Terms of Service

1. Definitions

• Account: User profile created to access the service.
• User: Person or entity that accesses the Platform.
• Platform: The IngenAd website/app that allows generation of static advertising images with AI.
• Subscription: Monthly or annual payment plan with automatic credit recharge, divided into multiple tiers.
• Credits: Digital units that can be acquired through subscription or one-time purchase ("on-demand") and used to generate images.
• Generated Content: Images, designs, and other materials that the User creates through the Platform.
• AI Service: The artificial intelligence technology (Google Gemini) used to generate and edit advertising images.
• Remix: A variation or modification of an existing generated advertisement.

2. Acceptance of Terms

By using the Platform (logging in, generating images, purchasing credits, subscribing), you declare that you have legal capacity to enter into this Agreement. If you represent a company, you accept that such company will be bound by this Agreement. If you do not agree to these Terms, do not use the Platform.

3. Service Description

IngenAd provides access to a Platform for generating static advertising images using artificial intelligence. The service consists of:

• Creating an Account or authenticating via Google OAuth.
• Receiving 80 free credits upon account creation for trial purposes.
• Choosing a Subscription plan or purchasing on-demand credits.
• Using credits to generate images through AI (powered by Google Gemini) based on your prompts and uploaded images.
• Creating remixes (variations) of existing generated advertisements.
• Storing, accessing, and downloading your generated content.

We reserve the right to modify or discontinue (temporarily or permanently) the service or any feature, with prior notification when reasonably possible.

4. Subscriptions and Credits

4.1 Free Trial Credits

Upon creating an account, you will receive 80 free credits to try the service. These credits are subject to the same usage terms as purchased credits.

4.2 Subscriptions

• We offer multiple subscription tiers, each with automatic monthly or annual recharge of a specific number of credits.
• Subscriptions renew automatically according to the selected billing cycle (monthly or annual), unless canceled by the User.
• You can cancel at any time through your account settings or by contacting our payment provider (Lemon Squeezy).
• Cancellation will be effective at the end of the current billing cycle, and acquired credits will remain available until consumed or expired.
• You can upgrade or downgrade your subscription plan at any time, with changes taking effect according to Lemon Squeezy's billing policies.

4.3 On-Demand Credit Purchase

• You can purchase additional credits at any time without a subscription.
• One-time credit purchases are processed through Lemon Squeezy and provide credits immediately upon successful payment.
• Purchased credits have the validity period specified at the time of purchase.

4.4 Credit Usage and Expiration

• Credits can only be used in accordance with the service. They are non-refundable and non-exchangeable for cash.
• Different actions consume different amounts of credits:
  • Generating new advertisements consumes credits based on complexity and number of images.
  • Creating remixes (editing existing ads) may consume fewer credits than generating new ads.
• We reserve the right to establish expiration dates for credits; after expiration, unused credits may be forfeited.
• Your credit balance and transaction history are available in your account dashboard.

4.5 Payments, Taxes, and Billing

• All payments are processed securely through our payment provider, Lemon Squeezy.
• You agree to pay charges for subscriptions and/or credit purchases according to current pricing and your approved payment method.
• IngenAd may apply taxes, additional charges, or currency conversions depending on jurisdiction.
• If payment fails, services may be suspended, credit recharges stopped, or your Account canceled after notice.
• Refund requests will be evaluated on a case-by-case basis in accordance with applicable consumer protection laws.

5. Accounts and Authentication

• Account creation is free (excluding charges for credits or subscriptions).
• When using Google OAuth for authentication, you accept that IngenAd will receive your identifier and minimal profile data (email, name, photo) as permitted by your OAuth consent.
• You are responsible for maintaining the confidentiality of your password or Google access credentials.
• You must notify us immediately of any unauthorized use of your Account.
• You may not share your Account credentials with others or allow others to access your Account.
• We reserve the right to suspend or terminate Accounts that violate these Terms.

6. Intellectual Property Rights

6.1 Platform Ownership

All rights to the Platform, software, databases, content, icons, trademarks, and technology are owned by IngenAd or its licensors. You are granted a limited, non-exclusive, non-transferable license to use the Platform in accordance with these Terms.

6.2 Your Generated Content

• You retain ownership rights to the text prompts you create.
• AI-generated images are created using Google's Gemini AI models and are subject to Google's terms and policies regarding AI-generated content.
• You grant us a worldwide, non-exclusive, royalty-free license to store, display, and process your Generated Content as necessary to provide the service.
• We will not use your Generated Content for marketing or public display without your explicit consent.

6.3 User Uploaded Content

• When you upload reference or product images, you represent and warrant that you own or have the necessary rights to use these images.
• You are solely responsible for ensuring that uploaded content does not infringe third-party intellectual property rights.
• We reserve the right to remove any uploaded content that violates these Terms or infringes third-party rights.

6.4 Responsibility for Generated Content

You are responsible for your Generated Content. It must comply with these Terms and applicable law. You may not use the Platform to generate images that infringe third-party rights or are illegal.

7. Permitted and Prohibited Use

7.1 Permitted Use

• Access the Platform to generate static advertising images with available credits.
• Use your credentials or Google OAuth to authenticate.
• Pay for subscriptions or credits and use such credits as established.
• Upload reference and product images for which you have appropriate rights.
• Create remixes and variations of your generated advertisements.
• Download and use your generated content for commercial purposes.

7.2 Prohibited Use

You may not, without limitation:

• Use the Platform for illegal, defamatory, pornographic, discriminatory purposes, or that violate applicable laws.
• Generate content that promotes violence, hate speech, or discrimination.
• Attempt to access or interfere with the Platform in unauthorized ways.
• Distribute viruses, malware, spam, or automate usage without permission.
• Use another user's Account without authorization.
• Generate content that infringes copyrights, trademarks, trade secrets, or privacy rights of third parties.
• Attempt to reverse engineer, decompile, or extract the source code of the Platform.
• Use the Platform to create content that impersonates others or misrepresents your affiliation.
• Attempt to manipulate or abuse the credit system.
• Resell or redistribute Platform access or credits without authorization.

8. AI-Generated Content Disclaimers

You acknowledge and understand that:

• Images are generated using AI technology (Google Gemini) which may produce unpredictable or unintended results.
• AI-generated images may not always accurately represent your prompt or meet your expectations.
• We do not guarantee that generated content will be free from errors, biases, or inappropriate elements.
• You are responsible for reviewing all generated content before use to ensure it meets your needs and complies with applicable laws.
• AI-generated content may be similar to content generated for other users, as the AI draws from patterns in training data.
• We are not responsible for how you use or distribute AI-generated content.

9. Data Processing and Third-Party Services

By using the Platform, you acknowledge that:

• Google AI Services: Your prompts and uploaded images are processed by Google's AI infrastructure. This processing is governed by Google's terms and policies.
• Lemon Squeezy: Payment processing is handled by Lemon Squeezy, subject to their terms of service and privacy policy.
• Supabase: Your data is stored on Supabase infrastructure, which maintains industry-standard security certifications.
• Data processing practices are detailed in our Privacy Policy, which is incorporated by reference into these Terms.

10. Suspension and Termination

10.1 Termination by IngenAd

• We may suspend or terminate your access without prior notice for breach of these Terms.
• We may terminate Accounts that remain inactive for extended periods.
• We reserve the right to refuse service to anyone for any reason at any time.

10.2 Termination by User

• You may cancel your Account and/or subscription at any time through your account settings.
• Upon cancellation, you will lose access to premium features, but retain the right to use remaining credits until expiration, unless otherwise indicated.
• You may download your generated content before account closure.

10.3 Effects of Termination

After termination, the clauses regarding intellectual property, confidentiality, warranty disclaimers, limitation of liability, and any rights that arose before termination will continue to apply.

11. Warranties and Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". IngenAd does not guarantee that the service will be uninterrupted, error-free, or completely secure.

• We do not warrant that AI-generated content will meet your requirements or expectations.
• We do not warrant that the Platform will be compatible with all devices or software.
• We do not guarantee specific uptime or availability percentages.
• Except as required by law, IngenAd disclaims all express or implied warranties, including those of merchantability, fitness for a particular purpose, or non-infringement.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• In no event shall IngenAd, its directors, employees, or affiliates be liable for indirect, special, incidental, consequential, or punitive damages, including, without limitation, loss of revenue, data, or lost profits, arising from use or inability to use the Platform.
• IngenAd's total aggregate liability for any claim shall be limited to the total amount you have paid to IngenAd in the last twelve (12) months, or one hundred (100) USD equivalent (or local currency) if you have paid nothing.
• We are not liable for:
  • Issues with AI-generated content quality or accuracy
  • Third-party service failures (Google AI, Lemon Squeezy, Supabase)
  • Your violation of third-party intellectual property rights
  • Loss of credits due to account termination for Terms violations
  • Any unauthorized access to your Account due to your failure to secure credentials

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless IngenAd and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your Generated Content or uploaded content
• Any false or misleading information you provide

14. Changes to Service and Terms

• We may modify these Terms or the service at any time. We will notify you via the Platform or email when there are material changes.
• If you do not agree with the changes, you may stop using the Platform and cancel your subscription.
• Continued use of the Platform after the effective date constitutes your acceptance of the new Terms.
• We may change pricing for subscriptions and credits with 30 days' notice for existing users.

15. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of [YOUR COUNTRY/STATE], without regard to its conflict of law provisions. The courts of [CITY, STATE/COUNTRY] shall have exclusive jurisdiction to resolve any dispute arising from this Agreement.

For users in the European Union, nothing in these Terms affects your rights as a consumer under applicable EU law.

16. Miscellaneous

• Severability: If any provision of this Agreement is deemed invalid or unenforceable, that provision shall be removed and the remainder shall remain in effect.
• No Waiver: Our failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Entire Agreement: These Terms, together with the Privacy Policy, constitute the complete agreement between you and IngenAd regarding the Platform.
• Assignment: You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.
• Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

17. Contact Information

If you have questions about these Terms, please contact us at:

Email: contact@ingenad.com

We will respond to your inquiries within a reasonable timeframe.

By using IngenAd, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.