Terms of Service

These terms are an agreement between you and [OPERATOR LEGAL NAME], trading as [OPERATOR TRADE NAME], [REGISTERED ADDRESS] (tax office and number: [TAX OFFICE], [TAX NUMBER]; MERSIS: [MERSIS NUMBER, IF ANY]) ("we", "us"), the operator of Generatifiy at https://generatifiy.com.

By creating an account you agree to these terms. Please also read the Privacy Policy, the Refund and Cancellation Policy, which is part of these terms, and the Cookie and Tracking Notice. If you do not agree, do not use the service.

Generatifiy generates marketing images from a photo of your product. You upload a product photo, choose a scene, a format and an AI model, and receive one generated image per generation. The images are produced by third-party AI models (section 8).

The service is paid. There is no free plan, no free trial and no free credits. Creating an account, uploading photos and choosing a scene are free; generating an image requires an active plan with enough credits.

• The service is intended for businesses and for individuals who sell products. You must be at least 18 years old and able to enter into a binding contract.
• If you use the service for a company or another person, you confirm that you are authorised to accept these terms for them.
• You may not use the service if the law of your country forbids it or if we have closed an earlier account of yours for breaking these terms.

• Give accurate information when you sign up and keep your email address current: we use it for notices about your account.
• Keep your password confidential. You are responsible for what happens under your account; tell us at once if you think someone else has used it.
• One account is for one person or business. Do not share it or resell access to it.

Plans

Plans are monthly subscriptions. Every plan includes the same scenes, formats and models; plans differ only in the credits they include. Prices are in US dollars and exclude any tax that Polar adds at checkout according to where you are.

What an image costs

Each generation produces one image and uses the number of credits of the model you choose, shown before you generate:

How credits work

• Credits belong to the paid period. When your plan renews you receive that plan's credits, and any credits left from the period before expire. Unused credits do not carry over.
• No top-ups. Credits cannot be bought separately. If you run out, you can upgrade.
• No cash value. Credits are not money, cannot be exchanged for money, transferred or sold, and are not refunded as such when a plan ends. Refunds of payments are covered by the Refund and Cancellation Policy.
• Failed generations are returned automatically. If a generation fails for a technical reason, or is not finished after 5 minutes, the credits it used go back to your balance without you asking.
• "Product looks wrong" reports. If a finished image shows your product wrongly, you can report it once and the credits it used are returned. This is available up to 5 times in each billing period. The image stays in your account.
• A limited number of generations can be in progress at the same time.

Changing plan

• Upgrade. Takes effect immediately. Polar charges your payment method the difference between the two plans for the rest of the current period, and the difference in credits between the two plans is added to your balance at once. Your renewal date does not change.
• Downgrade. Takes effect at the next renewal. Until then nothing changes and nothing is charged; you can take the downgrade back before that date.

Renewal and cancellation

• Your plan renews automatically each month, and Polar charges your payment method for the new period, until you cancel.
• You can cancel at any time in Account. Cancelling stops the next renewal. You keep your plan and your remaining credits until the end of the period you already paid for; unused credits expire that day. Until that day you can take the cancellation back.
• If a renewal payment fails, generating is paused until the payment succeeds.
• After a plan ends you can no longer generate, but the images in your account stay available to view and download for as long as you keep the account.

Changes to plans and prices

We may change prices, the credits a plan includes or the credits a model costs. A change to what you pay or to the credits included in your plan applies from a later renewal only, and we will tell you by email at least 14 days before that renewal so that you can cancel if you do not agree. A change to what a model costs applies to generations started after the change.

Purchases are made through Polar (Polar Software, Inc.), which acts as the merchant of record. This means Polar is the seller of the subscription to you: Polar takes the payment, calculates, collects and remits any sales tax or VAT, and issues your invoice or receipt. Polar's own terms and privacy policy, shown at checkout, apply to the purchase. The charge on your card or bank statement is made by Polar and may show Polar's name.

We provide the service you bought, decide on plans and credits, and answer your questions about them. We never receive your card details. You can see invoices and change your payment method in Polar's customer portal, opened from Account.

If the payment for your current period is refunded in full, your plan ends at once, the credits you have left are removed, and the subscription is then ended at Polar, so it does not renew and you are not charged again. The Refund and Cancellation Policy sets out when payments are refunded and what other refunds do.

You agree that you will:

• upload only photos that you own or have the right to use, including the right to have them processed by AI models to create new images;
• upload photos of products only, without people, and without personal data of others;
• not upload or try to generate anything unlawful, deceptive, defamatory, obscene, hateful or infringing, including content that infringes someone else's trade mark, design, copyright or other rights, or that presents counterfeit goods;
• not use the results to mislead customers about what your product is, contains or looks like;
• not try to get around the service's limits, misuse the AI models, probe or disrupt the service, access other users' data, or use the service by automated means other than the interfaces we provide;
• not resell or offer the service itself to others.

We may remove content and suspend or close accounts that break these rules (section 11).

Your photos

You keep all rights in the photos you upload. You give us a non-exclusive, worldwide, royalty-free licence to store, copy, resize and transmit them, including to the AI model providers, solely to provide the service to you. The licence ends when the photo is erased from our systems. We do not use your photos or generated images to train AI models. What the providers may do is described in the Privacy Policy.

Generated images

As between you and us, the generated images are yours: we assign to you whatever rights we have in them, and you may use them for any lawful purpose, including commercially, subject to these terms and to the terms of the model providers.

Please understand the limits of what we can give:

• In many countries images created by AI may not be protected by copyright, or only in part. We cannot promise that you will hold exclusive rights in a generated image.
• AI models can produce similar images for different users. We do not promise that a result is unique.
• We do not check results against third-party rights. A generated scene could contain elements that resemble existing works, brands or designs. You are responsible for checking an image before you use it.

Our service

The website, the application, the scene descriptions, our brand and the example images are ours or our licensors'. These terms give you a right to use the service, not ownership of any part of it.

The images are generated by AI. The process is designed to keep your product as it is and change only its surroundings, but we do not guarantee that your product is reproduced exactly. A result may alter labels, text, logos, colours, proportions or shapes, and small text in particular can come out softer or different.

• Check every image carefully before you publish it or use it in advertising.
• You are responsible for making sure that the images you publish represent your product truthfully and comply with advertising and consumer law.
• If a result shows your product wrongly, the remedy is the report described in section 5, up to its limit.

• We work to keep the service available but do not promise that it will be uninterrupted or error-free. It depends on third-party providers and models that can be slow, unavailable or withdrawn.
• We may add, change or remove scenes, formats, models and features. If we remove something that materially reduces what a plan you already paid for offers, you may ask for a refund under the Refund and Cancellation Policy.
• We may change these terms. We will tell account holders by email or in the app before a significant change takes effect. If you keep using the service after that, you accept the change; if you do not agree, you can cancel.

• You may stop using the service at any time and ask us to delete your account by writing to support@generatifiy.com. Cancel your plan first, or it keeps renewing until the account is deleted.
• We may suspend or close your account, with notice where reasonable, if you seriously or repeatedly break these terms, if your use puts the service or others at risk, or if the law requires it.
• If we close the service or your account for a reason other than your breach, we will refund the part of the current period you could not use.
• When an account is closed, its photos and images are deleted as described in the Privacy Policy. Download what you want to keep beforehand.

To the extent the law allows, the service and the generated images are provided "as is" and "as available". We give no warranty that the results will meet your expectations, be accurate, be free of third-party rights, or be fit for a particular purpose. Nothing in this section removes rights that the law gives you and that cannot be excluded.

• We are not liable for indirect or consequential loss, loss of profit, revenue, goodwill or data, or for the cost of campaigns or products that used a generated image.
• Our total liability to you for all claims connected with the service in any twelve months is limited to the amount you paid for the service in those twelve months.
• We are not liable for failures caused by events beyond our reasonable control, including outages of our providers.

These limits do not apply to liability that cannot be limited by law, such as liability for intent or gross negligence, for death or personal injury, or towards consumers where mandatory law says otherwise.

If you use the service for purposes outside your trade or profession, you are a consumer, and mandatory consumer law protects you. Nothing in these terms limits rights that consumer law gives you and that cannot be waived, including under Turkish Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, and under the consumer law of the country you live in.

Right of withdrawal

Consumers normally have 14 days to withdraw from a contract made at a distance. The law makes an exception for services performed instantly in electronic form and for digital content delivered immediately: the service starts as soon as your plan is active and credits can be used at once, so the statutory right of withdrawal may not apply, or may end once you start using credits. Whether or not it applies to you, our Refund and Cancellation Policy gives every customer a refund on request within 14 days of a payment when no more than 5 credits of that period were used.

Complaints

Consumers in Türkiye may apply to the Consumer Arbitration Committee (Tüketici Hakem Heyeti) or the Consumer Court of their place of residence or of the place where the purchase was made, within the monetary limits announced each year by the Ministry of Trade. Consumers in the EU may also use the dispute-resolution bodies of their country.

These terms are governed by the laws of the Republic of Türkiye. The courts and enforcement offices of [CITY OF COMPETENT COURTS], Türkiye have jurisdiction over disputes arising from them. This does not take away a consumer's right to bring a case before the consumer bodies and courts of their own place of residence, or the protection of mandatory rules of the country where a consumer lives.

• If part of these terms is found invalid, the rest stays in force.
• If we do not enforce a right at once, we have not given it up.
• You may not transfer your account or this agreement without our consent. We may transfer it together with the service, and will tell you if we do.
• These terms are written in English and Turkish. Both versions are intended to say the same.

Support and billing: support@generatifiy.com. Privacy: privacy@generatifiy.com. Post: [OPERATOR LEGAL NAME], [REGISTERED ADDRESS].