Terms of Service

Terms governing your use of AI Christmas Image

2025/10/16

📜 Terms of Service (the “Agreement”)

These Terms of Service (this “Agreement”) form a binding contract between you or the entity you represent (“Customer,” “you,” or “your”) and AI Christmas Image (“Provider,” “we,” “us,” or the “Platform”). This Agreement governs your access to and use of our websites, apps, and related online services (collectively, the “Services”). Unless expressly agreed in writing otherwise, the Services under this Agreement are intended for business/commercial use and not for personal/consumer use.

By clicking “Continue,” creating an account, or otherwise accessing/using the Services on or after the Effective Date, you: (A) acknowledge that you have read and understood this Agreement; (B) represent and warrant that you have the right, power, and authority to enter into this Agreement (and, if acting on behalf of an entity, you are duly authorized to bind such entity); and (C) accept this Agreement on your own behalf or on behalf of such entity. If you do not agree with any part of this Agreement, do not access or use the Services.

1. Definitions

1.1 “Aggregated Statistics.” Statistical and performance information compiled by us regarding use of the Services, presented in anonymized, de-identified, and aggregated form (see Section 2.3).

1.2 “Service Suspension.” Has the meaning set forth in Section 2.6.

1.3 “User Input (AI Customer Input).” Information, data, materials, text, prompts, images, works, code, or other content uploaded, submitted, transmitted, or otherwise provided via the Services by Customer or any Authorized User.

1.4 “Generated Output (AI Customer Output).” Information, data, materials, text, images, code, works, or other content generated or otherwise output by the Services in response to User Input.

1.5 “AI Technologies.” Machine learning, deep learning, and related AI technologies (including LLMs/diffusion models), algorithms, neural networks and their software implementations, and related hardware capable of generating content (text, images, audio/video, code) from prompts.

1.6 “AUP (Acceptable Use Policy).” The compliance and usage requirements described in Section 3.

1.7 “Confidential Information.” Has the meaning set forth in Section 6.

1.8 “Customer Data.” Collectively, User Input and Generated Output; excludes Aggregated Statistics.

1.9 “Training Data.” Information, data, materials, text, prompts, images, and other content used by us to train, validate, test, retrain, or improve AI Technologies used in or with the Services.

1.10 “Platform IP.” The Services, documentation, and all related technology/models/algorithms/interfaces/code and improvements, together with all associated intellectual property rights provided or made available by us (excluding Customer Data). Platform IP includes modifications, enhancements, derivative works, and non-personal insights derived from monitoring Service usage (excluding Customer Confidential Information and Personal Information).

1.11 “Third-Party Products.” Third-party products, technologies, content, data, services, information, websites, or materials included in, integrated with, or accessible via the Services (including third-party AI technologies).

2. Access and Use

2.1 Access Grant. Subject to this Agreement and applicable laws, we grant you a limited, non-exclusive, non-transferable, revocable license during the term for your internal business purposes by Authorized Users. We will provide necessary account and access credentials.

2.2 Restrictions. You shall not (and shall not permit or assist any person to):

  • copy, modify, or create derivative works of the Services;
  • rent, lease, lend, sell, assign, license, sublicense, distribute, or otherwise make the Services or documentation available to any third party;
  • reverse engineer, decompile, disassemble, decode, probe, or attempt to derive models, model weights/parameters, source code, or algorithms;
  • use the Services or any Generated Output to train, retrain, or improve any other AI model or technology;
  • scrape, harvest, bulk-export, or otherwise extract data from the Services or outputs;
  • remove or alter any proprietary notices, attribution, provenance, or rights statements;
  • use the Services for unlawful, infringing, fraudulent, harassing, or otherwise improper purposes, or upload unauthorized personal/sensitive data, portraits, or images of others;
  • submit, process, or store Personal Information via the Services without required legal basis, notices, and consents under applicable law.

2.3 Aggregated Statistics. We may monitor use of the Services and generate anonymized and de-identified Aggregated Statistics to operate, maintain, secure, and improve the Services. We own all rights, title, and interest in such Aggregated Statistics; we will not identify Customer therein nor disclose Customer Confidential Information.

2.4 Reservation of Rights. Except for the limited rights expressly granted herein, all rights are reserved by us. Third-Party Products are subject to their own terms.

2.5 Third-Party Products. Where the Services integrate or link to Third-Party Products, you must accept and comply with applicable third-party terms/policies. If pass-through terms are required, we will reasonably surface them, and you shall comply.

2.6 Service Suspension. We may temporarily suspend access to all or part of the Services if: (i) security risk, attack, or instability affects us, the Platform IP, or other customers/suppliers; (ii) unlawful, abusive, or fraudulent use is detected; (iii) required by law, regulation, or court/authority order; (iv) you enter bankruptcy/insolvency/assignment for the benefit of creditors or similar proceedings; (v) you or an Authorized User materially breach this Agreement or the AUP; (vi) a critical third-party provider suspends or terminates essential services. We will use commercially reasonable efforts to notify you and restore access once the cause is remedied. We are not liable for any losses, liabilities, lost profits, data loss, or other consequences resulting from any suspension.

3. Customer Responsibilities & AUP

3.1 Compliance & Policies. You must comply with this Agreement, the AUP, applicable laws/regulations, and any guidelines, standards, and policies we may publish from time to time on the site.

3.2 Accounts & Authorized Users. You are responsible for all activities under your accounts/credentials, including acts and omissions of Authorized Users. You shall take reasonable steps to ensure Authorized Users are aware of and comply with this Agreement.

3.3 Careful Use of Outputs. You are solely responsible for the accuracy, legality, and suitability of Generated Output. Before public, commercial, or decision-making use, you must conduct appropriate human review and validation.

3.4 Credential Security. Keep accounts, passwords, keys, and tokens secure. Notify us promptly of any unauthorized access or suspected compromise.

4. Fees, Subscriptions, and Refunds

4.1 Fees/Subscriptions. Paid features/plans require on-time payment. Plan type, billing cycle (monthly/annual), and auto-renewal follow what you select at checkout.

4.2 Free Trials. If a free trial is offered, charges begin automatically at the end of the trial unless canceled beforehand.

4.3 Usage Limits & Price Changes. To ensure fair access and capacity management, we may reasonably adjust rate limits, quotas, or pricing. Changes take effect in the next billing cycle.

4.4 Refunds. Given the nature of AI-generated digital services, payments are non-refundable unless required by law or otherwise expressly stated in writing.

4.5 Purchases & Payments. You represent that payment information is true, lawful, and authorized. We may use third-party processors to handle payments and share necessary data per our Privacy Policy.

5. Intellectual Property and Data

5.1 Platform IP. The Services, models, algorithms, interfaces, documentation, and derivative improvements are owned by us or our licensors. No ownership is transferred to you.

5.2 Customer Data (Input/Output). As between you and us, you retain rights to your User Input and Generated Output (subject to any embedded Platform IP/third-party content restrictions). You grant us a non-exclusive, royalty-free, worldwide license to: (a) process Customer Data to operate, maintain, and improve the Services; and (b) use anonymized/de-identified signals for analytics and performance optimization. We may delete or block data that violates law or this Agreement.

5.3 Training Data. Unless otherwise agreed in writing and with required authorizations/legal bases, we will not use identifiable Customer Data directly as Training Data. We may use aggregated/anonymous signals (e.g., error types, latency metrics) to improve the Services.

5.4 Feedback. Suggestions/ideas/requests you or your Authorized Users provide (“Feedback”) are non-confidential. You irrevocably grant us a perpetual, worldwide, royalty-free license to use and implement Feedback without compensation or attribution.

6. Confidentiality and Privacy

6.1 Confidential Information. Information disclosed by one party to the other that is marked confidential or should reasonably be understood as confidential given its nature and context is “Confidential Information,” including business/technical information, trade secrets, security measures, and Customer Data. Exclusions include information that is public, already known by the recipient, lawfully received from a third party without duty of confidentiality, or independently developed by the recipient. The recipient may disclose Confidential Information only to personnel with a need-to-know under confidentiality obligations and solely to perform under this Agreement. If legally compelled to disclose, and where permitted, the recipient will give prior notice and seek protective measures. Confidentiality survives five (5) years from initial disclosure; for trade secrets, for as long as they remain trade secrets.

6.2 Privacy Policy. Personal data is handled under our Privacy Policy (see /privacy). By using the Services, you acknowledge and accept the Privacy Policy.

7. Disclaimers and Limitation of Liability

To the maximum extent permitted by law: (a) THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY (INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, OR NON-INFRINGEMENT); (b) WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION; (c) IN ALL EVENTS, OUR AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY (IF ANY).

8. Term, Termination, and Survival

8.1 Term. This Agreement is effective as of the Effective Date and continues until terminated by either party as permitted herein.

8.2 Termination/Suspension for Breach. We may terminate or suspend the Services/accounts for a material breach uncured within thirty (30) days after written notice.

8.3 Effect of Termination. Termination does not affect accrued payment obligations or sections intended to survive. We may, within a reasonable period (if applicable), offer data export options before deleting or anonymizing Customer Data, except where retention is required by law.

8.4 Survival. Sections 2.2, 2.3, 2.6, 3, 4 (unpaid amounts), 5, 6, 7, 8.3, 8.4, 9, 10, 11, and 12 survive termination.

9. Changes to these Terms (Added)

We reserve the right to modify these Terms at any time. If we make changes, we will provide notice by posting the updated Terms on this page and update the effective date. Where required by law or regulation, we may also prompt for renewed consent (e.g., banner, email, in-product notice). Your continued use of the Services after updates constitutes acceptance of the revised Terms.

10. Governing Law and Dispute Resolution

This Agreement is governed by the laws of [select: the People’s Republic of China / your chosen jurisdiction], without regard to conflict-of-laws rules. Disputes arising out of or relating to this Agreement shall first be negotiated in good faith; failing which, they shall be submitted to the exclusive jurisdiction/arbitration of [insert court or arbitral body and venue].

11. Export Control and Compliance

You will not use, export, or transfer the Services or any technical data in violation of applicable export control, sanctions, or anti-terrorism laws, and will not provide access to sanctioned parties or embargoed regions.

12. Miscellaneous

This Agreement constitutes the entire agreement between the parties regarding its subject matter. If there is a conflict with an order/SOW/supplement, the more specific or later-executed document controls. No waiver is effective unless in writing. If any provision is held invalid, the remainder remains in full force and effect.

13. Contact Us

Questions about these Terms or your rights? Contact us at: Email: support@aichristmasimage.com