1. Definitions
To make these Terms easier to read and apply, the following capitalized terms have these meanings:
Account means a user account you create to access the Service.
User or you means any individual or entity accessing or using the Service.
Content means any data, text, images, audio, video, files, or other materials that Users upload, submit, transmit, or otherwise make available via the Service.
Services (or Service) refers to all functionalities, features, interfaces, APIs, websites, mobile apps, and related offerings provided under this agreement.
Third-Party Services are any services, apps, or platforms not controlled by us that integrate with or are used in connection with the Service.
Subscriber means a User who has paid for, or entered into a subscription plan for, premium or paid features of the Service.
Free User means a User who uses only the free or trial features of the Service without a subscription.
Affiliate means any entity controlling, controlled by, or under common control with a party (in terms of 50% or more ownership or equivalent).
Effective Date means the date on which you first accept these Terms or first use the Service (whichever is earlier).
Acceptance. You accept these Terms by (a) clicking “I agree” (or equivalent) before using the Service, (b) continuing to use the Service after changes, or (c) accessing or using the Service in any fashion.
Modification. We may revise or update these Terms from time to time. If changes are material, we will notify you (e.g. via email or in-app notification). Your continued use of the Service after such changes constitutes acceptance of the updated Terms.
Severability. If any provision of these Terms is held to be invalid or unenforceable under applicable law, that provision shall be interpreted or modified to achieve its intent to the maximum extent permitted, and the remaining provisions remain in full force.
No Waiver. Our failure to exercise or enforce any right or provision in these Terms shall not constitute a waiver of such right or provision.
3. Eligibility
Age Requirement. You must be at least [e.g. 13 / 16 / 18] years old (depending on jurisdiction) to use the Service. If you are under that age, you may use the Service only with the consent of your parent or legal guardian.
Authority. If using on behalf of an entity, you represent that you have authority to bind that entity.
No Conflicting Terms. You may not use the Service in a manner that conflicts with any prior agreement you have with us or that would violate applicable law.
4. Account Registration, Security & Use
Creating an Account. To access certain features of the Service, you must register and provide truthful, accurate, and complete information.
Credentials. You are responsible for safeguarding your username, password, and any API keys or security credentials. You agree not to share them or allow unauthorized access. You are responsible for all activities conducted through your Account.
Notification of Breach. If you suspect unauthorized access, misuse, or breach of your Account credentials, you must notify us immediately.
Account Termination. We may suspend or terminate your account at any time (with or without notice) if you breach these Terms, violate applicable law, or act maliciously.
Account Cleanup. Upon termination, you lose all access to your Account, Content, and data unless otherwise required by law.
5. Use of the Service; Prohibited Conduct
License Grant. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business or personal use.
Acceptable Use. You may use the Service only for lawful purposes and in compliance with these Terms and all applicable laws, rules, and regulations.
Prohibited Conduct. You must not:
a. Use the Service in a way that infringes the rights (intellectual property, privacy, publicity, confidentiality) of others.
b. Reverse engineer, decompile, disassemble, or derive any source code from the Service, except where permitted by law.
c. Interfere with or disrupt the Service or servers or networks connected to it.
d. Transmit viruses, malware, worms, or other harmful code.
e. Attempt to gain unauthorized access to other users’ accounts or data.
f. Use the Service for fraudulent or illegal purposes.
g. Use automated scripts or bots (other than approved APIs) to access or interact with the Service.
h. Use the Service in a manner that circumvents usage limits or licensing restrictions.
i. Sell, rent, lease, sublicense, or distribute the Service or portions thereof (unless expressly permitted).
j. Use the Service to send unsolicited communications (spam) or store personal data of third parties without consent.Third-Party Services & Integrations. You may connect or integrate with Third-Party Services (e.g. payment providers, social networks, APIs). Your use of such integrations is subject to the applicable third-party terms, and we are not responsible for their performance, availability, or behavior.
6. Content, Ownership & Rights
Your Content. You retain all ownership rights in the Content you upload or submit to the Service. You are solely responsible for your Content and its legality, reliability, and appropriateness.
License to Us. By uploading or submitting Content, you grant us (and our Affiliates) a perpetual, worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, use, copy, reproduce, process, adapt, modify, publicly display, distribute, and otherwise use your Content as needed to operate, provide, and improve the Service (including via machine learning) and to enforce these Terms.
Feedback. If you provide suggestions, ideas, or improvements to the Service (“Feedback”), we may freely exploit, modify, or incorporate them without obligation or attribution to you.
Rights You Don’t Grant. You do not grant us rights to use your Content for marketing, advertising, or promotional use in a way not reasonably related to the Service, unless you give us separate consent.
Responsibility for Content. You represent and warrant that (i) you have all necessary rights in your Content, (ii) your Content does not infringe the rights of any third party, and (iii) your Content complies with applicable laws (e.g. privacy, defamation, export control).
7. Subscription, Fees & Payment
Pricing & Plans. We may offer free, trial, and paid subscription plans (collectively “Plans”). The features, usage limits, and fees are described on our pricing page or in your subscription agreement.
Payment Terms. If you elect a paid Plan, you must provide valid payment information. You authorize us (or our payment processors) to charge all applicable fees (including taxes) according to your chosen billing cycle (e.g. monthly, annually).
Automatic Renewal. By default, your subscription renews automatically at the end of each billing period unless cancelled in advance.
Fee Changes. We may change subscription fees for subsequent renewal periods by providing notice before the renewal date. Continued use constitutes acceptance.
Refunds. Unless otherwise stated in your subscription agreement or under applicable law, payments are non-refundable (or partial refund policy specified).
Suspension for Non-Payment. If payment fails or is late, we may suspend or terminate your access to paid features until payment is made.
Taxes. All fees are exclusive of applicable taxes. You are responsible for paying any taxes, duties, or governmental assessments arising from your use of the Service.
8. Intellectual Property
Service Ownership. We and our licensors retain all right, title, and interest (including intellectual property rights) in the Service, software, documentation, and any improvements or updates.
Trademarks. All product names, logos, and marks appearing on the Service are our trademarks or those of third parties. Nothing in these Terms grants you any rights to use our trademarks, except as expressly permitted.
DMCA / Copyright Policy. If you believe your copyrighted work is used in violation of your rights, you may submit a takedown notice to us (contact information in Section 14) including: identification of the work, location on the Service, good-faith statement, and your signature. We will respond according to applicable law (e.g. terminate repeat infringers).
9. Confidentiality
Each party may receive or have access to proprietary or confidential information of the other (“Confidential Information”). Confidential Information does not include information that is or becomes publicly known or is rightfully obtained from a third party without restriction.
Obligations:
Use Confidential Information only to perform under these Terms.
Not disclose it to unauthorized third parties.
Use at least the same standard of care as with your own confidential information (but not less than a reasonable standard).
Return or destroy the other party’s Confidential Information upon request or termination.
10. Warranties, Disclaimers & Indemnification
No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT USE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limited Warranty. If you are in a jurisdiction that does not allow exclusion of implied warranties, then to the extent required, we disclaim warranties except those explicitly stated.
Disclaimer of Damages. TO THE FULLEST EXTENT PERMITTED BY LAW, WE (AND OUR AFFILIATES, LICENSORS, AND SUPPLIERS) ARE NOT LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
Cap on Liability. In jurisdictions that permit, our total aggregate liability to you under these Terms shall not exceed the amounts you have paid us in the 12 months preceding the claim (or a lesser cap specified in your subscription agreement).
Indemnification. You agree to indemnify, defend, and hold harmless us (and our officers, directors, employees, contractors, agents, and licensors) from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your violation of these Terms; (b) your Content or use of the Service; (c) your breach of third-party rights (privacy, IP, etc.). We will notify you of claims, and you may control the defense, subject to certain limitations (we may intervene with counsel of our choosing if necessary).
11. Termination & Suspension
Termination by You. You may terminate your subscription or Account at any time via account settings or by contacting us.
Termination by Us. We may suspend or terminate your access to the Service (partially or fully) if you breach these Terms, violate laws, or we believe your activities threaten the Service or our users.
Effect of Termination. On termination, you lose access to the Service and your Content may be deleted (unless otherwise required by law or agreed). Any licenses granted to you terminate.
Survival. Sections that by implication should survive termination (e.g. Ownership, Disclaimer, Limitation of Liability, Indemnification, Confidentiality) will survive.
12. Data Protection and Privacy
Your use of the Service is also governed by our Privacy Policy [link to policy], which describes how we collect, use, store, share, and protect personal data. To the extent of any inconsistency, these Terms prevail with respect to the Service, but privacy rights come from that policy.
We process personal data in accordance with applicable laws (e.g. GDPR, CCPA), where applicable, including rights of users, data transfer mechanisms, data retention, etc.
13. Security / Data Backup
We implement reasonable technical and organizational measures to protect your data, including encryption in transit, secure servers, monitoring, and access controls. However:
No system is fully secure; we cannot guarantee absolute protection.
You are responsible for maintaining backup copies of your Content.
You acknowledge risk that your data might be lost, corrupted, or compromised despite our safeguards.
14. Notices; Communication
To You. We may provide notices via email, in-app messaging, or postings on the Service.
To Us. You may send notices to us at:
Effective Date of Notices. Notices to you are effective when delivered (or, if by email, when sent, unless bounced). Notices to us are effective upon our receipt.
15. Assignment
You may not assign, transfer, or sublicense your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms (including as part of a merger or sale).
16. Governing Law & Dispute Resolution
Governing Law. These Terms are governed by the laws of [State / Country], excluding its conflict-of-law rules.
Jurisdiction. You and we submit to the non-exclusive jurisdiction of the courts in [City, State / Country] for any dispute arising out of or relating to these Terms or the Service.
Arbitration / Mediation (optional). You may agree to resolve disputes via binding arbitration or mediation instead of courts (if applicable under law).
Injunctive Relief. You acknowledge that a breach of these Terms may cause irreparable harm for which monetary damages are inadequate; thus we may seek injunctive or other equitable relief.
17. International Use; Export Control
You acknowledge that the Service may be hosted internationally, and by using it, you consent to the transfer and processing of your data across borders. You shall not violate export control laws or regulations in your use of the Service, and you represent you are not located in, subject to, or a citizen of, a country to which export is prohibited.
18. Third-Party Beneficiaries
Except as expressly provided, there are no third-party beneficiaries under these Terms. Only you and we can enforce these Terms.
19. Other Terms
Entire Agreement. These Terms (together with your subscription agreement and our Privacy Policy) are the entire agreement between you and us regarding the Service, and supersede all prior or contemporaneous agreements or communications.
Interpretation. Headings are for convenience only and have no legal effect. “Including” means “including without limitation.”
Force Majeure. Neither party is liable to the other for delay or failure in performing obligations due to causes beyond its reasonable control (e.g. natural disasters, war, strikes, acts of government, internet outages).
Relationship of Parties. You and we are independent contractors; nothing in these Terms creates a partnership, joint venture, or agency relationship.