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Terms of Service

Last updated: January 18, 2026

1. Acceptance of Terms

By accessing or using OptimAImage ("Service"), a web application powered by proprietary technology and third-party AI providers (including Google Cloud Vertex AI), you agree to be bound by these Terms. If you do not agree, you may not use the Service.

2. AI Generation Services

Technology: The Service utilizes advanced artificial intelligence models (branded as "Nano Banana Pro", powered by Google Gemini models) to generate images and optimize text prompts.

Input & Output Ownership:

  • Input: You retain all rights to the text prompts and images you upload ("Input").
  • Output: Subject to your compliance with these Terms, you are granted ownership rights to the content generated by the Service ("Output") for both personal and commercial use.

No Guarantee of Accuracy (Hallucinations): AI models may generate artifacts, errors, or content that does not accurately reflect reality. OptimAImage makes no warranties regarding the accuracy, quality, or reliability of generated content.

Non-Uniqueness: Given the nature of AI, other users may generate similar or identical content using similar prompts. You acknowledge that your Output may not be unique.

Service Availability: We do not guarantee uninterrupted access. Service may be affected by the operational status of our third-party providers (Google Cloud, Firebase).

No IP Warranty: OptimAImage makes no warranty that Output is free from third-party intellectual property rights. AI-generated content may inadvertently resemble copyrighted material. You are solely responsible for ensuring your use of Output does not infringe any rights, and you agree to indemnify OptimAImage for any claims arising from your use of Output.

3. User Accounts & Security

You are responsible for maintaining the confidentiality of your account credentials. You are fully responsible for all activities that occur under your account. You must notify us immediately of any unauthorized use.

4. Credit System & Subscriptions

Purchases: OptimAImage offers subscription plans and one-time credit packs ("Add-ons"). Payment processing is handled securely via RevenueCat and respective app stores.

Credit Usage Policy (First-Expire-First-Use): Credits are deducted based on a strict "First-Expire-First-Use" policy:

  • Subscription Credits: Expire at the end of the billing cycle.
  • Add-on Credits: Do not expire and remain valid as long as your account is active (system coded as valid until 2099).

Refunds: All purchases are generally non-refundable once credits have been used.

30-Day Money-Back Guarantee: If you have not used any credits, you may request a full refund within 30 days of purchase by contacting support@optimaimage.com. Once you generate any Output using your credits, this refund right is waived as you have received the digital goods purchased.

Technical Errors: If a technical error prevents generation and no Output is delivered, credits will not be deducted or will be refunded.

Refund Requests: Contact support@optimaimage.com within 30 days of the issue.

5. Prohibited Conduct & Content Policy

You agree NOT to use the Service to:

  • Generate sexually explicit content, hate speech, dangerous content, or harassment.
  • Reverse engineer or attempt to extract the source code or underlying models of the Service.
  • Use the Service or Output to train other artificial intelligence models or machine learning algorithms.
  • Impede or disrupt the Service's operation or security.

Enforcement: Violation of these policies will result in immediate termination of your account without refund.

6. Indemnification

You agree to indemnify, defend, and hold harmless OptimAImage, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any third-party rights.

7. Limitation of Liability

"AS IS" Basis: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPTIMAIMAGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.

Our total liability for any claim arising out of these Terms is limited to the amount you paid us to use the Service in the 12 months preceding the claim (or $100 if no payments were made).

8. Changes to Terms

We may modify these Terms at any time. For material changes, we will provide at least 30 days' notice via email or prominent notice in the Service. Your continued use after the notice period constitutes acceptance. If you do not agree to the changes, you must stop using the Service and may contact us for a pro-rated refund of any unused subscription fees.

9. Governing Law & Dispute Resolution

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.

Informal Resolution: Before filing any claim, you agree to contact us at support@optimaimage.com to attempt informal resolution for at least 30 days.

Binding Arbitration: If informal resolution fails, any dispute shall be resolved by binding arbitration under the rules of the American Arbitration Association (AAA), conducted in Florida. Each party shall bear its own costs, except that OptimAImage will pay all AAA filing fees for consumer disputes. The arbitrator's decision is final and binding.

Class Action Waiver: YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PARTICIPANT IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Exceptions: Either party may seek injunctive relief in court for intellectual property infringement. This arbitration clause does not apply where prohibited by law, including for consumers in the European Union or where restricted by app store terms of service.

Venue: If arbitration does not apply or is deemed unenforceable, you consent to the exclusive jurisdiction of the state and federal courts located in Florida.

10. Termination

By You: You may terminate your account at any time via your Profile page. Upon termination, unused subscription credits will be forfeited. Unused add-on credits may be eligible for a pro-rated refund if requested within 30 days.

By Us: We may suspend or terminate your account: (a) immediately for violation of Section 5 (Prohibited Conduct); (b) with 30 days' notice if we discontinue the Service; or (c) immediately if required by law or to protect our users.

Effect of Termination: Upon termination, you lose access to all Output stored in the Service. You should export any content you wish to preserve before terminating. Sections 6 (Indemnification), 7 (Limitation of Liability), 9 (Governing Law), and 11 (Additional Terms) survive termination.

11. Additional Terms

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and OptimAImage and supersede all prior agreements, whether written or oral.

No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Force Majeure: We shall not be liable for any failure to perform due to causes beyond our reasonable control, including acts of God, war, terrorism, pandemics, internet failures, or third-party service outages (including Google Cloud or Firebase).

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms to any affiliate or in connection with a merger or sale of assets.

12. Contact

For legal inquiries, please contact us at: support@optimaimage.com

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