TERMS OF SERVICE

Last updated: May 1, 2025

1. INTRODUCTION

Welcome to AImakerz.art ("Site" or "Service"), an artificial intelligence-based image generation service owned and operated by AI Makerz LLC ("AI Makerz", "we", "our" or "us"), with legal headquarters at 30 N Gould St Ste R Sheridan, WY 82801.

These Terms of Service ("Terms") govern your access to and use of our Site, including all content, features, and services offered. By using our Service, you agree to be bound by these Terms. If you do not accept these Terms, please do not use our Service.

2. USE OF SERVICE

2.1 User Requirements

To use our Service, you must be at least 18 years old or the minimum age required by law in your country of residence. By using our Service, you represent and warrant that you meet this requirement.

2.2 Account Registration

Some features of our Service may require account registration. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur on your account. Please notify us immediately of any unauthorized use of your account.

2.3 Service Availability

We strive to ensure high reliability and availability of our Service. However, we cannot guarantee that the Service will always be available without interruptions, delays, or imperfections. The Service may be temporarily unavailable for maintenance, updates, or other reasons.

2.4 Modifications to the Service

AI Makerz reserves the right to modify or discontinue, temporarily or permanently, the Service or any part of it, with or without notice. We will not be liable for any modifications, suspensions, or discontinuances of the Service.

2.5 Account Termination

AI Makerz reserves the right, in its sole discretion, to suspend or terminate your account and access to the Service for any reason, including but not limited to, violation of these Terms.

In case of account termination, there is no guarantee of future availability of your data or refund for any purchases or subscriptions you may have made.

2.6 Acceptable Use

In accessing and using AImakerz.art, you agree to abide by the following rules, restrictions, and limitations:

a) Do not use the Service for illegal or unauthorized purposes.

b) Do not attempt to access any part of the Service or any system or network connected to the Service through hacking, scraping, or other unauthorized means.

c) Do not use the Service to create content that:

d) Do not use the Service in a way that compromises the privacy of others, engages in regulated activity without complying with applicable regulations, or promotes or engages in any illegal activity.

e) Ethical Use Requirements:

AI Makerz reserves the right, but not the obligation, to remove any user-generated content and/or ban accounts that we believe, in our sole discretion, violate these provisions.

2.7 Limitation of Liability

AI Makerz is not liable for any liabilities or damages caused by the use of its services or from the images generated using our service.

2.8 Harmful Content and Safety Measures

The creation of child sexual abuse material (CSAM) using our Service, including content that is private and never published, is strictly prohibited. Any such violations will be reported immediately to the appropriate authorities.

We take the safety of our platform and its users very seriously. AI Makerz employs multiple safety mechanisms including, but not limited to:

a) Content filtering and moderation systems to prevent the generation of harmful, illegal, or unethical content.

b) Regular reviews of our AI models and systems to minimize potential harmful outputs.

c) Clear guidelines and warnings for users about appropriate use of our Service.

d) User reporting systems to flag potentially harmful or inappropriate content.

e) Continuous improvement of our safety measures based on the latest research and best practices in AI safety.

AI Makerz reserves the right to monitor the use of the Service to ensure compliance with these Terms and may take any action we deem appropriate, including but not limited to immediately terminating your account and access to the Service, if we determine, in our sole discretion, that you have violated these Terms or otherwise engaged in inappropriate conduct.

3. SUBSCRIPTIONS AND PURCHASES

3.1 Credits and Premium Services

Account purchases and subscriptions award the user with AImakerz virtual credits ("Credits") and enable a range of premium functionalities ("Premium Services") that are provided only to users who have an active subscription to AImakerz.

3.2 Use of Credits

Credits may only be used to generate images and access features available on our Service. Credits cannot be transferred, exchanged, or refunded for real money.

3.3 Subscriptions

Purchasing a subscription will automatically charge your selected payment method. Subscriptions automatically renew at the end of the subscription period until they are canceled. You can cancel your subscription at any time.

3.4 Refund Policy

We offer refunds in the following circumstances:

a) If you are unable to use our products and services due to technical issues on our end after reasonable attempts to resolve the issue.

b) If your credits remain unused for more than 180 days.

c) If you have mistakenly purchased the wrong subscription plan, we may offer a refund if requested within 7 days of purchase.

To request a refund, please contact our customer support team at support@aimakerz.art with details of your purchase and the reason for your refund request. Refund requests will be reviewed on a case-by-case basis and processed within 14 business days if approved.

3.5 Subscription Termination

If you terminate your subscription, your subscription will not be renewed starting from the next billing period, and your access to Premium Services will be active until the expiration of your subscription.

3.6 Credit Balance

Previous Credit balance will not be carried forward in your account on a monthly basis. After the termination of your subscription, you no longer have access to your paid credits.

3.7 Pricing

All subscriptions and purchase amounts are stated in US Dollars. The amounts listed on the website do not include applicable taxes, such as sales taxes, which are assessed by our payment processor.

3.8 Non-Payment

If a subscription is not paid for on its renewal date, we have the sole right to terminate your access to AImakerz's Premium Services.

4. INTELLECTUAL PROPERTY RIGHTS

4.1 Ownership of Generated Content

No claims on the ownership or copyright of AI-generated images are made by AI Makerz, and all created content may be freely used by yourself for commercial and non-commercial purposes, subject to applicable laws and these Terms.

4.2 License for Use of Generated Content

AI Makerz grants users an unlimited, non-exclusive, worldwide, royalty-free license to use, modify, reproduce, distribute, perform, display, and create derivative works from the images generated through our Service, subject to the following conditions:

a) Non-paying users (free plan) may use the generated images only for non-commercial purposes, such as personal projects, educational materials, or non-profit initiatives.

b) Paying users (paid plans) may use the generated images for both commercial and non-commercial purposes.

In any case, you may not use the generated images to create illegal or unethical content.

4.3 Attribution

While not required, we appreciate attribution to AImakerz.art in the following circumstances:

a) Book/Album Covers or Illustrations: If you've used generated images for book or album covers or illustrations, please credit AImakerz.art in a manner akin to acknowledging a human artist.

b) Commercial Products: For images used in products for sale, please include a mention of AImakerz.art on your shop site or wherever it seems appropriate.

c) Digital Content: When creating content for platforms like YouTube, you may acknowledge AImakerz.art in the video description or as suitable.

d) Social Media: When posting images on personal pages, please credit AImakerz.art within your Instagram, X(Twitter), Pinterest bio, image captions, or as appropriate.

4.4 Celebrity and Personal Rights

When creating content involving celebrities or private individuals, you must comply with applicable laws regarding their rights. AI Makerz cannot be held responsible for unauthorized use of personal or celebrity images.

5. PRIVACY AND DATA PROTECTION

5.1 User Information

AI Makerz stores basic user information during your use of our Service. For more details on how we collect, use, and protect personal data, please refer to our Privacy Policy.

5.2 Data Retention

Private creations of subscribers are stored during their subscription period, accessible until they opt for deletion or account termination, or end the subscription.

Private creations of non-subscribers are stored for 7 days. If not published within this timeframe, they're automatically deleted.

Deletions of images, models, accounts, and other assets by all users are final and irreversible.

5.3 Data Security

AI Makerz prioritizes the privacy and security of your data and implements advanced measures to protect it.

5.4 Content Sharing

Your creations are private by default and shared only if you choose to publish or share them.

6. CHANGES TO THE TERMS

AI Makerz reserves the right to change these terms of service at any time and will attempt to notify you of any changes. Continued use of the Service after any changes constitutes acceptance of the modified Terms.

7. GENERAL PROVISIONS

7.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles.

7.2 Dispute Resolution

Any dispute arising out of or relating to these Terms shall be resolved through mediation and, if necessary, arbitration, in accordance with the rules of the American Arbitration Association.

7.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be construed, limited, or, if necessary, severed to the extent necessary to eliminate such invalidity or unenforceability, and the remaining provisions of the Terms shall continue in full force.

7.4 Entire Agreement

These Terms constitute the entire agreement between you and AI Makerz regarding the use of the Service and supersede all prior or contemporaneous agreements, whether oral or written, regarding the same subject matter.

7.5 Waiver

The failure of AI Makerz to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

7.6 Force Majeure

AI Makerz shall not be liable for failure to perform any obligation under these Terms caused by events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

8. CONTACT US

If you have any questions or concerns about these Terms, please contact us at: support@aimakerz.art


AI Makerz LLC
30 N Gould St Ste R
Sheridan, WY 82801
United States

THE AIMAKERZ SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND THE USE THEREOF IS AT YOUR SOLE RISK. WE MAKE NO, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NONINFRINGEMENT, AND TITLE WITH RESPECT TO THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.