Terms of Service

Last updated: 5/30/2025

1. Acceptance of Terms

By accessing and using PaintifyAI (the "Service"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these terms, you are not authorized to use this Service.

2. Service Description

PaintifyAI provides AI-powered image transformation services that allow users to transform their photos into artistic styles inspired by famous painters including Picasso, Monet, Da Vinci, Van Gogh, Dali, Warhol, and Frida Kahlo. Our services include:

• AI-powered artistic style transformation using OpenAI's advanced image editing models
• Secure cloud storage for original and transformed images
• Personal gallery management for your artwork collection
• Multiple subscription tiers (Spark, Creator, Visionary) with varying usage limits
• Image moderation and content safety features
• Download capabilities for transformed artwork

3. User Accounts and Eligibility

To use our Service, you must create an account and provide accurate, complete information. You must be at least 13 years old to use this Service. If you are under 18, you must have parental consent. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring your account information remains accurate and up-to-date

4. Content Guidelines and Intellectual Property

Your Content

You retain ownership of the original images you upload to PaintifyAI. By uploading images to our Service, you represent and warrant that:

• You own the rights to the images or have permission to use them
• Your images do not violate any third party's rights, including copyright, trademark, or privacy rights
• Your images comply with our Content Policy outlined below

Content Policy

You agree not to upload, process, or share content that is:

• Illegal, harmful, threatening, abusive, harassing, defamatory, or invasive of privacy
• Containing nudity, sexually explicit material, or content inappropriate for minors
• Violent, graphic, or disturbing in nature
• Hateful or discriminatory based on race, ethnicity, religion, gender, sexual orientation, or disability
• Infringing on intellectual property rights of others
• Containing personal information of third parties without consent

We use automated content moderation systems powered by Google Cloud Vision API to detect inappropriate content.PaintifyAI reserves the right to remove content and terminate accounts for violations of this policy.

License to Use Your Content

By using our Service, you grant PaintifyAI a limited, non-exclusive license to:

• Process your images through our AI transformation technology
• Store your original and transformed images securely in our cloud infrastructure
• Display your images back to you within the Service interface
• Use aggregated, anonymized data for service improvement (without personally identifying you)

This license terminates when you delete your content or close your account, except for content that has been shared publicly or used in aggregated analytics.

5. Subscription Plans and Billing

Service Tiers

Billing and Payments

Paid subscriptions are processed through Stripe, our secure payment processor. By subscribing to a paid plan:

• You authorize us to charge your payment method on a recurring monthly basis
• Charges occur at the beginning of each billing cycle
• You are responsible for maintaining valid payment information
• Failed payments may result in service suspension after reasonable notice
• All fees are non-refundable except as required by law or stated in our refund policy

Usage Limits and Overages

Each subscription tier includes specific monthly transformation limits. When you reach your limit:

• Spark tier: No additional transformations until you upgrade
• Paid tiers: Limits reset monthly; no overage charges apply
• Usage tracking resets on your billing anniversary date

Cancellation and Downgrades

You may cancel or downgrade your subscription at any time through your billing dashboard. Upon cancellation:

• You retain access to paid features until the end of your current billing period
• Your account automatically downgrades to the Spark tier
• Your images remain accessible, but new transformations are subject to Spark tier limits
• No refunds are provided for unused portions of your subscription

6. Data Privacy and Security

We take your privacy seriously. Your data is processed according to our Privacy Policy, which includes:

• Secure storage of your images using Firebase Cloud Storage with access controls
• Encryption of data in transit and at rest
• Limited data sharing only as necessary to provide the Service (e.g., with OpenAI for image processing)
• Regular security audits and compliance with industry standards
• Your right to delete your data and close your account at any time

7. Service Availability and Technical Requirements

While we strive for high availability, we do not guarantee uninterrupted service. Our Service:

• Requires an internet connection and modern web browser
• Works best with square PNG images under 4MB for optimal AI processing
• Accepts PNG, JPG, and WEBP image formats
• May experience temporary downtime for maintenance or technical issues
• Depends on third-party services (OpenAI, Google Cloud) which may affect availability

8. Prohibited Uses

You may not use our Service to:

• Violate any applicable laws or regulations
• Create deepfakes or misleading content intended to deceive
• Generate content for commercial use without appropriate licensing
• Reverse engineer or attempt to extract our AI models or algorithms
• Automate access to the Service through bots or scripts without permission
• Resell or redistribute our Service without authorization
• Use the Service to compete with or replicate our offerings

9. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW:

• We disclaim all warranties, express or implied, including merchantability and fitness for a particular purpose
• We do not guarantee the accuracy, quality, or suitability of AI-generated transformations
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the amount you paid for the Service in the 12 months preceding the claim
• We are not responsible for third-party services or content

10. Indemnification

You agree to indemnify and hold harmless PaintifyAI, its affiliates, and employees from any claims, damages, or expenses arising from your use of the Service, your content, or your violation of these Terms.

11. Termination

We may suspend or terminate your access to the Service at any time for:

• Violation of these Terms of Service
• Fraudulent or illegal activity
• Extended non-payment of subscription fees
• Abuse of our support resources

Upon termination, your right to use the Service ceases immediately. We may, but are not obligated to, delete your account and associated content after a reasonable grace period.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes through:

• Email notification to your registered address
• In-app notifications when you next access the Service
• Updates to this page with revised "Last updated" date

Continued use of the Service after changes constitutes acceptance of the new Terms.

13. Governing Law and Disputes

These Terms are governed by the laws of [Your Jurisdiction]. Any disputes will be resolved through binding arbitration in [Your Location], except for claims involving intellectual property rights, which may be brought in federal court.

14. Contact Information

For questions about these Terms, our Service, or to report violations, please contact us:

15. Miscellaneous

• Severability: If any provision is found unenforceable, the remainder remains in effect
• Assignment: You may not assign these Terms; we may assign them with notice
• Entire Agreement: These Terms, together with our Privacy Policy, constitute the complete agreement
• Force Majeure: We are not liable for delays caused by circumstances beyond our reasonable control