1. Agreement to Terms

By accessing or using iProPics ("Service", "we", "us", or "our"), you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our Service.

2. Description of Service

iProPics is an AI-powered photo generation service that transforms a single portrait photograph into multiple professional-style images using Google's Gemini AI technology. Our Service allows users to:

• Upload portrait photographs
• Generate AI-enhanced professional photos (typically 10+ photos per album)
• Edit generated photos using AI-powered tools (each edit operation consumes 1 photo credit)
• Download generated images in various formats

3. User Accounts and Registration

3.1 Account Creation: To access certain features of the Service, you may be required to create an account through our authentication provider, Clerk. You agree to provide accurate, current, and complete information during registration.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.3 Account Eligibility: You must be at least 18 years old to create an account and use our Service. By creating an account, you represent that you meet this age requirement.

4. Pricing and Payment

4.1 Payment Plans: We offer various pricing plans, including:

• Pay-per-use options (one-time purchases)
• Subscription plans (monthly or annual billing)
• Credit-based packages

4.2 Payment Processing: All payments are processed securely through Lemon Squeezy, our third-party payment processor. By making a purchase, you agree to their terms and conditions.

4.3 Pricing Changes: We reserve the right to modify our pricing at any time. Changes to subscription pricing will be communicated to you in advance and will take effect at your next renewal period.

4.4 Taxes: Prices do not include applicable taxes, which will be calculated and added at checkout based on your location.

4.5 Auto-Renewal: Subscription plans automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current rate for your plan.

4.6 Credit Usage: The Service operates on a credit-based system where certain actions consume credits or count toward your usage limits:

• Generating new photos consumes credits based on the number of photos requested
• Editing existing photos costs 1 credit per edit operation
• Subscription plans may include welcome credits, daily free credits, or unlimited credits depending on the tier
• Credits are deducted at the time of processing, and failed operations may still consume credits if processing has begun

5. Refund Policy

5.1 Satisfaction Guarantee: We offer a 24-hour money-back guarantee for one-time purchases. If you are not satisfied with the generated photos, you may request a full refund within 24 hours of purchase by contacting our support team.

5.2 Subscription Refunds: Subscription payments are non-refundable except as required by law. You may cancel your subscription at any time, and you will retain access until the end of your current billing period.

5.3 Technical Issues: If you experience technical issues that prevent you from using the Service, please contact our support team. We will work to resolve the issue or provide a refund or credit as appropriate.

6. User Content and Uploaded Images

6.1 Your Content: You retain all ownership rights to the photographs you upload to our Service. By uploading content, you grant us a limited, non-exclusive, royalty-free license to use, process, and store your images solely for the purpose of providing the Service.

6.2 Content Restrictions: You may not upload content that:

• Violates any law or regulation
• Infringes on the rights of any third party
• Contains nudity, explicit sexual content, or pornography
• Depicts minors in inappropriate ways
• Contains hate speech, violence, or discriminatory content
• Violates our content policies or community guidelines

6.3 Content Removal: We reserve the right to remove any content that violates these terms or is deemed inappropriate at our sole discretion.

6.4 Data Retention: Uploaded images and generated photos may be stored for a limited time period as specified in our Privacy Policy. You may delete your content at any time through your account settings.

7. Generated Images and Intellectual Property

7.1 Ownership of Generated Images: Subject to your compliance with these Terms and full payment of applicable fees, you own the AI-generated images created from your uploaded photos.

7.2 Commercial Use: Commercial use of generated images may require a commercial license, depending on your subscription plan. Free and basic tier users are granted a personal, non-commercial license only.

7.3 AI-Generated Content Disclaimer: Images are generated using artificial intelligence and may contain imperfections. We do not guarantee that generated images will meet your specific requirements or be error-free.

7.4 Our Intellectual Property: The Service, including its software, algorithms, design, branding, and all related intellectual property, is owned by iProPics and is protected by copyright, trademark, and other intellectual property laws.

8. Service Limitations and Guarantees

8.1 No Warranty: The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.2 Service Availability: We strive to maintain high availability but do not guarantee that the Service will be uninterrupted, timely, secure, or error-free. We may suspend or discontinue the Service at any time without notice.

8.3 Quality of Results: The quality and style of AI-generated images depend on various factors, including the quality of uploaded photos and AI model performance. Results may vary, and we do not guarantee specific outcomes.

8.4 Usage Limits: Different subscription tiers and payment plans have different usage limits (e.g., number of albums per month, number of photos per album, editing capabilities). These limits are specified in your plan details.

9. Third-Party Services

9.1 AI Provider: Our Service uses Google's Gemini AI technology. Your use of the Service is also subject to Google's terms of service and content policies.

9.2 Payment Processor: Payments are processed through Lemon Squeezy. Your payment information is subject to their privacy policy and terms of service.

9.3 Authentication Provider: Account authentication is provided through Clerk. Your account information is subject to their privacy policy and terms of service.

9.4 Third-Party Liability: We are not responsible for any issues, damages, or losses arising from third-party services, including but not limited to payment processing failures, AI model errors, or authentication issues.

10. Prohibited Uses

You agree not to:

• Use the Service for any illegal purpose or in violation of any laws
• Upload images of individuals without their consent
• Attempt to reverse engineer, decompile, or extract the source code of the Service
• Use automated systems (bots, scrapers) to access the Service
• Circumvent usage limits or payment requirements
• Resell or redistribute generated images without appropriate licensing
• Use the Service to create deepfakes or misleading content
• Interfere with or disrupt the Service or servers
• Impersonate any person or entity or misrepresent your affiliation
• Share your account credentials with others

11. Limitation of Liability

11.1 Disclaimer: To the maximum extent permitted by law, iProPics shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Unauthorized access, use, or alteration of your content
• Any errors or omissions in generated content

11.2 Maximum Liability: Our total liability to you for all claims arising from or relating to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim, or $100, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless iProPics, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your uploaded content or generated images

13. Privacy and Data Protection

Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and protect your personal information and uploaded content. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

14. Account Termination

14.1 Termination by You: You may terminate your account at any time through your account settings or by contacting our support team. Upon termination, your subscription will not renew, but you will retain access until the end of your billing period.

14.2 Termination by Us: We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe:

• Violates these Terms or our policies
• Is harmful to other users, us, or third parties
• Violates any laws or regulations
• Involves fraudulent or illegal activity

14.3 Effect of Termination: Upon termination, your right to use the Service will immediately cease. We may delete your account data and content in accordance with our data retention policies.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of significant changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

16. Dispute Resolution and Governing Law

16.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

16.2 Jurisdiction: You agree that any dispute arising from or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of such courts.

16.3 Informal Resolution: Before filing any formal legal action, you agree to first contact us and attempt to resolve the dispute informally by sending a written notice describing the nature and basis of the claim.

17. Miscellaneous

17.1 Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and iProPics regarding the Service.

17.2 Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

17.4 Assignment: You may not assign or transfer these Terms or your account without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

17.5 Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18. Contact Information

If you have any questions about these Terms, please contact us at:

iProPics
0685-B Hazelhurst Dr. # 35149
Houston, TX 77043
USA

Email: support@ipropics.com