Terms of Service

1. Acceptance of Terms

By accessing and using ProductGeneratorAI (hereinafter referred to as 'the Service'), you hereby acknowledge, accept, and agree to be bound by the terms, conditions, limitations, and provisions set forth in this comprehensive agreement (hereinafter referred to as 'Terms of Service' or 'Agreement').

2. Service Description and Limitations

The Service provides artificial intelligence-powered image generation capabilities (hereinafter referred to as 'Generated Content'). The User explicitly acknowledges and agrees that the artificial intelligence technology utilized by the Service is in an experimental and developmental phase. Consequently, the quality, accuracy, and consistency of Generated Content may vary significantly and cannot be guaranteed. The User hereby acknowledges that the Service operates on a best-effort basis and that the results of any particular generation attempt may not meet the User's expectations or requirements.

Furthermore, the User expressly acknowledges and agrees that payments made for the Service are for the utilization of the image generation system in its current state, regardless of the specific outcomes produced. No refunds shall be issued based on subjective dissatisfaction with Generated Content, provided that the Service was technically operational during the generation attempt.

3. Service Availability and Content Retention

The Service Provider reserves the absolute and unilateral right, at its sole discretion, to modify, suspend, or terminate the Service, either temporarily or permanently, at any time and for any reason whatsoever, with or without prior notice to the User. In the event of such modification, suspension, or termination, the Service Provider shall bear no liability whatsoever for any loss of access to, or unavailability of, the Generated Content, associated data, or any other materials stored or hosted on the Service's infrastructure.

Users are strongly advised and encouraged to maintain independent backups of any Generated Content that they deem important, as the Service Provider does not guarantee the continuous availability or retention of any content stored on its platforms. The User hereby acknowledges and accepts that any termination of the Service may result in the immediate and permanent inaccessibility of any Generated Content stored therein.

4. Use License

The Service Provider hereby grants to the User, subject to these Terms of Service, a limited, non-exclusive, non-transferable license to:

  • Access and utilize the Service's image generation capabilities
  • Download and utilize Generated Content in accordance with the User's subscription plan
  • Access and employ the platform's features within the scope of the User's subscription level

5. Payment Terms and Refund Policy

Subscription fees shall be billed in advance on a monthly basis, or as otherwise specified in the User's selected subscription plan. The User hereby acknowledges and agrees that all fees paid to the Service are non-refundable, except where explicitly required by applicable law. This non-refundable nature of payments specifically extends to, but is not limited to, circumstances where the User is dissatisfied with the quality or nature of the Generated Content, where the Service is terminated or modified, or where the User no longer requires the Service.

6. Modifications to Terms

The Service Provider reserves the right, at its sole discretion, to modify, amend, or replace these Terms of Service, in whole or in part, at any time and without prior notice. Material modifications shall be communicated to Users through electronic mail or through notifications within the Service interface. Continued use of the Service following any such modification constitutes the User's acceptance of the modified Terms of Service.

7. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Service Provider be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

8. Prohibited Content and Usage

The User hereby acknowledges and agrees that the following types of content generation are strictly prohibited and constitute a material breach of these Terms of Service:

8.1. Content Restrictions. The User shall not attempt to generate, nor facilitate the generation of:

  • Adult content, NSFW material, nudity, or any sexually suggestive imagery;
  • Content that infringes upon any trademark, logo, brand identity, or copyrighted material;
  • Hate speech, extremist content, discriminatory imagery, or any content promoting prejudice against protected characteristics;
  • Violence, gore, graphic content, or disturbing imagery;
  • Images of real persons without their explicit documented consent;
  • Content intended for deceptive purposes, including but not limited to counterfeit items, fake identification documents, or fraudulent materials.

9. Technical and Security Requirements

9.1. The User expressly agrees not to:

  • Attempt to extract, reverse engineer, decompile, or otherwise derive the underlying models or technical infrastructure of the Service;
  • Engage in automated mass generation or API abuse;
  • Conduct stress testing, load testing, or intentional service overloading;
  • Share, distribute, or otherwise compromise account credentials or API keys;
  • Utilize the Service to create or develop competing AI image generation products or services.

9.2. Account Security. The User shall maintain reasonable security measures to protect their account credentials and shall be solely responsible for all activities that occur under their account.

10. Commercial Usage and Rights

10.1. Generated Content Usage. The ability to use Generated Content for commercial purposes shall be governed by and subject to the User's local regulations and applicable laws. The Service Provider makes no representations or warranties regarding the commercial usability of Generated Content and explicitly disclaims any liability arising from commercial use.

10.2. The User shall be solely responsible for determining and ensuring compliance with all applicable laws, regulations, and rights before using any Generated Content for commercial purposes.

11. Legal Protections and Compliance

11.1. Indemnification. The User agrees to indemnify, defend, and hold harmless the Service Provider and its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • User's violation of these Terms of Service;
  • User's use of the Service;
  • Any content generated through the User's account;
  • User's violation of any rights of a third party.

11.2. DMCA Compliance. The Service Provider complies with the Digital Millennium Copyright Act. Notices of claimed copyright infringement should be directed to [email protected].

11.3. Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

12. Data Usage and Privacy

12.1. Service Improvement. The User acknowledges and agrees that the Service Provider may:

  • Review and analyze user prompts and Generated Content for the purposes of optimizing the machine learning pipeline and generation parameters;
  • Store Generated Content and associated data in third-party secure cloud systems;
  • Share training images with third-party providers for the purpose of model training and service improvement.

12.2. Data Deletion. Users may request the deletion of their personal data and account information by contacting [email protected]. Upon receipt of such request, the Service Provider shall process the deletion in accordance with applicable data protection laws and technical capabilities.

12.3. The User acknowledges that certain data may persist in encrypted backups or logs for a reasonable period as required for technical and operational purposes.

8. Prohibited Content and Usage

The User hereby acknowledges and agrees that the following types of content generation are strictly prohibited and constitute a material breach of these Terms of Service:

8.1. Content Restrictions. The User shall not attempt to generate, nor facilitate the generation of:

  • Adult content, NSFW material, nudity, or any sexually suggestive imagery;
  • Content that infringes upon any trademark, logo, brand identity, or copyrighted material;
  • Hate speech, extremist content, discriminatory imagery, or any content promoting prejudice against protected characteristics;
  • Violence, gore, graphic content, or disturbing imagery;
  • Images of real persons without their explicit documented consent;
  • Content intended for deceptive purposes, including but not limited to counterfeit items, fake identification documents, or fraudulent materials.

9. Technical and Security Requirements

9.1. The User expressly agrees not to:

  • Attempt to extract, reverse engineer, decompile, or otherwise derive the underlying models or technical infrastructure of the Service;
  • Engage in automated mass generation or API abuse;
  • Conduct stress testing, load testing, or intentional service overloading;
  • Share, distribute, or otherwise compromise account credentials or API keys;
  • Utilize the Service to create or develop competing AI image generation products or services.

9.2. Account Security. The User shall maintain reasonable security measures to protect their account credentials and shall be solely responsible for all activities that occur under their account.

10. Commercial Usage and Rights

10.1. Generated Content Usage. The ability to use Generated Content for commercial purposes shall be governed by and subject to the User's local regulations and applicable laws. The Service Provider makes no representations or warranties regarding the commercial usability of Generated Content and explicitly disclaims any liability arising from commercial use.

10.2. The User shall be solely responsible for determining and ensuring compliance with all applicable laws, regulations, and rights before using any Generated Content for commercial purposes.

11. Legal Protections and Compliance

11.1. Indemnification. The User agrees to indemnify, defend, and hold harmless the Service Provider and its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

  • User's violation of these Terms of Service;
  • User's use of the Service;
  • Any content generated through the User's account;
  • User's violation of any rights of a third party.

11.2. DMCA Compliance. The Service Provider complies with the Digital Millennium Copyright Act. Notices of claimed copyright infringement should be directed to [email protected].

11.3. Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law provisions.

12. Data Usage and Privacy

12.1. Service Improvement. The User acknowledges and agrees that the Service Provider may:

  • Review and analyze user prompts and Generated Content for the purposes of optimizing the machine learning pipeline and generation parameters;
  • Store Generated Content and associated data in third-party secure cloud systems;
  • Share training images with third-party providers for the purpose of model training and service improvement.

12.2. Data Deletion. Users may request the deletion of their personal data and account information by contacting [email protected]. Upon receipt of such request, the Service Provider shall process the deletion in accordance with applicable data protection laws and technical capabilities.

12.3. The User acknowledges that certain data may persist in encrypted backups or logs for a reasonable period as required for technical and operational purposes.