Terms of Service and Privacy Policy

1.1.1 You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) to use VibePics.ai. By creating an account, you represent that you meet this minimum age requirement. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. We use Clerk as our authentication provider.

1.1.2 Notify us immediately of any unauthorized access. We reserve the right to suspend or terminate accounts at our discretion, including for violations of this Agreement.

1.1.3 Nothing in this Agreement limits your rights under applicable consumer protection laws. In the event of conflict, those statutory rights prevail.

1.2.1 You may upload reference images ("User Content") to the Service. By uploading, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, store, process, modify, and reproduce your User Content solely to provide the Service, including generating new images using our AI models.

1.2.2 You represent and warrant that:

• 1.2.2.1 You own or have all necessary rights to your User Content.
• 1.2.2.2 Your User Content does not infringe on any third-party rights, including intellectual property, privacy, or publicity rights.
• 1.2.2.3 Your User Content complies with all applicable laws and does not contain illegal, harmful, or prohibited material (e.g., child exploitation material, violent content, or copyrighted works without permission).

1.2.3 We are not responsible for your User Content and may remove it if it violates this Agreement.

1.3.1 The Service uses advanced AI models to generate images based on your uploads and prompts. You may use generated images for both personal and commercial purposes (e.g., profile pictures, marketing materials, business content). You are solely responsible for ensuring your use complies with all applicable laws and third-party platform policies.

1.3.2 We do not guarantee the accuracy, quality, or appropriateness of generated images. AI outputs may include biases, errors, or unexpected results inherent to the models. You agree not to use the Service to create misleading, deceptive, or harmful content, such as deepfakes for fraudulent purposes.

1.3.3 Downloaded images are licensed to you for personal and commercial use. You retain all rights to the generated images, but we retain rights to the underlying AI technology and processes. We provide no warranties regarding the images' suitability for any particular purpose.

1.4.1 The Service, including its software, AI integrations, branding, and content (excluding User Content), is owned by us or our licensors and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer the Service.

1.4.2 You own the generated images, subject to the licenses granted herein, but you may not claim ownership over the AI models or processes.

1.4.3 Reporting Infringements: If you believe that content created or stored on VibePics.ai infringes your intellectual property or other rights, or violates law, please notify us at contact@vibepics.ai with details. We will promptly review and remove any content found to be unlawful, and may take action against the responsible user. We comply with the Digital Millennium Copyright Act (DMCA) and other applicable laws in removing infringing material upon valid notice.

1.5.1 You agree not to:

• 1.5.1.1 Use the Service for illegal activities, including generating or distributing prohibited content.
• 1.5.1.2 Attempt to hack, disrupt, or overload the Service or its infrastructure.
• 1.5.1.3 Use automated tools to scrape or extract data.
• 1.5.1.4 Impersonate others or create misleading profiles.
• 1.5.1.5 Violate third-party rights or platform policies when using generated images.
• 1.5.1.6 Attempt to circumvent any content filtering or safety measures we have in place.

1.5.2 Prohibited Content: You may not upload, generate, or attempt to create any NSFW (Not Safe For Work) content, including but not limited to: nudity, sexually explicit images, pornography, or any sexual content involving minors. You may not use text prompts or commands to request such content. Any content depicting sexual violence, non-consensual acts, or child exploitation is strictly forbidden.

1.5.3 Enforcement: Violations of our content policy will result in immediate content removal and account termination without refund. We reserve the right to report illegal content to law enforcement authorities.

1.5.4 We may monitor usage to enforce this section and cooperate with law enforcement if needed.

1.6.1 If the Service includes paid features, payments are processed via Stripe, our payment processor. You authorize us to charge your payment method for applicable fees, including recurring subscriptions. All fees are final and non-refundable to the fullest extent permitted by law. This does not affect any right to a refund or cancellation you may have under your local consumer laws. Prices and features may change with notice.

1.6.2 If you reside in the EU/EEA or UK, you generally have a legal right to withdraw from online purchases within 14 days. By using VibePics's service immediately after purchase (e.g. by generating or downloading images), you request immediate performance and acknowledge that your right to withdraw will be lost once the service has been fully performed. If you do not begin using the service in that period, you retain your statutory cancellation right.

1.6.3 If you encounter technical problems or believe you're entitled to a refund under our policy or law, please contact support at support@vibepics.ai within 30 days. We will assess refunds on a case-by-case basis.

1.6.4 You are responsible for any taxes or fees associated with your payments.

1.7.1 We reserve the right to suspend or terminate your account if we reasonably believe you have violated this Agreement or law, or for behavior that poses a security, legal, or reputational risk to our Service. In most cases we will provide notice and an opportunity to appeal, except for serious violations.

1.7.2 Upon termination, your right to use the Service ends immediately, but your obligations (e.g., licenses granted) survive. Termination without refund applies to any unused credits or subscription term in cases of serious breach. You may terminate your account at any time by contacting us or using the account deletion feature in your settings.

1.8.1 The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including fitness for a particular purpose or non-infringement. We disclaim responsibility for third-party services (e.g., our payment processor and authentication provider) and any interruptions, errors, or data loss.

1.8.2 AI-generated content may not meet your expectations, and we are not liable for its use or misuse.

1.9.1 To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service, even if advised of the possibility. Our total liability shall not exceed the amount you paid us in the preceding 12 months.

1.9.2 This limitation applies to claims related to User Content, generated images, or third-party integrations.

1.10.1 You agree to indemnify and hold us harmless from any claims, losses, or damages arising from your use of the Service, your User Content, or violations of this Agreement.

1.11.1 This Agreement is governed by the laws of Texas, USA, without regard to conflict of laws principles. Any disputes shall be resolved through binding arbitration in Texas, administered by [e.g., AAA], rather than in court, except for small claims or injunctive relief.

1.11.2 For users in the EU or other regions, this does not affect your statutory rights under applicable consumer protection laws.

1.12.1 If any provision is unenforceable, the remainder remains in effect. This Agreement constitutes the entire understanding between us. Waivers must be in writing. We may assign this Agreement; you may not without our consent.

2.1.1 VibePics ("we," "our," or "us") respects your privacy and is committed to protecting your personal data. This Privacy Policy explains how we collect, use, store, and share your information when you use our website, mobile app, and related services (collectively, the "Service").

2.2.1 We collect the following types of information:

• 2.3.1 Provide and improve the Service.
• 2.3.2 Process payments and manage subscriptions.
• 2.3.3 Perform image transformations (e.g., upscaling).
• 2.3.4 Ensure security and prevent fraud.
• 2.3.5 Comply with legal obligations.

2.4.1 We process personal data (a) as necessary to perform our contract with you (providing the service, processing payments, customer support), (b) with your consent (for using your photos to generate images – by uploading, you consent to this processing, which you can withdraw by deleting your images or account), and (c) for our legitimate interests (to prevent fraud, secure our platform, and improve our services) except where overridden by your rights. We rely on consent or legal obligation where required by law (for example, sending marketing communications or handling sensitive data).

• 2.5.1 Images are stored securely in our cloud storage infrastructure (US region by default).
• 2.5.2 For image processing, we generate short-lived signed URLs so a processing provider can fetch the image, transform it, and return the result.
• 2.5.3 We instruct providers to delete transient copies promptly after completion.
• 2.5.4 We do not permit providers to use your images for AI training.

2.6.1 Your privacy is important to us, and we want to be transparent about how your uploaded photos are used:

• 2.6.1.1 Personalized Results: Photos you upload are analyzed to generate personalized AI images tailored specifically for you.
• 2.6.1.2 Identity Consistency: Reference photos help maintain consistent facial features and identity across all generated images, ensuring the results look like you.
• 2.6.1.3 No Third-Party Sharing: Your photos and data are never shared with third parties for their use, sold to data brokers, or used for marketing purposes outside of our Service.
• 2.6.1.4 No Cross-User Training: We do not use your photos to train AI models that generate images for other users. Your data improves only your own experience.
• 2.6.1.5 User Control: You can delete your photos at any time through your account settings. Upon deletion, we remove them from our active systems and instruct our processors to delete any copies.

2.6.2 In summary: Your photos are used exclusively to create better results for you—not to train models for others or to be shared with third parties.

2.6.3 Biometric Data Processing: By uploading photos, you acknowledge and agree that we will process those images, which may include biometric or sensitive personal data, for the purpose of providing the AI image generation Service. We do not use these images for any other purpose without your consent.

2.7.1 We use trusted service providers for hosting, storage, authentication, payments, and image processing. A detailed list of subprocessors is maintained internally and is available upon request for compliance purposes. All providers are contractually required to maintain confidentiality and security.

2.8.1 We are a US-based company. Where applicable, we rely on recognized legal mechanisms (such as Standard Contractual Clauses or Data Privacy Framework participation) for international transfers.

• 2.9.1 Active Account Data: We keep your account information, profile data, and images while your account is active or until you delete them.
• 2.9.2 Deleted Images: When you delete an image through the Library page, we remove it from our active systems and queue it for permanent deletion from storage within 24-48 hours.
• 2.9.3 Account Deletion: When you delete your account (see section 2.10.3), we immediately remove your profile and personal data from our database. All associated images are queued for permanent deletion from storage within 24-48 hours.
• 2.9.4 Backups and Logs: Some anonymized logs and backups may persist for up to 90 days for security, fraud prevention, and system reliability, after which they are purged.
• 2.9.5 Legal Retention: We may retain certain data longer if required by law (e.g., financial records for tax purposes) or to resolve disputes.

2.10.1 Depending on your location, you have the following rights under GDPR, CCPA, and similar privacy laws:

2.10.2 Exercising Your Rights: To exercise any of these rights, you can:

• Use the self-service features in your Account Settings (recommended)
• Contact us at privacy@vibepics.ai

2.10.3 Response Time: We will respond to verified requests within 30 days (45 days for complex requests). We may ask for additional information to verify your identity before processing requests.

2.10.4 No Discrimination: We will not discriminate against you for exercising your privacy rights.

• 2.11.1 Essential Cookies: Required for authentication and core functionality.
• 2.11.2 Analytics Cookies: Used to improve performance; you can opt out via browser settings.
• 2.11.3 Third-Party Cookies: May be set by payment or analytics providers.

2.12.1 We implement industry-standard measures, including encryption in transit and at rest, access controls, and regular audits.

2.13.1 Our Service is not directed to any individuals under 18. We do not knowingly collect data from children.

2.14.1 We may update this Privacy Policy from time to time. The latest version will always be posted on our website.