Terms of Service and Privacy Policy

1. Definitions

• "Content" refers to all text, images, photos, audio, video, graphics, and other materials you upload or provide to the Service.
• "Generated Content" refers to any images, thumbnails, or other content created using our Service.
• "Subscription" refers to your paid access to the Service.
• "Usage" refers to your generation of images or use of other features within the Service.
• "Third-Party Services" refers to external services including but not limited to Replicate.com, Stripe, and Supabase.

2. Service Description and Third-Party Services

2.1 Service Overview:

Thumbnail Creator is an AI-powered thumbnail generation service that provides features including face swap capability, background removal, and advanced editing tools. The Service is offered through different subscription plans with varying features and usage limits.

2.2 Third-Party Services:

• The Service utilizes Replicate.com's infrastructure and AI models for image generation and face swap capabilities
• By using our Service, you acknowledge and agree to Replicate.com's terms of service and privacy policy
• Image generation and face swap features are dependent on the availability and functionality of Replicate.com's services
• We are not responsible for any disruptions or changes in service resulting from Replicate.com's operations
• Usage of face swap technology is subject to both our terms and Replicate.com's acceptable use policies

3. Account Registration and Eligibility

3.1 To use the Service, you must:

• Be at least 18 years old or the legal age of majority in your jurisdiction
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Accept all terms and conditions herein

3.2 Account Restrictions:

• One account per user
• Accounts are non-transferable
• You are responsible for all activity under your account
• You must notify us immediately of any security breach or unauthorized use

4. Subscription Plans and Payment Terms

4.1 Available Plans:

4.2 Payment Terms:

• All payments processed through Stripe
• Prices are in USD and exclusive of taxes
• Billing occurs on a recurring monthly basis
• You authorize us to automatically charge your payment method
• Failed payments may result in service interruption
• No refunds for partial month's service
• Price changes will be notified in advance

4.3 Usage Tracking:

• Usage resets at the beginning of each calendar month
• Unused generations do not roll over
• Exceeding usage limits requires plan upgrade
• Usage is non-transferable between accounts

5. Intellectual Property Rights

5.1 Your Content:

• You retain ownership of your original content
• You grant us a worldwide, non-exclusive, royalty-free license to use your content for service operation

5.2 Generated Content:

• You own all rights to content generated through our Service
• You are responsible for ensuring generated content doesn't infringe third-party rights
• We maintain a limited license to use generated content for service improvement

5.3 Service Rights:

• All Service elements are our exclusive property
• You may not copy, modify, or create derivative works
• Our trademarks and brand features are protected

6. Prohibited Uses

You agree not to:

• Violate any laws or regulations
• Infringe intellectual property rights
• Generate inappropriate or offensive content
• Create misleading or fraudulent content
• Attempt to reverse engineer the Service
• Bypass usage limits or security measures
• Resell or redistribute the Service
• Use automated scripts or bots
• Interfere with Service operation
• Share account access
• Upload malicious code or content
• Collect user information without consent

7. Data Storage and Security

7.1 Infrastructure:

• Images stored on Supabase
• Authentication through Supabase Auth
• Payments processed by Stripe
• AI processing through Replicate.com
• Row Level Security (RLS) implemented

7.2 Security Measures:

• Encrypted data transmission
• Secure asset URL generation
• Regular security audits
• Access controls and monitoring
• Automated threat detection

7.3 Third-Party Processing:

• Image generation and face swap processing occur on Replicate.com's infrastructure
• Temporary image storage may occur on Replicate.com's servers during processing
• We ensure secure transmission of data to and from all third-party services
• Generated images are stored on our infrastructure after processing

8. Service Level Agreement

8.1 Service Availability:

• We strive for 99.9% uptime
• Scheduled maintenance with advance notice
• No guarantee of uninterrupted service

9. Termination

9.1 Termination by User:

• Cancel subscription at any time
• Takes effect at end of billing cycle
• No partial refunds

9.2 Termination by Company:

• Immediate for Terms violation
• Non-payment results in service suspension
• Fraudulent activity triggers immediate termination
• We reserve right to terminate without cause

9.3 Effect of Termination:

• Access revoked immediately
• Generated content remains accessible for 30 days
• No refunds issued
• Surviving provisions remain in effect

10. Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, or use
• Business interruption
• Cost of substitute services
• Any damages exceeding fees paid to us
• Third-party claims

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company from any claims, damages, expenses, or costs (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your content
• Your interaction with other users

1. Information Collection

1.1 Personal Information:

• Name and email
• Payment information
• Usage data
• Device information
• IP address
• Browser type
• Login timestamps
• Images submitted for processing

1.2 Usage Information:

• Service interactions
• Feature usage
• Generation history
• Error logs
• Performance data
• Analytics data

1.3 Third-Party Data Processing:

• Images submitted for generation or face swap are processed by Replicate.com
• Processing may include temporary storage on Replicate.com's servers
• Generated images are transferred back to our infrastructure
• We maintain logs of generation requests and results

2. Information Use

2.1 Primary Uses:

• Service provision
• Account management
• Payment processing
• Technical support
• Service optimization
• Communication
• Legal compliance

2.2 Secondary Uses:

• Service improvement
• Usage analysis
• Trend identification
• Feature development
• Marketing (with consent)

3. Information Sharing

3.1 We share information with:

• Service providers (Stripe, Supabase)
• AI processing services (Replicate.com)
• Legal authorities when required
• Third parties with your consent

3.2 We do not:

• Sell personal information
• Share data for marketing
• Provide data to data brokers

4. Data Security

4.1 Security Measures:

• Encryption in transit and at rest
• Access controls
• Security monitoring
• Regular audits
• Incident response plan

4.2 Data Protection:

• Regular backups
• Disaster recovery
• Vulnerability testing
• Employee training

5. User Rights

5.1 You have the right to:

• Access your data
• Correct inaccuracies
• Request deletion
• Export data
• Restrict processing
• Withdraw consent
• File complaints

6. Data Retention

• Active accounts: Data retained while active
• Deleted accounts: Data removed within 90 days
• Backups: Retained for 30 days
• Legal requirements may extend retention

7. International Transfer

• Data may be processed internationally
• We ensure appropriate safeguards
• EU-US Privacy Shield compliance
• Standard contractual clauses used

8. Contact Information

For privacy inquiries:

Email: support@thumbnailcreator.ai

Company: THUMBNAILCREATOR

9. Changes to Privacy Policy

• Changes notified via email
• 30-day notice for material changes
• Continued use implies acceptance
• Previous versions available on request

10. Cookie Policy

• Essential cookies for service operation
• Analytics cookies with consent
• Session management cookies
• No third-party advertising cookies

11. AI Processing and Face Swap Technology

11.1 AI Processing:

• Image generation powered by Replicate.com
• Face swap technology utilizes Replicate.com's models
• Processing occurs on Replicate.com's infrastructure
• Results are transferred securely to our servers

11.2 Data Handling:

• Temporary storage during processing
• Secure transmission protocols
• No retention of source images on third-party servers
• Regular cleanup of processed data

11.3 Usage Limitations:

• Face swap feature restricted to authorized content
• Prohibited use for deepfakes or misleading content
• User responsibility for appropriate use
• Right to terminate service for misuse