Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Athana (“Athana,” “we,” “us,” or “our”) governing your access to and use of the Athana website at www.athana.ai, the Athana web application, and related services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other entity, you represent that you are authorized to bind that entity, and “you” refers to that entity.

Athana is an AI marketing platform that provides an AI chief marketing officer (“Mira”) and AI influencers used to research trends, plan campaigns, and generate and publish short-form marketing content — including photos, videos, slideshows, reaction videos, ads, and memes — to social platforms such as TikTok, Instagram Reels, YouTube Shorts, and X. The Service uses third-party AI and media models and evolves over time; we may add, modify, or discontinue features at any time.

• You must be at least 18 years old and able to form a binding contract to use the Service.
• You must provide accurate registration information and keep it current. You are responsible for all activity under your account and for keeping your credentials confidential.
• You may not share, sell, or transfer your account, create an account using false information, or use the Service if previously banned.
• Notify us promptly of any unauthorized use of your account.

The Service offers paid subscription plans billed in advance on a recurring basis (for example, monthly or annually) through our payment processor, Stripe. Prices and plan features are described at the time of purchase.

• Authorization. By subscribing, you authorize us and our payment processor to charge your payment method for the applicable fees, taxes, and recurring charges.
• Automatic renewal. Your subscription automatically renews at the then-current price for the same interval unless you cancel before the end of the current term.
• Cancellation. You may cancel at any time from your account billing settings or by contacting support. Cancellation takes effect at the end of the current billing period; you retain access until then.
• Price changes. We may change prices and plan features. We will provide reasonable notice of material changes, which take effect on your next renewal. Continued use after the change means you accept the new price.
• Upgrades & downgrades. Upgrades take effect immediately and may be charged on a prorated basis; downgrades take effect at the next renewal and may reduce features, credits, or capacity.
• Taxes. Fees exclude applicable taxes; you are responsible for any sales, use, VAT, or similar taxes, which may be added at checkout.
• Non-payment. If a charge fails, we may suspend or terminate your access and continue attempting to collect amounts due.

Certain features consume credits. Credits are prepaid units used to access specific generation features at the rates shown in the Service.

• Credits have no cash value, are non-transferable, and are non-refundable except as required by law or expressly stated in these Terms.
• Plan credits may expire at the end of each billing cycle and generally do not roll over unless we state otherwise. Promotional credits may expire and are subject to additional conditions.
• Unused credits are forfeited when your account is cancelled or terminated.
• Credit costs for features may change at our discretion. We typically deduct credits when a generation is submitted and aim to refund credits if a generation fails for reasons attributable to the Service.

Except as required by applicable law or expressly stated here, all fees and credit purchases are non-refundable, and we do not provide refunds or credits for partial subscription periods, unused credits, or content you are dissatisfied with.

Where required by the law of your jurisdiction, you may be entitled to a refund; in that case, contact support@athana.ai with your request. Refunds, where granted, apply to the initial purchase only and not to renewals, and exclude amounts attributable to credits already used. Unauthorized chargebacks may result in suspension or termination of your account. See our Refund Policy at www.athana.ai/refunds for full details.

We may offer a free plan and time-limited trials that provide access to certain features at no charge or with limited usage. We may change or discontinue free offerings at any time, and we may impose usage limits. Free and trial usage is provided “as is” and is subject to these Terms. Unless you cancel, your access reverts to the applicable free or paid terms at the end of a trial.

“Your Content” means the Inputs you submit (such as prompts, scripts, brand materials, product images, logos, reference photos, and voices) and the Outputs generated for you through the Service. As between you and Athana, you retain your rights in Your Content.

You grant Athana a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify, process, transmit, and display Your Content as needed to operate, secure, provide, and improve the Service (including generating, storing, and publishing your Outputs and using service providers to do so). You may remove content from your account, subject to reasonable backup and legal-retention periods.

You represent and warrant that you own or have all rights, consents, and permissions necessary to submit Your Content and to grant the licenses above, and that Your Content and your use of Outputs do not violate these Terms, any law, or the rights of any third party.

The Service uses generative AI to produce Outputs based on your Inputs. You acknowledge and agree that:

• Outputs are generated by probabilistic models and may be inaccurate, incomplete, offensive, or otherwise flawed, and may not be unique — similar Inputs by other users may produce similar Outputs;
• We make no representation or warranty regarding the originality, accuracy, non-infringement, or fitness of any Output;
• You are solely responsible for reviewing and validating Outputs before use, and for your publication, distribution, and commercial use of them, including any required AI or advertising disclosures and compliance with the rules of any platform on which you publish;
• To the extent we hold any rights in Outputs, we assign them to you upon generation, subject to your compliance with these Terms and to the rights of underlying model providers and third parties; and
• We may use Inputs, Outputs, and usage data to operate, secure, and improve the Service as described in our Privacy Policy.

You agree not to use the Service to create, upload, or distribute content, or to take any action, that:

• is unlawful, infringing, defamatory, fraudulent, deceptive, harassing, hateful, obscene, or sexually explicit, or that sexualizes or harms minors;
• infringes or misappropriates any intellectual property, privacy, publicity, or other rights of others;
• impersonates any person or entity, or creates deceptive “deepfakes” or content using the name, likeness, image, or voice of a real person without their consent and all necessary rights;
• promotes violence, discrimination, illegal activity, or dangerous misinformation, or violates election, financial, health, or other sensitive-content rules;
• constitutes spam, deceptive advertising, or activity that violates the rules of any social or advertising platform;
• creates or distributes fake or deceptive reviews, testimonials, endorsements, or social proof— including fabricated customer reviews, fake “I used this product” statements, fake or unauthorized celebrity or influencer endorsements, or content that misrepresents who is speaking — or that artificially inflates or misrepresents followers, views, likes, or engagement;
• publishes sponsored, promotional, or AI-generated content without making any disclosures required by law or platform rules (endorsements must be truthful, not misleading, and any material connection must be clearly and conspicuously disclosed);
• attempts to reverse engineer, decompile, scrape, or extract source code or data from the Service except as permitted by law, or that uses Outputs to train competing AI models or build a competing service;
• interferes with, overloads, or disrupts the Service or its security; or
• violates any applicable law, regulation, sanctions, or export control.

We may, but are not obligated to, monitor, review, remove, or refuse content and suspend or terminate accounts that violate these Terms, in our discretion.

You may notupload, submit, or generate content that uses the face, image, likeness, or voice of a real, identifiable person — including through reference images, AI influencers based on real people, voice cloning, or “digital replicas” — unless you have first obtained that person’s express, verifiable, written consent for the specific uses you and the Service will make of that content. You must retain proof of such consent and provide it to us on request.

A person’s face and voice may constitute biometric identifiersand protected likeness or “digital replica” rights under laws such as the Illinois Biometric Information Privacy Act (BIPA), California’s digital-replica statutes, New York’s right-of-publicity and digital-replica laws, and similar U.S. state and other laws. You are solely responsible for determining which laws apply to your content and for obtaining every consent, release, and disclosure those laws require (including any biometric consent and retention notices). You must not create non-consensual intimate imagery, election or political deepfakes, or content that impersonates a person in a deceptive or harmful way.

You acknowledge that consent and verification are your responsibility; any tools the Service may offer to flag, label, or watermark AI-generated content or to record consent are provided as a convenience only and do not shift this responsibility to Athana or guarantee compliance.

When you connect a social account and publish or schedule content, you authorize us to publish on your behalf through our publishing provider, and you remain responsible for ensuring your content complies with each platform’s terms and policies and includes any AI, sponsorship, or endorsement disclosures required by law or that platform.

The Service, including its software, models integration, design, text, graphics, logos, and the “Athana” and “Mira” brands, is owned by Athana and its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. We reserve all rights not expressly granted. You may not remove proprietary notices or use our trademarks without permission. Any feedback you provide may be used by us without restriction or obligation to you.

The Service integrates with and depends on third-party services, including AI and media providers, social platforms, payment processors, and hosting providers. Your use of third-party services is governed by their own terms and privacy policies, and we are not responsible for their acts, omissions, availability, or content. We are not liable for any failure, suspension, or change of a third-party service.

These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access at any time, with or without notice, if you violate these Terms, create legal or security risk, or fail to pay, or as required by law.

Upon termination, your right to use the Service ends and we may delete Your Content, subject to legal-retention and backup periods. If we terminate a paid subscription without cause, we will refund any prepaid, unused portion. Provisions that by their nature should survive termination (including ownership, licenses, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT OUTPUTS WILL BE ACCURATE, RELIABLE, OR MEET YOUR REQUIREMENTS. ANY MATERIAL ACCESSED THROUGH THE SERVICE IS USED AT YOUR OWN RISK.

Beta or experimental features may be offered from time to time and are provided without warranty and may be modified or discontinued at any time. We make no warranty regarding the conduct of third parties.

No guarantee of results. Athana is a creative and productivity tool. We do not guarantee any particular outcome from your use of the Service or of any Output, including any level of reach, impressions, views, engagement, follower growth, conversions, sales, revenue, or return on investment; that your content or accounts will be approved, ranked, monetized, or kept available by any platform; that your accounts will not be restricted, suspended, or banned; or that generated content is original, non-infringing, or compliant with the rules of any platform, advertiser, or regulator. You assume all risk for your marketing decisions and outcomes.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ATHANA OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, ON ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ATHANA’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID ATHANA IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or fraudulent misrepresentation, gross negligence, willful misconduct, or death or personal injury caused by negligence. If applicable law would render the limitations above unenforceable as to a particular claim, they will not apply to that claim, but will continue to apply to the fullest extent permitted to all others.

You will indemnify, defend, and hold harmless Athana and its affiliates, officers, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) Your Content and your use of Outputs; (ii) your use or misuse of the Service; (iii) your violation of these Terms or any law; (iv) your violation of any third party’s rights, including intellectual property, privacy, publicity, or likeness rights; or (v) your advertising, marketing, and publishing activities. We may assume exclusive control of any matter subject to indemnification, and you agree to cooperate.

We respect intellectual property rights and respond to notices of alleged infringement. If you believe content on the Service infringes your copyright, send a notice to copyright@athana.ai including: (i) your signature; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and its location; (iv) your contact information; (v) a statement of good-faith belief that the use is unauthorized; and (vi) a statement, under penalty of perjury, that your notice is accurate and that you are authorized to act. We may remove infringing content and terminate repeat infringers’ accounts.

• Binding arbitration. You and Athana agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, rather than in court, except that either party may bring qualifying claims in small-claims court or seek injunctive relief for intellectual-property misuse. The Federal Arbitration Act governs the interpretation and enforcement of this section.
• Informal resolution first. Before starting arbitration, the parties will try to resolve the dispute informally for at least 60 days after written notice.
• Class-action & jury waiver. Disputes will be conducted only on an individual basis and not as a class, consolidated, or representative action. You and Athana waive any right to a jury trial.
• Opt-out. You may opt out of this arbitration agreement by emailing legal@athana.ai within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out. Opting out does not affect any other part of these Terms.

These Terms are governed by the laws of the State of New York and applicable U.S. federal law, without regard to conflict-of-law rules. To the extent any dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in New York County, New York, and you consent to their jurisdiction. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

• Changes to the Terms. We may update these Terms from time to time. Material changes will be posted with an updated effective date and, where appropriate, additional notice. Continued use after changes take effect constitutes acceptance.
• Assignment. You may not assign these Terms without our consent; we may assign them freely.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages, cyberattacks, or unavailability of third-party AI models or services.
• Severability & waiver. If any provision is unenforceable, the rest remains in effect, and our failure to enforce a provision is not a waiver.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Athana regarding the Service.
• Electronic communications. You consent to receive communications from us electronically.

Questions about these Terms? Contact us at: