Terms of Service

Last updated: January 28, 2025

1. Introduction

Welcome to ThumbFlow AI. By accessing or using our AI-powered thumbnail generation service at thumbflow.io ("the Service"), you agree to be bound by these Terms of Service ("Terms"). Please read these Terms carefully before using the Service.

If you do not agree to these Terms, you may not access or use our Service.

2. Service Description

ThumbFlow AI is an AI-powered platform that provides:

  • Text-to-image generation for YouTube thumbnails
  • Image-to-image transformation and editing
  • AI-powered face swap functionality
  • Smart editing and prompt optimization
  • Personal gallery and content management

Our Service utilizes advanced AI models from various third-party providers to deliver these features.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 13 years old to use our Service. Users under 18 years old may only access free features and may not purchase subscriptions or credits without verifiable consent of a parent or legal guardian. We reserve the right to request age verification at any time.

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 notify us immediately of any unauthorized use of your account.

3.3 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.4 Identity Verification (KYC)

To comply with payment processor and regulatory requirements, we may require you to submit additional identity verification documents ("Know Your Customer" information). Failure to provide accurate KYC information within the specified time may result in suspension or termination of your account.

4. Subscription and Payment

4.1 Subscription Plans

We offer the following subscription plans:

  • Free: 20 credits upon registration (with watermark)
  • Creator ($19/month): 100 credits/month, no watermark
  • Professional ($39/month): 240 credits/month, priority queue
  • Business ($79/month): 560 credits/month, highest priority, dedicated support

4.2 Payment Processing

Payments are processed by Creem. By subscribing, you agree to Creem's terms of service and authorize recurring charges to your payment method.

4.3 Refunds

If a paid feature fails to deliver due to a technical fault attributable to us, you may request a refund within 7 days of the incident. We will investigate and, at our sole discretion, issue a partial or full refund within 10 business days. Otherwise, subscription fees and credit purchases are non-refundable. You may cancel your subscription at any time and the cancellation will take effect at the end of your current billing period.

4.4 Credit System

All AI features consume credits as follows:

  • Text-to-image generation: 5 credits
  • Image transformation: 5 credits
  • Smart editing: 5 credits
  • Face swap: 5 credits
  • Prompt optimization: Free

4.5 Chargebacks & Payment Disputes

Initiating a chargeback without first contacting our support team to resolve the issue is a violation of these Terms. Accounts associated with chargebacks will be automatically frozen while we investigate. If the dispute is resolved in our favor, you agree to reimburse all fees and costs associated with the chargeback and to restore any outstanding payments.

5. User Obligations and Prohibited Uses

5.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms.

5.2 Prohibited Content

You may not create, upload, or generate content that:

  • Is illegal, harmful, threatening, abusive, or offensive
  • Violates intellectual property rights of others
  • Contains nudity, sexual content, or pornographic material (NSFW)
  • Promotes violence, discrimination, or hatred
  • Impersonates others without consent
  • Contains malware or harmful code
  • Violates privacy rights of individuals
  • Creates deepfakes or manipulated media intended to deceive
  • Uses images of minors (under 18) for face swapping or manipulation
  • Creates content for harassment, blackmail, or revenge purposes

5.3 Face Swap Specific Requirements

⚠️ CRITICAL LEGAL REQUIREMENT:

By using our face swap functionality, you explicitly acknowledge and agree that:

  • You have explicit consent from ALL individuals whose faces appear in uploaded images
  • You will not use face swap to create content that could harm, defame, or misrepresent any person
  • You understand that creating non-consensual intimate imagery is illegal in many jurisdictions
  • You are solely responsible for any legal consequences arising from your use of generated content
  • You will clearly label AI-generated content when sharing publicly

5.4 Prohibited Activities

You may not:

  • Reverse engineer or attempt to extract source code
  • Use our outputs to train competing AI models
  • Circumvent usage limits or security measures
  • Share account credentials with others
  • Use automated tools to access the Service
  • Interfere with the Service's operation

6. Intellectual Property Rights

6.1 Your Content

You retain ownership of content you upload to our Service. By uploading content, you grant us a global, non-exclusive, royalty-free license to use, process, store, display, reproduce, and transmit your content solely for the purpose of operating and improving the Service, including model inference, caching, backups, debugging and customer support. You confirm that you have all necessary rights to grant this license and that your content does not infringe any third-party rights.

6.2 Generated Content

You own the rights to content generated using our Service, subject to:

  • Your compliance with these Terms
  • Third-party rights in any input content
  • Applicable laws and regulations

You acknowledge that AI-generated outputs are not exclusive to you; similar or identical outputs may be generated for other users.

6.3 Our Rights

The Service, including its design, functionality, and underlying technology, is owned by ThumbFlow AI and protected by intellectual property laws.

6.4 Copyright Infringement (DMCA)

If you believe that any content available through the Service infringes your copyright, please send a notice tocontact@thumbflow.io with the following information: (i) your contact details, (ii) a description of the copyrighted work, (iii) the URL or other identifying location of the allegedly infringing content, and (iv) a statement under penalty of perjury that you are the copyright owner or authorized to act on behalf of the owner. We will respond within 72 hours and, where appropriate, remove or disable access to the content.

7. Third-Party AI Services

Our Service integrates with various third-party AI providers. Your use of our Service is subject to the terms and policies of these providers, which we will make available upon request.

We maintain contractual relationships with all AI service providers and ensure they meet appropriate standards for data protection and service quality. We are not responsible for the availability, content, or practices of these third-party services beyond our contractual obligations.

8. Content Moderation

We reserve the right to review, monitor, and remove content that violates these Terms. We may suspend or terminate accounts that repeatedly violate our content policies.

We use automated systems and human review to detect and prevent prohibited content. However, we cannot guarantee that all inappropriate content will be detected.

9. Service Availability and Modifications

We strive to maintain high service availability but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice.

We target 99.8% uptime but are not liable for service interruptions due to maintenance, third-party service issues, or circumstances beyond our control.

10. Limitation of Liability

The Service is provided "as is" without warranties of any kind. To the maximum extent permitted by law, we disclaim all warranties, express or implied.

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

Our total liability to you for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless ThumbFlow AI from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.

12. Termination

You may terminate your account at any time through your account settings. We may terminate or suspend your account immediately for violations of these Terms.

Upon termination, your access to the Service will cease, and we may delete your account data in accordance with our data retention policy.

13. Governing Law and Disputes

These Terms are governed by the laws of Delaware, United States without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with Delaware state law.

14. Changes to Terms

We may modify these Terms at any time by posting the updated Terms on our website. Material changes will be communicated via email or prominent notice on the Service.

Continued use of the Service after changes constitutes acceptance of the new Terms.

15. Contact Information

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

Business Name: ThumbFlow AI (Sole Proprietorship)

Email: contact@thumbflow.io

Website: thumbflow.io

Business Address: Available upon request for legal purposes

16. AI-Generated Content Disclaimer

Important Notice:

AI-generated content may not be accurate, complete, or suitable for all purposes. You are responsible for reviewing and verifying all AI outputs before use, especially for commercial or professional applications. ThumbFlow AI makes no warranties about the accuracy, reliability, or appropriateness of AI-generated content.

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