Last Updated: April 10, 2025
1. Acceptance of Terms
By accessing or using the Whimsy Brush website and services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
2. Service Description
Whimsy Brush provides AI-powered tools for transforming user-uploaded images into various artistic styles using third-party generative AI models (Google Gemini).
3. User Accounts
You may need to register an account (e.g., via Google Sign-in) to access certain features. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.
4. Acceptable Use
You agree not to use the Service to:
- Upload, generate, or share any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Upload images for which you do not have the necessary rights or permissions.
- Attempt to gain unauthorized access to the Service or its related systems or networks.
- Abuse any free credit or promotional offers, including creating multiple accounts for the purpose of obtaining additional free credits.
- Reverse engineer, decompile, or disassemble any portion of the Service.
5. AI Generation and Content
- User Responsibility: You are solely responsible for the prompts you provide and the images you upload to the Service.
- Accuracy Disclaimer: The AI-generated images are artistic interpretations created by a generative model (Google Gemini). **These images may contain inaccuracies, errors, artifacts, or unexpected results and should not be relied upon for factual accuracy.** Whimsy Brush does not guarantee the accuracy, suitability, or quality of generated images. Use the generated content at your own discretion.
- Ownership and License: Subject to your compliance with these Terms and any applicable terms of the underlying AI model provider (Google), you retain ownership rights to the specific images generated by you through the Service based on your uploaded content. You grant Whimsy Brush a limited license solely to process your uploads, generate images, and display the results to you within the Service.
6. Payments and Credits
- The Service operates on a credit system. Generating images consumes credits as indicated within the Service.
- Credits can be purchased through the Service. Payments are processed by Stripe, and are subject to Stripe's terms and conditions.
- **Refunds: All credit purchases are final and non-refundable.**
- We reserve the right to change the pricing and credit costs at any time.
- Free credits granted upon signup are for promotional purposes and may be subject to change or expiration.
7. Intellectual Property
The Service itself, including its "look and feel," logos, text, graphics, and software (excluding user-uploaded content and user-generated images as defined above), is the property of Whimsy Brush or its licensors and is protected by copyright and other intellectual property laws.
8. Disclaimers
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, OR NON-INFRINGEMENT. WHIMSY BRUSH DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. AS STATED ABOVE, AI-GENERATED CONTENT MAY BE INACCURATE OR CONTAIN ERRORS.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHIMSY BRUSH 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, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE, INCLUDING AI-GENERATED IMAGES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
10. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
11. Governing Law
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.
12. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of material changes on our website. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
13. Contact Us
If you have any questions about these Terms, please contact us at: artificiallybob@gmail.com