Terms of Service

1. Acceptance of Terms

By creating an account, subscribing to a plan, purchasing credits, or otherwise using Creators' Toolkit ("Service", "Platform", "we", "us", "our"), you ("User", "you", "your") agree to these Terms of Service ("Terms"). If you do not agree, you must not use the Service.

We reserve the right to update these Terms at any time. We will notify you of material changes via email or in-app notice at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

You must be at least 18 years old to use the Service. By using the Service, you represent that you meet this age requirement.

2. Account Registration & Security

To use the Service, you must create an account with a valid email address and secure password. You are solely responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account, whether or not authorized by you
• Notifying us immediately of any unauthorized use or security breach

We are not liable for any loss, damage, or unauthorized activity resulting from compromised credentials, regardless of how the compromise occurred. This includes, without limitation, phishing attacks, malware, credential reuse, or third-party breaches.

We reserve the right to suspend or terminate any account at our sole discretion if we reasonably believe the account has been compromised, is being used fraudulently, or violates these Terms.

3. Subscriptions & Billing

3.1 Subscription Plans

We offer subscription plans (Starter, Creator, Pro) billed monthly or annually. Plan details, pricing, and included credits are displayed on our Pricing page at the time of purchase.

3.2 Auto-Renewal

All subscriptions automatically renew at the end of each billing period (monthly or annually) at the then-current price. By subscribing, you authorize us to charge your payment method on file for each renewal period until you cancel. It is your responsibility to cancel before the renewal date if you do not wish to be charged.

3.3 Cancellation

You may cancel your subscription at any time through your account settings. Upon cancellation:

• Your subscription remains active until the end of the current billing period
• You retain access to all features of your plan until the period ends
• No partial refunds are given for unused time within a billing period
• Unused monthly credits expire at the end of the billing period and do not carry over

3.4 Price Changes

We may change subscription prices with at least 30 days' notice. Price changes take effect at the start of your next billing period. If you do not agree to the new price, you may cancel before it takes effect.

3.5 Failed Payments

If a payment fails, we may retry the charge and/or downgrade your account to the free tier. We are not responsible for any loss of access, credits, or data resulting from failed payments caused by insufficient funds, expired cards, bank restrictions, or any other issues with your payment method or financial institution.

4. Credits

4.1 How Credits Work

All image generation on the Platform costs credits. Credit costs vary by AI model and resolution. Current credit costs are displayed in the application at the time of generation.

4.2 Credit Sources

• Free credits: New accounts receive a one-time grant of 1,000 credits. These are non-renewable.
• Subscription credits: Monthly credits included in your plan. These reset each billing period and do not roll over.
• Purchased credits: One-time credit packages. These do not expire but are non-transferable.

4.3 Credit Rules

• Credits are non-transferable between accounts
• Credits have no cash value and cannot be exchanged for money
• Used credits are non-refundable under any circumstances
• If a generation fails due to a technical error on our end, credits are automatically refunded to your account
• We reserve the right to adjust credit costs for different models and resolutions at any time

5. AI Image Generation

5.1 Service Description

The Service uses third-party AI models (currently Google Gemini) to generate images from text prompts. We are an intermediary platform — we do not develop, train, or control the underlying AI models.

5.2 No Guarantees

AI image generation is inherently unpredictable. We make no warranties or representations whatsoever that:

• Generated images will meet your expectations, requirements, or standards
• The AI will produce consistent, accurate, or repeatable results
• Generated images are free from artifacts, distortions, biases, or errors
• Generated images do not inadvertently resemble copyrighted works, trademarks, or real individuals
• Generated images are suitable or safe for any particular use
• The Service will be available without interruption, error-free, or secure

You use AI-generated content entirely at your own risk. You are solely responsible for reviewing all generated content for accuracy, legality, appropriateness, and potential intellectual property conflicts before any use.

5.3 AI Model Changes

We may update, change, or replace the underlying AI models at any time without prior notice. Such changes may affect generation quality, speed, style, or output characteristics. These changes do not constitute grounds for a refund or any claim against us.

6. Intellectual Property

6.1 Your Content

Subject to these Terms, you retain ownership of images you generate using the Service. You grant us a limited, non-exclusive, worldwide license to store, process, and display your content solely for the purpose of providing the Service.

6.2 Commercial Use

• Free and Starter plans: Generated images are for personal use only. Commercial use is prohibited.
• Creator and Pro plans: You receive a commercial license to use generated images in commercial projects, marketing materials, and client work.

6.3 AI Copyright Limitations

Important: AI-generated images may not be eligible for copyright protection under current law, as copyright generally requires human authorship. We make no representations or guarantees regarding the copyrightability of any content generated through the Service. You assume all risk related to intellectual property claims, disputes, or litigation arising from your use of generated images.

6.4 Our Platform

All platform code, designs, branding, documentation, and non-user-generated content remain our exclusive property. Nothing in these Terms grants you any right to use our trademarks, logos, or branding.

6.5 No Training on Your Data

We do not use your prompts, images, or any other user content to train AI models. Your data is used solely to provide the Service.

7. Acceptable Use

You agree not to use the Service to:

• Generate illegal content, including child sexual abuse material (CSAM)
• Create non-consensual intimate imagery or deepfakes of real individuals
• Produce content that promotes violence, terrorism, or self-harm
• Generate hate speech, harassment, or discriminatory content
• Create misleading content intended to deceive (fake news, election manipulation, medical misinformation)
• Infringe on third-party intellectual property rights
• Distribute spam, phishing, or malware
• Attempt to reverse-engineer, hack, or exploit the Service
• Use automated tools (bots, scrapers) to access the Service without authorization
• Circumvent usage limits, credit systems, or security measures
• Share, sell, or transfer your account to another person

We reserve the right to review prompts and generated content, remove prohibited material, and immediately suspend or terminate accounts that violate this policy — without refund. See our full Acceptable Use Policy for details.

8. Refunds

Refunds are governed by our Refund Policy. In summary:

• We offer a 30-day money-back guarantee for first-time subscription purchases — only if you have used zero credits
• Any credit usage = no refund
• One refund per customer, ever
• Full details are in our Refund Policy

9. Third-Party Services

The Service relies on third-party providers to operate. These include, but are not limited to: Stripe (payment processing), Supabase (database and authentication), Google Gemini (AI image generation), Vercel (hosting), and other infrastructure providers.

We do not control these third-party services and are not responsible for their availability, performance, security, data practices, or compliance with applicable laws. Your use of the Service constitutes acknowledgment that:

• Third-party service outages may make the Service temporarily unavailable
• Payment processing failures are between you and your payment provider
• AI model behavior, outputs, and capabilities are determined by the model provider, not us
• Data stored by third-party providers is subject to their respective security measures
• We are not liable for any data breach, loss, or unauthorized access that occurs at a third-party provider

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY THIRD-PARTY SERVICE ISSUES, INCLUDING BUT NOT LIMITED TO SERVICE OUTAGES, DATA BREACHES, PAYMENT PROCESSING FAILURES, AI MODEL ERRORS, HOSTING DOWNTIME, OR ANY OTHER THIRD-PARTY ACTION OR INACTION.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY RESULTS OR OUTPUT FROM THE SERVICE WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR ANY PURPOSE; (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; OR (E) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL CREATORS' TOOLKIT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR USE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100).

Without limiting the above, we are specifically not liable for:

• Any damages arising from AI-generated content, including intellectual property claims, offensive or inaccurate outputs, or any use you make of generated images
• Unauthorized access to or alteration of your data or transmissions
• Any conduct or content of any third party on or related to the Service
• Loss of data, whether caused by us, our service providers, or circumstances beyond our control
• Service interruptions caused by maintenance, updates, or events outside our control

12. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control ("Force Majeure Event"), including but not limited to:

• Cyberattacks, hacking, distributed denial-of-service (DDoS) attacks, ransomware, or other malicious acts by third parties
• Failures or outages of third-party service providers (Stripe, Supabase, Google, Vercel, AWS, or any other infrastructure provider)
• Natural disasters, pandemics, epidemics, or public health emergencies
• Government actions, regulations, sanctions, embargoes, or legal restrictions
• Internet or telecommunications infrastructure failures
• Power outages or utility failures
• War, terrorism, civil unrest, or acts of God

During a Force Majeure Event, our obligations under these Terms are suspended for the duration of the event. We will make reasonable efforts to mitigate the impact and resume normal operations. A Force Majeure Event does not constitute grounds for a refund.

13. Indemnification

You agree to indemnify, defend, and hold harmless Creators' Toolkit, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees and legal costs) arising from or related to:

• Your use of the Service or any activity under your account
• Content you generate, modify, distribute, or publish using the Service
• Your violation of these Terms, our Acceptable Use Policy, or any applicable law or regulation
• Any third-party claims related to your generated content, including intellectual property infringement, defamation, or privacy violations
• Your negligence or willful misconduct
• Any dispute between you and a third party relating to your use of the Service

This indemnification obligation survives termination of your account and these Terms.

14. Termination

We may suspend or terminate your account immediately and without notice if:

• You violate these Terms or our Acceptable Use Policy
• We reasonably suspect fraudulent, abusive, or harmful activity
• Required by law, legal process, or government request
• We discontinue the Service (with 30 days' notice where commercially reasonable)

Upon termination for cause, you forfeit any remaining credits and are not entitled to a refund of any kind. You may delete your account at any time through your account settings.

15. Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration rather than in court, except for claims that may be brought in small claims court. You agree to attempt informal resolution by contacting us at legal@creators-toolkit.com before initiating any formal proceedings. We will attempt to resolve disputes within 30 days.

CLASS ACTION WAIVER: YOU AGREE TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE PROCEEDINGS OF ANY KIND.

16. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to conflict of law principles. For users in the European Union, nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence.

17. Miscellaneous

• Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• Entire Agreement: These Terms, together with our Privacy Policy, Refund Policy, Cookie Policy, and Acceptable Use Policy, constitute the entire agreement between you and us regarding the Service.
• No Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment: We may assign or transfer these Terms and our rights without restriction. You may not assign your rights or obligations without our prior written consent.
• Notices: We may provide notices to you via email to the address associated with your account. You are responsible for keeping your email current.
• Survival: Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution survive termination of these Terms.

18. Contact

For questions about these Terms, contact us:

• Email: legal@creators-toolkit.com
• Website: creators-toolkit.com