Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of BuildMyGraphic (the "Service"). By accessing, registering for, or using the Service, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not use the Service.

2. Description of Service

BuildMyGraphic provides an AI-powered platform for creating infographics and visual content. The Service uses artificial intelligence to generate graphics based on your prompts, input data, and preferences.

To provide the Service, we rely on third-party providers, including but not limited to:

• Google Gemini API for text and image generation
• Replicate.com as a compute host for Google Gemini image generation
• Polar Software Inc. as Merchant of Record for payments and invoicing
• Cloudflare R2 and related Cloudflare services for storage and content delivery

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, provided that such changes do not unlawfully diminish your statutory rights as a consumer where applicable.

3. User Accounts

To access certain features of the Service, you must create an account. By creating an account, you confirm that:

• You are at least 18 years old or of legal age in your jurisdiction
• All registration information you provide is accurate, current, and complete
• You will maintain and promptly update your information as needed
• You will maintain the confidentiality of your account credentials
• You will notify us immediately of any unauthorized use of your account

You are responsible for all activities that occur under your account, whether or not you authorized them.

The Service is intended for users who are at least 18 years old and is not directed toward individuals under the age of 18.

4. AI-Generated Content

Content generated through our AI service (" AI-Generated Content") is created based on your input prompts, settings, and uploaded material. You acknowledge and agree that:

• AI-Generated Content is produced by probabilistic machine learning models and may not always be accurate, complete, or appropriate.
• The same or similar prompts by different users may produce similar or comparable results. We do not guarantee that any output will be unique.
• You are solely responsible for reviewing, verifying, and approving all AI-Generated Content before use, especially for professional, commercial, legal, medical, financial, or safety-critical purposes.
• The Service is provided for creative and illustrative purposes only and does not constitute professional advice of any kind.
• AI-Generated Content must not be used for illegal, harmful, misleading, or deceptive purposes, including deepfakes that may mislead the public.

We may, where technically feasible, preserve AI-generated metadata or watermarks (such as AI-origin markers) applied by our upstream providers. You agree not to intentionally remove or tamper with such markers where they are present.

5. Intellectual Property Rights

Your Input. You retain all rights to the text, images, and other content you submit to the Service ("User Input"). You represent and warrant that you have all necessary rights, licenses, and permissions to provide the User Input and to use it with the Service.

License to Provide the Service. By using the Service, you grant BuildMyGraphic and our subprocessors (including Google, Replicate, and Cloudflare) a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display your User Input and AI-Generated Content solely as necessary to:

• Provide, maintain, and improve the Service to you
• Enforce these Terms and our acceptable use and safety policies
• Detect, prevent, and investigate fraud, abuse, and security incidents

AI-Generated Content. Subject to your compliance with these Terms and payment of any applicable fees, we assign to you any rights we may have in AI-Generated Content created through your account, to the maximum extent permitted by law. You may use such content for personal or commercial purposes, provided that you:

• Comply with these Terms and applicable laws
• Do not infringe third-party rights (e.g., trademarks, privacy, publicity)
• Do not use the content in ways prohibited by Google Gemini and Replicate

You acknowledge that the copyright status and enforceability of AI-generated content may vary by jurisdiction. We do not guarantee that any AI-Generated Content will be eligible for copyright protection or that you will be able to enforce exclusive rights against others.

Restrictions Based on Upstream Terms. Because we use the Google Gemini API (including via Replicate), you agree not to use User Input or AI-Generated Content to:

• Reverse engineer or attempt to extract source code, model weights, or underlying components of the AI models.
• Train, fine-tune, benchmark, or otherwise develop competing models in violation of Google's or Replicate's API terms.
• Build datasets intended to replicate, compete with, or substantially substitute Google Gemini or similar services.

BuildMyGraphic and its licensors retain all rights, title, and interest in and to the Service itself, including all software, models, designs, logos, and trademarks.

6. Subscription and Payment

Certain features of the Service are available only through a paid subscription ("Subscription") and credit-based usage model. We use Polar Software Inc. ("Polar") as our Merchant of Record. Polar is responsible for processing payments, collecting taxes, and issuing invoices.

6.1 Subscription Plans

We offer:

• Monthly subscriptions (renew automatically every month)
• Yearly subscriptions (renew automatically every 12 months)

Each subscription is available in three tiers:

• Starter
• Pro
• Scale

Each tier includes a defined number of AI generation credits per billing period ("Subscription Credits"), as described on our pricing page at the time of purchase.

6.2 Automatic Renewal

By starting a Subscription, you authorize Polar to charge your selected payment method at the then-current rate at the beginning of each billing cycle until you cancel. You can cancel at any time before the next renewal. Cancellations take effect at the end of the current billing period.

6.3 Subscription Credits and Expiration

Subscription Credits are granted at the start of each billing period and are consumed when you generate AI content. You acknowledge and agree that:

• Subscription Credits must be used within the current billing period.
• Any unused Subscription Credits at the end of the billing period are forfeited and do not roll over.
• Subscription Credits have no monetary value and cannot be exchanged, refunded, or converted into cash, except where required by applicable law.

6.4 Plan Changes and Upgrades

You may upgrade your Subscription (for example, from Starter to Pro or Scale) at any time. When you upgrade:

• The new plan becomes active immediately.
• Your next invoice will include the new plan plus the proration for the current billing period, as handled by Polar.
• Any remaining Subscription Credits from your previous plan are forfeited when the upgrade takes effect.

Downgrades and other changes may take effect at the start of the next billing period, as indicated in your account.

6.5 Additional Credits (Add-On Credits)

Subscribers may purchase additional credits on top of their Subscription Credits ("Add-On Credits"):

• Add-On Credits are available only to users with an active subscription.
• Add-On Credits remain valid as long as your subscription stays active, even across multiple billing periods.
• If your subscription is canceled or lapses, any unused Add-On Credits will expire and cannot be recovered.
• Add-On Credits are non-refundable once granted, except where required by applicable law.

6.6 Refunds and Right of Withdrawal

Because AI generations incur significant and irreversible computational costs, credits that have already been used to generate content are not refundable.

For EU/UK consumers, by starting to use the Service immediately after purchase (for example, by triggering a generation with your credits), you expressly request and consent to the immediate performance of the digital service and acknowledge that you may lose your statutory right of withdrawal once performance has begun, in accordance with applicable consumer protection laws.

Billing errors, duplicate charges, or payment-related disputes are generally handled by Polar as Merchant of Record and may be subject to Polar's own terms and policies.

7. Prohibited Uses

You agree not to use the Service to:

• Create, upload, or distribute content that is illegal, infringing, defamatory, harassing, hateful, discriminatory, violent, or otherwise harmful.
• Generate sexual content involving minors, non-consensual sexual content, or any content that violates child protection laws.
• Create misleading deepfakes or other deceptive content intended to manipulate or mislead others, especially in a political, financial, or public safety context.
• Violate any applicable law, regulation, or third-party rights (including copyright, trademark, privacy, and publicity rights).
• Reverse engineer, probe, or circumvent technical or usage limits of the Service or underlying models, or attempt to access the Service in ways not provided by us.
• Distribute spam, malware, or engage in phishing, fraud, or other malicious or deceptive practices.
• Interfere with or disrupt the integrity or performance of the Service or the systems of our providers (Google, Replicate, Cloudflare, Polar).

We may monitor use of the Service (in compliance with applicable law) to detect abuse and enforce these restrictions. We reserve the right to suspend or terminate your account for violations, without refund.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BUILDMYGRAPHIC AND ITS PROVIDERS (INCLUDING GOOGLE, REPLICATE, POLAR, AND CLOUDFLARE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.

TO THE EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICE OR THESE TERMS SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY EUROS (€50).

Nothing in these Terms shall limit or exclude liability where such limitation or exclusion is prohibited by applicable law, including for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY AI-GENERATED CONTENT WILL BE ACCURATE, RELIABLE, OR SUITABLE FOR YOUR INTENDED USE.

10. Termination

We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if we reasonably believe that:

• You have violated these Terms or any applicable law
• Your use of the Service poses a security, legal, or reputational risk to us or our providers
• Your account has been inactive for an extended period or is associated with suspected fraud or abuse

Upon termination, your right to use the Service will immediately cease, and you may lose access to your account and any associated content or credits. Except where required by law, we are not obligated to refund any fees or credits in connection with termination.

11. Changes to Terms

We may update or modify these Terms from time to time, for example to reflect changes in our Service, legal requirements, or business practices. When we make material changes, we will notify you by updating the "Last updated" date, by in-product notice, or by email where appropriate.

Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service.

12. Governing Law

These Terms and any dispute arising out of or in connection with them or the Service shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.

If you are a consumer residing in the European Union, you may also benefit from mandatory provisions of the law of your country of residence, and you may bring claims in the courts of your country of residence.

13. Contact Information

If you have any questions about these Terms of Service or the Service, please contact us at:

[email protected]