Terms of Service

3.1 Eligibility Requirements

To use the Service, you must:

• Be at least 13 years of age (or 16 in the EEA)
• If you are between 13 and 18 years old (or the age of majority in your jurisdiction), have the consent and supervision of a parent or legal guardian who agrees to these Terms
• Have the legal capacity to enter into a binding contract
• Not be prohibited from using the Service under applicable laws

3.2 Account Responsibilities

By creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Immediately notify us of any unauthorized access or security breach
• Accept full responsibility for all activities that occur under your account

You may not share your account credentials or allow others to access your account. We reserve the right to suspend or terminate accounts that we reasonably believe are being shared or used by multiple individuals.

4.1 Vizcraft's Intellectual Property

The Service, including all software, algorithms, AI models, user interface, designs, trademarks, logos, and documentation, is owned by Vizcraft or its licensors and is protected by intellectual property laws. Nothing in these Terms grants you any right, title, or interest in the Service except for the limited license expressly granted herein.

4.2 Your Content

You retain all rights, title, and interest in the images and other content you upload to the Service ("Your Content"). By uploading Your Content, you represent and warrant that:

• You own or have the necessary rights and permissions to use and authorize the use of Your Content
• Your Content does not infringe any third-party intellectual property, privacy, publicity, or other rights
• Your Content complies with all applicable laws and these Terms

By uploading Your Content, you grant Vizcraft a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, process, and display Your Content solely for the purpose of providing, operating, improving, and developing the Service.

4.3 AI-Generated Content Ownership

Subject to your payment of all applicable fees, compliance with these Terms, and the limitations below, you own the images and content generated through your use of the Service ("Generated Content"). However, you acknowledge and agree that:

• No Guarantee of Exclusivity: The AI may produce similar or identical output for other users based on similar inputs.
• Copyright Uncertainty: AI-generated content may not be eligible for copyright protection in all jurisdictions. We make no representations regarding the copyrightability of Generated Content.
• Model Improvement: We retain the right to use anonymized, aggregated, or de-identified data derived from your use of the Service to train, improve, and develop our AI models and Service.
• Third-Party AI Providers: Generated Content may be subject to the terms and policies of our third-party AI service providers (e.g., FAL.ai, Replicate).

4.4 License to Use Generated Content

You may use Generated Content for any lawful commercial or personal purpose, subject to the Acceptable Use Policy in Section 5. You are solely responsible for ensuring your use of Generated Content complies with applicable laws and does not infringe third-party rights.

5.1 Prohibited Content

• Generate, upload, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
• Create content that exploits, harms, or endangers minors
• Generate content that promotes violence, hatred, or discrimination against any individual or group
• Create non-consensual intimate imagery of real individuals
• Generate content intended to defame, deceive, defraud, or mislead others (including deepfakes)
• Create content that impersonates another person without authorization

5.2 Prohibited Activities

• Violate any applicable law, regulation, or third-party rights
• Upload content you do not have the right to use
• Infringe any intellectual property, privacy, or publicity rights
• Attempt to reverse engineer, decompile, disassemble, or extract our AI models, algorithms, or source code
• Use the Service to train competing AI models or services
• Interfere with, disrupt, or burden the Service or its infrastructure
• Circumvent any security measures, rate limits, or access restrictions
• Use automated systems, bots, or scripts to access the Service without authorization
• Resell, redistribute, or sublicense access to the Service without our written permission
• Use the Service in violation of any export control laws

6.1 Credit System

Certain features of the Service require credits. Credits are non-refundable, non-transferable, and have no cash value. Unused credits may expire in accordance with your subscription plan or as specified at the time of purchase. Credit requirements for different features may change at any time.

6.2 Pricing and Fees

All fees are stated in U.S. dollars unless otherwise indicated. You agree to pay all fees associated with your use of the Service, including applicable taxes. We reserve the right to modify our pricing at any time with 30 days' prior notice. Price changes will not affect existing prepaid periods.

6.3 Subscription Terms

• Subscriptions automatically renew at the end of each billing period unless canceled
• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No prorated refunds are provided for partial subscription periods
• We may change subscription features with reasonable notice

6.4 Refund Policy

Credits and subscriptions are generally non-refundable.We may, at our sole discretion, provide refunds or credits in the following circumstances:

• Documented service failures that prevented use
• Billing errors or duplicate charges
• Other exceptional circumstances as determined by us

Refund requests must be submitted within 30 days of the transaction to support@vizcraft.ai.

6.5 Payment Processing

Payments are processed by third-party payment processors. By providing payment information, you authorize us (and our payment processors) to charge the applicable fees. You are responsible for ensuring your payment information is accurate and current.

12.1 Termination by You

You may terminate your account at any time by using the account deletion feature in your settings or by contacting us at support@vizcraft.ai. Termination does not entitle you to any refund for unused credits or remaining subscription periods.

12.2 Termination or Suspension by Us

We reserve the right to suspend or terminate your account and access to the Service, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or the Acceptable Use Policy
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Extended periods of inactivity
• Conduct that we determine harms other users, third parties, or the Service
• Discontinuation of the Service

12.3 Effect of Termination

Upon termination: (a) your right to access the Service immediately ceases; (b) we may delete your account data, including Your Content and Generated Content; (c) any outstanding fees become immediately due; (d) provisions of these Terms that by their nature should survive termination will survive (including Sections 4, 5, 8, 9, 10, 14, and 15).

14.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@vizcraft.ai and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

If we cannot resolve a dispute informally, any dispute, claim, or controversy arising out of or relating to these Terms or the Service (except for claims for injunctive relief) shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules.

• Arbitration shall be conducted by a single arbitrator
• The arbitration shall take place in Wilmington, Delaware, or may be conducted remotely by video conference
• The arbitrator's decision shall be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction

14.3 Class Action Waiver

YOU AND VIZCRAFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.4 Exceptions

Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.

14.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@vizcraft.ai within 30 days of first accepting these Terms. Your notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement.

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Vizcraft regarding the Service.

17.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of war or terrorism, pandemics, government actions, or infrastructure failures.

17.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.