1. Agreement
These Terms of Service ("Terms") govern your access to and use of the Imagery website located at imagery.promptperfect.xyz, along with our applications, APIs, and related services (collectively, the "Service"), operated by Solo Tandem Bicycle, Inc. ("Imagery," "we," "us," or "our").
By creating an account, clicking to accept, or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that:
- you are at least 18 years old;
- you have the legal capacity to enter into these Terms;
- you are not barred from using the Service under applicable law; and
- if you use the Service on behalf of a company or other entity, you have authority to bind that entity to these Terms.
We do not permit minors to use the Service.
3. The Service
Imagery is an AI-assisted creative tool that may allow you to:
- submit prompts, answers, edit instructions, and other text;
- upload reference images or other files;
- receive follow-up questions and workflow guidance;
- generate or edit images using third-party AI providers;
- save generated images to a personal library;
- purchase and use credits for generations and edits; and
- access related support, billing, and account-management features.
The Service may change over time. We may add, remove, suspend, or modify features at any time.
4. Accounts and Security
You may need an account to use some or all of the Service. You agree to:
- provide accurate and current information;
- keep your login credentials and authentication methods secure;
- promptly update your account information if it changes; and
- notify us promptly at heyo@promptperfect.xyz if you believe your account has been accessed without authorization.
You are responsible for activity that occurs under your account, whether or not you authorized it, unless prohibited by applicable law.
5. Credits, Purchases, Billing, and Refunds
5.1 Credits
The Service uses credits for certain paid features. Unless we expressly say otherwise:
- one credit is consumed for one paid generation or one paid direct edit;
- credits are non-transferable;
- credits have no cash value;
- credits do not expire while your account remains open and in good standing; and
- credits are part of a limited license to use the Service, not stored monetary value.
5.2 Purchases
Prices, credit pack sizes, taxes, and billing terms may change prospectively. Purchases are processed through third-party payment processors, including Stripe. Your use of those payment services may also be subject to their terms and policies.
5.3 Refunds
Refunds are provided only at our discretion unless required by law. We may consider refunds in cases such as duplicate charges, technical failures, or other circumstances we determine appropriate.
5.4 Fraud, Abuse, Chargebacks, and Reversals
We may suspend transactions, withhold or revoke credits, or close accounts if we reasonably believe there has been:
- fraud or attempted fraud;
- abuse of the Service or billing system;
- a chargeback, payment reversal, or disputed payment; or
- a violation of these Terms or applicable law.
If a payment is reversed or charged back, we may revoke related credits, generated outputs, or access to paid features to the extent permitted by law.
5.5 Account Closure
If your account is closed by you or by us, any unused credits remaining in the account are forfeited and will not be carried forward, transferred, or redeemed for cash, except where required by law.
6. Customer Content
6.1 Definition
"Customer Content" means the prompts, answers, edit instructions, uploads, reference images, support-submitted materials, saved library content, and other content you submit to or store through the Service, as well as outputs generated specifically for your account.
6.2 Ownership of Your Inputs
As between you and Imagery, you retain any ownership rights you have in the Customer Content you submit to the Service, subject to the rights you grant to us in these Terms and the rights of third parties.
6.3 License You Grant to Us
You grant us and our service providers a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, display, modify as technically necessary, analyze, and process Customer Content solely as needed to:
- provide and operate the Service;
- generate, edit, save, and deliver outputs;
- respond to support requests;
- maintain security, detect abuse, and enforce these Terms;
- investigate fraud, complaints, takedown requests, or legal claims; and
- comply with law.
We do not use Customer Content to train our own general-purpose AI models or for advertising purposes.
6.4 Your Responsibilities
You are solely responsible for Customer Content you submit. You represent and warrant that:
- you own or have all rights, licenses, consents, and permissions needed to submit the Customer Content and authorize the uses described in these Terms;
- your Customer Content and use of the Service do not violate law or infringe, misappropriate, or otherwise violate the rights of any person or entity;
- you have obtained any necessary consents from people depicted in uploaded images or from rights holders in those materials; and
- if your Customer Content includes third-party likenesses, brands, logos, trademarks, copyrighted works, or other protected material, you have all rights and permissions needed for your use of the Service and any resulting outputs; and
- your Customer Content does not include material you are not authorized to upload or process.
7. Outputs
7.1 Ownership Between You and Imagery
As between you and Imagery, and to the extent permitted by law, we assign to you all of our right, title, and interest, if any, in outputs generated specifically for your account.
7.2 Important Limitations
You acknowledge and agree that:
- outputs may not be unique and other users may receive similar or identical outputs;
- outputs may be inaccurate, incomplete, offensive, or unusable;
- outputs may incorporate or reflect information from your prompts, uploads, or instructions;
- outputs may not be protectable by intellectual property law; and
- we do not guarantee that outputs are non-infringing, free of third-party claims, fit for any particular purpose, or cleared for trademark use, publicity or privacy rights, endorsement claims, or other commercial exploitation.
You are solely responsible for reviewing and determining whether you may use any output for your intended purpose, including whether you need legal review, consent, permissions, disclosures, attribution, or other clearances before publishing, selling, advertising, or otherwise using the output.
7.3 Disclosure and Authenticity
We do not require you to credit Imagery or any AI provider solely because you used the Service. However, you are responsible for complying with any disclosure, labeling, watermarking, attribution, or authenticity requirements imposed by law, regulation, platform rules, contracts, or the context in which you use the output.
You may not present AI-generated or AI-edited output as authentic documentary evidence, an unaltered photograph, or purely human-created content where doing so would be false, deceptive, or likely to mislead.
8. Acceptable Use
You may not use the Service to:
- violate any law or regulation;
- infringe, misappropriate, or violate intellectual property, privacy, publicity, or other rights;
- create, edit, upload, or distribute content depicting a real person, including a public figure, without all rights, consents, and permissions required by law;
- falsely imply affiliation, endorsement, sponsorship, participation, or approval by any person, organization, or public figure;
- upload or generate unlawful, defamatory, fraudulent, harassing, hateful, exploitative, or sexually abusive content;
- create or distribute deceptive impersonations, non-consensual intimate imagery, misleading deepfakes, or content intended to defraud or harass;
- use the Service to create or distribute deceptive political persuasion, election misinformation, or content intended to mislead people about civic processes or real-world events;
- upload malware, harmful code, or material designed to disrupt the Service;
- circumvent safety measures, access controls, rate limits, or billing controls;
- scrape, probe, reverse engineer, or otherwise attempt to derive source code, models, prompts, safety systems, or underlying components of the Service, except to the extent such restriction is prohibited by law;
- use the Service to develop a competing service or benchmark the Service for public disclosure without our prior written consent;
- use another person's account without permission; or
- interfere with the operation, security, or integrity of the Service.
We may monitor use of the Service as reasonably necessary to operate the Service, provide support, maintain security, investigate complaints, and enforce these Terms.
9. Intellectual Property; Takedowns; Repeat Infringers
Except for your rights in Customer Content and outputs as described above, Imagery and its licensors retain all rights, title, and interest in and to the Service, including software, workflows, branding, design, text, interfaces, and underlying technology.
If you believe content on the Service infringes your rights, contact us at heyo@promptperfect.xyz with sufficient detail for us to evaluate the claim. We may remove or disable access to allegedly infringing or unlawful content and may terminate accounts of repeat infringers or repeat violators.
We may preserve relevant records and cooperate with rights holders, law enforcement, courts, or regulators as required by law or as reasonably necessary to protect the Service and others.
10. Feedback
If you provide us with ideas, suggestions, comments, or feedback about the Service, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use and exploit that feedback for any lawful purpose without restriction or compensation to you. This section does not give us rights in your Customer Content beyond Section 6.
11. Third-Party Services
The Service depends on third-party providers, including authentication, cloud hosting, storage, payment processing, analytics, advertising, and AI providers. We are not responsible for third-party services or products, including their availability, performance, or acts or omissions.
Your use of third-party services may be subject to separate terms and privacy policies.
12. Suspension and Termination
We may suspend or terminate your access to all or part of the Service at any time, with or without notice, if we reasonably believe:
- you breached these Terms;
- you created legal, security, fraud, or reputational risk;
- your use of the Service is abusive, harmful, or unlawful;
- a payment or chargeback issue exists; or
- continued operation of the Service to you is no longer commercially or technically feasible.
You may stop using the Service at any time. Sections that by their nature should survive termination will survive, including sections concerning licenses, payments, ownership, disclaimers, limitations of liability, indemnity, dispute resolution, and enforcement.
13. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMAGERY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, OR RELIABILITY.
WE DO NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- CUSTOMER CONTENT WILL BE STORED OR AVAILABLE WITHOUT LOSS;
- OUTPUTS WILL BE ACCURATE, UNIQUE, NON-INFRINGING, OR SUITABLE FOR YOUR NEEDS; OR
- ANY DEFECTS OR FAILURES WILL BE CORRECTED.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- IMAGERY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; AND
- IMAGERY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO IMAGERY IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
15. Indemnification
You will defend, indemnify, and hold harmless Imagery, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- your Customer Content;
- your use of outputs;
- your use of the Service;
- your violation of these Terms; or
- your violation of any law or the rights of any person or entity.
16. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide notice as required by law or by posting an updated version with a new "Last Updated" date. Unless otherwise stated, changes become effective when posted.
If you continue using the Service after updated Terms become effective, you agree to the revised Terms.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules.
Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in Austin, Texas, and you and Imagery consent to personal jurisdiction and venue there.
18. General
These Terms constitute the entire agreement between you and Imagery regarding the Service and supersede prior or contemporaneous agreements on that subject.
If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce a provision is not a waiver of our right to do so later.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, in whole or in part, in connection with a merger, acquisition, corporate reorganization, financing, sale of assets, or by operation of law.
19. Contact
If you have questions about these Terms, contact:
Solo Tandem Bicycle, Inc.
Delaware C Corporation
Attn: Erich Hellstrom
1925 Grand Ave
Ste 129 PMB 88237
Billings, MT 59102 US
heyo@promptperfect.xyz
(864) 642-5907
imagery.promptperfect.xyz
