Terms of Service for Image Editor AI

Effective Date: January 1, 2025
Last Updated: January 1, 2025

Introduction and Acceptance of Terms

Welcome to Image Editor AI, a free AI-powered platform that allows you to create and edit images using text prompts, remove backgrounds, upscale photos, and generate AI art. By accessing or using our service, you agree to be bound by these Terms of Service. If you do not agree with any of these terms, please do not use our service.

Use of the Service

Image Editor AI provides users with comprehensive AI-powered image editing capabilities. You agree to use the service in accordance with all applicable local, state, national, and international laws and regulations. Our service includes:

Core Features

• AI Image Generation: Create new images from text descriptions using advanced generative models
• Background Removal: Automatically detect and remove backgrounds with pixel-perfect precision
• Image Upscaling: Enhance image resolution while maintaining quality and detail
• Style Transfer: Transform images into different artistic styles based on text prompts
• Text Editing: Modify text within images while preserving original styling and context
• Portrait Enhancement: Transform portraits with precision and artistic flair

Service Availability

• Free Tier: Basic functionality available without payment
• Subscription Plans: Enhanced features and higher usage limits through paid plans
• Credit System: Operations consume credits based on complexity and processing requirements
• Processing Time: Most operations complete within 10 seconds to 5 minutes

User Accounts and Registration

Account Requirements

1. Account Creation: To access certain features of the service, you need to create an account. You must provide accurate and complete information during the registration process.

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

3. User Responsibilities: You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Credit System

• Credit Consumption: Our service operates on a credit-based system where each AI operation consumes credits:
  • AI Image Generation: 1 credit per generation
  • Background Removal: 1 credit per removal
  • Image Upscaling: 1 credit per upscale operation
  • Style Transfer: 1 credit per transformation
  • Text Editing: 1 credit per text modification

Subscription Plans

• Hobby Plan: 100 credits/month, 30-day history
• Basic Plan: 300 credits/month, 60-day history
• Pro Plan: 600 credits/month, 100-day history
• One-time Packs: Available for occasional users

Content and Intellectual Property Rights

Your Content

• Uploaded Images: You retain ownership of images you upload to our service. You grant us a limited license to process these images for the purpose of providing our AI editing services.
• Generated Images: You own the rights to images generated by our AI service, subject to the restrictions outlined below.
• Text Prompts: You retain ownership of text prompts you provide, though we may use anonymized, aggregated data to improve our services.

Our Content

• AI Technology: The underlying AI technology, algorithms, and processing capabilities remain our intellectual property.
• Platform Infrastructure: Our platform, user interface, and service infrastructure are protected under copyright law.
• Service Features: All service features, functionality, and improvements remain our proprietary technology.

Commercial Use Rights

• Commercial License: All generated images come with a commercial license, allowing you to use them for commercial purposes including marketing, advertising, and business use.
• Attribution: While not required, attribution to Image Editor AI is appreciated for commercial use.
• Restrictions: You may not resell, redistribute, or claim ownership of our AI technology or platform.
• Resale Prohibition: You may not resell our service or generated content without proper authorization.

Prohibited Activities

You agree not to engage in any of the following prohibited activities while using Image Editor AI:

Content Restrictions

• Illegal Content: Creating, uploading, or requesting content that is illegal, harmful, or violates any laws or regulations
• Inappropriate Content: Generating or requesting content that is sexually explicit, violent, discriminatory, or otherwise inappropriate
• Copyright Infringement: Uploading images or requesting content that infringes on third-party intellectual property rights
• Misleading Content: Creating deepfakes, misleading images, or content intended to deceive or defraud others
• Legal Compliance: While you can generate and edit any type of image including photos, artwork, graphics, and creative designs, all content must comply with applicable legal regulations and our terms of service

Technical Restrictions

• Unauthorized Access: Attempting to bypass security features, rate limits, or access restrictions
• Service Abuse: Excessive usage that impacts service performance for other users
• Reverse Engineering: Attempting to reverse engineer, decompile, or extract our AI technology
• Automated Access: Using bots, scrapers, or automated tools to access our service without permission

Commercial Restrictions

• Commercial Resale: Reselling our service or generated content without proper authorization
• Unauthorized Distribution: Redistributing our service or technology to third parties
• Competitive Use: Using our service to develop competing AI image editing technologies

Privacy and Data Collection

Image Editor AI collects and processes data as described in our Privacy Policy. Key data collection practices include:

Data Types Collected

• Account Information: Information you provide when creating an account
• Image Data: Images you upload for editing (temporarily processed)
• Text Prompts: Instructions you provide for AI processing
• Usage Details: Data related to your activity and credit consumption
• Device Information: Information about the device you use to access our service
• Cookies: Data that helps us enhance your experience with our service
• Payment Information: Data necessary to process payments for our subscription plans

Data Processing

• Temporary Storage: Images and prompts are temporarily stored during processing
• Automatic Deletion: Data is automatically deleted after processing completion
• No Training Use: Your data is not used to train our AI models
• Security Measures: All data is protected with industry-standard security measures

For complete details on our data collection practices, please refer to our Privacy Policy.

Pricing and Payments

Our service operates on a credit-based subscription model with the following terms:

Subscription Plans

• Hobby Plan: $9.99/month (100 credits, 30-day history)
• Basic Plan: $19.99/month (300 credits, 60-day history)
• Pro Plan: $39.99/month (600 credits, 100-day history)
• Annual Plans: 20% discount available for yearly subscriptions
• One-time Packs: $4.99 for 40 credits (1-month validity)

Payment Terms

• Payment Processing: All payments processed securely through Stripe
• Billing Cycle: Monthly subscriptions renew automatically
• Payment Methods: Credit cards, debit cards, and other supported payment methods
• Currency: All prices in USD unless otherwise specified

Refund Policy

• No Refunds: All purchases are final and non-refundable unless otherwise required by law
• Service Issues: Refunds may be considered for significant service disruptions
• Disputed Charges: Contact us immediately for any billing disputes

Price Changes

• Advance Notice: Price changes communicated with 30 days advance notice
• Grandfathering: Existing subscribers may retain current pricing for a limited period
• Effective Date: New prices apply to new subscriptions and renewals

Termination

Termination by Us

We reserve the right to terminate or suspend your access to the service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the service, us, or third parties.

Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in your account settings.

Effects of Termination

Upon termination:

• Your access to the service will be immediately revoked
• Any unused credits will be forfeited
• You may download your generated images before account closure
• We may retain certain data as required by law or for legitimate business purposes
• Your subscription will be cancelled and no further charges will occur

Survival of Terms

Certain provisions of these Terms will survive termination, including intellectual property rights, limitations of liability, and dispute resolution provisions.

AI Service Limitations

Please understand the following limitations of our AI service:

Quality and Accuracy

• Quality Variations: AI-generated results may vary in quality and may not always meet your expectations
• Processing Time: Complex operations may take longer to complete (up to 5 minutes for complex requests)
• Content Accuracy: AI may not always accurately interpret or execute your prompts
• Technical Limitations: Some image types or editing requests may not be supported

Service Availability

• Uptime: We strive for high availability but cannot guarantee uninterrupted service
• Maintenance: Scheduled maintenance may temporarily affect service availability
• Capacity: Service may be limited during high usage periods
• Regional Restrictions: Some features may not be available in all regions

Content Limitations

• Copyright Compliance: Users are responsible for ensuring uploaded content doesn't infringe copyrights
• Content Moderation: We reserve the right to reject or remove inappropriate content
• AI Bias: AI models may reflect biases present in training data
• Accuracy Disclaimer: AI-generated content should not be relied upon for critical decisions

Disclaimer of Warranties

The service is provided on an "as is" and "as available" basis. We make no warranties or representations about the accuracy, reliability, or availability of the service and disclaim all warranties to the fullest extent permitted by law.

Specific Disclaimers

• AI Results: We do not guarantee that AI-generated content will meet your specific requirements
• Service Availability: We do not warrant that the service will be error-free or uninterrupted
• Processing Accuracy: We do not guarantee the accuracy or quality of AI processing results
• Content Processing: We do not warrant that uploaded content will be processed exactly as requested
• Third-party Services: We disclaim responsibility for third-party services or content

User Responsibility

• Content Review: Users are responsible for reviewing and approving all generated content
• Legal Compliance: Users must ensure generated content complies with applicable laws
• Backup: Users should maintain backups of important content
• Professional Use: For professional applications, users should verify results independently

Limitation of Liability

To the fullest extent permitted by law, Image Editor AI shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:

Service-Related Damages

• The use of or inability to use the service
• AI-generated content that does not meet expectations
• Loss of uploaded images or generated content
• Service interruptions or technical issues
• Any content created using our AI technology

Limitation Scope

• Maximum Liability: Our total liability shall not exceed the amount paid by you for the service in the 12 months preceding the claim
• Consequential Damages: We are not liable for any indirect, incidental, or consequential damages
• Business Losses: We are not liable for lost profits, business interruption, or other commercial damages
• Third-party Claims: We are not liable for claims arising from your use of generated content

Exceptions

This limitation does not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Any other liability that cannot be excluded or limited by applicable law

Indemnification

You agree to indemnify and hold harmless Image Editor AI, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

User Conduct

• Your use of the service or violation of these Terms
• Content you upload or generate using our service
• Your violation of any third-party rights
• Any content that infringes on intellectual property or other rights

Indemnification Process

• Notice: We will provide prompt notice of any claim requiring indemnification
• Defense: We may assume control of the defense of any claim
• Cooperation: You agree to cooperate with our defense efforts
• Settlement: We may settle claims without your consent if you fail to respond

Limitations

• Proportional Liability: Your indemnification obligations are proportional to your fault
• Insurance: We maintain appropriate insurance coverage
• Good Faith: Indemnification applies only to claims made in good faith

Governing Law and Dispute Resolution

Governing Law

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

Dispute Resolution Process

1. Informal Resolution: We encourage users to contact us first to resolve disputes informally
2. Mediation: If informal resolution fails, disputes may be resolved through mediation
3. Arbitration: Any disputes arising from these Terms or the service will be resolved through binding arbitration
4. Class Action Waiver: You waive the right to participate in class action lawsuits or class-wide arbitration

Arbitration Details

• Arbitrator: Disputes will be resolved by a neutral arbitrator
• Location: Arbitration will be conducted in a mutually agreed location
• Costs: Each party bears their own costs unless otherwise determined by the arbitrator
• Award: Arbitrator's decision is final and binding

Exceptions

This dispute resolution provision does not apply to:

• Intellectual property disputes
• Claims for injunctive relief
• Small claims court matters
• Any disputes that cannot be arbitrated under applicable law

Changes to These Terms

We reserve the right to update or modify these Terms at any time to reflect changes in our service, legal requirements, or business practices.

Notification Methods

• Website Notice: Updated terms posted on this page with new effective date
• Email Notification: Significant changes communicated via email to registered users
• Service Notice: Important changes displayed through our service interface
• Advance Notice: Material changes communicated with 30 days advance notice when possible

Effective Date

• Immediate Effect: Changes become effective when posted on this page
• Continued Use: Your continued use of the service after changes constitutes acceptance
• Previous Versions: Previous versions available upon request for comparison

User Rights

• Review Period: Users have 30 days to review material changes
• Objection: Users may object to material changes by terminating their account
• Grandfathering: Existing users may retain certain terms for a limited period

Contact Information

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

Contact Details

• Service: Image Editor AI
• Email: support@nanobananaaiimageeditor.com
• Response Time: We typically respond within 24-48 hours
• Legal Inquiries: Available for complex legal questions

Types of Inquiries

• Terms Questions: General questions about these Terms of Service
• Account Issues: Problems with account access or billing
• Service Complaints: Issues with service quality or functionality
• Legal Concerns: Questions about legal compliance or rights

Alternative Dispute Resolution

If you are not satisfied with our response to your concerns, you may contact your local consumer protection agency or seek alternative dispute resolution services.

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By using Image Editor AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for choosing Image Editor AI!