Terms of Service

1. Agreement to Terms

By accessing or using Thumbtory ("Service," "we," "our," or "us"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. We reserve the right to update and change the Terms by posting updates and changes to the website. You are advised to check the Terms from time to time for any updates or changes.

2. Description of Service

Thumbtory is an AI-powered platform that generates YouTube thumbnails using advanced artificial intelligence technology. Our services include:

• Text-to-image thumbnail generation using AI
• Persona-based generation with face swap capabilities
• YouTube channel style analysis and recreation
• Custom style creation and management
• Credit-based usage system

3. User Accounts

3.1 Account Creation

To use our Service, you must create an account by authenticating through Google OAuth. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2 Account Security

You are responsible for safeguarding the password or credentials used to access the Service and for any activities or actions under your account. You agree not to disclose your account credentials to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

3.3 Account Termination

We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time, including but not limited to violation of these Terms, fraudulent activity, or abuse of the Service.

4. Credits and Pricing

4.1 Credit System

Our Service operates on a credit-based system. Each thumbnail generation consumes credits from your account. The number of credits required may vary based on the complexity and features used.

4.2 Pricing Plans

All Paid.

4.3 Payment Terms

All fees are exclusive of all taxes, levies, or duties. You are responsible for payment of all such taxes, levies, or duties. All purchases are final and non-refundable unless otherwise required by law.

4.4 Credit Expiration

Credits do not expire unless your account is terminated or inactive for more than 12 months. We reserve the right to modify our pricing and credit policies with 30 days notice.

5. Acceptable Use Policy

You agree not to use the Service to:

• Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Create content that infringes on intellectual property rights of others
• Generate thumbnails containing hate speech, violence, nudity, or sexually explicit content
• Impersonate any person or entity or misrepresent your affiliation with a person or entity
• Upload images of individuals without their consent for persona-based generation
• Engage in any automated use of the system, such as scraping or data mining
• Attempt to bypass any measures we use to prevent or restrict access to the Service
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Resell, redistribute, or commercialize the Service without explicit permission

Violation of this Acceptable Use Policy may result in immediate termination of your account and access to the Service.

6. Intellectual Property Rights

6.1 Service Ownership

The Service and its original content, features, and functionality are and will remain the exclusive property of Thumbtory. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

6.2 User Content

You retain all rights to the images you upload and the thumbnails generated through our Service. By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your content solely for the purpose of providing the Service to you.

6.3 Generated Content Rights

You own the thumbnails generated through our Service and may use them for commercial purposes. However, you acknowledge that AI-generated content may not be eligible for copyright protection under current laws, and similar outputs may be generated for other users using similar prompts.

6.4 Third-Party Content

You are solely responsible for ensuring you have the right to use any images, personas, or styles you upload to the Service. You must not upload content that infringes on the intellectual property rights of others.

7. Third-Party Services

Our Service uses third-party services including Google OAuth for authentication, OpenAI's DALL-E for image generation, and YouTube API for channel analysis. Your use of these third-party services is subject to their respective terms of service and privacy policies:

• Google Terms of Service and Privacy Policy
• OpenAI Terms of Use and Privacy Policy
• YouTube Terms of Service

We are not responsible for the practices or content of these third-party services.

8. Service Availability and Modifications

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We will use reasonable efforts to provide advance notice of any significant changes.

We do not guarantee that the Service will be available at all times or that it will be error-free. The Service may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications.

9. Disclaimers and Limitation of Liability

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THUMBTORY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, 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
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST SIX (6) MONTHS, OR ONE dollar ($), WHICHEVER IS lower.

10. Indemnification

You agree to defend, indemnify, and hold harmless Thumbtory and its licensors, employees, contractors, agents, officers, and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from:

• Your use of and access to the Service
• Your violation of any term of these Terms
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights
• Any claim that your content caused damage to a third party

11. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiation. If the dispute cannot be resolved through negotiation, it shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12. Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy, which describes how we collect, use, and disclose information that pertains to your privacy. By using the Service, you consent to the collection and use of information as detailed in our Privacy Policy.

13. Refund Policy

All credit purchases are final and non-refundable. However, we may provide refunds at our sole discretion in cases of:

• Technical errors that prevent you from using purchased credits
• Duplicate charges or billing errors
• Service unavailability that prevents credit usage within 30 days of purchase

Refund requests must be submitted within 14 days of purchase and will be reviewed on a case-by-case basis.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Service.

17. Contact Information

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

18. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.