Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") govern your use of VEX's AI-powered photo enhancement platform (the "Service") operated by VEX AI ("we," "us," or "our"). 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 use the Service. Your continued use of the Service following the posting of changes to these Terms will constitute your acceptance of such changes.

Important AI Disclosure: Our Service uses artificial intelligence and machine learning technologies to process and enhance images. Please read these Terms carefully, particularly the sections on AI outputs, data usage, and limitations of liability.

What Our Service Does

VEX provides an AI-powered photo enhancement platform that uses machine learning models to improve, transform, and enhance photographs uploaded by users. Our Service is designed for personal and professional use, including dating profile improvement, social media content enhancement, and general photo optimization.

AI Technology Disclosure

EU AI Act Compliance: In accordance with Article 50 of the EU AI Act, we disclose that you are interacting with an AI system when using our Service. We utilize third-party AI platforms to process your images and generate enhanced outputs.

• AI Providers: Our Service uses Google Cloud Vision API (nanobanana) and OpenAI/ChatGPT models for image processing
• Inputs: Photographs and images you upload, along with enhancement parameters you select
• Outputs: Enhanced or transformed images generated by third-party AI models
• Operation: The AI processes images through third-party APIs, with human oversight available for quality assurance
• Limitations: These AI services are not designed for medical diagnosis, legal evidence verification, or other regulated professional uses without appropriate human review

AI Output Characteristics

AI-generated outputs are probabilistic and may vary between processing attempts. The same input may produce different outputs at different times. Outputs may contain imperfections, artifacts, or unintended modifications. You should review all outputs before use.

Age Requirement

You must be at least 18 years old to create an account and use our Service. By using our Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Security

You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this obligation.

One Account Per Person

You may not create more than one account without our express written permission. Each account is for individual use only and may not be shared.

Permitted Uses

You may use our Service for legitimate, lawful purposes, including:

• Enhancing personal photographs for personal use
• Improving images for social media, dating profiles, or professional portfolios
• Creating content for commercial purposes where you have rights to the original images
• Using outputs in accordance with applicable laws and regulations

Prohibited Uses

You agree not to use our Service to:

• Violate any applicable local, state, national, or international law
• Upload images containing child sexual abuse material or any illegal content
• Generate defamatory, fraudulent, or misleading content
• Impersonate any person or entity or misrepresent your affiliation
• Upload images of individuals without their consent where required by law
• Use the Service for harassment, stalking, or invasive privacy practices
• Attempt to reverse engineer, extract, or circumvent our AI models
• Use automated tools to abuse or overload the Service
• Generate content involving minors in harmful or inappropriate contexts
• Use AI outputs for automated decision-making in regulated contexts (employment, credit, healthcare) without appropriate human review
• Generate content that violates export control laws or sanctions

Consequences of Violation

We reserve the right to suspend or terminate accounts that violate this Acceptable Use Policy. We may also report violations to law enforcement or regulatory authorities as required by law.

Your Content

You retain ownership of all content you upload to our Service ("Your Content"). You represent and warrant that you have all necessary rights, permissions, and consents to upload Your Content and grant us the licenses described below.

License to Use Your Content

You grant us a non-exclusive, worldwide, royalty-free license to use, process, store, and analyze Your Content for the purpose of providing the Service. This license includes:

• Processing your images through our AI models
• Storing your content for the duration needed to provide the Service
• Using aggregated, anonymized data for service improvement and AI training (subject to your privacy settings)

AI-Generated Output Ownership

Important Notice: AI-generated outputs may not be eligible for copyright protection in certain jurisdictions, as they may be considered works without sufficient human authorship. You are granted a license to use outputs generated from Your Content for any lawful purpose.

We do not claim ownership of AI-generated outputs based on Your Content. However, you acknowledge that:

• Our AI may generate similar or identical outputs for different users
• Outputs may incorporate elements from our training data
• You are responsible for ensuring your use of outputs complies with applicable laws

Your Warranties

You represent and warrant that Your Content does not violate any third-party rights, including copyright, trademark, privacy, or publicity rights. You agree to indemnify us for any claims arising from Your Content.

Fees and Pricing

Our Service operates on a pay-as-you-go credit model. Credits are purchased as one-time, non-recurring payments. All fees are clearly displayed before purchase. New accounts receive 100 complimentary credits upon registration.

Credits

Credits are used to generate AI photos (approximately 10 credits per image). Purchased credits do not expire and are linked to your account. Credits are non-transferable and have no cash value.

Refund Policy

All credit purchases are non-refundable except as required by applicable law. If you believe a charge was made in error, contact us within 14 days and we will review your case.

Price Changes

We reserve the right to modify credit pack pricing at any time. Price changes apply to future purchases only and do not affect credits already purchased.

Payment Methods

We accept major credit cards and other payment methods through Stripe, our third-party payment processor. By providing payment information, you represent that you are authorized to use the payment method. We do not store your card details on our servers.

Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable for maintenance, updates, or technical issues beyond our control.

No Service Level Agreement

Unless you have a separate written agreement with us specifying service levels, we do not provide any service level commitments or uptime guarantees.

Modifications and Discontinuation

We reserve the right to modify, suspend, or discontinue the Service at any time with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

Our Intellectual Property

The Service, including all software, AI models, algorithms, text, graphics, logos, and designs, is owned by VEX AI and protected by copyright, trademark, and other intellectual property laws.

Limited License

We grant you a limited, non-exclusive, non-transferable license to use the Service for personal or commercial use in accordance with these Terms. You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or attempt to extract source code or AI models
• Remove or modify any proprietary notices on the Service
• Use the Service to create a competing product or service
• Access the Service using automated means except as expressly permitted

Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without restriction or compensation. You grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose.

AI Output Disclaimer

Critical Notice: AI-generated outputs are provided "as is" without warranties of any kind. Outputs may be inaccurate, incomplete, misleading, biased, or contain errors. You must independently verify all outputs before relying on them for any purpose, particularly for legal, financial, medical, or business decisions.

General Disclaimer

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, TITLE, AND NON-INFRINGEMENT.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• VEX AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• VEX AI'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• THE ABOVE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

Specific Exclusions

The liability limitations above do not apply to: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be limited by applicable law.

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

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content or any content you upload to the Service
• Any misuse of your account credentials

Termination by You

You may terminate your account at any time by accessing your account settings or contacting us. Upon termination, your right to use the Service will immediately cease.

Termination by Us

We may suspend or terminate your account at any time for any reason, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Fraudulent payment activity or chargebacks
• Suspicious or fraudulent activity
• Extended period of inactivity
• Regulatory requirements or legal obligations

Effect of Termination

Upon termination, we will delete your account data in accordance with our Privacy Policy, except as required by law. You will not be entitled to any refund of fees already paid.

Survival

Sections that by their nature should survive termination, including Intellectual Property, Limitation of Liability, Indemnification, and Governing Law, will survive termination of these Terms.

AI Service Providers

Our Service utilizes the following third-party AI platforms to process your images:

• Google Cloud Vision API (nanobanana): For image analysis and enhancement processing
• OpenAI/ChatGPT Models: For additional image processing and analysis capabilities

Data Transmission to Third-Party Providers

By using our Service, you acknowledge and agree that:

• Your uploaded images may be transmitted to Google and OpenAI for processing
• These third-party providers may process your data in accordance with their own privacy policies
• We are not responsible for the actions, policies, or data handling practices of third-party providers
• We may change AI providers at any time with notice to you

Provider-Specific Terms and Privacy Policies

You should review the terms and privacy policies of our AI service providers:

• Google Cloud Terms: cloud.google.com/terms
• Google Cloud Privacy: cloud.google.com/security/privacy
• OpenAI Terms of Use: openai.com/policies/terms-of-use
• OpenAI Privacy Policy: openai.com/policies

Your Acceptance

Your use of our Service constitutes acceptance of these third-party providers' terms and privacy policies where applicable. If you do not agree to these third-party terms, you should not use our Service.

Privacy Policy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal data. Please review our Privacy Policy carefully.

Third-Party AI Processing

Your data is processed by third-party AI providers (Google Cloud Vision API and OpenAI) to deliver our services. We do not use your data to train our own AI models. For information about how third-party providers may use your data, please refer to their respective privacy policies.

Data Security

We implement industry-standard security measures to protect your data. However, you acknowledge that no method of transmission over the internet is completely secure, and you provide your data at your own risk.

We may modify these Terms at any time. Material changes will be communicated through:

• Email notification to registered users
• Notice on our website
• In-app notifications

Continued use of the Service after changes constitutes acceptance of the modified Terms. If you do not agree to the changes, you must terminate your account and stop using the Service.

Regular Updates

Given the rapidly evolving nature of AI regulation, we may update these Terms more frequently than traditional software services. We encourage you to review these Terms regularly.

Governing Law

These Terms are governed by and construed in accordance with the laws of [Jurisdiction to be specified], without regard to its conflict of law provisions.

Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization to be specified]. The arbitration shall be conducted in [Location to be specified].

Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions, class-wide arbitrations, or representative proceedings.

EU User Rights

Nothing in these Terms limits your mandatory rights under EU consumer protection laws, including the right to bring disputes in your local courts.

If you have questions about these Terms of Service, please contact us:

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and VEX AI regarding the Service and supersede all prior agreements.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.