Terms of Service | Tiny Desk AI

1. Who we are

Tiny Desk AI is operated by FISH WITH THE MOON LTD. Our registered office is Office 15727 Initial Business Centre, Unit 7 Wilson Business Park, Manchester, United Kingdom, M40 8WN, and you can reach us at support@fishwiththemoon.uk.

In these Terms, "we", "us" and "our" mean FISH WITH THE MOON LTD. "You" means the person or organisation using the service. "Service" means the Tiny Desk AI website at tinydeskai.me and everything we make available through it.

These Terms are a binding agreement between you and us. Please read them before you use the service.

2. Acceptance and eligibility

By using the service, by creating an account, or by making a purchase, you confirm that you accept these Terms. If you do not accept them, do not use the service.

You must be at least 18 years old to use the service. If you are using the service on behalf of an organisation, you confirm that you are authorised to accept these Terms on its behalf, and "you" then means that organisation.

3. The service

Tiny Desk AI is a software service delivered over the internet. What is included depends on the plan you are on and on the features that are switched on for your account.

We develop the service continuously, which means we may add, change or withdraw features. We aim to keep the service available, but we do not promise that it will be uninterrupted, timely, secure or free from errors.

4. Your account and security

To use most of the service you need an account. When you create one, you agree to give accurate information and to keep it up to date.

You are responsible for everything that happens under your account, and for keeping your password, sign-in links and any API keys secret. Do not share your account with anyone else, and do not use anyone else's account.

Tell us at support@fishwiththemoon.uk as soon as you become aware of any unauthorised use of your account or of any other breach of security. We may suspend an account while we investigate a suspected compromise.

Unless we agree otherwise in writing, one person or organisation may hold one account.

5. Plans, fees and renewal

5.1 Plans and prices

We offer subscription plans billed monthly or yearly, and one-off purchases such as a lifetime plan. Which plans are available, what each one includes and what each one currently costs are set out on our pricing page. The currency and the amount you will be charged are shown at checkout before you pay.

5.2 Renewal and your authorisation

Subscriptions renew automatically at the end of each billing period until you cancel.

By starting a subscription you expressly authorise FISH WITH THE MOON LTD to charge your payment method the then-current fee on each renewal date, automatically and without further action by you, until you cancel.

We do not send renewal reminders ourselves. Our payment provider sends receipts, and renewal notices to the extent that it supports them, to the email address held for your account. You can see the date your current billing period ends at any time on your Account page, under Plan and credits.

If we change the price of a plan, we will tell you at least 15 days before the change takes effect, and the new price applies from your next renewal date. You are free to cancel before that date if you do not want to continue at the new price.

5.3 Your right to cancel within 14 days

If you are a consumer in the UK or the EU, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 give you 14 calendar days from the date of purchase in which to cancel. Nothing in these Terms or in our Refund Policy limits that right, or any other right that mandatory consumer law gives you where you live.

Our Refund Policy sets out the voluntary refunds we offer on top of it.

5.4 How the charge appears on your statement

Payments are taken by our payment provider. The charge appears on your card or bank statement under a descriptor that identifies FISH WITH THE MOON LTD or Tiny Desk AI. If you see a charge you do not recognise, please contact us at support@fishwiththemoon.uk before you contact your bank; see section 8.

5.5 Taxes

Unless stated otherwise at checkout, prices exclude value added tax and other sales taxes. Any tax that is due is calculated from the billing address and location information you give us, and is added and shown at checkout before you pay. You are responsible for giving us accurate billing details.

Waffo Pancake acts as the merchant of record for purchases on Tiny Desk AI. Your contract for the purchase itself is therefore with Waffo Pancake, which takes the payment, charges and remits any applicable taxes, and issues the invoice. Your contract for the service remains with us, and these Terms and our Refund Policy continue to govern how the service is provided and how refunds are handled.

5A. Credits

Credits are the unit we meter the service in. They are not money, they have no cash value, and they cannot be transferred, sold or exchanged.

Credits are issued in batches. Each batch carries its own expiry date, shown to you at the time of purchase and in your account at any time; a batch issued without an expiry date does not expire. Batches may come from a signup grant, each billing period of a subscription, a credit pack you buy separately, or a manual grant from support.

Credits we give you without payment, such as the signup grant, are never refunded or exchanged. The signup grant is limited to one per person: if you open more than one account to collect it again, we may withdraw the credits granted to those accounts and close them.

When you spend credits we always draw from the batch that expires soonest, and among batches expiring on the same date, from the one issued first. You can verify this against the credit history in your account.

Credits you have not spent are not cleared at the end of a billing period. They remain available until their own expiry date, including after you cancel a subscription. Expired credits are not refunded and are not replaced.

How many credits each plan or pack includes, and how long each batch lasts, are set out on our pricing page and at checkout.

6. Cancelling your subscription

You can cancel at any time. Open your Account page and, under Plan and credits, choose Manage subscription and payments to enter the customer portal. The portal is operated by our payment provider, and you complete the cancellation inside it. If you cannot reach the portal, email us at support@fishwiththemoon.uk from the address on your account and we will cancel on your behalf.

Cancellation takes effect at the end of your current billing period. You keep access to your paid plan until that date, and we do not charge you again after it. Your subscription status and the date your access ends are shown in the customer portal and on your Account page, under Plan and credits.

Cancelling does not by itself refund the period you have already paid for. Refunds are covered by our Refund Policy.

7. Refunds

Refunds are governed by our Refund Policy, which forms part of these Terms. That policy sets out your statutory cancellation rights and the voluntary refunds we offer on top of them.

8. Billing disputes

If you believe you have been charged incorrectly, contact us at support@fishwiththemoon.uk first. Please do not raise a chargeback with your bank or card issuer before you have given us the opportunity to look into it; we can almost always resolve a billing problem faster than a chargeback can.

We acknowledge billing enquiries within 3 working days, and most are resolved within 5 working days. Where we agree that a charge was wrong, we refund it to the original payment method.

If you raise a chargeback while we are still dealing with your enquiry, we may suspend your account until the chargeback is resolved.

9. Acceptable use

You agree not to use the service, and not to allow anyone else to use the service, to:

break any law that applies to you, or help anyone else to do so;
upload, generate, store or distribute content that is illegal, including any content that sexually exploits or endangers children;
create or spread synthetic media that impersonates a real person without their consent, or that is designed to deceive as to its origin or authenticity;
harass, threaten, defame or discriminate against anyone;
distribute malware, run phishing campaigns, or send unsolicited bulk messages;
infringe anyone's copyright, trade marks, trade secrets, confidential information, privacy or other rights;
probe, scan, overload or circumvent the security, rate limits or access controls of the service, or use the service to attack any other system;
extract data from the service by automated means outside the interfaces we document, or resell, sublicense or redistribute the service without our written permission;
do anything that breaches the rules of the card schemes or of our payment provider, including using the service to process payments for someone else;
use the output of the service to train, fine-tune or otherwise develop a competing model or service;
present the output of the service as advice from a licensed professional, or use it to impersonate a doctor, lawyer, accountant or any other regulated professional.

We may investigate suspected breaches of this section and take the steps set out in section 13.

9.1 Images and likeness of real people

This matters most when you upload a photo of a person, or generate an image, video or voice of one. By submitting it you confirm that:

it shows you, or a person who has given you permission to use their likeness in this way;
you will not submit images of minors without their parent or guardian's consent;
you will not use the likeness of a public figure or celebrity to impersonate them;
the result will not be used to create or spread content that is sexual, hateful, harassing or defamatory, or that is intended to deceive, for example passing it off as real footage of a real person saying or doing things they never said or did.

You are responsible for how you share what you create. If someone has used your image without your permission, write to support@fishwiththemoon.uk and we will remove it.

9A. Content safety

We work to keep content that breaks section 9 off the service.

Checks. We may check what you submit and what the service produces, using automated filters, the safety systems of the providers we rely on, and manual review. Content that a check flags may be blocked before it is produced or delivered.
Child sexual abuse material. Content that sexually exploits or endangers children is prohibited absolutely and without exception. We remove it, terminate the account, preserve what the law requires us to preserve, and report it to the relevant authorities.
Intimate content of real people. Sexual or intimate content that depicts a real person without their explicit consent is removed, and the account is terminated.
Reports. Anyone can report content under section 10.5, and we act on every well-founded report.
Enforcement. For other breaches we follow section 13: normally a warning first, then suspension, then termination, and straight to suspension or termination where the breach is serious.

10. Your content

You keep all rights in the content you upload to or submit through the service. You are responsible for it, and you confirm that you have the rights you need to submit it.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, adapt and display your content strictly to the extent needed to operate the service, to keep backups, and to comply with the law. The licence lasts only as long as we hold the content and ends when the content is deleted. We do not use your content for any other purpose.

10.1 AI output

Where the service generates output from what you submit, you keep the rights in what you submit and, as between you and us, we assign to you whatever rights we have in the output. Similar or identical output may be generated for other users, and we make no claim that any output is unique.

10.2 Model providers

Some AI features are delivered by third-party model providers, which process what you submit on our behalf. Those providers are named in the subprocessor table in our Privacy Policy.

10.3 We do not train on your content

We do not use your content, your prompts or the output generated for you to train or fine-tune our own models. Whether a model provider may use what it processes for training is set by that provider's own policy; please check it on the provider's website. The providers are named in the subprocessor table in our Privacy Policy.

10.4 Accuracy of AI output

AI output can be wrong, incomplete, biased or misleading, and it may look confident while being none of those things. You must review it before you rely on it. Output is not professional advice, whether legal, medical, financial or otherwise, and you use it at your own risk.

10.4A Failed generations

If a generation fails, whether through an error, a timeout or a safety check that blocks the request or the result, you are not charged for it, and any credits taken for it return to your balance automatically. You do not need to ask. A generation that completes but whose result you do not like is not a failure.

10.5 Reporting content

If you believe content on the service infringes your rights or breaks section 9, email support@fishwiththemoon.uk with a link to the content, what is wrong with it, how to contact you, and a statement that you believe in good faith that the content should not be there. Where you are reporting an infringement of copyright or another right, confirm that you own that right or are authorised to act for the owner.

We acknowledge reports within 3 working days. Where a report is well founded we remove the content or disable access to it, and we tell the person who posted it what was removed and why. If you are that person and you believe we got it wrong, reply to us and we will look at it again. Most issues are resolved within 5 working days.

11. Intellectual property

The service itself, including the software, the interface, the design, the text and the trade marks, belongs to us or to our licensors, and is protected by intellectual property law. Nothing in these Terms transfers any of those rights to you.

We grant you a limited, non-exclusive, non-transferable, revocable right to use the service in line with these Terms, for as long as your account is in good standing. You may not copy, modify, decompile or reverse engineer the service except to the extent the law expressly allows you to.

Any feedback you send us is welcome, and we may act on it without owing you anything for it.

12. Third-party services

We use third parties to run the service, including a hosting and edge provider and an email provider, a payment provider, and model providers for the AI features. Each of them is listed, with what it does and what data it handles, in the subprocessor table in our Privacy Policy.

Those providers operate under their own terms and privacy policies. Where the service links to a site we do not control, we are not responsible for that site's content or practices.

13. Suspension and termination

You can stop using the service at any time. To close your account, email us at support@fishwiththemoon.uk from the address on your account. Sections 10 and 12 of our Privacy Policy set out how long we keep your data afterwards and how to ask us to delete it.

Where you breach these Terms, we will normally warn you first, then suspend your access, and only then terminate your account. We may skip straight to suspension or termination where the breach is serious, and in particular where it involves illegal content, content that endangers children, fraud or payment fraud, an attack on the security or availability of the service, or a breach that exposes us or our users to legal or financial risk.

We may also suspend the service, in whole or in part, where we are required to do so by law, or where a payment for your account has failed and remains unpaid.

If we suspend or terminate your account and you think we got it wrong, write to us at support@fishwiththemoon.uk. Most issues are resolved within 5 working days, and we will reinstate the account if the decision was mistaken.

If we terminate your account because you breached these Terms, any unspent credits are forfeited and are not refunded. This is an exception to our Refund Policy.

14. Disclaimers and limitation of liability

The service is provided as it is

To the extent the law allows, the service is provided "as is" and "as available", and we exclude all warranties, conditions and terms that are not expressly set out in these Terms. In particular, we do not warrant that the service will meet your requirements, that it will be uninterrupted or free from errors, or that any defect will be corrected.

We give no warranty as to the accuracy, completeness, suitability or legality of any AI output, and you are responsible for reviewing it before you rely on it or publish it.

What we are not liable for

To the extent the law allows, we are not liable for loss of profit, loss of revenue, loss of business, loss of anticipated savings, loss of goodwill, or for any indirect or consequential loss, however it arises. We are also not liable for loss of data to the extent you could reasonably have avoided it by keeping your own backups.

The limit on our liability

To the extent the law allows, our total liability to you for all claims arising in any 12-month period, whether in contract, tort including negligence, or otherwise, is limited to the total amount you actually paid us for the service in the 12 months immediately before the event that gave rise to the claim.

Liability we do not exclude

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.

If you are a consumer, nothing in these Terms affects your statutory rights, and the two sections above apply only to the extent that the law permits.

15. Governing law and disputes

These Terms, and any dispute or claim arising out of them or their subject matter, are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction.

If you are a consumer, this does not deprive you of the protection of any mandatory rule of the law of the country where you live, and you may also bring proceedings in the courts of that country.

Before starting formal proceedings, please write to us at support@fishwiththemoon.uk setting out the problem and what you would like us to do about it. We will try to resolve the matter informally, and most issues are resolved within 5 working days.

15A. General

Severability. If any provision of these Terms is held to be unlawful or unenforceable, that provision is severed and the remaining provisions stay in full force.

Events outside our control. We are not liable for any failure or delay in performing our obligations that is caused by an event outside our reasonable control, including power or internet failure, the failure of a third-party provider we depend on, industrial action, epidemic or pandemic, natural disaster, or an act of government.

No waiver. If we do not insist that you perform an obligation under these Terms, or delay in enforcing a right, that is not a waiver of that obligation or right, and it does not stop us enforcing it later.

Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer ours to a buyer of the business, and we will tell you before we do.

Entire agreement. These Terms, together with our Privacy Policy, Cookie Policy and Refund Policy, form the whole agreement between you and us about the service. This does not limit any liability we cannot limit; see section 14.

16. Changes to these Terms

We may update these Terms, for example when we add features, change how billing works, or need to reflect a change in the law.

The version number and date at the top of this page always tell you which text is currently in force. We do not send a separate notification each time these Terms change, so please check this page if it matters to you. Price changes are the exception and are covered by section 5.2.

If you keep using the service after a change takes effect, you accept the updated Terms; if you do not accept them, stop using the service and, where you are on a paid plan, cancel before the change takes effect.

17. Contact us

FISH WITH THE MOON LTD Office 15727 Initial Business Centre, Unit 7 Wilson Business Park, Manchester, United Kingdom, M40 8WN support@fishwiththemoon.uk

You can also use the contact form. We aim to reply to every message within 3 working days.