Terms & Conditions

Terms and Conditions for AI Image Generation Services

Last updated: Sep 30, 2025

These Terms and Conditions (“Terms”) is a legal agreement between you and [Giftimage] (“Website Owner”), the owner and developer of [Name of Website] (the “Site”), which offers personalized book creation services using generative AI (the “Services”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to the Terms, do not use the Services. These Terms may be modified at any time by Website Owner, and such modifications shall be effective immediately upon posting unless some other date is expressly stated. You can view the most recent version of these Terms at any time at [website address].

1.     Use of Services

a.     Website Owner grants you a limited, revocable, nonexclusive license to use this Site and the Services within. The Services may be used solely for lawful business, personal, and commercial purposes.

b.     The Services generate images trained exclusively on licensed creative content, including Getty Images’ creative library and proprietary datasets.

c.     You agree not to use the Services for unlawful, defamatory, harmful, or discriminatory purposes, or in violation of applicable laws and regulations.

2.     Customer License

a.     Website Owner grants you a non-exclusive, non-transferable license to use the content created by our Services for any lawful purpose, including publishing, printing, distributing, and promoting your own books.

b.     You are not required to provide attribution or compensation to Website Ownez for such lawful uses.

3.     Service Promotion

a.     We reserve the right to use generations created by our application for promotional purposes, including marketing materials, social media posts, and website content.

b.     We are not obligated to provide attribution or compensation to you for such promotional uses.

4.     Book Creation Time

a.     Creation time depends on the number of illustrations, pages, and system usage.

b.     95% of books are generated within five (5) minutes, but times are not guaranteed.

c.     No refunds are provided if books are created within one (1) hour.

5.     Intellectual Property

a.     The extent of intellectual property (IP) protection applicable to AI-generated content is complex and may vary depending on the circumstances of creation, ownership, and use.

b.     You are responsible for determining whether any IP rights apply to the generated content and for obtaining any necessary permissions or licenses. (Example: If you use the Services to create a book containing a copyrighted character, you must obtain permission from the copyright owner before using it commercially.)

6.     Intellectual Property (Platform & Content)

a.     All intellectual property rights relating to the Website, software, texts, images (except Your uploads), AI models, and algorithms belong to [Company Name] or its licensors.

b.     After full payment, You obtain a non-exclusive, non-transferable license to use the personalized Product (Digital E-book and/or Physical Book) for personal, non-commercial purposes.

c.     You may not reproduce, publicly share, sell, or commercially exploit the Product without prior written consent from Website Owner.

7.     Quality and AI-Generated Content

a.     You acknowledge that Products are created using generative AI. While we strive for the highest quality, AI outputs may contain unexpected or imperfect results.

b.     Minor deviations, stylistic differences, or illustrations not exactly matching uploaded photos are not considered defects.

c.     You may edit their Digital E-book within their account (e.g., adjust text, regenerate illustrations) during the period uploaded photos are available (see Privacy Policy). This editing option is the primary way to customize content before ordering a Physical Book.

8.     Usage Rights of Photos and Content by You

a.     By uploading photos and providing personalization data, You guarantee You have all necessary rights (copyrights, portrait rights, etc.) to use these materials.

b.     You are responsible for ensuring their content is lawful and does not infringe third-party rights.

c.     YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD WEBSITE OWNER, OUR PARTNERS, EMPLOYEES, AND AFFILIATES HARMLESS FROM ANY LIABLITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS.

9.     Content Guidelines

a.     You may not upload or provide content that is illegal, threatening, defamatory, obscene, pornographic, hateful, violent, or otherwise inappropriate.

b.     Content must not infringe intellectual property, privacy rights, or other rights of third parties.

c.     Content must not contain viruses or malicious software.

d.     Website Owner reserves the right to cancel orders or remove content that violates these guidelines.

10.  Liability

a.     Website Owner’s liability is limited to direct damages and capped at the purchase price of the relevant Product.

b.     We are not liable for indirect damages, including lost profits, consequential damages, or dissatisfaction with AI’s artistic interpretation, provided the Product substantially reflects You input.

c.     These limitations do not apply in cases of gross negligence or willful misconduct by Website Owner.

11.  Disclaimer of Warranties

a.     We make no warranties or representations about the accuracy, reliability, or completeness of AI-generated content. The generations of AI images are sold as-is.

b.     You use the generations at your own risk. Except as otherwise stated in these Terms, we disclaim all liability for damages arising from use of the Services.

12.  Data Integrity & Training

a.     The AI model is trained on licensed creative data only. It does not include web-scraped or unverified public domain datasets.

b.     Your inputs and prompts are safeguarded and will not be used to retrain or enhance the AI model without your explicit consent.

13.  Service Usage Limitations

a.     API Access: Our services do not provide API access.

b.     Application Creation: Subscribers may not develop applications or software that replicate or resemble our Services.

c.     Automated Processing: Bots, scripts, or automated interactions with the platform are prohibited.

d.     Web App Usage: Subscriptions only grant access to our web application.

14.  Termination

a.     Website Owner may suspend or terminate your access if you breach these Terms.

b.     Rights to previously generated content remain valid if you continue complying with these Terms.

15.  Governing Law

a.     These Terms and any disputes arising from Your use of the Services are governed by the laws of the state of Oregon without regard to conflicts of laws provisions.

16.  Contact Information

a.     For questions regarding these Terms, please contact us at:
 [Giftimage.com]