Terms of Service

2. Service Description

Images AI provides an artificial intelligence-powered platform for generating and editing images. Our services include:

• AI-powered image generation from text prompts
• AI-powered image editing and modification
• Cloud storage for generated and edited images
• Credit-based usage system with multiple subscription tiers
• Generation history and management features

All images are generated or edited using third-party AI models through Replicate. Content quality, accuracy, and suitability are not guaranteed.

3. Account Registration

3.1 Eligibility

You must be at least 16 years old to create an account and use our services. By creating an account, you represent and warrant that you meet this age requirement.

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate and current.

4. Acceptable Use

You agree to use our services in compliance with all applicable laws and our Acceptable Use Policy. You agree NOT to:

• Generate or edit content that is illegal under German or EU law
• Create images that infringe on intellectual property rights or violate privacy rights
• Generate harmful, violent, hateful, or discriminatory content
• Create deepfakes or misleading content without appropriate disclosure
• Use the service for spam, fraud, or malicious purposes
• Attempt to reverse-engineer or circumvent our systems
• Share your account credentials with others
• Use automated systems to abuse or overload our services

Violation of these terms may result in immediate account suspension or termination without refund.

5. Intellectual Property Rights

5.1 Your Content

You retain full ownership of all images you generate or edit using our platform. We claim no ownership rights over your generated content.

5.2 License to Us

By using our services, you grant us a limited, non-exclusive, worldwide license to:

• Store and display your generated images to you within the service
• Process your prompts and images through our AI providers (Replicate)
• Use anonymized, aggregated data to improve our services (no personal data)

This license terminates when you delete your content or account, subject to reasonable backup retention periods (maximum 30 days).

5.3 Our Platform

The Images AI platform, including all software, designs, text, graphics, and other content (excluding your generated images), is owned by us or our licensors and is protected by copyright, trademark, and other intellectual property laws.

5.4 Third-Party AI Models

The AI models used for image generation and editing are provided by third-party AI services (Replicate) and their respective creators. You agree to comply with any applicable licenses or usage terms for these models.

6. Subscription Plans and Payment

6.1 Subscription Tiers

We offer three subscription tiers with monthly credit allowances:

Pricing varies by region (US, EU, India). Current pricing is displayed on our website and during the checkout process.

6.2 Payment Processing

All payments are processed securely through Stripe. We do not store your payment card details on our servers. By subscribing, you authorize Stripe to charge your payment method for the subscription fee.

6.3 Subscription Renewal

Paid subscriptions automatically renew on a monthly basis unless you cancel before the renewal date. You will be charged the then-current subscription rate. Credits reset at the beginning of each billing period and do not roll over.

6.4 VAT and Taxes

Prices may be subject to Value Added Tax (VAT) or other applicable taxes based on your location. VAT will be calculated and displayed during checkout.

8. Cancellation and Refunds

8.1 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until that date.

8.2 Refund Policy

Subscription fees are generally non-refundable except:

• Within the 14-day withdrawal period (if no credits consumed)
• In case of service unavailability or technical issues (pro-rated refund)
• If required by applicable consumer protection laws

Unused credits are not refundable and do not carry monetary value.

9. Service Availability and Modifications

We strive to provide continuous service availability but do not guarantee uninterrupted access. We reserve the right to:

• Modify, suspend, or discontinue any aspect of the service
• Change pricing with 30 days' notice to existing subscribers
• Update AI models and features
• Perform maintenance and updates

Significant changes affecting paid subscribers will be communicated via email with reasonable advance notice.

10. Account Termination

10.1 Termination by You

You may terminate your account at any time through account settings. Upon termination, your data will be deleted within 30 days, except where retention is required by law.

10.2 Termination by Us

We reserve the right to suspend or terminate your account if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activity
• Fail to pay subscription fees
• Create risk or legal liability for us or other users

We will provide notice before termination unless immediate action is required for legal or security reasons. No refunds will be provided for terminations due to Terms violations.

11. Limitation of Liability

German Law Provisions: Under German law, our liability is limited as follows:

11.1 Unlimited Liability

We are liable without limitation for:

• Intentional acts or gross negligence
• Personal injury, death, or health damage
• Violations of guaranteed characteristics
• Claims under the German Product Liability Act

11.2 Limited Liability

For simple negligence, we are only liable for:

• Breach of essential contractual obligations (material duties)
• Damages limited to foreseeable, typical losses at the time of contract conclusion

11.3 Exclusion

All other liability is excluded to the extent permitted by law. This includes liability for indirect, consequential, or incidental damages, loss of profits, or loss of data beyond the limitations above.

12. Indemnification

You agree to indemnify and hold harmless Harshil Agrawal (Images AI) from any claims, damages, or expenses arising from your use of the service, your generated content, or your violation of these Terms or applicable law.

13. Warranties and Disclaimers

Our services are provided "as is" and "as available." We do not warrant that:

• The service will be uninterrupted or error-free
• AI-generated content will meet your expectations or be accurate
• All features will be available at all times
• Third-party AI models will perform as expected

You are solely responsible for evaluating the suitability and accuracy of AI-generated content for your intended use.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For disputes with merchants, legal entities under public law, or special funds under public law, the exclusive place of jurisdiction is Berlin, Germany. For consumers, statutory provisions regarding jurisdiction apply.

15. Dispute Resolution

EU consumers may use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr

We are not obligated to participate in dispute resolution proceedings before consumer arbitration boards but may do so voluntarily.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by email or through a prominent notice on our website at least 30 days before the changes take effect.

Continued use of our services after changes take effect constitutes acceptance of the updated Terms. If you do not agree, you should cancel your subscription before the effective date.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

18. Entire Agreement

These Terms, together with our Privacy Policy, Acceptable Use Policy, and Cookie Policy, constitute the entire agreement between you and us regarding the use of our services.

19. Contact Information