Terms of Service

These Terms of Service ("Terms") constitute a binding legal agreement between CreateThumbnail, the operator of the CreateThumbnail platform ("CreateThumbnail," "the Company," "we," or "us"), and any person or entity that accesses or uses our website, applications, APIs, or related services (collectively, the "Service").

CreateThumbnail is an AI-powered software platform that helps users create, edit, analyze, optimize, and manage thumbnails and related creative assets for YouTube, social media, and digital publishing.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1Eligibility and Account Registration

You may only use the Service if you have the legal capacity to enter into a binding agreement under applicable law.

By creating an account, you represent and warrant that:

• —The information you provide is accurate and complete;
• —You will maintain the confidentiality of your login credentials;
• —You are responsible for all activity that occurs under your account;
• —You will not create accounts using bots, scripts, or other automated means without our prior written consent.

You must notify us immediately if you suspect any unauthorized access to your account.

2The Service

CreateThumbnail provides tools that may include, depending on your plan or feature access level:

• —AI-powered thumbnail generation;
• —Thumbnail editing and variation creation;
• —Thumbnail scoring and performance analysis;
• —Character- or face-based creative asset generation, where available;
• —Prompt-driven creative workflows;
• —Credit-based usage for certain actions;
• —Integrations, APIs, and other software features.

We may update, modify, suspend, or discontinue any part of the Service at any time, with or without notice.

3Subscriptions, Billing, Credits, and Top-Ups

Certain parts of the Service require a paid subscription or one-time purchase.

By purchasing a subscription or credits, you agree that:

• —Fees are charged in advance on a recurring or one-time basis, as applicable;
• —You authorize us and our payment providers to charge your selected payment method;
• —Subscription pricing, included credits, limits, renewal periods, and feature access are as described on the pricing or checkout page at the time of purchase;
• —Credits have no cash value, are non-transferable, and cannot be redeemed for cash;
• —Unused credits may expire or reset according to your active plan, checkout selection, or pricing terms;
• —Access to subscription features may end immediately or at the end of the billing cycle upon cancellation, depending on the plan terms displayed at the time of payment.

You are responsible for all taxes, duties, and similar charges imposed under applicable law.

4No-Refund Policy

Except where applicable law requires otherwise, all purchases are final and non-refundable, including:

• —Subscriptions;
• —Renewals;
• —Add-on features;
• —One-time credit purchases;
• —Top-up purchases.

You may cancel a recurring subscription at any time through your billing portal. Cancellation prevents future renewals but does not retroactively refund fees already paid.

If you initiate a payment dispute or chargeback without valid legal basis, we may suspend or terminate your account, revoke access to the Service, and forfeit remaining credits to the extent permitted by law.

5User Content

"User Content" means any prompts, text, instructions, uploaded images, reference images, brand assets, logos, designs, metadata, account data, or other materials you submit to the Service.

You retain ownership of your User Content.

You grant CreateThumbnail a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, process, adapt, display, and transmit your User Content, solely to the extent necessary to:

• —Operate and deliver the Service;
• —Generate the outputs you request;
• —Maintain platform security;
• —Prevent abuse, fraud, or violations of these Terms;
• —Support backups, debugging, analytics, and internal administration.

CreateThumbnail does not acquire ownership of your User Content under this license.

6AI Outputs

Subject to your compliance with these Terms and applicable law, you own the final outputs generated for you through the Service to the extent such ownership can be legally established.

However:

• —AI-generated outputs may not be unique;
• —Similar or identical outputs may be generated for other users;
• —We do not guarantee exclusivity, originality, registrability, or non-infringement of any outputs;
• —You are solely responsible for reviewing outputs before publishing, distributing, licensing, advertising, or otherwise using them.

You must independently verify that your use of any outputs complies with applicable copyright, trademark, privacy, publicity, advertising, platform, and other laws.

7Rights You Must Own

You represent and warrant that, for all User Content you submit and all uses you make of the Service:

• —You own the content or hold all necessary rights, licenses, permissions, and consents;
• —You have consent from any identifiable person whose image, likeness, voice, or persona you upload or create;
• —Your use of the Service and its outputs will not violate any law or the rights of any third party.

This includes rights related to:

• —Copyright;
• —Trademarks;
• —Privacy;
• —Publicity and right of likeness;
• —Identity and likeness;
• —Confidential information;
• —Commercial use restrictions;
• —Platform-specific advertising rules.

8Prohibited Uses

You may not use the Service to:

• —Violate any law or regulation;
• —Infringe upon copyrights, trademarks, privacy, publicity rights, or any other third-party rights;
• —Upload or create misleading impersonations, non-consensual images, or unlawful deepfakes;
• —Create defamatory, fraudulent, misleading, or harmful content;
• —Create or distribute illegal, abusive, hateful, discriminatory, exploitative, or sexually explicit content in violation of applicable law or platform policies;
• —Create or distribute malware, phishing tools, scams, or deceptive advertising materials;
• —Scrape, copy, mine, reverse-engineer, or harvest Service data without authorization;
• —Probe or test the vulnerability of the Service;
• —Circumvent usage limits, account restrictions, paywalls, or technical safeguards;
• —Reverse-engineer, decompile, disassemble, or extract source code, models, prompts, or underlying systems, except where prohibited by law;
• —Use automated means to access the Service in an unauthorized manner;
• —Interfere with the stability, security, or performance of the Service;
• —Use the Service to build or train a competing product based on our outputs, workflows, interfaces, or system behavior in violation of applicable law.

We reserve the right to determine, in our sole discretion, whether any conduct constitutes a violation of these Terms.

9Third-Party Services and Assets

The Service may rely on third-party providers, including hosting providers, AI infrastructure providers, analytics providers, payment processors, partner tools, and integrations.

The Service may also allow you to upload or use third-party assets, including fonts, logos, photographs, illustrations, and branded materials.

You are solely responsible for ensuring you hold the appropriate rights to use any third-party assets you upload, import, or incorporate into your work.

We are not liable for the availability, accuracy, legality, or performance of any third-party services or assets.

10Feedback and Suggestions

If you provide ideas, suggestions, recommendations, comments, or other feedback related to the Service ("Feedback"), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use, copy, modify, and incorporate such Feedback into our products and services without any compensation or obligation to you.

11Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, process, and protect your information.

By using the Service, you acknowledge that your information may be processed in accordance with the Privacy Policy.

12Monitoring and Enforcement

We may monitor use of the Service for security, fraud prevention, abuse prevention, legal compliance, and enforcement of these Terms.

We may, in our sole discretion and without liability to you:

• —Investigate suspected violations;
• —Remove or restrict access to content;
• —Suspend usage;
• —Restrict credits or feature access;
• —Block IP addresses or devices;
• —Suspend or terminate accounts;
• —Cooperate with law enforcement or regulatory authorities as required.

13Suspension and Termination

We may suspend or terminate your account or access to the Service at any time, with or without notice, if:

• —You violate these Terms;
• —Payment fails or remains outstanding;
• —We suspect fraud, abuse, or unlawful activity;
• —Your use creates legal, operational, or security risks;
• —We are required to do so by law or by a third-party service provider;
• —We discontinue the Service or a related feature.

Upon suspension or termination:

• —Your access to the Service may cease immediately;
• —Unused credits may be forfeited to the extent permitted by law and the pricing terms applicable to your plan;
• —We may delete or disable access to your content after a commercially reasonable retention period, or as required for legal compliance, security, or dispute resolution.

14Availability, Beta Features, and Changes

The Service is provided on a continuously evolving basis. Some features may be designated as alpha, beta, or similar.

We do not guarantee that the Service will be uninterrupted, error-free, secure, or always available.

We may change features, workflows, model providers, limits, plans, pricing, credit rules, and product architecture at any time.

15Disclaimers

The Service is provided "as is" and "as available."

To the maximum extent permitted by law, CreateThumbnail disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, or results.

We do not warrant that:

• —The Service will meet your requirements;
• —Outputs will be accurate, unique, legal, or suitable for commercial use;
• —The Service will be uninterrupted, timely, or error-free;
• —Defects will be corrected;
• —The Service or servers will be free of harmful components.

16Limitation of Liability

To the maximum extent permitted by law, CreateThumbnail and its officers, directors, employees, contractors, affiliates, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, reputation, business opportunities, or business interruption, arising out of or related to the Service or these Terms.

To the maximum extent permitted by law, our total cumulative liability for all claims arising out of or related to the Service or these Terms shall not exceed the greater of:

• —The amount you paid us for the Service during the twelve (12) months preceding the event giving rise to the claim; or
• —One hundred US dollars (USD $100).

Some jurisdictions do not permit certain limitations, so parts of this section may not apply to you.

17Indemnification

You agree to defend, indemnify, and hold harmless CreateThumbnail and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against any claims, liabilities, damages, judgments, losses, costs, expenses, or fees, including reasonable attorneys' fees, arising out of or related to:

• —Your User Content;
• —Your use of the Service;
• —Your outputs or their publication or commercial exploitation;
• —Your violation of these Terms;
• —Your violation of any law or the rights of any third party.

18Intellectual Property in the Service

Except for your User Content and your rights in outputs as set forth in these Terms, all rights, title, and interest in and to the Service, including software, interfaces, branding, trademarks, logos, workflows, design, features, and documentation, are owned by CreateThumbnail or its licensors.

Nothing in these Terms transfers any ownership rights in the Service to you.

You may not use our name, trademarks, branding, or logos without our prior written permission.

19Copyright and Other Rights Complaints

If you believe any content available through the Service infringes your copyright or other rights, you may send a notice to:

legal@CreateThumbnail.com

Please include sufficient detail to allow us to review the claim.

We may remove or disable access to allegedly infringing content and may terminate the accounts of repeat infringers where appropriate.

20Electronic Communications

You agree to receive notices, disclosures, invoices, updates, and other communications from us electronically, including via email, dashboard notifications, or in-service postings.

You agree that these electronic communications satisfy any legal requirement that communications be in writing.

21Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to them or the Service shall be governed by the laws of [State/Country], without regard to conflict of law principles.

Any dispute, claim, or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the courts located in [Jurisdiction], and each party consents to the personal jurisdiction and venue of those courts, except where mandatory consumer law provides otherwise.

22Amendments to These Terms

We may update these Terms from time to time.

If we make material changes, we may provide notice via email, dashboard, or by updating the "Last updated" date above.

Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the updated Terms.

23Miscellaneous

These Terms, together with the Privacy Policy and any additional plan-specific or feature-specific terms presented to you, constitute the entire agreement between you and CreateThumbnail with respect to the Service.

If any provision of these Terms is found to be void or unenforceable, the remaining provisions shall remain in full force and effect.

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

You may not assign or transfer these Terms without our prior written consent. We may transfer these Terms in connection with a merger, acquisition, corporate reorganization, or asset sale.

24Contact

For legal notices, billing inquiries, or support requests, please contact:

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