Terms of Use

1. Acceptance of Terms

These Terms of Use constitute a legal agreement between you ("User," "you," or "your") and Spellpix ("we," "us," or "our"), governing your use of the Platform, including all related services, features, and functionalities. By creating an account, purchasing credits, or using our AI-powered image transformation services, you agree to be legally bound by these Terms and our Privacy Policy.

2. Eligibility

You must be at least 13 years old to use this Platform. If you are under 18 years of age, you must have the consent of a parent or legal guardian to use our services. By using the Platform, you represent and warrant that you meet all eligibility requirements and have the legal capacity to enter into these Terms.

3. Services Provided

Spellpix provides AI-powered image transformation services, including but not limited to:

• Image Restoration: Restore old or damaged photos
• Generative Fill: Expand images or fill missing parts with AI-generated content
• Object Removal: Remove unwanted objects, people, or imperfections
• Object Recolor: Change colors of objects while maintaining natural appearance
• Background Removal: Extract subjects from backgrounds
• Background Replacement: Replace backgrounds using text descriptions
• Image Upscaling: Enhance image resolution and quality
• Text-to-Transformation: Transform images based on text prompts

We reserve the right to add, modify, or discontinue any service at any time without prior notice.

3.1 AI-Powered Technology

All transformation services provided by Spellpix are powered by artificial intelligence (AI) and machine learning algorithms. By using our services, you acknowledge and agree that:

• AI-generated results are probabilistic and may vary in quality and accuracy
• Results may not always meet your expectations or requirements
• AI systems can produce unexpected, imperfect, or unintended outputs
• The technology is continually evolving and improving, but is not infallible
• Results depend on multiple factors including input image quality, complexity, and AI model limitations

3.2 No Guarantee of Results

Spellpix does not guarantee specific results, quality, or accuracy of any AI-generated transformation. We provide the tools and technology "as is," and the quality of output may vary significantly based on input images and the nature of the requested transformation. You accept full responsibility for evaluating whether the results meet your needs before using them for any purpose.

4. Credit System

4.1 Credit Usage

Our Platform operates on a credit-based system. One (1) credit equals one (1) AI image transformation action. Credits are consumed each time you use any of our AI-powered tools to process an image.

4.2 Free Credits

We offer the following free credits:

• Daily IP-Based Credits: Users receive 2 free credits per day based on their IP address, regardless of account status
• New Account Bonus: New registered users receive a one-time bonus of 10 credits upon account creation
• Referral Credits: Users can earn 10 additional credits for each successful referral when a referred user creates an account and completes their first transformation

4.3 Credit Validity

Purchased credits do not expire and remain in your account indefinitely. Free credits (daily, bonus, and referral) are subject to account activity and may expire if the account remains inactive for more than 12 consecutive months.

4.4 Credit Non-Transferability

Credits are non-transferable and cannot be exchanged for cash, refunded, or transferred to another account under any circumstances.

5. Purchases and Payment

5.1 Credit Packages

Credits can be purchased in the following packages:

• 10 Credits - USD $1.00 (USD $0.10 per credit)
• 25 Credits - USD $2.25 (USD $0.09 per credit)
• 100 Credits - USD $7.00 (USD $0.07 per credit)
• Custom amounts with tiered pricing based on quantity

5.2 Pricing

Current pricing per credit based on purchase quantity:

• 1-24 credits: USD $0.10 per credit
• 25-49 credits: USD $0.09 per credit
• 50-99 credits: USD $0.08 per credit
• 100+ credits: USD $0.07 per credit

All prices are in United States Dollars (USD). We reserve the right to modify pricing at any time, but changes will not affect credits already purchased.

5.3 Payment Processing

Payments are processed through secure third-party payment processors. You agree to provide accurate and complete payment information. You are responsible for all charges incurred under your account, including applicable taxes.

5.4 No Refunds Policy

All credit purchases are final and non-refundable. Once credits are added to your account, they cannot be refunded, exchanged for cash, or transferred. This includes cases where credits are unused or partially used. In exceptional circumstances involving technical errors or unauthorized charges, please contact our support team within 7 days of the transaction.

5.5 Failed Transformations

If an image transformation fails due to a technical error on our end, the consumed credit will be automatically refunded to your account. User errors, invalid image formats, or images violating our content policy are not eligible for credit refunds.

6. User Responsibilities and Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Notify us immediately of any unauthorized access or security breach
• Not share your account credentials with others
• Not use the Platform for any unlawful purpose
• Not attempt to circumvent our credit system or abuse free credit offerings
• Not use automated systems or bots to access or use the Platform
• Not interfere with or disrupt the Platform or servers

7. Content Policy and Prohibited Uses

7.1 Prohibited Content

You may not upload, process, or create images that contain:

• Illegal content or content that violates any applicable laws
• Content depicting or promoting violence, hatred, or discrimination
• Adult content, pornography, or sexually explicit material
• Content depicting minors in inappropriate situations
• Content that violates third-party intellectual property rights
• Content containing personal information of others without consent
• Deepfakes or manipulated media intended to deceive or harm
• Content that promotes illegal activities or substances

7.2 Content Monitoring

We reserve the right to monitor, review, and remove any content that violates these Terms. Automated systems may flag potentially prohibited content for review.

7.3 User Content Ownership

You retain all ownership rights to the images you upload. By using our services, you grant Spellpix a limited, non-exclusive license to process, store, and display your images solely for the purpose of providing our services. We do not claim ownership of your content.

7.4 Transformed Images

You own the transformed images generated through our Platform. However, you are solely responsible for ensuring that your use of both uploaded and transformed images complies with all applicable laws and does not infringe on third-party rights.

8. Intellectual Property Rights

All content, features, functionality, trademarks, service marks, logos, and intellectual property displayed on the Platform are the exclusive property of Spellpix or its licensors. This includes but is not limited to:

• The Spellpix name, logo, and branding
• Website design, layout, and user interface
• AI models, algorithms, and underlying technology
• Software, code, and technical infrastructure
• Documentation, tutorials, and educational content

You are not permitted to copy, reproduce, distribute, modify, create derivative works, publicly display, or exploit any Platform content without explicit written permission from Spellpix.

9. Service Availability and Performance

While we strive to maintain high availability, we do not guarantee that the Platform will be:

• Available at all times without interruption
• Error-free or free from bugs, viruses, or other harmful components
• Compatible with all devices, browsers, or operating systems
• Able to meet specific transformation quality expectations

We reserve the right to modify, suspend, or discontinue any aspect of the Platform at any time, including during scheduled maintenance or emergency repairs.

10. Account Termination and Suspension

10.1 Termination by Spellpix

We reserve the right to suspend or terminate your access to the Platform immediately, with or without notice, for any reason, including but not limited to:

• Breach of these Terms of Use
• Violation of our Content Policy
• Fraudulent activity or abuse of the credit system
• Uploading prohibited content
• Harassing other users or our staff
• Attempting to compromise Platform security

10.2 Effect of Termination

Upon termination, your access to the Platform will be immediately revoked. Any unused credits in your account will be forfeited without refund. You remain liable for any obligations incurred prior to termination.

10.3 Voluntary Account Deletion

You may request account deletion at any time by contacting our support team. All unused credits will be forfeited, and this action is irreversible.

11. Privacy and Data Protection

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your personal information and uploaded images. By using Spellpix, you consent to our data practices as described in the Privacy Policy. We implement industry-standard security measures but cannot guarantee absolute security of your data.

12. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Warranties regarding accuracy, reliability, or quality of AI transformations
• Warranties that the service will be uninterrupted, secure, or error-free
• Warranties regarding the results or outcomes of using our services

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

13. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPELLPIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, or goodwill
• Service interruptions or data loss
• Unauthorized access to or alteration of your content
• Statements or conduct of third parties on the Platform
• Any damages resulting from your use of or inability to use the Platform

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR USD $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the limitation of liability for incidental or consequential damages, so these limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Spellpix and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Platform
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Content you upload, process, or create using our services
• Any fraudulent or illegal activity associated with your account

15. Governing Law and Dispute Resolution

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of law principles.

15.2 Jurisdiction

Any legal action or proceeding arising out of or relating to these Terms or the Platform shall be brought exclusively in the courts located in the State of Amazonas, Brazil, and you consent to the personal jurisdiction of such courts.

15.3 Dispute Resolution

Before initiating any legal proceedings, you agree to first contact us to attempt to resolve any dispute informally. We will make good faith efforts to resolve disputes amicably within 30 days of notification.

16. Changes to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. Material changes will be effective upon posting on this page, with the "Last updated" date revised accordingly. Your continued use of the Platform after any changes constitutes acceptance of the new Terms. We encourage you to review these Terms periodically. If you do not agree to the modified Terms, you must stop using the Platform.

17. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to reflect the parties' intention to the maximum extent permitted by law. All other provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on the Platform, constitute the entire agreement between you and Spellpix regarding your use of the Platform and supersede all prior agreements and understandings.

19. Contact Information

If you have any questions, concerns, or complaints regarding these Terms of Use, please contact us at: