Terms of Service

1. Definitions

• Account — your registered account for accessing the Service.
• Content — any text, data, images, audio, video, or other materials.
• Service — the RPG AI Selfie website at rpgaiselfie.com and any related features, APIs, or interfaces.
• Gold — the in-app credit balance you purchase and spend to generate portraits.
• User Content — any Content you upload or submit through the Service, including selfies and character inputs.
• Generated Content — AI-generated portraits produced through the Service using your User Content and prompts.
• Intellectual Property Rights — all patent, copyright, trademark, trade secret, and other intellectual property rights worldwide.

2. Eligibility

Age. You must be at least 13 years old to use the Service, and at least the age of majority in your jurisdiction to purchase gold. Users under 18 must have consent from a parent or legal guardian.

Legal capacity. You must have the legal capacity to enter into a binding contract.

Compliance. You must comply with all applicable laws in your use of the Service.

Prohibited jurisdictions. The Service is not available to users in countries subject to U.S. embargoes or comprehensive sanctions (including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions).

3. Account registration and security

To use most features you must create an Account. You agree to provide accurate, current, and complete information (including a valid email address) and to keep it up to date.

You are responsible for maintaining the confidentiality of your credentials and for all activity under your Account. Notify us immediately at [email protected] of any unauthorized use. We are not liable for losses arising from your failure to protect your credentials.

You may not create more than one Account, share your Account, or provide false information. We may suspend or terminate Accounts that violate these rules.

4. Gold, purchases, and billing

• Gold. Gold is a non-refundable, limited license to use features of the Service. It has no cash value, cannot be redeemed for money, and is not transferable between accounts.
• Purchases. You may buy packs of gold through our third-party payment processor (Stripe). By purchasing, you authorize the applicable charge to your selected payment method.
• Pricing. Current prices are displayed at checkout. We may change prices at any time; changes apply to future purchases only.
• Taxes. Prices exclude taxes unless stated. You are responsible for any applicable sales tax, VAT, GST, or similar taxes; we will collect them when required by law.
• Consumption. Gold is spent when you place a generation order. Once a generation has been submitted, the corresponding gold is considered used, regardless of whether the output meets your expectations.
• Refunds. All gold purchases are final and non-refundable except where required by law or where we choose to issue a refund at our sole discretion (for example, if a paid generation fails due to a technical fault on our side and cannot be recovered).
• Expiration. Purchased gold does not expire while your Account remains active and in good standing. Gold may be forfeited upon termination for cause or if your Account is inactive for an extended period, as permitted by law.
• Failed payments. If a payment fails or is reversed (chargeback), we may suspend your Account and remove any gold or Generated Content credited to that payment.

5. License and restrictions

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business use.

You may not:

• Copy, modify, or create derivative works of the Service itself;
• Reverse engineer, decompile, or attempt to derive the source code;
• Rent, lease, sell, sublicense, or otherwise redistribute access to the Service;
• Remove or obscure any proprietary notices;
• Use the Service to build a competing product;
• Use bots, scrapers, or other automated means without our written permission;
• Interfere with, overload, or attempt to gain unauthorized access to the Service.

The Service integrates with third-party services (payment processing, cloud hosting, AI model providers). Your use of those services is subject to their own terms.

6. Your content and AI generation

Your selfies and inputs. You retain ownership of the selfies and other inputs you upload. You represent and warrant that you have all necessary rights and permissions to upload the images you provide and that you have the consent of any identifiable person depicted.

License to us. By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and modify the User Content solely as needed to operate, secure, and improve the Service (including running it through AI models to produce Generated Content) and to comply with legal obligations. This license ends when you delete the content, except that (a) deletion may not be immediate due to backups, and (b) we may retain content where required by law.

Generated Content. Subject to your compliance with these Terms, you own the Generated Content produced for your Account. Because generative AI models may produce similar outputs for different users, we cannot guarantee that Generated Content is unique or free of similarities to other outputs. Generated Content is provided for personal use and reasonable creative or commercial use consistent with these Terms; you may not use it in a way that violates the rights of the person depicted or applicable law.

AI limitations. AI-generated images can be inaccurate, distorted, or produce unexpected results. The Service is not suitable for any use where accuracy is critical (identification, medical, safety, or legal contexts).

Prohibited content. You may not upload or generate content that:

• Depicts a minor in a sexualized or exploitative manner (strictly prohibited);
• Depicts a real person without their consent, or is intended to harass, defame, or deceive;
• Is sexually explicit, pornographic, or gratuitously violent;
• Promotes hate, discrimination, harassment, or illegal activity;
• Infringes any Intellectual Property Rights or contractual rights;
• Contains malware, exploit code, or attempts to manipulate the AI to bypass safety filters;
• Impersonates another person or misrepresents your identity or affiliation.

Moderation. We have no obligation to monitor User Content, but we may review, remove, or refuse to generate content that appears to violate these Terms, and we may cooperate with law enforcement.

Backups. You are responsible for keeping your own copies of any Generated Content that matters to you. We do not guarantee long-term storage.

7. Intellectual property

The Service, including its software, design, features, branding, and all Content other than User Content and Generated Content, is owned by Company or its licensors and is protected by copyright, trademark, and other laws. “RPG AI Selfie” and associated marks are our trademarks; you may not use them without our written consent.

Feedback. If you send us suggestions or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use and incorporate that feedback without obligation to you.

8. Acceptable use

You agree not to use the Service to:

• Violate any law or regulation, or promote illegal activity;
• Harass, threaten, or abuse others, or engage in hate speech;
• Send spam, phishing, or unsolicited commercial messages;
• Attempt to gain unauthorized access to accounts, systems, or data;
• Probe or test the vulnerability of the Service, or bypass safety and rate limits;
• Upload malicious code or infringing content;
• Impersonate another person or misrepresent your affiliation;
• Use the Service in a way that overloads or degrades it for other users.

We may respond to violations by warning you, removing content, throttling access, or suspending or terminating your Account.

9. Termination and suspension

By you. You may stop using the Service and close your Account at any time by contacting [email protected]. Unused gold is forfeited on Account closure except where refunds are required by law.

By us. We may suspend or terminate your Account, with or without notice, if you violate these Terms, if we are required to do so by law, if your Account is used fraudulently, or if we discontinue the Service. Where feasible we will give reasonable notice before discontinuing paid features.

Effect. On termination, your license to use the Service ends immediately and we may delete your Account and content, subject to legal retention requirements. Sections that by their nature should survive termination (including 6 license grants, 7, 10, 11, 12, 13, and 17) will survive.

10. Disclaimer of warranties

The Service and all Generated Content are provided “as is” and “as available” without warranties of any kind, whether express or implied.

To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and warranties that the Service will be uninterrupted, error-free, secure, or that Generated Content will be accurate, unique, or suitable for any purpose.

Use of the Service is at your own risk.

11. Limitation of liability

To the fullest extent permitted by law, our total liability to you for all claims arising out of or related to these Terms or the Service will not exceed the greater of (a) the total amount you paid us in the 12 months immediately preceding the event giving rise to liability, or (b) US $100.

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or the cost of substitute services, even if advised of the possibility of such damages.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you; in those jurisdictions our liability is limited to the greatest extent permitted by law. You acknowledge that these limitations are a fundamental part of the basis on which we provide the Service.

12. Indemnification

You agree to defend, indemnify, and hold harmless Company and its affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and reasonable attorneys’ fees arising out of or related to (a) your use of the Service; (b) your User Content or Generated Content; (c) your violation of these Terms; (d) your violation of any third-party right, including any publicity, privacy, or Intellectual Property Right; or (e) your violation of any applicable law. We may assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate with us.

13. Dispute resolution and arbitration

Informal resolution. Before filing a formal claim, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

Binding arbitration. Except as set out below, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Rules for business users). The arbitrator will apply the substantive law of the State of California. Either party may seek injunctive relief in court for infringement of Intellectual Property Rights, and either party may bring an individual claim in small-claims court if it qualifies.

Costs and location. Each party pays its own arbitration fees, except that for consumer claims under US $10,000 we will pay AAA filing, administration, and arbitrator fees unless the arbitrator finds the claim frivolous. Consumer arbitration will take place remotely or in the county where you reside; business arbitration will take place in San Francisco County, California.

Class action waiver. You and Company each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, representative, or consolidated proceeding. If this class action waiver is found unenforceable, then Section 13’s arbitration provisions will be void in their entirety.

Opt-out. You may opt out of arbitration and the class action waiver by emailing [email protected] with subject line “Arbitration Opt-Out” within 30 days of first accepting these Terms, including your full name and the email associated with your Account. Opting out does not affect any other provision of these Terms.

Governing law and venue. These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles. If arbitration does not apply, the state and federal courts located in San Francisco County, California will have exclusive jurisdiction, and you consent to their personal jurisdiction.

14. DMCA copyright policy

We respect Intellectual Property Rights. If you believe content on the Service infringes your copyright, please send a notice to our designated agent that includes:

1. Your physical or electronic signature;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the allegedly infringing material and its location (URLs);
4. Your contact information (address, phone, email);
5. A statement that you have a good-faith belief the use is not authorized by the rightsholder, its agent, or law;
6. A statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rightsholder.

Send notices to our DMCA Agent at [email protected] with subject line “DMCA Notice.” If you believe your content was removed in error, you may submit a counter-notification with the same agent. We will terminate the Accounts of repeat infringers where appropriate.

15. Privacy and data security

Our Privacy Policy describes how we collect, use, and share information. By using the Service, you agree to the Privacy Policy. We use reasonable safeguards to protect your data but cannot guarantee absolute security — see Section 10.

16. Changes to these Terms

We may update these Terms from time to time. If we make material changes we will post the updated Terms with a new “Last updated” date and, where practical, notify you by email or in-product notice. Material changes take effect 30 days after notice; non-material changes take effect on posting. Continued use of the Service after the effective date means you accept the updated Terms. If you do not agree, stop using the Service and close your Account.

17. General provisions

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Company and supersede any prior agreements on the same subject.
• Assignment. You may not assign these Terms or your Account without our written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in effect.
• Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control (natural disasters, war, government action, labor issues, infrastructure or internet outages, AI provider disruptions).
• Export compliance. You agree to comply with all applicable export and sanctions laws and represent that you are not located in a prohibited jurisdiction or on a restricted-party list.
• Relationship. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship.
• Third-party beneficiaries. These Terms are for the benefit of you and Company only.
• Notices. We may send notices to the email on your Account. Notices to us must go to [email protected].
• Language. These Terms are written in English. Any translation is for convenience; the English version controls.
• California residents. You waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

18. Contact us

Questions about these Terms? Contact us at [email protected].