Terms of Service

You accept these terms by ticking the acceptance box shown when you first set up your account. That tick is a deliberate act: the box is never pre-selected, and setup cannot be completed — or skipped — without it.

We record which version of these terms you accepted and the time you accepted it, stored against your account. You can ask us for that record at any time, and it is deleted along with everything else if you delete your account.

Creating an account, buying credits or using any part of the service also constitutes acceptance, whether or not the box was shown to you.

We may change these terms as the service develops or as the law requires. When we do, we change the effective date at the top of this page and ask you to accept the new version before you carry on using the service. You will not be moved onto revised terms silently, and continued use alone is not how we treat a change as accepted. Where a change materially reduces your rights we will also give reasonable notice by email or in the app.

If you do not want to accept a revised version, you do not have to. You can stop using the service and delete your account from Settings at any time, and the Refund Policy sets out what happens to any credits you have not used.

You must be at least 18 years old and legally able to enter into a contract. If you use the service on behalf of a business, you confirm you are authorised to bind that business, and “you” means both you and it.

You are responsible for everything that happens under your account, including keeping your sign-in credentials secure. Tell us promptly at the contact address below if you believe your account has been accessed without your permission.

You must give accurate information when registering and keep it up to date. One person or business may hold one account. Creating additional accounts to obtain further free credits is a breach of these terms.

The service lets you provide brand materials and a written description, and returns an image with a caption and hashtags generated by third-party artificial intelligence models.

Output is produced automatically by a machine learning model. No person reviews it before it reaches you. It is generated fresh for each request, and identical or similar requests — from you or from anyone else — may produce similar results. We do not promise that any output is unique, accurate, original, suitable for any purpose, or free of errors.

The service is a creative tool. It is not advertising advice, legal advice, or a substitute for your own judgement about what you publish.

You keep ownership of everything you upload or type — logos, photographs, colours, reference material, business details and prompts (“your content”).

You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, adapt and process your content for the sole purposes of operating the service, generating output for you, and complying with the law. This licence exists only so we can run the service for you and ends when you delete the content or your account, except where we must retain something to meet a legal obligation.

You confirm that you own your content or have all the rights and permissions necessary to use it, including any rights belonging to other people whose trade marks, images, photographs or likenesses appear in it. You are responsible for obtaining consent from any identifiable person in a photograph you upload.

We do not routinely review your content. We may remove or refuse to process anything we reasonably believe breaches these terms or the law.

As between you and us, you own the output you generate, and we claim no ownership over it. We assign to you whatever rights in the output we are capable of granting.

You should understand that those rights may be limited by law rather than by us. In many countries material generated by an artificial intelligence system without sufficient human authorship may not attract copyright protection at all. We make no representation that output is protectable, that you can register it, or that you can stop others from using something similar.

Output is not checked by us for accuracy, originality, or whether it infringes anyone's rights. A generated image may resemble existing work, may include text that is misspelled or wrong, and may misrepresent a product, price, date or claim.

You are solely responsible for reviewing every output before you use it, and for anything that follows from publishing it. That includes checking that prices, offers, dates, claims and contact details are correct; that the content complies with advertising, consumer protection, competition and labelling law in every place you publish; that it does not infringe anybody's intellectual property, privacy or image rights; and that it meets the rules of any platform you post it to.

We are not the publisher of anything you generate. We do not endorse it, verify it, or accept responsibility for it. Publishing is your decision and your act.

Each generated image and video remains available in the service for 12 months from the date that particular file is created. An edit, new version or video has its own 12-month period and does not extend the period for an older file.

After that period the file is removed automatically and cannot be downloaded or recovered through the service. Download anything you want to keep before its expiry date. Credits pay for creating output, not permanent file storage, so expiry does not create a right to a refund.

This limit applies only to generated images and videos. Your account, credits, captions, prompts, logos, profile picture, reference images and other brand materials remain until you delete them or your account, unless these terms or the law say otherwise.

You must not use the service to create, upload or distribute content that: is unlawful, defamatory, harassing, hateful or discriminatory; is sexually explicit, or depicts a minor in any sexualised way; depicts real identifiable people without their consent, including any “deepfake” or synthetic likeness; infringes anyone's intellectual property, privacy or image rights; impersonates a person, business or public body, or falsely suggests an endorsement; is deceptive or fraudulent, including false pricing, fake reviews, fake testimonials, or misleading health, medical, financial or investment claims; or promotes weapons, illegal drugs, or self-harm.

You must not attempt to circumvent, disable or overload any technical limit, rate limit, security control or credit accounting; access the service by automated means other than any interface we provide; reverse engineer the service; resell or provide the service to third parties as your own; or use the output to train, fine-tune or evaluate a competing artificial intelligence model.

You must comply with the terms of the underlying model providers, including the prohibited use policies of the providers named below.

We may investigate suspected breaches and take any action we consider appropriate, including removing content, suspending or terminating your account, withholding unused credits in the case of fraud or abuse, and reporting the matter to the authorities.

The service is used by spending credits. Credits are a limited, personal, non-transferable licence to request generations from us. They are not money, not a deposit, not electronic currency, and carry no cash value outside the service. They cannot be sold, transferred, exchanged, or redeemed for cash.

Free credits, including any welcome grant or promotional credits, are given at our discretion, have no monetary value whatsoever, and may be varied, withheld or withdrawn at any time.

Payments are processed by our payment provider, which acts as the merchant of record and seller for every purchase. Your purchase is therefore also subject to its own terms and privacy notice. We never receive or store your card details.

Prices are shown before you buy and include applicable taxes where our payment provider is required to collect them. We may change prices at any time; a change never affects a purchase already completed. Credits are consumed when a generation is requested.

Refunds are governed by our Refund Policy, which forms part of these terms.

We provide the service on a reasonable-efforts basis. We do not guarantee any level of availability, uptime, response time, or output quality, and the service may be unavailable during maintenance, third-party outages, or for reasons outside our control.

We may add, change, suspend or remove features at any time. If we discontinue the service entirely we will give reasonable notice and, where you hold unused paid credits at that point, we will refund their unused value.

Generations depend on third-party models. If a provider changes, restricts, prices differently or withdraws a model, output quality and available features may change.

The service is built on infrastructure and models operated by others. Google supplies the artificial intelligence models and hosts the application, its database and its file storage. Payments are handled by our payment provider, acting as merchant of record. Cloudflare routes our email.

We choose these providers with reasonable care but we do not control them, and we are not responsible for their acts, omissions, outages or changes of terms. Where their terms apply to you as an end user, you agree to comply with them.

You may stop using the service and delete your account at any time from Settings. Deleting your account permanently erases your brand materials and generated posts, and forfeits any remaining credits without refund except where the Refund Policy or the law says otherwise.

We may suspend or terminate your account immediately, without notice and without refund, if you breach these terms, if we reasonably suspect fraud, abuse, or unauthorised access, if you initiate a chargeback without first contacting us, or if we are required to do so by law.

Where the breach is minor and capable of being put right, we will normally contact you first and give you an opportunity to do so.

Termination does not affect any rights or liabilities that arose before it. The sections on generated content, disclaimers, limitation of liability, indemnity and governing law survive termination.

To the fullest extent permitted by law, the service and all output are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory. We specifically disclaim any implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and quiet enjoyment.

We do not warrant that the service will be uninterrupted, secure or error-free, that output will meet your requirements or expectations, that defects will be corrected, or that output will be original, accurate, lawful in your jurisdiction, or suitable for commercial publication.

Nothing in this section limits any rights you have as a consumer that cannot be excluded under the law that applies to you.

Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited. Where you deal with us as a consumer, your mandatory statutory rights are unaffected by anything in this section.

Subject to the paragraph above, we are not liable for any indirect, incidental, special, consequential, exemplary or punitive loss; for loss of profits, revenue, business, goodwill, reputation, contracts, anticipated savings or opportunity; for loss of or damage to data; or for any claim brought against you by a third party arising from content you generated or published.

Subject to the first paragraph of this section, our total aggregate liability to you for all claims arising out of or in connection with these terms or the service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the greater of the total amount you actually paid us in the twelve months immediately before the event giving rise to the claim, or fifty pounds sterling (£50).

You accept that this allocation of risk is reasonable given that the service is offered at low cost, that output is generated automatically without human review, and that you retain complete control over whether and how any output is used.

You agree to indemnify us and hold us harmless against all claims, demands, proceedings, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) that we suffer or incur arising out of or in connection with: content you upload; output you generate, publish, distribute or otherwise use; your breach of these terms or of any applicable law; your infringement of any third party's intellectual property, privacy, image or other rights; and any claim by a person appearing in, or referred to by, material you supplied or produced.

We will notify you of any claim to which this applies, will not settle it without consulting you where it is reasonable to consult, and you may participate in its defence at your own cost.

This indemnity does not apply to the extent a claim arises from our own breach of these terms, our negligence, or anything we may not lawfully exclude — and, where you are a consumer, it applies only to the extent permitted by the consumer protection law that applies to you.

These terms and any dispute arising out of them are governed by the law of England and Wales, and the courts of England and Wales have non-exclusive jurisdiction.

This does not deprive you of the protection of the mandatory consumer protection rules of the country where you live. If you are a consumer resident in Brazil, nothing in these terms limits your rights under the Código de Defesa do Consumidor, and you may bring proceedings in the courts of your own domicile. If you are a consumer resident in the United Kingdom or the European Union, your mandatory local consumer rights apply in the same way.

Before starting any formal proceedings, please contact us at the address below. Most problems are resolved faster that way, and we will always try to.

If any provision of these terms is found to be unenforceable, the rest remains in force and the unenforceable provision is applied to the maximum extent permitted.

Our failure to enforce any provision is not a waiver of it.

You may not assign or transfer your rights under these terms. We may assign ours to a successor of our business, provided your rights are not reduced.

These terms, together with the Privacy Policy and the Refund Policy, are the entire agreement between us in relation to the service.

Questions about these terms can be sent to support@brandgeniusai.app.