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Terms of Service

1. Acceptance of Terms

Welcome to GeminImage ("we," "us," "our," or "GeminImage"). These Terms of Service ("Terms") govern your use of our AI-powered image generation and creative platform, including our website, mobile applications, and all related services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICE.

If you are under 18 years of age, you must have your parent or legal guardian's consent to use our Service. By using our Service, you represent that you are at least 13 years old and meet the minimum age requirements in your jurisdiction.

2. Description of Service

GeminImage provides an AI-powered platform that enables users to generate, enhance, and modify digital content, including images, designs, and other visual assets ("Generated Content") through artificial intelligence tools and algorithms.

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Service, you must create an account and provide accurate, complete information.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Account Eligibility

You represent that you have the legal capacity to enter into these Terms and that all information you provide is true and accurate.

4. Content and Intellectual Property

4.1 Your Content

You retain ownership of any original content you upload to our Service ("User Content"). By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, store, process, and display such content solely to provide our Service.

4.2 Generated Content

Subject to these Terms and applicable law, you own the Generated Content created through our Service using your inputs and prompts. However, this ownership is subject to the disclaimers and limitations set forth in these Terms.

4.3 Our Intellectual Property

All aspects of the Service, including our AI models, algorithms, software, and platform technology, are our proprietary intellectual property or that of our licensors.

5. Prohibited Uses and Content Policy

You agree not to use our Service to create, upload, or generate content that:

  • Violates any applicable laws or regulations
  • Infringes upon intellectual property rights of others
  • Contains harmful, offensive, or inappropriate material
  • Impersonates others or misrepresents your identity
  • Attempts to gain unauthorized access to our systems

6. DISCLAIMER

This platform is a creative and independent artistic tool designed to help users generate and modify digital images. While the visual style and outputs may evoke familiar artistic themes, GeminImage is not affiliated with, endorsed by, or connected to any specific studio, brand, or intellectual property owner.

We do not utilize original characters, storylines, names, or copyrighted works from third-party properties. All images created or shown are original generative AI outputs.

Any trademarks, logos, or copyrighted materials referenced are the property of their respective owners. Users are solely responsible for how they use any Generated Content. We are not liable for misuse, distribution, or copyright infringement resulting from user actions.

6.1 AI-Generated Content Disclaimers

  • No Guarantee of Originality: While our AI models are designed to generate original outputs, we cannot guarantee that Generated Content will not inadvertently resemble existing copyrighted works.
  • User Responsibility: You are solely responsible for ensuring your use of Generated Content complies with applicable laws and does not infringe third-party rights.

7. Subscription Plans and Payments

7.1 Free and Paid Services

We offer both free and paid subscription plans with varying features and usage limits.

7.2 Payment Terms

Subscription fees are billed in advance and are non-refundable except as required by law.

7.3 Cancellation

You may cancel your subscription at any time, but you will not receive refunds for unused portions of prepaid fees.

8. Privacy and Data Collection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

9. Copyright and DMCA Policy

We respect intellectual property rights and will respond to valid DMCA takedown notices. If you believe your copyrighted work has been infringed, please contact us with:

  • Identification of the copyrighted work
  • Identification of the allegedly infringing material
  • Your contact information
  • A statement of good faith belief that use is unauthorized
  • A statement under penalty of perjury that the information is accurate
  • Your electronic or physical signature

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GEMINIMAGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. WARRANTIES DISCLAIMER

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. Indemnification

You agree to defend, indemnify, and hold harmless GeminImage, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you create, upload, or share through our Service

13. Termination

13.1 By You

You may terminate your account at any time by following the instructions in your account settings.