Imagepilot – Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you and Daniel Berger ("we," "us," or "Imagepilot") governing your access to and use of the Imagepilot web application available at imagepilot.ai (the "Service"). By accessing or using the Service, you agree to these Terms.

1) What Imagepilot Does

Imagepilot provides AI image generation and editing from text prompts and uploaded files, available as a web app only. There is no public API.

2) Eligibility & Accounts

1. Minimum age. You must be at least 13 years old to use the Service. If you are in the EEA or UK, you must be at least the digital age of consent in your country (between 13 and 16) or have verifiable parental/guardian consent where required by law. If you are under the applicable age, you may not use the Service.
2. Sign-in. Access requires sign-in via Google (Google Sign-In). You agree to maintain accurate account details; we may rely on data provided by your Google account. We may refuse, suspend or terminate accounts that are inaccurate, fraudulent, or violate these Terms.
3. Personal use. Unless otherwise agreed in writing, the Service is for your own use. You are responsible for all activity under your account.

3) Credits, Pricing & Payments

1. Credit model. Usage is credit-based. You purchase credits in advance and consume them when generating or editing images. One free credit is granted upon sign-in for trial purposes. You cannot use the Service without logging in.
2. Payments. Payments are processed by Stripe. By purchasing credits, you authorize Stripe to charge your selected payment method and you agree to any applicable Stripe terms.
3. Taxes & pricing changes. Prices are shown at checkout and may change. Any taxes, duties or fees will be added as required by law. For future price changes, we will provide reasonable advance notice where required.
4. No resale or transfer. Credits are non-transferable and have no cash value.

4) Cancellations, Refunds & EU Withdrawal Right

1. Standard refund policy. You may request a refund only if you have not used any of the credits purchased in that order. If any portion of the order has been used, that order is non-refundable except where required by law.
2. EEA/UK consumers. If you are a consumer in the EEA or UK, you generally have a 14-day right of withdrawal for online purchases. Because credits constitute digital content not supplied on a tangible medium, you acknowledge and agree that your right of withdrawal is lost once we begin fulfilling the order (i.e., once you start using purchased credits) after your express consent to immediate performance. If you have not used any purchased credits within 14 days, you may withdraw and receive a refund.
3. Chargebacks. Initiating a chargeback may result in account suspension pending resolution.

5) Your Content & Intellectual Property

"User Content" means prompts, text, images, uploads, references, and other materials you provide; "Outputs" means images or other results generated by or through the Service based on your inputs.

1. Uploads. You may upload images to edit or to use as references for generation. Do not upload anything you do not have the right to use.
2. Ownership of outputs. As between you and us, and subject to model/provider restrictions and applicable law, you own your Outputs on a non-exclusive basis. Outputs may be similar to those generated for others, and no exclusivity is guaranteed.
3. License to operate the Service. You grant us a worldwide, royalty-free, non-exclusive, sublicensable license to host, cache, transmit, process, adapt, and display your User Content and Outputs solely to provide, maintain, troubleshoot, secure, and improve the Service's functionality (e.g., content delivery, moderation, spam/fraud prevention, usage analytics), and to comply with law. This license survives for the period we retain the content under Section 9.
4. No Imagepilot training. Imagepilot does not use your User Content or Outputs to train or fine-tune Imagepilot's own models. Provider rules apply: our third-party AI/model providers may process content as necessary to deliver the Service in accordance with their terms and controls.

6) Safety, Acceptable Use & Deepfakes

1. Prohibited content/uses. You may not use the Service to create, upload, or distribute: (a) anything illegal; (b) child sexual abuse material (CSAM) or sexualized minors; (c) bestiality or non-consensual intimate imagery; (d) doxxing or invasion of privacy; (e) hate, harassment, or terrorism content; (f) graphic violence or gore; (g) incitement to violence or self-harm; (h) malware, scams, or spam; (i) content that infringes IP or publicity/privacy rights; (j) biometric identifiers without consent; (k) medical, financial, or legal advice images purporting to be professional guidance; (l) political persuasion at scale; (m) attempts to bypass filters, abuse rate limits, or stress/attack the infrastructure.
2. Real-person edits / deepfakes. You may not create realistic depictions of real people (including public figures) without their express consent, or otherwise violate rights of publicity, privacy, or applicable laws. Parody or transformative uses must be clearly disclosed and must not mislead.
3. Moderation. We may apply automated and human moderation, safety filters, usage/rate limits, and other protective measures at our discretion.

7) Third-Party Services & Providers

To operate the Service, we use infrastructure and AI/model providers including, without limitation, FAL, Google, and OpenAI (the "Providers"). Your use of the Service is subject to any applicable Provider terms to the extent they apply, and we may pass through such terms. Providers may process your content to deliver inference and related functionality. Where controls exist, we configure Providers not to use your content for training; however, their processing and retention practices are governed by their terms and applicable law.

8) DMCA / EU Notice-and-Action

1. Notices. If you believe content on the Service infringes your rights, email: daniel@imagepilot.ai. Provide sufficient detail to identify the content, your rights, and your contact information. Postal notices may be sent to the address above.
2. Repeat infringers. We may disable or terminate accounts of repeat infringers.
3. Counter-notices and appeals. If your content is removed or your account is suspended, you may appeal by contacting support. We will review appeals within a reasonable time.

9) Privacy & Data

1. Privacy Policy. Our Privacy Policy explains how we collect, use, and share personal data, including sign-in via Google and payments via Stripe. It is incorporated by reference.
2. Retention. Unless a shorter period is stated in the Privacy Policy or required by law, we retain prompts, uploads, and outputs for up to 24 months for service operation, troubleshooting, abuse prevention, and legal compliance, after which they may be deleted or anonymized. You may request deletion; backups and logs may persist for a limited period.
3. International transfers. We may process and store data in countries outside your own with appropriate safeguards as described in the Privacy Policy.
4. Watermarking. Imagepilot does not add visible or invisible watermarks. Providers may use their own provenance features subject to their terms.

10) Availability, Changes & Beta Features

1. Availability. The Service is provided on an "as is" and "as available" basis with no uptime guarantee.
2. Changes. We may modify or discontinue features, and change prices. For material changes to these Terms, we will notify you in-app; changes are effective upon posting unless a longer notice or consent period is required by law.
3. Beta/experimental. We may label some features as alpha/beta/preview; they may be unstable and subject to additional terms.

11) Intellectual Property & Feedback

1. Our IP. We and our licensors own the Service, including software, models, and brand assets.
2. Feedback. If you provide feedback, you grant us a royalty-free, perpetual license to use it without restriction.

12) Attribution & Showcasing

1. Attribution. You are not required to attribute ("Made with Imagepilot"), though it is appreciated.
2. Showcasing. With your opt-in consent, we may display your Outputs (and your display name) in our gallery, examples, or marketing. You can withdraw consent at any time via support and we will stop future use.

13) Disclaimers; AI Specific Notices

1. No professional advice. Outputs may be inaccurate, incomplete, or biased and are provided for creative/illustrative purposes only. Do not rely on Outputs for medical, legal, financial, or safety-critical decisions.
2. Third-party rights. You are solely responsible for ensuring your prompts, uploads, and Outputs comply with applicable laws and third-party rights (including copyright, trademarks, and publicity/privacy rights).

14) Indemnity

You will defend, indemnify, and hold harmless Daniel Berger from and against all liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service or your User Content/Outputs that violate these Terms or applicable law.

15) Limitation of Liability

To the maximum extent permitted by law, in no event will Daniel Berger be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenues, data, or goodwill. Our aggregate liability for all claims relating to the Service will not exceed the total fees you paid to us for the Service in the 12 months prior to the event giving rise to the liability. Consumer statutory rights are not affected.

16) Termination

1. By you. You may stop using the Service at any time. To delete your account and personal data, contact support. We will process account deletion within 30 days; residual backups/logs may persist for a limited time for security and compliance.
2. By us. We may suspend or terminate your access for violations of these Terms, legal risk, fraud, non-payment/chargeback, or harmful activity. We may also remove content that violates these Terms or the law.

17) Governing Law & Dispute Resolution

These Terms are governed by the laws of Austria, without regard to conflict-of-law rules. The courts of Vienna, Austria shall have exclusive jurisdiction, except that consumers may bring claims in their local courts where required by mandatory consumer law.

18) Miscellaneous

1. Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
2. Severability. If any term is unenforceable, the remainder remains in effect.
3. No waiver. Our failure to enforce a provision is not a waiver.
4. Assignment. You may not assign these Terms without our consent. We may assign in connection with a reorganization or transfer of the Service.
5. Notices. We may provide notices via in-app messages or email associated with your account.
6. Language. The contract language is English.
7. Export controls. You agree to comply with applicable export and sanctions laws.

19) Contact

Questions about these Terms? Email daniel@imagepilot.ai.