Terms of Service | Advertflair AI

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you (either an individual or an entity, "you" or "User") and Advertflair LLC ("Company," "we," "us," or "our") concerning your access to and use of the advertflair.ai website and the AI-powered product photography platform (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

Important: These Terms include an arbitration clause and class action waiver that affect your legal rights. Please review Section 15 carefully.

2. Account Registration and Eligibility

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

2.2 Account Security

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized access or security breach
Ensuring all account information is accurate and up to date

2.3 Business Accounts

If you register on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

3. Service Description

Advertflair provides an AI-powered product photography platform that enables users to:

Upload product images and creative direction
Generate AI-powered product photography
Receive professional post-production services
Manage and download final deliverables
Access platform analytics and project management tools

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

4. Subscription Plans and Payments

4.1 Pricing

Current pricing is available on our pricing page. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

4.2 Billing

Subscriptions are billed monthly or annually in advance
Payment is processed on the anniversary of your subscription start date
All fees are non-refundable except as required by law or stated in our refund policy
You authorize us to charge your payment method on file automatically

4.3 Pilot Program

The $2,000 pilot program fee applies to your first monthly subscription plan upon successful completion of the pilot. Pilot terms and deliverables are specified in your pilot agreement.

4.4 Taxes

All fees are exclusive of applicable taxes (including VAT, GST, sales tax). You are responsible for all taxes associated with your purchase.

4.5 Late Payment

If payment fails, we may suspend your access to the Service until payment is received. Accounts unpaid for 30 days may be terminated.

5. Intellectual Property Rights

5.1 Your Content

You retain all ownership rights to the content you upload ("Your Content"). By uploading content, you grant us a worldwide, non-exclusive, royalty-free license to:

Process, store, and display Your Content to provide the Service
Use Your Content to train and improve our AI models (anonymized)
Create derivative works (AI-generated outputs) based on Your Content

5.2 AI-Generated Outputs

You own all rights to the AI-generated images we create for you, subject to full payment of applicable fees. These outputs are licensed to you exclusively for commercial use.

5.3 Our Platform

The Service, including all software, algorithms, trademarks, and content (excluding Your Content), is owned by Advertflair LLC and protected by intellectual property laws. You may not:

Copy, modify, or reverse-engineer any part of the Service
Remove or alter any proprietary notices
Use our trademarks without written permission
Access the Service to build a competitive product

6. Acceptable Use Policy

You agree not to use the Service to:

Violate any laws, regulations, or third-party rights
Upload content that is illegal, harmful, threatening, abusive, defamatory, or obscene
Generate deepfakes, misleading content, or images intended to deceive
Infringe on intellectual property rights of others
Transmit malware, viruses, or malicious code
Attempt to gain unauthorized access to our systems
Use automated scripts or bots to access the Service
Resell or redistribute the Service without authorization
Generate content depicting minors, violence, or illegal activities

Violation Warning: Violation of this policy may result in immediate account termination without refund and potential legal action.

7. Content Moderation

We reserve the right to review, monitor, and remove any content that violates these Terms or our policies. We may use automated and manual moderation systems. However, we are not obligated to monitor content and assume no liability for user-generated content.

8. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.

We are ISO 27001 certified and comply with GDPR, CCPA, and other applicable data protection regulations.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

We do not warrant that:

The Service will be uninterrupted, secure, or error-free
AI-generated outputs will meet your specific requirements
Defects will be corrected within a specific timeframe
The Service is free from viruses or harmful components

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ADVERTFLAIR LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE.

Our total liability for any claims arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Advertflair LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights, including intellectual property
Your Content or AI-generated outputs created using Your Content

12. Termination

12.1 By You

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. No refunds for partial months.

12.2 By Us

We may suspend or terminate your access immediately for:

Violation of these Terms
Non-payment of fees
Fraudulent or illegal activity
At our discretion with 30 days' notice for convenience

12.3 Effect of Termination

Upon termination:

Your access to the Service will cease immediately
We may delete your account and content after 30 days
You remain liable for any outstanding fees
Sections 5, 9, 10, 11, and 15 survive termination

13. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via:

Email notification to your registered email address
Prominent notice on our website
In-app notification upon next login

Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you disagree, you must stop using the Service.

14. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before initiating arbitration, you agree to attempt to resolve the dispute informally by contacting us at legal@advertflair.com.

15.2 Binding Arbitration

Any dispute not resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in New York, NY.

15.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

15.4 Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

16. Miscellaneous

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Advertflair LLC.

16.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in full effect.

16.3 Waiver

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

16.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms at any time.

16.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control (natural disasters, war, pandemics, etc.).

17. Contact Information

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

Advertflair LLC

Legal Department

Email: legal@advertflair.com

Address: Brooklyn, NY, United States