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Terms of Service

Last updated: April 8, 2026

1. Acceptance of Terms

By accessing or using PhotoStudioGen (“the Service”), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service. You must be at least 18 years old to use the Service.

2. Description of Service

PhotoStudioGen provides AI-powered image and video generation services, including but not limited to text-to-image generation, image editing, style transfer, portrait generation, video generation, image-to-video animation, video editing, and image upscaling. The Service uses third-party AI providers to process your requests and operates on a credit-based system where users purchase credits to generate content.

3. Age Restriction

You must be at least 18 years of age to use this Service. By creating an account or using the Service, you represent and warrant that you are at least 18 years old. We do not knowingly allow anyone under 18 to use the Service.

If we discover that a user is under 18, we will immediately terminate their account and delete all associated data without notice or refund.

4. Account Registration

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

5. Credits and Payments

5.1 Credit System

Our Service uses a credit-based system. Each image or video generation costs a certain number of credits depending on the tool and features used. Credit costs are displayed before each generation.

5.2 Purchasing Credits

Credits can be purchased through our website. All prices are displayed in USD. Payment processing is handled by Stripe, and you agree to Stripe's terms of service when making a purchase.

5.3 Credit Expiration

Purchased credits do not expire and remain in your account until used.

6. Refund Policy

7-Day Money-Back Guarantee (First Purchase Only): We offer a 7-day money-back guarantee on your first purchase (subscription or credit pack), provided you have used less than 90% of the credits included with that purchase. If you meet both conditions — within 7 days and under 90% credit usage — email us for a full refund.

After the guarantee window, all sales are final. Due to the nature of our digital service and the immediate consumption of AI computing resources upon credit use, we are unable to offer refunds beyond the guarantee period. Before purchasing, we encourage you to:

  • Start with an affordable plan to test the Service
  • Review the credit costs for different features
  • Ensure our Service meets your needs within the 7-day guarantee window

Exceptions: We may, at our sole discretion, consider refund requests in cases of:

  • Duplicate charges due to technical errors
  • Unauthorized transactions (with proper documentation)
  • Service outages that prevent credit usage for extended periods

7. Acceptable Use — Strictly Enforced

You agree not to use the Service to:

  • Generate, upload, or distribute any content depicting minors in any sexual, suggestive, nude, or inappropriate context — this is illegal and will be reported to law enforcement
  • Generate nude, undressed, or sexually explicit imagery of any real person without their verifiable, documented consent
  • “Undress,” “deepfake,” or digitally remove clothing from images of any person — this is illegal in many jurisdictions and strictly prohibited
  • Upload or use photos of other people without their explicit written consent
  • Create non-consensual intimate imagery of any kind
  • Impersonate others or create misleading content intended to deceive
  • Infringe on the intellectual property rights of others
  • Create content that promotes violence, terrorism, hatred, or discrimination
  • Attempt to bypass content filters, safety measures, or moderation systems
  • Use automated systems, bots, or scripts to abuse the Service
  • Violate any applicable local, state, national, or international laws or regulations

Violation of these policies will result in immediate and permanent account termination without refund. We reserve the right to report illegal activity to the appropriate law enforcement authorities and to cooperate fully with any resulting investigation.

8. User Content and Consent

By uploading photos or other content to the Service, you represent and warrant that:

  • You are the person depicted in any reference photos you upload, OR you have obtained explicit, documented, written consent from every person depicted in those photos
  • You have all necessary rights, licenses, and permissions to upload and use the content
  • Your use of the Service does not violate the rights of any third party, including privacy and publicity rights
  • All persons depicted in your uploaded content are at least 18 years of age

You are solely and fully responsible for all content you upload to and generate through the Service. We do not review, verify, or approve uploaded content or generated output. You assume all risk and liability arising from your use of the Service and the content you create.

We are not responsible for how you or any third party uses content generated through the Service. You agree to indemnify and hold us harmless from any claims, damages, or legal actions arising from your content or your use of the Service.

9. Third-Party AI Services

Our Service relies on third-party AI providers to generate and process content:

  • xAI (Grok API) — Powers image generation, image editing, video generation, and video editing
  • Replicate — Powers image upscaling
  • UploadThing — Hosts uploaded and generated files
  • Stripe — Processes payments

These third-party providers have their own terms of service, privacy policies, and content moderation policies. Your use of the Service is also subject to these third-party terms. In particular:

  • xAI may reject or refuse to process prompts or images that violate its content moderation policies
  • We have no control over and accept no responsibility for the quality, accuracy, availability, or content of third-party AI outputs
  • If a third-party provider rejects your request due to content moderation, credits used for that generation will be refunded to your account
  • Third-party service outages or changes may temporarily or permanently affect Service availability

We are not liable for any actions, errors, omissions, or content moderation decisions made by third-party providers.

10. Intellectual Property

10.1 Your Content

You retain ownership of images and videos you upload. By using the Service, you grant us a limited license to process your content solely for the purpose of providing the Service.

10.2 Generated Content

Subject to these Terms, applicable law, and the terms of our third-party AI providers, you own the images and videos generated through your use of the Service. You may use generated content for personal and commercial purposes, provided such use complies with all applicable laws and these Terms.

10.3 Our Service

The Service, including its design, features, and underlying technology, is owned by us and protected by intellectual property laws.

11. 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, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT GENERATED IMAGES OR VIDEOS WILL MEET YOUR EXPECTATIONS. AI-GENERATED CONTENT MAY CONTAIN INACCURACIES, ARTIFACTS, OR UNEXPECTED RESULTS.

WE DO NOT REVIEW, APPROVE, OR ENDORSE ANY CONTENT GENERATED THROUGH THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, QUALITY, LEGALITY, OR APPROPRIATENESS OF ANY AI-GENERATED OUTPUT. ALL GENERATED CONTENT IS CREATED AT YOUR OWN RISK AND SOLE RESPONSIBILITY.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

WITHOUT LIMITATION, WE ARE NOT LIABLE FOR:

  • Any damages arising from content you generate, upload, or distribute using the Service
  • Any third-party AI service failures, rejections, outages, or content moderation actions
  • Any misuse of the Service by you or any other user
  • Any claims by third parties arising from content you generate
  • Any legal consequences resulting from your use of generated content

OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

13. Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Service will cease immediately. Unused credits are non-refundable upon termination.

14. Law Enforcement Cooperation

We take illegal use of our Service extremely seriously. We will fully cooperate with law enforcement authorities in the investigation and prosecution of any illegal activity conducted through the Service, including but not limited to:

  • Child sexual abuse material (CSAM) or any content depicting minors in sexual or exploitative contexts
  • Non-consensual intimate imagery (“revenge porn” or deepfakes)
  • Identity theft, fraud, or impersonation
  • Any other activity that violates applicable criminal law

We may preserve and disclose account information, uploaded content, generated content, usage logs, IP addresses, and any other relevant data in response to lawful requests from law enforcement or as otherwise required by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless PhotoStudioGen, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) content you upload, generate, or distribute; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

16. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which we operate, without regard to its conflict of law provisions.

18. Contact Us

If you have any questions about these Terms, please contact us at: support@photostudiogen.com