correct any credit balance that resulted from a billing error, technical fault, duplicate grant, promotional error, or abuse, in either direction, and will record the correction in your credit history.
Forfeiture. On termination for breach, on an unjustified chargeback, or on closure of your account, remaining credits are forfeited without compensation, except where mandatory law requires otherwise.

6. Immediate Performance and the Right of Withdrawal

Access, allowances, and credits are provisioned immediately on payment, and processing begins as soon as you submit work. This is the nature of the Service and the reason it is priced as it is.

If you are a consumer in the EU/EEA, the United Kingdom, Norway, or Switzerland you normally have a statutory period (typically 14 days) to withdraw from a distance contract. When you purchase, you are asked to expressly request and consent to performance beginning immediately, and to acknowledge that you lose your right of withdrawal once the service has been fully performed. Your consent, the wording shown to you, and the time it was given are recorded with your purchase and form part of this agreement.

Where that consent was given, you are not entitled to withdraw from, or obtain a refund of, a service already performed. Where you withdraw during the period and performance has begun but is incomplete, you remain liable for the proportion actually supplied — including credits consumed, processing performed, and deliveries made — and any refund is reduced accordingly.

This section explains the interaction between immediate delivery and the statutory right. It does not remove any right you have where such consent was not given or where mandatory law provides otherwise.

7. Refunds

Except where mandatory law requires otherwise, all payments are final. Any voluntary refund we offer, its eligibility conditions, its time limits, and the process for requesting it are set out in full in the Refund Policy, which is incorporated into these Terms and is the authoritative document on refunds.

No statement by any employee, agent, chatbot, marketing page, invoice, receipt, or third party creates a refund entitlement beyond the Refund Policy. Refunds issued in connection with a pricing correction under §9 are the only refunds available where that section applies.

8. Fair Use and Throughput

Plans described as "unlimited" are unlimited in volume and are not a commitment to any speed. Processing throughput is managed as set out in the Fair Usage Policy, which is incorporated into these Terms. We set and may adjust allowances, queue priority, and per-account limits, and we expressly reserve the right to introduce per-cycle volume limits or metered pricing above an allowance for future billing periods. Reduced throughput or enforcement under that policy is not a failure to supply the Service and is not a ground for a refund, chargeback, or compensation.

9. Pricing Errors, Promotional Codes, and Anti-Abuse

Our promotional pricing (including Early Bird waves, grandfathered pricing, and any coupon or promotion code) is layered on top of a regular list price, so misconfiguration is possible. This section governs such situations and applies to every purchase, at sign-up and on every renewal.

Displayed price is authoritative in normal cases. Where the price shown and confirmed at checkout matches the intended price for your eligibility tier, that is what you will be charged.
Manifest pricing errors. If a coupon, promotion code, discount, product-price misconfiguration, currency-conversion error, tax-calculation error, or any other error causes the total charged to be materially lower than the intended price for your eligibility tier — including an invoice resolving to $0.00, a negative amount, or an amount below the applicable floor on our public pricing page — we may, at our sole discretion and without notice:
1. void the affected discount and correct the invoice to the intended price;
2. charge your saved payment method the corrected amount, which you authorise;
3. cancel the subscription or order as of the erroneous start date and reverse credits granted in reliance on the erroneous total;
4. refund the corrected charge and terminate service at our option; and/or
5. where the error resulted from your abuse or attempt to obtain unearned pricing, refuse future service at the affected tier and terminate the account.
No entitlement from an erroneous or promotional price. Payment of an erroneous total (including $0.00) creates no right to continued service at that total and no implied "free month", "lifetime free", or other entitlement, and waives none of our rights. Any statement to the contrary — by the Service, marketing copy, invoice, receipt, or a third party — is superseded by these Terms.
Promotion-code abuse. Codes are non-transferable, single-use per eligibility criteria, and reserved for the customer, cohort, and window we designate. You may not (a) share or resell codes; (b) stack codes not designed to stack; (c) create accounts to re-redeem; (d) exploit checkout, referral, currency, tax, or billing errors; or (e) apply a code to a purchase it was not intended for. Any such use is a manifest pricing error under this section and may additionally result in permanent termination.
Retroactive corrections. If an error is found after one or more renewals at an incorrect total, we may correct prospectively, bill the difference for past cycles up to the statutory limit, or terminate the subscription, at our sole discretion. We will use reasonable efforts to notify you first but are not required to.
Fraud and stolen instruments. A purchase made with a stolen or unauthorised payment instrument, or in furtherance of money laundering, sanctions evasion, or any illegal purpose, is void ab initio; all remedies here apply in addition to reporting to authorities and to Stripe.

10. Acceptable Use

You may not use the Service to generate, keyword, distribute, or deliver content that is illegal, infringes third-party rights, sexually exploits or endangers minors, is non-consensual intimate imagery, incites violence, or otherwise violates applicable law.
You may not upload or process material you do not own or have the necessary rights, licences, releases, and consents for, including model and property releases and rights in identifiable persons, trademarks, and protected works.
You may not reverse-engineer, decompile, scrape, benchmark for publication, overload, or probe the Service or our API, nor use outputs of the Service to train a model or build a competing product.
You may not misrepresent AI-generated or AI-assisted content on any platform that requires disclosure, and you are responsible for making every disclosure those platforms require.
You are solely responsible for metadata you deliver to third parties, for complying with each destination's own terms, and for the consequences of rejections, takedowns, penalties, or account actions there.
You may not use the Service to process material on behalf of others as a service, agency, or resale offering unless we have agreed to that in writing.

11. Deliveries to Stock Agencies and Automation Risk

CyberPusher delivers files and metadata to third-party platforms on your instruction. CyberPusher v1 uses FTP/SFTP credentials you supply. CyberPusher v2 automates actions inside your own browser session using credentials you already hold. In both cases you instruct and authorise us to act on your behalf.

You are responsible for keeping those credentials valid and for the security of your own accounts.
You represent that your use of automation is permitted by each destination platform. Some platforms restrict or prohibit automated submission; checking and complying is your responsibility, not ours.
You accept the risk of any action a destination platform takes — rejection, removal, throttling, penalty, suspension, or permanent closure of your account there — arising from submissions, metadata, AI-generated content, volume, or automation. We are not liable for those actions and they are not a defect in the Service or a ground for a refund.
Delivery means transmission accepted by the destination endpoint. What the platform then does with a file, including review outcome and timing, is outside our control.

12. Your Content, Retention, and Backups

You retain ownership of files you upload ("Your Content"). You grant us a worldwide, royalty-free, sublicensable licence to host, store, copy, transmit, process, adapt, and derive metadata from Your Content, and to transmit it to our AI, storage, and delivery providers, solely as necessary to operate and provide the Service and to comply with law.

We are not a backup service. Original files may be deleted after the retention window shown in the app once processing and delivery are complete. You must keep your own master copies. We are not liable for loss of Your Content, however caused.
Export before you leave. After cancellation, closure, or termination, we may delete Your Content and derived metadata. Export what you need first.
Business records are retained. We keep account, checkout, acceptance, credit-ledger, fraud, invoice, and delivery records for as long as needed for audit, tax, security, dispute-resolution, and legal compliance.
Model training. We do not use Your Content to train generative models except where you have given a separate, explicit opt-in, which you may withdraw at any time in your account settings. Aggregated, de-identified statistics and usage telemetry that do not identify you or reproduce Your Content may be used to operate and improve the Service.

13. AI Outputs

Subject to these Terms and to the terms of the underlying AI providers, you may use the metadata, scores, and generated assets produced for you ("Outputs") for your own commercial purposes.
Outputs are not exclusive. Generative systems can produce identical or similar results for other users from similar inputs. We grant no exclusivity in any Output and make no claim that an Output is unique.
We do not warrant that Outputs are accurate, complete, original, non-infringing, compliant with any platform's rules, or fit for any purpose. You are responsible for reviewing Outputs before publishing or delivering them.
Outputs may be refused, filtered, or altered by third-party providers' safety systems. A refusal is a provider decision, not a defect.
Where an Output is generated from Your Content, you remain responsible for holding the rights in that input.

14. Marketplace, Cyber Passport, and Payouts

Where you list, licence, or sell assets through Marketplace or issue licences through Cyber Passport, you represent that you hold all necessary rights and that the asset and its metadata are lawful and accurate.
You are responsible for your own tax obligations on any proceeds, and for providing identity, tax, and payout information we or our processors require. We may withhold payouts pending verification.
We may remove a listing, revoke a licence record, or suspend selling privileges where we reasonably believe there is a rights, legal, fraud, or compliance problem.
A licence record or certificate we generate is a record of what was declared and issued. It is not a warranty of title, provenance, or non-infringement by us.

15. API

API access requires an eligible plan and is subject to per-key rate limits and the Fair Usage Policy.
API keys are secrets. You are responsible for every request made with your key and for revoking a key you believe is exposed.
You may not resell, sublicense, or provide API access to third parties, or use it to build a service that competes with the Service.
We may change, version, deprecate, throttle, or revoke API endpoints and keys, and will use reasonable efforts to give notice of breaking changes.

16. Third-Party Providers

The Service depends on third parties including, without limitation, Stripe (payments), Supabase (database, authentication, storage), Cloudflare (object storage and network), Google (Gemini and related AI services), additional generative-AI providers where enabled, Algolia (search), analytics providers, and stock-agency destinations. Their availability, accuracy, pricing, policies, and continuity are outside our control, and we are not liable for their delays, refusals, outages, changes, or actions.

17. Our Intellectual Property; Feedback

We and our licensors retain all rights in the Service, its software, models, prompts, ranking systems, Selling Score methodology, keyword corpora, datasets, workflows, interfaces, and all derivative and improved works. You receive a limited, non-exclusive, non-transferable, revocable licence to use the Service for its intended purpose during your paid term. All rights not expressly granted are reserved.

If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction or compensation.

18. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT AI-GENERATED METADATA OR ASSETS WILL BE ACCURATE, COMPLETE, ORIGINAL, NON-INFRINGING, ACCEPTED BY ANY THIRD-PARTY AGENCY, OR RESULT IN ANY SALE OR REVENUE. SELLING SCORE IS A STATISTICAL ESTIMATE, NOT A GUARANTEE. NOTHING IN THIS SECTION LIMITS WARRANTIES THAT CANNOT LAWFULLY BE EXCLUDED.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER THE COMPANY NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, CONTENT, GOODWILL, ANTICIPATED SAVINGS, OR THIRD-PARTY ACCOUNT STANDING, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS IS LIMITED TO THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY US DOLLARS (US$50). THESE LIMITS APPLY IN AGGREGATE ACROSS ALL CLAIMS AND ARE AN ESSENTIAL BASIS OF THE BARGAIN; THE PRICING OF THE SERVICE REFLECTS THEM. NOTHING HERE EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED, INCLUDING FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR FOR FRAUD.

20. Indemnification

You will defend, indemnify, and hold harmless the Company and its affiliates, officers, employees, and agents from and against any claim, demand, investigation, damage, liability, loss, cost, and expense (including reasonable legal fees) arising out of or related to (a) Your Content and the rights in it; (b) your use of the Service in breach of these Terms or of applicable law; (c) your dealings with any third-party destination platform, including any action it takes against you; (d) pricing-error abuse, coupon abuse, bad-faith chargebacks, or circumvention of limits or multiple accounts; (e) your listings, licences, or sales through Marketplace or Cyber Passport; and (f) breach of your representations under these Terms.

21. Suspension and Termination

We may suspend or terminate your account and access at any time, with or without notice, if we reasonably believe you have breached these Terms, abused promotional pricing or coupons, circumvented allowances or limits, initiated a bad-faith chargeback, exposed the Company to legal, security, financial, or reputational risk, or where required by law.
On termination for cause, your licence ends immediately, remaining credits and promotional pricing are forfeited, and no refund is due except where mandatory law requires otherwise.
We may retain business records after termination as described in §12, and may refuse to provide the Service to you again.
Sections that by their nature should survive termination do survive it, including §5 (credits), §7 (refunds), §12 (content and records), §17–§20, §22, and §23.

22. Force Majeure

We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disaster, war, terrorism, civil unrest, epidemic, labour action, sanctions, government action, failure or change of a third-party provider or model, network or hosting failure, cyber-attack, or interruption of power or internet service.

23. Time Limit for Claims; No Class Actions

To the extent permitted by law, any claim arising out of or related to these Terms or the Service must be brought within twelve (12) months after the event giving rise to it, failing which it is permanently barred.

To the extent permitted by law, disputes must be brought individually. You may not bring or participate in a class, collective, consolidated, or representative proceeding.

24. Governing Law and Disputes

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the State of California, United States, excluding its conflict-of-law rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

The state and federal courts located in Orange County, California have exclusive jurisdiction, and you consent to personal jurisdiction and venue there. Each party waives any right to a trial by jury.

Before commencing proceedings, you agree to contact us at legal@cyberstock.lol with a written description of the dispute and to allow thirty (30) days to resolve it informally.

If you are a consumer, this section does not deprive you of the protection of mandatory consumer-protection law of your country of residence, or of the right to bring proceedings in the courts of that country, where that law so provides.

25. Miscellaneous

Entire agreement. These Terms, together with the Refund Policy, Fair Usage Policy, Privacy Policy, and any acceptance record logged at checkout, are the entire agreement and supersede all prior statements on the same subject matter, including marketing copy and support correspondence.
Order of precedence. Where documents conflict: the Refund Policy governs refunds; the Fair Usage Policy governs throughput and allowances; these Terms govern everything else.
Severability. If a provision is unenforceable, the rest remains in force and the provision is replaced by an enforceable one closest to the original intent. Where a provision is unenforceable only as to consumers in a jurisdiction, it remains enforceable elsewhere and as to non-consumers.
No waiver. Failure to enforce a right is not a waiver of it.
Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganisation, or sale of assets.
Notices. We may give notice by email to the address on file, by in-Service message, or by posting to cyberstock.lol. Notices to us go to legal@cyberstock.lol.
Language. The English version of these Terms governs; any translation is for convenience only.
No third-party beneficiaries. These Terms create no rights for anyone other than you and the Company.

26. Contact

Questions about these Terms or a specific charge: support@cyberstock.lol. Legal and billing-correction notices: legal@cyberstock.lol.