Illustrious XL | Next-Gen AI for Stunning Anime & Illustration Creation

Last updated: May 29, 2025

1. Purpose and Definitions

1.1 Purpose

These Terms of Service (hereinafter, the "Terms")govern your access to and use of the websites, mobile applications, APIs, and related services (collectively, the "Service(s)") provided by Illustrious (hereinafter referred to as the "Company", "we," "us," or "our"). By using ther Service, you ("User" or "Member") agree to be bound by these Terms.

1.2 Definitions

•“User Content”: All inputs, prompts, text, or materials (e.g., images, graphics, messages, data) that you provide or upload to the Service.

•“Generated Content”: All images, graphics, or other outputs created by the Company’s AI systems based on your User Content through the Services.

•“Account”: The credentials (e.g., username, email, password) or any unique identification method that you create to access the Service.

•"Subscription-Based Services": Some of our Services require regular monthly payments to access. All Subscription-Based Services provided to you are based on 30-day intervals.

•“Purchased Stardust” and “Free Stardust”: Purchased Stardust: Stardust obtained through purchase or equivalent transactions designated by Onoma AI; Free Stardust: Stardust received at no cost, including subscription benefits, promotional gifts, or user rewards.

•“Stellar”: Stellar is a virtual currency used exclusively for special services such as LoRA training within the Services. Stellar cannot be purchased with Free Stardust; it may only be obtained through the use of Purchased Stardust. The amount of Stellar required varies based on training volume.

2. Acceptance and Modifications

2.1 Acceptance of Terms

By creating an Account, accessing or using the Service, you acknowledge and agree to be bound by these Terms. If you do not agree with any provision herein, you must discontinue use of the Service immediately and delete your Account.

2.2 Modifications

The Company may amend or update these Terms from time to time. We will notify Users of material changes with the date being announced in advance through email, notifications, or other appropriate channels. Your continued use of the Service after the effective date of any changes constitutes acceptance of the amended Terms.

Updates the Privacy Policy: Over the course of business, we will make updates to this Privacy Policy to reflect new changes in law, Onoma AI's business practices, new technologies, or for other purposes. If we do, you will be notified 30 days in advance in regards to any material changes to the policy. We will change the “last updated” date of this policy to reflect the latest updated policy.

2.3 Application of Amendments

Unless otherwise stated, amended Terms apply from the effective date onward. Content created or stored under previous versions of the Terms will continue to be governed by the Terms effective at the time of original consent.

3. Eligibility and Accounts

3.1 Age Requirement

You must be at least 18 years of age (or the age of majority in your jurisdiction) to use our Services or create an account on our Services. By using the Service, you represent and warrant that you meet this requirement.

3.2 Account Registration

When creating an Account, you agree to provide accurate and complete information. You must update this information promptly to keep it current. You may not transfer or share your Account with others.

3.3 Account Security

You are responsible for maintaining the confidentiality of your Account credentials and for all activities occurring under your Account. If you suspect unauthorized access, you must immediately notify us at illustrious@onomaai.com.

3.3 Account Termination

We reserve the right, at our sole discretion, to refuse registration or suspend or terminate your Account if you violate these Terms or engage in unlawful or harmful conduct.

3.3 Geographical Restrictions

Access to the Services may be limited or blocked in certain countries or regions due to legal, regulatory, technical reasons, or our internal policy. We may implement technical measures, including IP address blocking, to restrict access from such jurisdictions. Residents of these jurisdictions are prohibited from using the Services, and it is your responsibility to ensure that your use of the Services complies with all applicable laws and regulations of your location.

4. User Obligations and Restrictions

4.1 User Obligations

The Services incorporate and utilize the Stable Diffusion XL models, which are licensed under the Stability AI CreativeML Open RAIL++-M License (the “Underlying License”). By using our Services, you agree to comply with all applicable terms and conditions set forth in the Underlying License, in addition to the restrictions and obligations outlined in this Agreement. Any use of the Services that violates the Underlying License shall constitute a material breach of these Terms of Service. We reserve the right to suspend or terminate access to the Services without notice in the event of any such violation.

4.2 Prohibited Activities

You agree not to:

1. Use the Service in violation of any applicable laws or regulations.

2. Attempt to reverse engineer, decompile, or extract source code from the Service.

3. Use automated means (e.g., bots, scrapers) to access the Service without our written permission.

4. Circumvent or disable any security or access control measures.

5. Use the Service to create unlawful, harassing, defamatory, obscene, or hateful content.

6. Infringe on third-party rights, including intellectual property rights, through your use of the Service.

7. Create multiple accounts to evade restrictions or blocks.

8. Use the Service for any commercial purpose without our explicit written consent.

9. Lend, lease, share, sell, or otherwise permit any third party to access or use your Account.

4.3 Service Modification

We may modify, suspend, or discontinue any part of the Service at any time without liability to you, provided any modifications do not retroactively alter or revoke ownership or licenses granted for Generated Content already created.

5. User Content Guidelines

5.1 Responsibility for User Content

You are solely responsibile for ensuring that your User Content is lawful, does not infringe on third-party rights, and complies with these Terms.

5.2 Prohibited User Content

You may not submit or generate content that:

•Infringes on third-party intellectual property rights.

•Depicts or promotes illegal activities

•Contains pornographic or excessively violent material.

•Depicts minors in any sexually suggestive context.

•Contains hate speech or harassing content.

•Contains personal data of others without lawful basis or consent.

•Violates applicable laws or regulations.

5.3 Removal of Content

We reserve the right to remove or block any User Content (including Generated Content you have chosen to store with us) that violates these Terms or is otherwise deemed harmful, without prior notice.

5.4 Monitoring and Enforcement

Although we are not obligated to monitor User Content, we reserve the right to do so and to take appropriate action if we suspect any violation of the Terms or unlawful conduct. We may cooperate with law enforcement as required.

6. Generated Content: Ownership and Use

6.1 Ownership of Generated Content

6.2 Similarity of Outputs

You understand and acknowledge that due to the nature of AI models, the same or similar prompts from different Users may result in the creation of substantially similar Generated Content. We do not guarantee that any Generated Content will be unique to you.

6.3 Use of Generated Content

You may use, reproduce, display, distribute, or transfer your Generated Content subject to these Terms and applicable law. You are solely and fully responsible for any and all Generated Content created through your use of the Service. You must ensure that your Generated Content does not infringe the intellectual property rights, portrait rights, rights of publicity, or any other rights of any third party, nor violate any applicable laws. If any Generated Content used, reproduced, displayed, distributed, or transferred by you causes any infringement or legal violation, you shall bear sole liability therefor and agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, employees, and agents from and against any and all claims, damages, losses, fines, costs, and expenses arising therefrom. You are also solely responsible for conducting independent legal review to ensure compliance with applicable laws before using or disseminating any Generated Content.

6.4 Company's Role and Disclaimers

The Company does not have any obligation to pre-screen User inputs, User Content, or Generated Content and does not guarantee the content, legality, originality, or non-infringement of any Generated Content. Nonetheless, if the Company receives appropriate legal notice or otherwise becomes aware that certain Generated Content is clearly unlawful, the Company may take appropriate action in accordance with applicable laws and its internal policies. To the fullest extent permitted by applicable law, the Company disclaims all liability for any claims, damages, or other liabilities arising directly or indirectly from your Generated Content.

6.5 Prohibited Uses of Generated Content

•Creating defamatory or harmful composites using real individuals' likenesses;

•Violating privacy or publicity rights of any person;

•Engaging in unlawful or fraudulent activities;

•Depicts sexually explicit or pornographic material;

•Sexually exploits or otherwise depicts minors in an inappropriate manner;

•Promotes, glorifies, or encourages violence, abuse, self-harm, or suicide;

•Falsely represents professional advice or certifications in fields such as medicine, finance, or law;

•Impersonates or misrepresents government agencies, public institutions, or military organizations.

6.6 Data Storage of Generated Content

By default, we do not store or retain your Generated Content. If you choose to opt in and explicitly consent to storing any Generated Content on our servers, you agree that we may retain such content in accordance with our Privacy Policy and these Terms. We will not use, share, or display your Generated Content for other purposes without your additional explicit consent.

7. Data Protection and Privacy

7.1 Compliance with Data Protection Laws

Illustrious will be compliant with all Data Protection Laws with respect to processing of user personal data. For details, please review our Privacy Policy, which is incorporated by reference into these Terms.

8. Payment and Refunds

8.1 Paid Services

Some features of the Service may be offered on a paid basis (e.g., premium subscriptions). The pricing, payment schedules, and any recurring billing details will be clearly disclosed at the time of purchase in our payment page.

8.2 Refund Requests and Policy

Payments made for the Service are final and non-refundable, except where otherwise required by applicable law. You may submit a request for a refund by contacting the Company via illustrious@onomaai.com outlining the reason for your request. Submitting a refund request does not entitle you to a refund. Unless otherwise required by applicable laws, refunds will not be issued under any circumstances including, but not limited to:

1. change of mind, dissatisfaction with the Service, or failure to use the Service;

2. partial use or consumption of any Service features, such as generation credits or subscription periods;

3. technical issues or interruptions not directly attributable to the gross negligence or willful misconduct of the Company;

4. account suspension or termination due to your violation of these Terms. All refund requests are assessed solely at the Company's discretion, to the extent permitted by applicable law. If a refund is granted, it will be processed in U.S. Dollars (USD), and the Company reserves the right, unless prohibited by applicable law, to deduct any processing fees, transaction charges, or administrative costs from the refunded amount. The Company shall have no obligation to provide compensation, credits, or other remedies in lieu of refunds.

8.3 Third-Party Payment Processors

Payments are processed by third-party vendors. You agree to abide by their terms. If a payment dispute arises, you may need to work with the payment processor or your financial institution. We will provide reasonable assistance in resolving such disputes.

8.4 Virtual Currency Purchases, Use, and Refunds (Stardust and Stellar)

The Service may offer virtual currencies, including Purchased Stardust, Free Stardust, and Stellar. These virtual currencies have no cash value, are not real currency, and cannot be exchanged for cash, bank credit, or other monetary compensation outside the Service. Purchased Stardust may be acquired through payment transactions.

Free Stardust may be provided at no cost as part of subscriptions, promotions, or user rewards.

Stellar is a specialized virtual currency used exclusively for online LoRA training. It may only be obtained through the use of Purchased Stardust and cannot be purchased or exchanged using Free Stardust.

Refunds for virtual currencies: Payments for Purchased Stardust are generally final and non-refundable, except as required by law.

Refunds for Stellar (including refunds for unused or converted Stellar) will be issued only in the form of Stardust. No refunds will be provided in USD or any other fiat currency. Free Stardust is not eligible for refunds or compensation under any circumstances.

8.5 Stardust and Stellar Details

(a) Types of Virtual Currency

Illustrious provides the following forms of virtual currency:

Purchased Stardust - Stardust obtained through direct purchase or other equivalent paid transactions designated by Onoma AI.
Free Stardust - Stardust provided at no monetary cost, including but not limited to subscription benefits, promotional bonuses, event rewards, or other discretionary distributions.
Stellar Credits / Stellar Tickets - Virtual currency used exclusively for online LoRA training. Stellar may only be acquired through conversion from Purchased Stardust or through monthly allocations included in certain subscription tiers.

(b) Usage Restrictions and Eligibility

Free Stardust cannot be used for premium or special Services, including online LoRA training.
Stellar Credits may only be acquired through:
- Conversion of Purchased Stardust, or
- Monthly subscription allocations (Stellar Tickets).
Free Stardust cannot be converted into Stellar Credits under any circumstances.

(c) Expiration and Rollover

Free Stardust does not roll over.
At the start of each subscription billing cycle, the Free Stardust balance resets to the amount included in the User’s active membership plan. Unused Free Stardust from the previous cycle expires automatically.
Purchased Stardust rolls over month-to-month and remains available until consumed. Purchased Stardust does not expire unless required by applicable law.
Subscription Stellar Tickets do not roll over and reset monthly.
Purchased Stellar Credits, once obtained, remain valid until used.

(d) Usage Priority(Deduction Order)

When multiple types of Stardust are available, the platform will automatically deduct balances in the following order:

Free Stardust (used first), and then
Purchased Stardust

This deduction order cannot be modified by the User.

For Services that require Purchased Stardust specifically (including the conversion of Purchased Stardust into Stellar), the system will draw only from Purchased Stardust.

(e) Refunds and Conversions

Stellar Credits are non-refundable in cash, and refunds—when applicable—will be issued only in the form of Stardust.
Conversions from Purchased Stardust into Stellar Credits are final and may not be reversed.
Refunds for unused Stellar Credits or Stellar Tickets may be provided only in accordance with applicable law and will not be issued in cash, credit card reversals, or other fiat currency.

9. Intellectual Property Rights

9.1 Service Components

All software, technology, algorithms, interfaces, designs, and other materials that constitute the Service (excluding User Content and Generated Content) are owned by the Company or its licensors and are protected under intellectual property laws. No implied licenses are granted.

9.2 Copyright Infringement

If you believe that any material on the Service infringes your copyright, please send a notice to illustrious@onomaai.com with:

•Identification of the allegedly infringed work.

•Description or URL of the infringing material.

•You contact information (name, address, phone, email).

•Statement of good faith belief that the use is unauthorized

•Statement that the information is accurate and that you are authorized to act on the copyrights holder's behalf.

•Electronic or physical signature of the complaining party.

We will use our best efforts to respond promptly to remove or block access to infringing materials and may terminate repeat infringers at our discretion.

10. Warranties and Disclaimers

10.1 As Is / As Available

THE SERVICE, ALL ASSOCIATED CONTENT AND AI GENERATED OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES—EXPRESS OR IMPLIED—INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

10.2 AI-Generated Content Disclaimer

We make no representations or warranties about the accuracy, reliability, or legality of Generated Content. You are solely responsible for reviewing and using Generated Content in compliance with all applicable laws and third-party rights.

10.3 No Guarantee of Error-Free Operation

We do not guarantee uninterrupted or error-free access to the Service. We are not responsible for any loss of data, delays, failures, or disruptions resulting from causes beyond our control.

10.4 Compliance with Applicable Laws

Access to the Services may be restricted in certain countries or regions due to legal, regulatory, or policy reasons. Residents of such jurisdictions are not permitted to use the Services. It is your responsibility to ensure that your access to and use of the Services complies with the applicable laws and regulations of your jurisdiction.

11. Limitation of Liability

11.1 Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL.

11.2 Liability Cap

IN ANY EVENT, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

•Your use or misuse of the Service;

•Your violation of these Terms;

•Your infringement of any third-party rights, including intellectual property or privacy rights.

•Your User Content or Generated Content, including any claims that it is unlawful or infringes on third-party rights.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

13.2 Arbitration Agreement

Any dispute, controversy or claim arising out of or relating to these terms of service, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of [three arbitrators/one arbitrator]. The place of arbitration will be New York. The language to be used in the arbitral proceedings will be English. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

13.3 Class Action Waiver

You agree that disputes with the Company will be resolved on an individual basis and not as part of any class, consolidated, or representative action. You expressly waive your right to participate in class actions.

13.4 Injunctive Relief

Notwithstanding the above, we may seek injunctive or equitable relief in a court of competent jurisdiction to prevent any unauthorized use of the Service or infringement of our intellectual property rights.

14. Termination

14.1 Termination by the Company

We may terminate or suspend your access to the Service at our sole discretion for any reason, including violation of these Terms or illegal conduct, without prior notice or liability.

14.2 Termination by You

You may terminate your Account at any time by contacting us or by using the account deletion tools (if available). Upon termination, your right to use the Service immediately ceases.

14.2 Effects of Termination

Upon termination, we may delete your Account and any related data. Certain data that must be retained by law will be exempt. Provisions regarding ownership, liability, indemnification, and dispute resolution shall survive termination.

15. Third-Party Links and Services

15.1 Links to External Sites

The Service may contain links to third-party websites or services. We are not responsible for the availability, content, or policies of such external sites or services. We provide no warranties and explicitly disclaim any liability for any content or other information provided on the third-party websites nor do we warrant the reliability or stability of these third-party services. Consequently, we assume no liability for any damages you may incur from the use of these links.

15.2 Third-Party Integrations

We may integrate third-party APIs or services to enhance functionalities. By using these features, you agree to comply with the third party’s terms. We are not liable for disruptions arising from changes or discontinuation of third-party services.

16. Contact Information

For questions about these Terms or the Service, please contact us at:

•Email: illustrious@onomaai.com

BY USING OR CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.