Terms of Service

Last updated: March 2026

1. Acceptance of Terms

By accessing or using the Draftpie AI image generation service ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use the Service. These Terms constitute a legally binding agreement between you and Draftpie ("we," "us," or "our").

2. Description of Service

Our Service provides AI-powered image and video generation capabilities. Content is generated using third-party AI models and APIs including, but not limited to, Google Gemini, xAI Grok, fal.ai, and Kling. The quality, style, accuracy, and output of generated content may vary and is not guaranteed. We do not control and are not responsible for the output of third-party AI models. The Service may be modified, updated, or discontinued at any time without prior notice.

3. User Accounts

You must create an account to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use. We reserve the right to suspend, disable, or delete your account at any time, for any reason, with or without notice, including but not limited to suspected fraud, abuse, inactivity, or violation of these Terms. Upon account suspension or deletion, all associated data, content, credits, and storage may be permanently removed without the possibility of recovery.

4. Credits and Payments

The Service operates on a credit-based system. Credits are non-refundable except as required by applicable law or at our sole discretion. Unused credits may be forfeited if your account is terminated. Subscription credits are provided on a recurring basis and do not roll over between billing periods. We reserve the right to change credit pricing, packages, and the credit cost of features at any time. All payments are processed through Stripe and are subject to Stripe's terms of service. We are not responsible for payment processing errors, failed transactions, or billing disputes handled by Stripe.

5. Storage

The Service provides cloud storage for your generated content. Storage quotas vary by subscription tier. You acknowledge and agree that: (a) stored content may be lost, corrupted, or deleted due to technical errors, system failures, maintenance, security incidents, or any other reason, whether within or outside our control; (b) we are not a backup service and do not guarantee the preservation, integrity, or availability of any stored content; (c) storage URLs may be publicly accessible and you are solely responsible for any content you generate and store; (d) upon subscription cancellation or downgrade, content exceeding the applicable storage limit will be permanently deleted; (e) we may implement storage cleanup processes at any time that could affect your stored content. You are strongly encouraged to download and maintain your own backup copies of any content you wish to preserve.

6. Acceptable Use

You agree not to use the Service to:

  • Generate illegal, harmful, or offensive content
  • Create content that infringes on intellectual property rights
  • Generate deepfakes or non-consensual intimate imagery
  • Produce content depicting minors in any inappropriate context
  • Create content promoting violence, hatred, or discrimination
  • Circumvent any technical limitations, rate limits, or security measures
  • Resell, redistribute, or white-label the Service without authorization
  • Use automated systems, bots, or scripts to abuse the Service
  • Attempt to reverse-engineer, decompile, or extract the source code of the Service
  • Use the Service in any way that could damage, disable, or impair its operation

We reserve the right to determine what constitutes a violation of this section at our sole discretion and to take action including immediate account termination without refund.

7. Content Ownership

You retain ownership of the prompts you submit. Subject to compliance with these Terms, you own the images generated through the Service for commercial and personal use. However, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, store, reproduce, and process your content as necessary to provide, maintain, and improve the Service. We may use anonymized and aggregated usage data for analytics, research, and service improvement purposes. We make no representations regarding the uniqueness of AI-generated content — similar prompts from different users may produce similar results.

8. Intellectual Property

The Service, including its design, branding, features, and underlying technology, is owned by us and protected by intellectual property laws. AI-generated images may be subject to limitations based on the training data and models used by our third-party AI providers. You are solely responsible for ensuring your use of generated images complies with all applicable laws and does not infringe third-party rights. We make no warranty that generated content is free from third-party intellectual property claims.

9. Security and Data Loss

While we implement commercially reasonable security measures to protect the Service and your data, you acknowledge and agree that: (a) no system is completely secure and we cannot guarantee that the Service will be free from security vulnerabilities, unauthorized access, data breaches, hacking, or other security incidents; (b) in the event of a security breach or data leak, we shall not be liable for any damages, losses, or consequences arising from the unauthorized access to, disclosure of, or loss of your data, content, account information, or any other information; (c) your content, account data, prompts, generated images, and stored files may be permanently lost or exposed due to security incidents, hardware failures, software bugs, human error, natural disasters, third-party service outages, or any other cause; (d) we are not responsible for any actions taken by third parties who may gain unauthorized access to your content or data. We will make commercially reasonable efforts to follow current security best practices, but this does not constitute a guarantee of security.

10. Service Availability and Downtime

The Service is provided on an "as available" basis. We do not guarantee any specific uptime, availability, or response times. The Service may experience downtime due to maintenance, updates, third-party service outages (including but not limited to Supabase, Stripe, Google, fal.ai, and Vercel), technical failures, cyberattacks, or other causes beyond our control. We shall not be liable for any damages, lost credits, or losses resulting from Service downtime or unavailability. Credits used during failed generations will be refunded on a best-effort basis but are not guaranteed.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY, SYSTEM INTEGRATION, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT ANY CONTENT WILL BE PRESERVED, BACKED UP, OR RECOVERABLE. AI-GENERATED CONTENT MAY CONTAIN ERRORS, INACCURACIES, BIASES, OR UNEXPECTED RESULTS. WE DISCLAIM ALL LIABILITY FOR CONTENT GENERATED BY THIRD-PARTY AI MODELS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF CONTENT, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COST OF REPLACEMENT SERVICES, OR ANY DAMAGES ARISING FROM DATA BREACHES, SECURITY INCIDENTS, UNAUTHORIZED ACCESS, SYSTEM FAILURES, OR CONTENT LOSS, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU ACTUALLY PAID US IN THE THREE (3) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED US DOLLARS ($100). THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Indemnification

You agree to indemnify, defend, and hold harmless Draftpie and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Service; (b) content you generate, store, or distribute using the Service; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; or (e) your violation of any third-party rights, including intellectual property rights.

14. Account Termination and Data Deletion

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include, but are not limited to, violation of these Terms, suspected fraud, extended inactivity, legal requirements, or business decisions. Upon termination: (a) your right to use the Service ceases immediately; (b) we may permanently delete your account, all associated data, generated content, and stored files; (c) any remaining credits will be forfeited without refund; (d) we have no obligation to provide you with a copy of your data prior to deletion. We shall not be liable to you or any third party for any termination of your access to the Service.

15. Third-Party Services

The Service relies on third-party infrastructure and services including, but not limited to, Supabase (database and storage), Stripe (payments), Vercel (hosting), Google (AI models and authentication), xAI (AI models), and fal.ai (AI models). We are not responsible for the availability, performance, security, or policies of these third-party services. Outages, data loss, or security incidents at any third-party provider may directly affect the Service and your data. Your use of the Service is also subject to the terms and policies of these third-party providers.

16. Modifications to Terms and Service

We reserve the right to modify these Terms, the Service, its features, pricing, credit costs, storage quotas, and any other aspect of the Service at any time without prior notice. Changes to these Terms become effective immediately upon posting. It is your responsibility to review these Terms periodically. Continued use of the Service after any changes constitutes your acceptance of the modified Terms. If you do not agree with any changes, your sole remedy is to stop using the Service.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which we operate, without regard to conflict of law principles. Any dispute arising from or relating to these Terms or the Service shall be resolved exclusively in the courts of that jurisdiction. You waive any objection to jurisdiction and venue in such courts. To the extent permitted by law, you agree to resolve disputes individually and waive any right to participate in class action lawsuits or class-wide arbitration.

18. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

19. Contact

If you have questions about these Terms of Service, please contact us at support@draftpie.com.

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