Terms of Service

1. Acceptance of Terms

Welcome to Thumbnail Market. These Terms of Service ("Terms") govern your use of the Thumbnail Market website located at tm.ngrok.app and our AI-powered thumbnail generation service (collectively, the "Service") operated by Thumbnail Market ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these terms, then you may not access the Service.

2. Description of Service

Thumbnail Market provides an AI-powered platform that allows users to:

• Generate custom thumbnails using artificial intelligence
• Upload and edit existing thumbnail templates
• Access a library of pre-designed templates
• Download and use generated content for personal and commercial purposes
• Manage credits and subscriptions for service usage

3. User Accounts and Registration

Account Creation

To access certain features of our Service, you must create an account through our authentication provider Clerk. You agree to provide accurate and complete information during registration.

Account Security

• You are responsible for safeguarding your account credentials
• You must notify us immediately of any unauthorized use
• You are liable for all activities under your account
• We reserve the right to suspend accounts that violate these Terms

Eligibility

You must be at least 13 years old to use our Service. If you are between 13 and 18, you must have parental consent to use the Service.

4. Subscription Plans and Credits

Credit System

• Our Service operates on a credit-based system
• Credits are consumed when generating or editing thumbnails
• Free trial credits are provided to new users
• Additional credits can be purchased through subscription plans or credit packs

Subscription Plans

• Monthly subscription plans provide a set number of credits per billing period
• Unused monthly credits do not roll over to the next billing period
• Subscriptions automatically renew unless cancelled
• You can cancel your subscription at any time through your account settings

Credit Packs

• Credit packs are one-time purchases that add credits to your account
• Pack credits expire 90 days after purchase
• Pack credits are used after trial and subscription credits

Billing and Payments

Payments are processed securely through Polar. All sales are final, and refunds are provided only at our discretion or as required by law.

5. Acceptable Use Policy

Permitted Uses

• Generate thumbnails for personal or commercial use
• Upload original content or content you have rights to use
• Download and use generated content according to your subscription plan

Prohibited Activities

• Upload content that violates intellectual property rights
• Generate content that is illegal, harmful, or offensive
• Use the Service for spam, malware, or malicious purposes
• Attempt to reverse engineer or hack our systems
• Share account credentials with others
• Circumvent usage limits or payment requirements
• Upload content containing personal information of others without consent
• Generate content that violates platform policies of social media sites

Content Guidelines

You agree not to upload or generate content that:

• Contains violence, hate speech, or discrimination
• Violates privacy rights or contains private information
• Is sexually explicit or inappropriate
• Promotes illegal activities or substances
• Infringes on trademark, copyright, or other intellectual property
• Contains malware or harmful code

6. Intellectual Property Rights

Your Content

• You retain ownership of content you upload to our Service
• You grant us a license to process your content to provide the Service
• You represent that you have the right to upload and use all content
• Generated thumbnails become your property upon creation

Our Service

• Thumbnail Market owns all rights to the Service, including software and templates
• Our trademarks and branding are protected intellectual property
• AI models and algorithms are proprietary technology
• You may not copy, modify, or distribute our Service without permission

Third-Party Content

Some templates or assets may be licensed from third parties. Your use of such content is subject to the original licensing terms.

7. AI and Machine Learning

AI Processing

Our Service uses Google's AI models to generate and edit thumbnails. By using our Service, you acknowledge that:

• AI-generated content may have limitations or inaccuracies
• Generated content should be reviewed before use
• We do not guarantee specific outcomes from AI processing
• Your content may be processed by third-party AI services

Data Usage

We do not use your uploaded content to train our AI models without explicit consent. However, third-party AI providers may have their own data usage policies.

8. Privacy and Data Protection

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information. By using our Service, you consent to our data practices as described in the Privacy Policy.

9. Service Availability and Modifications

Service Availability

• We strive to provide reliable Service but do not guarantee 100% uptime
• Scheduled maintenance may temporarily interrupt Service
• We reserve the right to suspend Service for abuse or violations

Service Modifications

We may modify, update, or discontinue features of our Service at any time. We will provide reasonable notice of significant changes that affect your use of the Service.

10. Termination

Account Termination

• You may delete your account at any time through your account settings
• We may terminate accounts that violate these Terms
• Termination may result in loss of account data and unused credits
• Some provisions of these Terms survive account termination

Effect of Termination

Upon termination, your right to use the Service ceases immediately. You may download your content before termination, as we may delete account data after a reasonable period.

11. Disclaimers and Limitation of Liability

Service Disclaimers

Our Service is provided "as is" and "as available" without warranties of any kind. We disclaim all warranties, including:

• Fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy or completeness of AI-generated content
• Uninterrupted or error-free operation

Limitation of Liability

To the maximum extent permitted by law, Thumbnail Market shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service. Our total liability is limited to the amount you paid for the Service in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Thumbnail Market from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any rights of third parties.

13. Dispute Resolution

Governing Law

These Terms are governed by the laws of the United States without regard to conflict of law principles.

Dispute Process

Before filing any legal claim, you agree to first contact us to attempt to resolve the dispute informally. If informal resolution fails, disputes will be resolved through binding arbitration or in courts of competent jurisdiction.

14. Changes to Terms

We may update these Terms from time to time to reflect changes in our Service or legal requirements. We will notify users of material changes by posting the updated Terms on our website and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

15. Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Thumbnail Market regarding your use of the Service.

Severability

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

No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms without our consent. We may assign our rights and obligations under these Terms without restriction.

16. Contact Information

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