Welcome to Image Smith (the "Site", "Service", "we", "us" or "our"). These Terms of Use (the "Terms") form a legally binding contract between you ("you" or the "User") and us. By accessing, browsing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by all applicable laws and regulations. If you do not agree, you must not use the Service.
1. Service Description
The Service enables Users to upload images of people and, via proprietary artificial-intelligence ("AI") models, generate short video clips or similar media based on those uploads (the "AI-Generated Content").
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction, whichever is higher) and have the legal capacity to enter into these Terms.
You affirm that you are the person depicted in every image you upload, or you have obtained explicit consent from the person depicted; you must not upload content depicting any other individual for AI processing without that person's explicit consent.
3. User Accounts and Security
You may need to create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
You must promptly notify us of any unauthorized use of your account.
4. User Content
"User Content" means all images, videos, data, text, audio, or other material that you upload, transmit or otherwise make available through the Service.
4.1 Your Representations
By uploading User Content you represent and warrant that:
you are the sole subject depicted in the image(s) or have explicit consent from the person depicted, and you own or otherwise control all rights necessary to submit the User Content;
the User Content does not infringe, misappropriate or violate any intellectual-property, privacy, publicity or other proprietary rights; and
the User Content complies with Section 4.3 (Prohibited Content).
4.2 Licence to Us
You grant us a limited, non-exclusive, royalty-free licence to host, store, reproduce, modify, adapt, create derivative works (including AI-Generated Content) and otherwise use the User Content solely for the purpose of operating and providing the Service to you.
Important: We never share your User Content (uploaded images) or AI-Generated Content with any third parties. Your content remains private and is only processed by our systems to provide the Service.
4.3 Prohibited Content
You agree that you will not upload, generate or distribute via the Service any content that:
depicts minors (anyone under 18) in any context;
depicts any person other than yourself without that person's explicit, verifiable consent;
promotes violence, terrorism, self-harm or hate;
is unlawful, defamatory, fraudulent or otherwise objectionable;
infringes any third-party rights; or
violates any applicable law or regulation.
NSFW Content: Sexually explicit content featuring yourself or consenting adults, created from your own uploaded images, is permitted provided it complies with the above restrictions and all applicable laws. You remain fully responsible for such content, including any sharing or publication.
5. AI-Generated Content
AI-Generated Content is created algorithmically and may contain artifacts, inaccuracies or distortions. We do not guarantee that AI-Generated Content will be accurate, realistic, or fit for any particular purpose.
You acknowledge that AI-Generated Content may unintentionally produce sensitive or offensive material; you assume all risk arising from its use or publication.
Subject to your compliance with these Terms and the payment of any applicable fees, we assign to you all of our right, title and interest in and to the AI-Generated Content we specifically create for you, excluding any underlying software or models.
Your Responsibility: You are solely responsible for all AI-Generated Content created from your uploads, including any sharing, publication or other use. You must ensure that such content complies with all applicable laws, regulations and these Terms.
6. Intellectual-Property Rights
All intellectual-property rights in the Site, underlying models, software, trademarks and logos are and shall remain our exclusive property or that of our licensors.
Nothing in these Terms grants you any right to use our trademarks or service marks without prior written consent.
7. Fees and Payment
If the Service offers paid tiers, credits or subscriptions, you agree to pay all fees in accordance with the pricing and billing terms posted on the Site. Fees are non-refundable except as required by law or expressly stated otherwise.
7.1 Refunds Policy
We do not provide refunds under any circumstances, including but not limited to:
Purchased credits, regardless of whether they have been used or not;
Subscription fees or any other payments made to the Service;
Credits consumed for AI-Generated Content, regardless of your satisfaction with the results, technical issues, or any other reason.
Once credits are used to generate content, they are considered consumed and will not be restored or refunded. You acknowledge that AI-Generated Content may vary in quality and that the consumption of credits is final upon generation.
8. DMCA / Copyright Complaints
We respect intellectual-property rights and respond to notices of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA"). For takedown requests please email [email protected] with the required information.
9. Disclaimers
THE SERVICE AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF PROFITS, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE.
11. Indemnification
You agree to indemnify, defend and hold harmless the Site and its affiliates, officers, directors, employees and agents from any claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising from:
your User Content;
your use of the Service;
your breach of these Terms; or
your violation of any law or third-party rights.
12. Termination
We may suspend or terminate your access to the Service at any time, with or without notice, for conduct that we believe violates these Terms or is harmful to other Users, us or third parties. Sections 4–14 shall survive any termination.
13. Modifications
We may revise these Terms from time to time. Material changes will be posted on this page and, where appropriate, notified to you by email. By continuing to use the Service after changes take effect, you accept the revised Terms.
14. Governing Law and Dispute Resolution
These Terms are governed by applicable laws. Any dispute arising out of or relating to these Terms shall be resolved through good-faith negotiations.