1. Definitions
In these Terms, “Service” refers to the website, applications, AI tools, image generation features, image editing tools, user accounts, credits, subscriptions, and related services provided by Peng Fan. “You” means any visitor, user, customer, or account holder who accesses or uses the Service.
2. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. If you use the Service on behalf of a business or organization, you represent that you have authority to bind that business or organization to these Terms.
3. User Accounts
Some features may require an account. You agree to provide accurate information, keep your login credentials secure, and notify us if you suspect unauthorized access to your account. You are responsible for all activities that occur under your account.
We may suspend or terminate accounts that violate these Terms, abuse the Service, create security risks, attempt to bypass payment or usage limits, or engage in prohibited content or conduct.
4. AI Image Tools and Generated Results
The Service may allow you to upload images and generate, edit, enhance, transform, or visualize images using AI technologies. AI-generated results may vary and may not always be accurate, realistic, complete, error-free, or suitable for your intended use.
You understand that AI outputs are generated automatically based on uploaded content, settings, prompts, templates, models, or other inputs. We do not guarantee that any output will meet your expectations or be appropriate for commercial, legal, medical, identity, advertising, marketplace, or platform-specific requirements.
5. User Content
“User Content” means images, photos, text, prompts, files, product photos, portraits, references, or other materials that you upload, submit, or provide to the Service.
You retain any rights you have in your User Content. By uploading User Content, you grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, modify, and use your User Content solely as necessary to provide, maintain, secure, improve, and support the Service.
You represent and warrant that you have all rights, permissions, licenses, and consents necessary to upload and use your User Content, including consent from any identifiable person appearing in the content.
6. Rights to Generated Content
Subject to your compliance with these Terms and payment of applicable fees, you may use the images generated through the Service for personal or commercial purposes, unless otherwise stated on the relevant pricing page, product page, or license notice.
You are responsible for verifying whether generated images are suitable for your intended use, including compliance with marketplace rules, advertising standards, intellectual property laws, privacy laws, publicity rights, and third-party platform policies.
7. Prohibited Uses
You agree not to use the Service to create, upload, generate, request, distribute, or promote content that:
- is illegal, harmful, abusive, hateful, harassing, defamatory, deceptive, or invasive of privacy;
- contains sexual, pornographic, exploitative, or NSFW content;
- involves minors in a sexual, exploitative, or harmful context;
- impersonates another person or misrepresents identity, affiliation, endorsement, or authorization;
- creates deepfakes, unauthorized face swaps, non-consensual likeness manipulation, or misleading synthetic media;
- uses the face, likeness, voice, name, or identity of another person without proper authorization;
- infringes intellectual property rights, privacy rights, publicity rights, or other third-party rights;
- promotes fraud, scams, phishing, malware, spam, or other deceptive activity;
- attempts to bypass content moderation, usage limits, payment systems, security controls, or technical restrictions;
- violates applicable laws, regulations, platform rules, or these Terms.
8. Credits, Usage Limits, and Subscriptions
The Service may use credits, tokens, usage quotas, subscription plans, or other billing models. Credits may be required to generate or edit images. The number of credits consumed may vary depending on the selected tool, model, image size, workflow, or feature.
Credits are not legal currency, have no cash value, are non-transferable, and may only be used within the Service. Unless otherwise stated, unused credits are not refundable or exchangeable for cash.
Subscription plans may renew automatically unless cancelled before the renewal date. You are responsible for managing your subscription, payment method, and cancellation through the account page, customer portal, or payment provider portal made available to you.
We may change plan features, credit amounts, prices, or usage limits from time to time. Any material changes to active subscriptions will be handled in accordance with applicable law and the terms displayed at checkout.
9. Payments, Taxes, and Billing
Payments may be processed by third-party payment providers or merchants of record, such as Creem, Paddle, Stripe, PayPal, or other supported providers. By making a purchase, you agree to the applicable checkout terms, payment provider terms, and billing information presented at the time of purchase.
Prices may be displayed exclusive or inclusive of taxes depending on your location and the payment provider. Taxes, VAT, GST, sales tax, currency conversion fees, bank fees, and other charges may apply.
You agree to provide accurate billing information and authorize us or our payment provider to charge the selected payment method for purchases, subscriptions, renewals, applicable taxes, and related fees.
10. Refund Policy
Unless otherwise required by law or expressly stated on the pricing page or checkout page, payments for credits, digital services, subscriptions, and AI-generated usage are generally non-refundable once credits are delivered, services are accessed, or generation tasks are processed.
Refund requests may be reviewed on a case-by-case basis. We may refuse refunds in cases of abuse, excessive usage, violation of these Terms, attempted fraud, or where the Service has already been substantially delivered.
11. Service Availability
We aim to provide a reliable Service, but we do not guarantee uninterrupted, error-free, secure, or always-available access. The Service may be affected by maintenance, outages, third-party API issues, model provider limitations, payment provider issues, network failures, or events beyond our control.
We may modify, suspend, limit, or discontinue any feature, model, workflow, template, plan, or part of the Service at any time.
12. Third-Party Services
The Service may rely on third-party services, including AI model providers, cloud hosting providers, payment processors, analytics providers, email services, authentication providers, and content moderation tools. Your use of the Service may be subject to the terms and privacy practices of those third parties.
We are not responsible for third-party services, outages, model behavior, payment failures, delays, policy decisions, or changes made by third-party providers.
13. Intellectual Property
The Service, including the website, software, design, interface, templates, workflows, code, text, graphics, branding, logos, and related materials, is owned by Peng Fan or its licensors and is protected by intellectual property laws.
You may not copy, resell, sublicense, reverse engineer, scrape, reproduce, distribute, or create derivative works from the Service, except as expressly permitted by us in writing.
14. Privacy
Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy to understand how we collect, use, store, and protect personal information and uploaded content.
15. Disclaimer of Warranties
The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, accuracy, and reliability.
We do not warrant that the Service or generated results will be error-free, safe for all uses, legally compliant for your specific purpose, or accepted by any third-party platform or marketplace.
16. Limitation of Liability
To the maximum extent permitted by law, Peng Fan, its contractors, partners, suppliers, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, business opportunities, or generated content.
To the maximum extent permitted by law, our total liability for any claim related to the Service will not exceed the amount you paid to us for the Service in the three months before the claim arose, or USD $100, whichever is greater.
17. Indemnification
You agree to defend, indemnify, and hold harmless Peng Fan, contractors, partners, suppliers, and affiliates from any claims, damages, liabilities, losses, costs, and expenses arising from your use of the Service, your User Content, your generated content, your violation of these Terms, or your violation of any law or third-party rights.
18. Termination
You may stop using the Service at any time. We may suspend or terminate your access to the Service if you violate these Terms, create risk or legal exposure, abuse the Service, fail to pay applicable fees, or use the Service in a prohibited manner.
Upon termination, your right to use the Service will stop immediately. Certain provisions, including ownership, payment obligations, disclaimers, limitation of liability, indemnification, and dispute provisions, will survive termination.
19. Changes to These Terms
We may update these Terms from time to time. The updated version will be posted on this page with a revised effective date. Your continued use of the Service after changes become effective means you accept the updated Terms.
20. Contact Us
If you have questions about these Terms, please contact us:
Email: [Support Email]