Terms of Service

1. Introduction

Welcome to BranqAI ("Service", "we", "us", "our"). We provide an AI-powered image generation service using advanced models to create unique visual content ("Generated Images") based on user-provided text prompts ("Prompts"). By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, then you may not access the Service.

2. Service Description and Use

BranqAI allows you to generate images by submitting Prompts. You are responsible for the Prompts you provide and the subsequent use of any Generated Images.

You must be at least 18 years old or the age of legal majority in your jurisdiction to use our Service. If you are under 18, you may only use the Service with the consent and supervision of a parent or legal guardian.

3. User Responsibilities & Prohibited Conduct

You agree not to use the Service to create or disseminate any content that:

• Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Depicts or promotes illegal activities, self-harm, or gratuitous violence.
• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Constitutes child sexual abuse material (CSAM) or exploits, abuses, or endangers children.
• Attempts to generate personally identifiable information of individuals without their consent.
• Is designed to mislead or Deceive (e.g., "deepfakes" for malicious purposes).
• Violates any applicable local, state, national, or international law.

You are responsible for maintaining the confidentiality of your account and password, if applicable. We reserve the right to terminate accounts or remove content that violates these terms.

4. Intellectual Property Rights

Your Content: You retain ownership of the Prompts you submit to the Service.

Generated Images: Subject to your compliance with these Terms, you own the rights to the Generated Images you create using the Service. You are free to use them for any lawful purpose, including commercial use. However, you acknowledge that similar images may be generated for other users based on similar prompts, and we make no claim to uniqueness.

Our Service: We retain all rights, title, and interest in and to the Service, including all underlying software, technology (including the gpt-image-1 model architecture as implemented by us), and our branding (logos, names, etc.).

5. Payments and No Refund Policy

Access to certain features of the Service may require payment of fees. All fees are quoted in U.S. Dollars unless otherwise specified.

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS, UNUSED CREDITS, OR IF YOU ARE DISSATISFIED WITH THE GENERATED IMAGES.

We reserve the right to change our pricing and payment terms at any time.

6. Termination

We may terminate or suspend your access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

7. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE OPERATION OF OUR SERVICE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREIN.

AI image generation is a new technology and may produce unexpected, inaccurate, or offensive results. We do not guarantee that the Generated Images will meet your expectations or be fit for any particular purpose. You use the Generated Images at your own risk.

8. Limitation of Liability

IN NO EVENT SHALL BRANQAI, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE, INCLUDING GENERATED IMAGES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of [Your State/Country, e.g., California, United States], without regard to its conflict of law provisions.

10. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.