Terms of Service

These Terms of Service (the "Terms") govern your use of the Brand Studio Shopify app (the "App"), provided by [Legal Entity Name]("we", "us"). By installing or using the App, you agree to these Terms. If you do not agree, do not install the App.

1. The service

The App lets Shopify merchants generate AI-styled product images by uploading source photos and providing text prompts. We forward those inputs to third-party AI providers, receive the generated output, and let you save it back to your Shopify product gallery.

2. Eligibility

• You must operate a Shopify store in good standing.
• You must be at least 18 years old, or the legal age of majority in your jurisdiction.
• You must have the legal authority to bind the entity that owns the Shopify store you install the App on.

3. Plans, pricing, and billing

The App is offered under several subscription tiers. Current pricing is published at our pricing page. We reserve the right to change pricing with at least 30 days' notice; existing subscribers continue at their current rate until the next renewal following any change.

All billing is processed through Shopify's Billing API.

• Free plan: the Free plan includes a fixed lifetime credit allowance so you can test the App before choosing a paid subscription.
• Recurring billing: paid subscriptions renew every 30 days at the rate displayed at the time of subscription.
• Refunds:Shopify's standard refund policy for app charges applies. Because the service is consumed in real time, we generally do not refund partial months. We will refund any charges that result from a clear bug on our side; contact support.
• Cancellation: uninstall the App from your Shopify admin to cancel. Cancellation takes effect immediately and your access ends at the end of the current billing period.

4. Credits and generation limits

The App uses credits for image generation. The Free plan includes a fixed credit allowance. Paid plans include a monthly credit allowance that resets on the first day of each calendar month at 00:00 UTC. Unused monthly credits do not roll over.

• Successful generations deduct credits from your available balance.
• Failed generations (whether due to model errors, content moderation, or technical issues) do not consume credits and are automatically refunded.
• Extra credits may be purchased on paid plans and are used after your monthly plan credits are exhausted.

5. Acceptable use

You agree not to use the App to generate or upload content that:

• Depicts nudity, sexual content, or sexually suggestive material, including AI-generated "deepfake" nudes of any person
• Depicts minors in any sexual or suggestive context, ever, at all
• Depicts graphic violence, gore, or self-harm
• Promotes or glorifies hate, discrimination, or harassment on the basis of race, ethnicity, religion, gender, sexual orientation, disability, or any protected class
• Includes identifiable individualswithout their documented consent (this includes celebrities, public figures, and competitors' staff)
• Infringes copyright, trademark, or other intellectual property belonging to others
• Violates any applicable law or regulation
• Promotes illegal goods or services, including counterfeit products
• Attempts to jailbreak, exploit, or abuse the App, its rate limits, its content moderation, or its underlying AI models

We pre-screen every upload and prompt against automated content moderation systems before sending to our AI providers. Repeat violations of this policy are grounds for immediate account termination without refund.

6. Ownership of generated content

You own the images you generate. Subject to your compliance with these Terms and the underlying terms of the AI provider used, we assign to you any rights we may have in the output of any successful generation you produce through the App.

Important caveats:

• AI-generated images may not be eligible for copyright protection in some jurisdictions (notably the United States, where current law excludes purely AI-generated content from copyright registration). We do not warrant copyrightability of any output.
• You are responsible for ensuring you have the rights to any source images you upload, including model releases for any people pictured.
• You are responsible for ensuring the generated output does not violate the rights of any third party.
• Each AI provider has its own terms governing the output it produces. By using the App, you agree to be bound by those terms with respect to outputs from each provider. See our Privacy Policy for links.

7. Service availability

We aim for high availability but make no specific uptime guarantee and do not offer a service level agreement (SLA). The App depends on third-party services (Shopify, cloud infrastructure providers, and AI generation providers) that may experience downtime outside our control. We will use commercially reasonable efforts to maintain availability and to notify users of planned maintenance via the in-app announcement system.

8. Account suspension and termination

We may suspend or terminate your access to the App, with or without notice, if:

• You materially breach these Terms or the acceptable use policy
• You fail to pay any subscription fees
• Your use creates security, legal, or operational risk for us, other merchants, or our infrastructure providers
• You uninstall the App

Upon termination, your right to use the App ends immediately and we will delete your data per our Privacy Policy retention rules.

9. Disclaimers

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

We do not guarantee that:

• The App will be uninterrupted, error-free, or fully secure
• Generated images will meet your aesthetic, legal, or commercial requirements
• Any specific generation will succeed (AI models can produce unexpected output or fail entirely)
• The App will be compatible with all Shopify themes, plugins, or configurations

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, DATA, GOODWILL, OR REPUTATION; OR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot lawfully be limited.

11. Indemnification

You agree to indemnify and hold us harmless from any claim, demand, or damage (including reasonable attorneys' fees) arising out of:

• Your use of the App in violation of these Terms
• Your breach of the acceptable use policy, including content you upload or generate
• Your violation of any third-party right, including intellectual property or privacy rights
• The content you publish on your own Shopify store

12. Governing law and disputes

These Terms are governed by the laws of [Country], without regard to conflict-of-laws principles. Any dispute arising out of or related to these Terms or the App shall be resolved exclusively in the courts of [City, Country], and you consent to the personal jurisdiction of those courts.

If you are a consumer in the European Union, this clause does not deprive you of the protection of the laws of your country of residence.

13. Changes to these Terms

We may revise these Terms from time to time. Material changes will be announced inside the App and via email to merchants on a paid plan at least 30 days before they take effect. Continuing to use the App after a change constitutes acceptance of the new Terms.

14. Contact

Questions about these Terms? legal@example.com.

15. Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements, written or oral.