Terms of Service

2. Acceptance of Terms

1. By accessing and using the Website and its Services, You enter into a legally binding agreement with the Company and agree to comply with these Terms.
2. If You disagree with these Terms, You must immediately cease using the Services.
3. This agreement remains in effect as long as You use the Services. It may be terminated if You delete Your account, stop using the Services, or if the Company suspends or terminates Your access due to a violation of these Terms or other legal reasons.

3. Description of Services

1. The Services enable You to generate images using AI by submitting textual prompts, perform background removal, and upscale images.
2. Each successful Service request consumes one Credit from Your account balance. If a request fails, no Credit is taken.
3. Results are stored in Your account so You can view and download them later. Image generation sends Your prompt, and background removal and upscaling send the image You upload, for processing outside Our own systems. Details are in Our Privacy Policy.
4. The Services are provided on a best-effort basis. AI output is generated automatically and may be inaccurate or unsuitable for Your purpose; We do not guarantee any particular result, resolution, or processing time.
5. We send You transactional emails that belong to the Services, such as email verification, password reset, purchase receipts, failed payment notices, balance changes made by an administrator, and account status changes.

4. Payments and Credits

1. A new account receives 5 free Credits after the email address is confirmed. Further Credits can be purchased at any time.
2. Your Credits are stored in Your account balance on the Website.
3. Credits are purchased by card on a hosted checkout page. Your card details are entered on that page and are never received or stored by Us.
4. Euro is the base currency. You may pay in EUR, USD, or GBP; amounts in USD and GBP are converted from the euro price at the rate shown on the Website at the time of purchase.
5. The current price per Credit and the minimum and maximum amount per purchase are shown next to the amount field before You pay. A single purchase is limited to the equivalent of 5–1500 EUR. The amount shown is the total You pay, including any tax that applies; We add no separate charges.
6. Credits are added to Your balance once the payment is confirmed. A failed, declined, or cancelled payment adds no Credits and is shown as cancelled in Your transaction history.

5. Prohibited Content

1. You must not generate or upload Content that is unlawful, harmful, explicit, discriminatory, offensive, or inappropriate.
2. You must never use the Services for sexual content involving children, for intimate images of a person shared without their consent, or for any other material whose creation or possession is a criminal offence. We report such activity to the authorities.
3. You must hold the rights needed for every image You upload, and You must not upload an identifiable person's image without their consent.
4. Violation may result in suspension or termination of Your access to the Services.

6. Use of the Website

1. You must be at least 18 years old to register an account and use the Services.
2. You must not use the Services to insult, threaten, degrade, harass, or otherwise harm others.
3. You must not disrupt the Website's functionality or security or attempt unauthorized access.
4. Automated data extraction from the Website without explicit consent is prohibited.
5. The Company processes personal data as described in its Privacy Policy, which sets out the legal basis for each Processing activity.

7. Cancellation and Refunds

1. Statutory right to cancel. If You are a consumer, You normally have 14 days from the purchase to cancel a contract for digital content and get Your money back. Credits are supplied to Your balance immediately after payment, so at checkout You expressly ask Us to start supplying them at once and acknowledge that You lose the right to cancel once they are on Your balance. This is what the checkbox above the payment button confirms.
2. If You change Your mind within 14 days and have not spent any of the Credits from that purchase, write to Us and We will refund the unused Credits from that purchase to Your original payment method.
3. Apart from that, Credits are non-refundable, subject to the cases below and to Your statutory rights.
4. Credits may be refunded to Your account balance exclusively in case of technical failures directly caused by the Website.
   1. If repeated technical problems prevent You from using the purchased Credits.
   2. If a Credit was taken for a Service request that failed. Failed requests are not charged automatically, so this only applies if the accounting is wrong.
   3. If Credits purchased were not added to Your account due to a system error.
   4. If generated content is significantly flawed due to a system malfunction beyond normal AI limitations.
5. Monetary refunds to the original payment card are only possible if a technical failure occurs during a transaction or Credit purchase.
   1. If payment was completed, but Credits were not added, and the issue cannot be resolved otherwise.
   2. If You were charged multiple times for the same transaction.
6. Refunds will not be granted in the following cases:
   1. If generated Content does not meet personal expectations but functions as intended.
   2. If Your account was suspended or restricted due to policy violations.
   3. If You decide not to use the purchased Credits after completing the transaction.
7. Refund requests must include clear evidence and be directed to help@airtigen.com. Approved refunds will be credited either as account balance or returned to the original payment method, depending on the issue.
8. Refund Dispute Resolution:
   1. If Your refund request is denied and You wish to dispute the decision, You may submit a formal dispute by contacting help@airtigen.com with additional supporting evidence.
   2. The dispute will be reviewed within 10 business days, and You will receive a final decision via email.
   3. If further investigation is required, the Company may request additional information from You.
   4. Refund disputes are assessed based on transaction records, system logs, and compliance with these Terms.
9. Nothing in this section limits the rights You have as a consumer under the mandatory law of Your country of residence.

8. Account Suspension and Termination

1. The Company may suspend or terminate Your account access for a violation of these Terms, or where the law requires it. We will tell You the reason unless We are legally prevented from doing so, and You may contest the decision by replying to Us.
2. While an account is blocked, the remaining Credits stay on the balance but cannot be spent, and the Services cannot be used.
3. You may ask Us to delete Your account at any time by writing to help@airtigen.com from the address registered to the account. Deletion removes Your profile, Your stored images, and Your usage and transaction records, apart from records We must keep by law.
4. Upon deletion or termination of the account, any remaining Credits are lost and cannot be transferred, and no refund is due for them beyond the cases in section 7 and Your statutory rights.

9. Intellectual Property Rights

1. Ownership:You own all intellectual property rights to the Content you generate using the Services, including the right to use, modify, distribute, and monetize it, subject to applicable laws.
2. License to the Company:By using the Services, You grant the Company a limited, non-exclusive, worldwide, royalty-free license to store Your Content in Our private storage, to display it back to You in Your account, and to transmit it as needed to carry out the request You made. The license exists only to operate the Services and ends when the Content is deleted. The Company does not claim ownership of Your Content, does not use it to train AI models, and will not use it for marketing or other commercial purposes without Your consent.
3. AI-Generated Content:The ownership and copyright status of AI-generated Content may be subject to local intellectual property laws, which could affect Your ability to claim exclusive rights in certain jurisdictions.

10. Limitation of Liability

1. Nothing in these Terms excludes or limits Our liability for death or personal injury caused by Our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited. If You are a consumer, You keep Your rights under the Consumer Rights Act 2015, including the right to digital content that is of satisfactory quality, fit for purpose, and as described, and We do not exclude those rights.
2. Subject to the paragraph above, the Services are provided without any warranty that AI output will be accurate, complete, or suitable for a particular purpose, since the output is generated automatically.
3. Subject to the first paragraph of this section, We are not liable for loss that was not foreseeable, for business losses such as loss of profit, revenue, or business opportunity, or for loss caused by Content You did not keep a copy of. Where We are liable, Our total liability for a claim is limited to the amount You paid Us in the twelve months before the claim arose.

11. Changes to these Terms

1. We reserve the right to update these Terms at any time.
2. Continued use of the Website after updates indicates Your acceptance of revised Terms.

12. Governing Law and Jurisdiction

1. These Terms are governed by the law of England and Wales.
2. Disputes may be brought in the courts of England and Wales. If You are a consumer, this does not take away the protection of the mandatory law of Your country of residence, and You may also bring proceedings in the courts of that country.
3. If You are unhappy with the Services or with how We handled a request, please contact Us first at help@airtigen.com. We aim to reply within five business days.

13. Restricted Jurisdictions

1. The Services are not available in jurisdictions subject to international sanctions, including but not limited to: Cuba, Iran, North Korea, Syria, and regions such as Crimea, Donetsk, and Luhansk.
2. Users must ensure they are not accessing the Services from these restricted locations.

14. Contact Information

For questions about these Terms, please contact Us:

Email: help@airtigen.com

NEXT PERSPECTIVE LTD, company number 17386834

Registered office: International House, 100 Menzies Road, Hastings, United Kingdom, TN38 9BB