Terms of Service

Last Updated: January 2025

Introduction and Acceptance of Terms

Welcome to GemPix2 AI, an advanced artificial intelligence image generation platform that empowers users to create stunning visual content through cutting-edge AI technology. By accessing or using our service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any of these terms, please do not use our service.

Service Description

GemPix2 AI provides users with:

• AI Image Generation: Text-to-image and image-to-image creation capabilities using our proprietary GemPix2 AI model
• Multi-Model Access: Access to various AI models and creative tools
• Cloud Storage: Secure storage for your generated images according to your subscription plan
• Credit-Based Usage System: Flexible consumption model based on credits
• Commercial Licensing: Full commercial rights for paid subscribers

User Accounts and Registration

1. Account Creation

• You must provide accurate, complete, and current information during registration
• You must be at least 13 years old to create an account
• One account per person; multiple accounts are prohibited

2. Account Security

• You are solely responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use or security breach

3. Account Verification

• We may require email verification or additional verification steps
• We reserve the right to suspend accounts pending verification

Subscription Plans and Credit System

Subscription Tiers

1. Free Plan: 10 credits with watermarked images and 7-day history storage
2. Lite Plan: 600 credits monthly with full commercial rights
3. Pro Plan: Starting at 1300+ credits monthly with advanced features and dynamic pricing
4. Pro Annual: Special 4-credit pricing for all models with enhanced benefits

Credit System

• Monthly Allocation: All subscription tiers receive credits on a monthly basis
• Credit Expiration: Credits expire monthly regardless of subscription type
• Annual Subscribers: Receive monthly credit refreshes, not bulk annual credits
• Usage: Credits are consumed based on the complexity and type of generation requested
• Pro Annual Special: All AI models and tools cost only 4 credits per generation

Billing and Payment

• Subscription fees are billed in advance on a monthly or annual basis
• Dynamic pricing allows Pro plan customization based on credit needs
• All payments are processed securely through Stripe
• Price changes will be communicated 30 days in advance

Content and Intellectual Property

Your Content

• Input Content: You retain ownership of text prompts and input images you provide
• Generated Content: You own the generated images created through our service, subject to these Terms

Commercial Rights

• Free Users: Generated images include watermarks and are for personal use only
• Paid Subscribers: Full commercial rights to generated images without watermarks
• Usage Rights: Paid subscribers may use generated images for:
  • Commercial projects and products
  • Marketing and advertising materials
  • Educational and editorial content
  • Personal and professional portfolios

Platform Rights

• GemPix2 AI Technology: We retain all rights to our AI models, algorithms, and platform technology
• Service Improvement: We may use anonymized usage data to improve our AI models and services
• Platform Content: All platform interface elements, documentation, and branding remain our property

Content Restrictions

You may not use our service to generate content that:

• Violates any laws or regulations
• Infringes on third-party intellectual property rights
• Contains hateful, discriminatory, or harmful material
• Depicts illegal activities or violence
• Violates platform community guidelines

Prohibited Activities

You agree not to:

• Reverse Engineer: Attempt to reverse engineer or extract our AI models
• Abuse Credits: Exploit the credit system or attempt to circumvent usage limitations
• Share Accounts: Allow others to use your account or share login credentials
• Automated Access: Use bots, scrapers, or automated tools without permission
• Resell Services: Resell or redistribute our services without authorization
• Circumvent Security: Bypass or disable any security features of the platform

Data Usage and Privacy

Data Collection

We collect and process data as described in our Privacy Policy, including:

• Account information and subscription details
• Generation prompts and created content
• Usage patterns and platform interactions
• Payment and billing information

Data Use

• Service Provision: To provide AI generation services and account management
• Model Improvement: To enhance our AI models and platform capabilities
• Support: To provide customer service and technical assistance

Data Retention

• Generated Images: Stored according to your subscription plan
• Account Data: Retained while your account is active
• Legal Compliance: Some data retained for legal and regulatory requirements

Service Availability and Performance

Service Levels

• We strive to maintain high service availability but do not guarantee uninterrupted access
• Generation times may vary based on system load and complexity
• We reserve the right to implement fair usage policies

Maintenance and Updates

• We may perform scheduled maintenance with advance notice when possible
• Platform updates and improvements may be deployed without notice
• New features may be introduced or modified over time

Refund Policy

Please refer to our separate Refund Policy for detailed information about refunds and cancellations. Key points include:

• Refunds available within 7 days of payment if fewer than 3 generations completed
• Refunds processed only if refund conditions are met
• No refunds for partial month usage

Limitation of Liability

Service Provision

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES REGARDING:

• The accuracy, reliability, or quality of generated content
• Uninterrupted or error-free service operation
• The suitability of generated content for specific purposes

Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, NANO BANANA AI SHALL NOT BE LIABLE FOR:

• Any direct, indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Damages exceeding the amount paid for services in the 12 months prior to the claim

Indemnification

You agree to indemnify and hold harmless GemPix2 AI, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the service or generated content
• Violation of these Terms or applicable laws
• Infringement of third-party rights through your use of the service

Termination

By You

• You may cancel your subscription at any time through your account settings
• Account deletion will remove your data according to our Privacy Policy

By Us

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms of Service
• Fraudulent or illegal activity
• Abuse of the service or other users
• Non-payment of subscription fees

Effect of Termination

Upon termination:

• Your access to paid features will cease immediately
• Generated content may be deleted according to your subscription plan
• Outstanding payments remain due

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be:

• Posted on our website with an updated "Last Updated" date
• Communicated via email for material changes
• Effective immediately upon posting unless otherwise specified

Your continued use of the service after changes constitutes acceptance of the modified Terms.

Governing Law and Disputes

These Terms are governed by the laws of the jurisdiction in which GemPix2 AI operates. Any disputes will be resolved through:

• Good faith negotiation first
• Binding arbitration if negotiation fails
• Courts of competent jurisdiction for matters not subject to arbitration

Contact Information

For questions about these Terms of Service, please contact us at:

Support: [email protected]

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By using GemPix2 AI, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for being part of our creative community!