Terms & Conditions of Maxstudio AI

Image Editing Tool Service

1. Introduction

Welcome to Maxstudio, an innovative online platform offering AI-powered image editing tool services. These Terms & Conditions (“Terms”) set forth the rules and obligations governing your use of our services and define the legal relationship between you and Maxstudio. By accessing or utilizing our services, you agree to comply with and be bound by these Terms.

2. Definitions

For clarity, the following terms have specific meanings within this document:

3. Our Services

a. Access and Permissions

Maxstudio grants you a non-exclusive, non-transferable permission to use our services for personal or commercial purposes, provided you adhere to these Terms.

b. AI Technology Considerations

Our services rely on advanced AI technology, which is subject to ongoing development. As a result, AI outputs may differ from one use to another and might not always align with your expectations. You acknowledge this variability and accept responsibility for verifying that AI outputs meet your needs, especially in situations requiring high accuracy.

c. Service Standards and Refund Policy

Services are offered “as-is,” meaning refunds are not available for AI outputs that fail to meet your expectations, unless mandated by law.

d. No Additional Guarantees

We provide no warranties beyond what is expressly stated here, including implied warranties of merchantability or fitness for a specific purpose.

e. Age Limit

You must use this service only if you are at least 18 years of age or the minimum age required to enter into contracts in your jurisdiction, whichever is greater.

f. Location of Our Servers and Processing

Our processing servers are located in India, and all processing services are conducted exclusively from India.

4. Image Handling and Privacy

a. Image Retention

Images you upload are automatically deleted within 90 days of processing (or sometimes it may get deleted sooner than 90 days), unless you explicitly allow their use for AI training (see below).

b. Permission for AI Training

i. USA and Non-EU Users: By uploading images and using our service, you grant us permission to use those images to train and improve our AI systems. This permission takes effect immediately upon use, and your images will not be linked to you during training. To opt out, email us at [email protected].

ii. EU Users: Under GDPR, we'll ask for your explicit consent through a clear prompt when you first upload an image. If you agree, your images may be used to enhance our AI. You can adjust your consent settings anytime via your account or by contacting [email protected].

c. Restrictions on Sensitive Content

Do not upload images containing personal, confidential, or sensitive information, such as identity documents, financial details, or anything deemed inappropriate.

d. Ownership Rights

You may only upload and edit images you own or have legal permission to modify. Using copyrighted or third-party content without authorization is prohibited.

e. Data Practices for EU Users

Images are deleted within 90 days unless you consent to AI training, in which case they're retained for up to 12 months solely to improve our AI.

EU users can exercise GDPR rights (e.g., access, correction, or deletion of data) by reaching out to [email protected].

5. Prohibited Uses

a. Inappropriate Content

You may not use our services to create, upload, or edit images that are offensive, discriminatory, or degrading to any person or group, including hate speech or content targeting public figures.

b. Account Suspension

We may terminate your account without refund if you breach these Terms, including engaging in prohibited activities.

6. Payment Terms

a. Payment Handling

InfinityCorp LLC processes all payments for our services using third party payment processing software such as Stripe. By continuing, You agree to Stripe's Policies also.

b. Payment Responsibilities

You must ensure payments are completed fully and on time. Late or incomplete payments may lead to suspension or termination of your access.

c. No Refunds for Violations

If your account is terminated due to a breach of these Terms, no refunds will be issued unless required by law.

7. Intellectual Property

a. Our Rights

Maxstudio and its licensors own all intellectual property related to our services, including the AI technology and software.

b. Your Content

You retain ownership of the images you upload. By uploading them, you grant us a non-exclusive, royalty-free license to process them for service delivery and, if consented, AI training. This does not affect your ownership rights.

8. Disclaimer of Warranties

a. No Assurances

Our services come with no warranties, whether express or implied, including merchantability or fitness for a particular use.

b. Limited Liability

Maxstudio and its affiliates are not liable for indirect, incidental, or consequential damages arising from your use of our services.

9. Dispute Resolution

a. First Steps

If you have a concern or dispute about our services or these Terms, please contact us first at [email protected]. We'll work with you to resolve the matter within 30 days.

b. Arbitration

Unresolved disputes will proceed to binding arbitration under the American Arbitration Association (AAA) rules. The process will take place in Wilmington, Delaware, USA, with costs split evenly unless the arbitrator decides otherwise. If you are from EU, we can choose any other arbitrator as per EU arbitration rules.

c. Court Action

If arbitration doesn’t settle the issue, legal action may be pursued in Wilmington, Delaware courts. EU Residents: If arbitration doesn’t work out, you can file claims in your local courts under EU consumer laws. Notify us at [email protected] within 30 days of agreeing to these Terms to opt out.

10. Governing Law

These Terms are governed by Delaware, USA law, excluding its conflict of law rules.

11. Changes to Terms

a. Updates

We may revise these Terms as needed. Significant changes will be shared with you at least 30 days in advance for your review.

b. Your Responsibility

Please check these Terms periodically to stay informed of updates.

12. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect the enforceability or validity of any other provision of these Terms in that jurisdiction or any other jurisdiction. The invalid, illegal, or unenforceable provision shall be deemed modified to the extent necessary to render it valid and enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms.

13. Contact Us

If you have questions, need support, or wish to exercise your rights, email us at [email protected].

By using Maxstudio’s services, you confirm your understanding and acceptance of these Terms & Conditions.