Terms of Service

Last updated: January 2025

1. Introduction

Welcome to ComicInk ("Service", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of the ComicInk website, applications, and services. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Account Terms

  • You must be at least 18 years old to use this Service.
  • You must provide accurate and complete information when creating an account.
  • You are responsible for maintaining the security of your account and password.
  • You are responsible for all activities that occur under your account.
  • You must notify us immediately of any unauthorized use of your account.
  • We reserve the right to suspend or terminate accounts that violate these Terms.

3. AI-Generated Content Disclaimer

IMPORTANT: ComicInk uses artificial intelligence to generate images and content. By using our Service, you acknowledge and agree to the following:

  • No Guarantee of Quality or Accuracy: AI-generated images may contain errors, inconsistencies, artifacts, distortions, or other imperfections. We do not guarantee that generated content will meet your expectations or be free from defects.
  • Credits Are Consumed Regardless of Output Quality: Credits are deducted when an image generation request is processed, regardless of whether you are satisfied with the result. This includes images with errors, unexpected outputs, or results that do not match your prompt.
  • No Refunds for AI Generation: Due to the computational resources required for AI image generation, credits consumed for generation requests are non-refundable, even if the output is unsatisfactory or contains errors.
  • Variability in Results: The same prompt may produce different results each time. We cannot guarantee consistency or reproducibility of AI-generated content.
  • Content Filtering: Our AI systems include content filters that may reject or modify certain prompts. Credits may still be consumed if a request is processed but filtered.

4. Credits and Payments

  • Credits are required to use AI image generation features.
  • Credit packs are one-time purchases and are non-subscription based.
  • Purchased credits never expire and remain in your account indefinitely.
  • Credits are non-transferable between accounts.
  • All prices are in US dollars unless otherwise stated.
  • We use third-party payment processors (Stripe) to handle transactions securely.
  • You agree to pay all charges incurred by your account at the prices in effect when such charges are incurred.

5. Refund Policy

Our refund policy is as follows:

  • Unused Credits: Refunds for unused credit purchases may be requested within 14 days of purchase, at our sole discretion.
  • Used Credits: Credits that have been used for image generation are non-refundable under any circumstances.
  • Partial Refunds: If you have used some credits from a pack, only the unused portion may be eligible for a refund (minus any applicable fees).
  • Failed Generations: If an image generation fails due to a system error on our end (not content filtering or AI limitations), please contact support for credit restoration.
  • Fraudulent Activity: We reserve the right to refuse refunds if we detect fraudulent activity or abuse of our refund policy.

6. Acceptable Use

You agree not to use the Service to:

  • Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable.
  • Create content that infringes on intellectual property rights of others.
  • Generate content depicting real individuals without their consent.
  • Create sexually explicit content involving minors or non-consensual scenarios.
  • Produce content that promotes violence, discrimination, or hatred.
  • Attempt to bypass content filters or safety measures.
  • Use the Service for any unlawful purpose or in violation of any applicable laws.
  • Interfere with or disrupt the Service or servers.
  • Attempt to gain unauthorized access to any part of the Service.
  • Use automated systems or bots to access the Service without permission.

7. Intellectual Property

Your Content

You retain ownership of any content you create using our Service, including prompts, stories, and the resulting AI-generated images. You grant us a limited license to store, display, and process your content as necessary to provide the Service.

Our Content

The ComicInk name, logo, and all related trademarks, service marks, and trade names are our property. The Service, including its design, features, and functionality, is protected by copyright and other intellectual property laws.

AI-Generated Content Rights

The legal status of AI-generated content ownership varies by jurisdiction. We make no representations about your exclusive ownership rights to AI-generated images. You use AI-generated content at your own risk regarding intellectual property claims.

8. Privacy

Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to the collection and use of your information as described in our Privacy Policy.

9. 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, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free. We do not warrant that the results obtained from use of the Service will be accurate or reliable. We do not warrant that the quality of any AI-generated content will meet your expectations.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMICINK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless ComicInk and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on the Service and updating the "Last updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Unused credits are not refundable upon account termination due to Terms violations.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved exclusively in the state or federal courts located in Washington State, and you consent to the personal jurisdiction of such courts.

15. Contact Us

If you have any questions about these Terms, please contact us at superhero@comicink.ai