Better AI Photos, operated by Better AI Apps, offers image generation and related services to you, the user, under the condition that you accept all of our set terms, including these Terms of Service and all related policies.
Thank you for using Better AI Photos. These Terms of Service (the “Agreement”) spell out what rights you have with respect to the Service generated images, and other assets, which you generate (the “Assets”), your use of the Services, and other important topics like arbitration. Please read it carefully. We have a privacy policy which outlines how we handle your data. This Agreement is entered into by Better AI Photos and the entity or person agreeing to these terms ("Customer") and governs Customer's access to and use of the Services.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If you do not agree to the Agreement, please stop using the Services.
Other documents referenced here may also bind Customer’s use of the Services, including the Community Guidelines.
1. Service Availability and Quality
Better AI Photos is constantly evolving the Services to make them better for you. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime, or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to you or your downstream customers for any harm caused by your dependency on the Service.
Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with the use of the Services.
Better AI Photos reserves the right to suspend or ban your access to the Services at any time, for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. Automated tools to access, interact with, or generate Assets through the Services are prohibited. Only one user may use the Services per registered account. Each user of the Services may only have one account. We reserve the right to investigate complaints or reported violations of our Terms of Service and take any action we deem appropriate.
2. Age Requirements
By accessing the Services, you confirm that you’re at least 13 years old and meet the minimum age of digital consent in your country. If you are old enough to access the Services in your country, but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf.
3. Your Information
By using the Services, you may provide Better AI Photos with personal information like your email address, user name, billing information, favorites, image outputs, and text prompts that you enter, or sample images that you upload to the Service. Our privacy policy outlines what we do with your personal information and the rights you have with respect to your personal information. Both parties agree to comply with all applicable data protection laws.
4. Copyright and Trademark
To the extent allowed by law and as between you and Better AI Photos, you own your Uploads, and Better AI Photos owns all Generations. Better AI Photos grants you the exclusive rights to reproduce and display such Generations and will not resell Generations that you have created, use Generations in any way, or assert any copyright in such Generations against you or your end users, provided that you comply with these terms and our Content Policy.
5. DMCA and Takedowns Policy
Better AI Photos uses an artificial intelligence system trained on public datasets to produce its Assets. Such Assets may be unintentionally similar to copyright protected material or trademarks you hold. We respect rights holders internationally. If you believe your copyright or trademark is being infringed by the Service, please write to support@betteraiapps.com and we will process your request.
6. Dispute Resolution and Governing Law
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES. The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in English in the United States.
7. Ownership
Customer retains full ownership of all photos and data uploaded, stored, or transmitted through our platform. We will not use, sell, rent, or otherwise exploit your photos or data without your explicit consent.
8. Payment and Billing
We may invoice you for your use of the Services through a third-party payment service provider. You are free to cancel your plan at any time. Upon cancellation or termination, any outstanding usage fees will be charged immediately. Refunds requested within 14 days of purchase are eligible for a full refund if the product has not been used.
9. Community Guidelines
Be kind and respect each other and staff. Do not create images or use text prompts that are inherently disrespectful, aggressive, or otherwise abusive. No adult content or gore. Sharing others’ creations without their permission is prohibited.
10. Limitation of Liability and Indemnity
We provide the service as is, and we make no promises or guarantees about it. You understand and agree that we will not be liable to you or any third party for any indirect damages. You are responsible for your use of the service.
11. Miscellaneous
Force Majeure. Neither party will be liable for failure or delay in performance caused by circumstances beyond its reasonable control. No Agency. This Agreement does not create any agency, partnership, or joint venture. Severability. If any part of this Agreement is invalid or unenforceable, the rest will remain in effect. No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does. Survival. Sections and obligations that reasonably should survive the termination of this agreement, will.
12. Free Credits Offer
12.1 Eligibility
- This offer is available exclusively to new users registering for the first time.
- Users who have previously received credits from us are not eligible.
12.2 Consent and Image Use Rights
- By agreeing to our terms and conditions and accepting the free credits, users grant BetterAI Photos a perpetual, irrevocable, royalty-free license to use any images uploaded to our service in the future.
- This license overrides any conflicting image use terms in our standard terms of service.
12.3 Offer Details
- Eligible users will be granted a number of free credits as stated in the promotional material or registration process.
- These credits can be utilized for generating images on our platform.
- Credits are non-transferable and cannot be exchanged for cash.
12.4 Offer Modification
- BetterAI Photos reserves the right to modify, suspend, or discontinue the free credits offer at any time without prior notice.
12.5 Liability
- Liability regarding the free credits offer is limited to the provision of the credits as described.
- We are not responsible for any loss or damage resulting from the acceptance or use of the free credits.
12.6 Acceptance
- Utilizing the free credits implies acceptance of these terms, including the image use rights as specified.