MerchDesign AI Terms of Service


1. Acceptance of Terms

By accessing or using the MerchDesign AI web application ("MerchDesign AI" or "Service"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service.

2. Prohibited Content

Users are strictly prohibited from uploading, creating, or sharing any content that: a. Is sexually explicit or suggestive. b. Depicts or promotes violence, including the use of firearms or any other weapons. c. Advocates or promotes hate speech, including but not limited to, content that is discriminatory, racist, sexist, or bigoted. d. Encourages or glorifies illegal activities. e. Contains graphic or disturbing images. f. Violates any copyright, trademark, or other intellectual property rights. g. Is deemed inappropriate or offensive at the sole discretion of MerchDesign AI.

3. Content Review

MerchDesign AI reserves the right to review any content submitted to the Service. Any content found to be in violation of these Terms may be removed without prior notice. Users found repeatedly violating these terms may have their access to the Service terminated.

4. Unlimited Access

At MerchDesign AI, we empower our subscribers with unlimited access to our cutting-edge design tools, enabling you to unleash your creativity and bring your merchandise ideas to life. "Unlimited access" means you can explore, design, and create without the worry of exhausting service credits on a daily basis.
Understanding the Limits
Daily Image Generation Limit
While our platform promotes creative freedom, we implement a fair usage cap of 300 image generations per day for accounts that are specified as unlimited. This limit is designed to ensure equitable resource distribution among our user base, maintaining high performance and availability for all.
A day is a 24-hour cycle that resets at midnight UTC. If you reach the daily limit, you can continue generating images the next day.
Prohibition of Account Sharing
Each MerchDesign AI account is intended for individual use only. Sharing account credentials with others or using a single account collaboratively across multiple individuals or entities is strictly prohibited. This policy is in place to prevent unauthorized access and ensure that all users benefit from a secure and personalized experience on our platform.
Prohibition of Automation and Bots
The use of automation software, bots, or any other automated system to generate images or interact with our services is strictly prohibited. Such practices can overload our system and degrade the quality of service for other users. Violation of this policy may result in immediate suspension or termination of the account.
Fair Use Policy
Our daily limit falls under our Fair Use Policy, which safeguards against the misuse of resources. This policy helps us prevent service disruptions and ensures a smooth, efficient experience for everyone using MerchDesign AI.
Exceeding Daily Limits
If you reach your daily limit of 100 image generations (or the limit specified by your plan), further image creation attempts will be temporarily paused until the next day. We calculate daily usage based on a 24-hour cycle that resets at midnight UTC.
Monitoring and Adjustments
MerchDesign AI reserves the right to modify the daily image generation limit based on overall system performance and user feedback. Any changes to this limit will be communicated through updates to our Terms of Service and, where applicable, direct notifications to our users.

5. Disclaimers

MerchDesign AI is provided "as is" and "as available". We disclaim all warranties, express or implied, including but not limited to the accuracy, completeness, or reliability of content created through the Service.

6. Limitation of Liability

Under no circumstances shall MerchDesign AI, its affiliates, employees, or agents be liable for any indirect, incidental, special, or consequential damages arising from the use or inability to use the Service.
Limitation of Liability Clause
Limitation of Claims Against MerchDesign AI
The user acknowledges and agrees that, to the fullest extent permitted by law, MerchDesign AI, including its affiliates, officers, directors, employees, agents, and licensors, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from: The use or the inability to use the service provided by MerchDesign AI; Unauthorized access to or alteration of your transmissions or data; Statements or conduct of any third party on the service; Any other matter relating to the service. Waiver of Rights to Sue: By agreeing to these Terms of Service, the user expressly waives any and all rights to bring any claims or actions against MerchDesign AI related to the use of the service, except for claims arising from MerchDesign AI’s gross negligence or willful misconduct. This waiver includes any claims that might arise after the user has terminated the use of MerchDesign AI’s services. Acknowledgment of Agreement: The user acknowledges that they have read and understood this limitation of liability clause, and agree that the limitations of liability set forth herein are fundamental elements of the basis of the bargain between MerchDesign AI and the user. Consequently, the service would not be provided without such limitations.

7. Email Communication and Marketing

By using MerchDesign AI, you agree that we may use your provided email address to send you information related to your account and the Service. This includes transactional emails, such as information about your subscription renewing, which are essential for continuous service and cannot be opted out of. Additionally, we may send you marketing communications, such as notifications about product updates, blog post updates, new informative videos, or special deals. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions provided in these emails.

8. Changes to the Terms

MerchDesign AI reserves the right to update or modify these Terms at any time without prior notice. Continued use of the Service after any such changes shall constitute your consent to such changes.

9. Governing Law

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

10. Image Visibility Policy

All images generated by our platform are publicly viewable by default for non-subscribers. This accessibility allows non-subscribing members and visitors to view a broad range of content hosted on our platform. However, if you wish to maintain privacy over your generated images, we offer an exclusive option for our subscribers. By subscribing to our service, you gain the ability to restrict public access to your images, thus making them viewable only to you and those you choose to share them with. Subscription not only enhances your control over image visibility but also provides additional premium features designed to improve your user experience. We encourage you to review our subscription plans to find one that best suits your privacy and usage needs.

Inactive Account Policy and Image Storage

To optimize our platform's performance and manage storage resources efficiently, we apply limitations to the storage of images for inactive and cancelled accounts. For active subscriptions, images are stored for the lifetime of the subscription up to the maximum storage limit specified in your plan. If your account remains inactive, defined as no logins or usage of our services, for a continuous period of 30 days, we reserve the right to delete all stored images associated with your account. Furthermore, if the inactivity persists, we reserve the right to terminate your account. In the event of subscription cancellation, you will have 30 days to access and manage your images before they are permanently deleted from our servers. We will attempt to notify you via the email associated with your account prior to any deletion, providing an opportunity to reactivate your account or save your data elsewhere. It is crucial to keep your contact information up-to-date to receive these notifications. We encourage you to regularly backup your content to avoid any potential loss of data.

11. Contact

For any questions or concerns about these Terms, please contact us at MerchDesignAI at gmail dot com.

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