Terms of Service | ernie image

Introduction and Acceptance of Terms

Welcome to ernie image. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree with any of these terms, please do not use our service.

Use of the Service

ernie image provides users with AI-powered image generation and related creative tools. You agree to use the service in accordance with all applicable local, state, national, and international laws and regulations.

User Accounts and Registration

1. Account Creation: To access certain features of the service, you need to create an account. You must provide accurate and complete information during the registration process.

2. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. User Responsibilities: You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

Content and Intellectual Property Rights

All content provided through ernie image, including but not limited to software, user interface elements, documentation, and branding assets, is protected under applicable intellectual property laws.

• You acknowledge that you do not own the underlying technology or intellectual property that makes up the ernie image service, and you agree to respect the intellectual property rights of ernie image and any third parties.
• While you retain ownership of your own inputs and lawful customizations, the ernie image platform, models integrations, and related materials remain the property of ernie image and its licensors.

Generated outputs and commercial use

• You are responsible for your prompts and any reference uploads, including securing rights for recognizable people, brands, logos, or copyrighted characters where required.
• Rights to use AI-generated images commercially may depend on your plan, the applicable third-party model or inference provider terms, and the laws in your jurisdiction. When in doubt, review the latest in-product disclosures and provider policies.
• Nothing in these Terms grants a license to third-party trademarks or copyrighted works that may appear in outputs. Do not use outputs in a way that infringes others’ rights.

Prohibited Activities

You agree not to engage in any of the following prohibited activities while using ernie image:

• Unauthorized access to or distribution of our proprietary code and templates
• Reselling or redistributing ernie image software or services without authorization
• Interfering with or disrupting the security or performance of the service
• Using the service for any illegal or unauthorized purpose
• Attempting to bypass any security features of the service

Privacy and Data Collection

ernie image collects the following types of data:

• Account Information: Information you provide when creating an account
• Usage Details: Data related to your activity on our service
• Device Information: Information about the device you use to access our service
• Cookies: Data that helps us enhance your experience with our service
• Payment and Billing Information: Data necessary to process payments

For more details on data collection practices, please refer to our separate Privacy Policy.

Pricing and Payments

• All purchases are final and non-refundable unless otherwise required by law
• Prices are subject to change with notice to users
• You agree to pay all charges associated with your selected plan
• Payment terms are based on your selected payment method and plan

Termination

We reserve the right to terminate or suspend your access to the service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the service, us, or third parties.

Disclaimer of Warranties

The service is provided on an "as is" and "as available" basis. We make no warranties or representations about the accuracy, reliability, or availability of the service and disclaim all warranties to the fullest extent permitted by law.

Limitation of Liability

To the fullest extent permitted by law, ernie image shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from the use of or inability to use the service.

Indemnification

You agree to indemnify and hold harmless ernie image, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from your use of the service or violation of these Terms.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws applicable to your use of the service, without regard to conflict-of-law principles. Any disputes arising from these Terms or the service will be resolved in the manner required by applicable law (which may include arbitration where permitted).

Changes to These Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of the service after any changes signifies your acceptance of the new terms.

Contact Information

If you have any questions about these Terms, please contact us at support@ernieimage2.com.

By using ernie image, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for choosing ernie image!