Terms of Service - Image Enhancer

Image Enhancer is a platform powered by artificial intelligence that delivers a suite of image processing capabilities. These capabilities may include, among others, image enhancement, resolution upscaling, photograph restoration, visual sharpening, and motion deblurring (each referred to as a "Feature"). The range of Features available to you is governed by the particular subscription tier you have selected or the volume of credits in your account. We reserve full discretion to launch new Features, modify existing ones, or retire any Feature at any time, with or without prior notice, in line with the terms laid out in Section 12.

Certain capabilities within the Service are available only to users who hold a registered account. During the registration process, you commit to supplying information that is accurate, current, and complete, and you accept the ongoing duty to keep that information up to date.

Safeguarding your login credentials is entirely your responsibility. All actions taken under your account, authorised or otherwise, are attributable to you. Should you suspect or discover that someone has gained unauthorised access to your account, you are required to notify us immediately at [email protected].

Sharing your account with others, creating duplicate accounts to sidestep usage restrictions, or logging into another user's account without their knowledge and consent are all expressly forbidden.

We reserve the authority to suspend or close any account where we have reasonable grounds to believe that the information provided by the account holder is substantially false, inaccurate, or no longer current.

3.1 Ownership
Every image and piece of material you submit to the Service ("Your Content") remains your property. We assert no ownership interest in Your Content, and nothing in these Terms is intended to transfer any of your intellectual property to us.

3.2 License to Process
When you upload Your Content, you provide us with a limited, non-exclusive, royalty-free, and worldwide license to access, copy, process, and transfer Your Content, but solely to the extent that doing so is essential for delivering the processing service you have requested. This license terminates the moment Your Content is removed from our systems. We will never use Your Content to train, fine-tune, or otherwise develop any artificial intelligence or machine-learning model unless you have given us your clear and separate consent to do so.

3.3 Your Representations and Warranties
By submitting Your Content to the Service, you represent and warrant:

• That you are the lawful owner of Your Content, or that you possess every right, license, and permission needed to upload and process it through the Service;
• That Your Content does not violate, misappropriate, or infringe upon the intellectual property, privacy, or any other legally protected right of any person or entity;
• That Your Content is fully compliant with all applicable laws, statutes, and regulations; and
• That if Your Content features the likeness of any identifiable person, you have obtained that person's informed consent to the extent demanded by applicable law, including relevant data protection and privacy legislation.

3.4 Prohibited Content
Under no circumstances may you upload or submit content that:

• Is illegal, indecent, defamatory, intimidating, harassing, or that a reasonable person would find objectionable;
• Depicts, constitutes, encourages, or aids in the creation of child sexual abuse material (CSAM), such content will be flagged and reported to competent law enforcement bodies without exception;
• Violates any individual's rights of privacy or publicity, including but not limited to intimate imagery shared without the depicted person's consent;
• Harbours malicious software, viruses, trojans, or any other form of harmful code; or
• Is content over which you hold no lawful authority to process.

We may, at our discretion and without obligation, inspect, decline, or remove any content that we believe, on reasonable grounds, to be in breach of these Terms or the law.

3.5 Feedback
Should you choose to share ideas, suggestions, or any other form of feedback regarding the Service ("Feedback"), you grant us a perpetual, irrevocable, royalty-free, and worldwide license to use, copy, modify, and integrate that Feedback into the Service or any other endeavor, without owing you any form of payment, credit, or acknowledgement.

You agree that your use of the Service shall at all times be lawful, ethical, and consistent with these Terms. Specifically, you shall not:

• Breach any law, regulation, or legal requirement at any level, whether local, national, or international;
• Act in ways that are fraudulent, dishonest, or calculated to mislead;
• Violate or encroach upon the intellectual property, proprietary rights, or other protected interests of any third party;
• Attempt to reverse-engineer, decompile, disassemble, or otherwise probe the source code, algorithmic foundations, or technical architecture of the Service;
• Deploy any automated system, including bots, web scrapers, or crawling software, to interact with the Service without our explicit prior authorisation;
• Conduct any form of security testing, penetration testing, or vulnerability scanning against the Service or its supporting infrastructure;
• Attempt to evade, override, or undermine any technical safeguards, access restrictions, rate limits, or usage caps we have put in place;
• Commercially redistribute, resell, or sublicence the Service or any of its outputs unless we have granted you written permission to do so; or
• Generate deepfakes, manipulated media, or any form of synthetic content intended to mislead, defraud, or cause harm to any person.

All rights of ownership in and to the Service, encompassing its website, underlying software, AI models, processing algorithms, visual identity, trademarks, and all accompanying documentation (collectively, "Our Intellectual Property"), vest exclusively in Image Enhancer or are held by us under valid licence. These Terms do not convey any right, title, or interest in Our Intellectual Property to you, whether by implication or otherwise.

So long as you remain current on all applicable payments and in full compliance with these Terms, we extend to you a limited, non-exclusive, non-transferable, and revocable license to access and utilize the Service for your own personal or internal organizational purposes.

Processed Outputs
The images that the Service produces for you are generated from Your Content through the application of our AI technology. You may use those outputs for any purpose that is lawful and consistent with these Terms. We make no ownership claim over outputs that derive primarily from your original material. That said, you recognize and accept that the underlying AI models, processing techniques, and proprietary methodologies that make those outputs possible remain our exclusive intellectual property at all times.

6.1 Plans and Credit Packages
Access to the Service is offered through recurring subscription plans and through individual credit purchases. A complete breakdown of available tiers, corresponding pricing, and credit entitlements is maintained on our pricing page at image-enhancer.ai.

6.2 Credit Terms
Credits carry no monetary value, cannot be transferred to another account, and are not redeemable for cash under any circumstances. Credits bundled with a subscription shall expire when that subscription's billing cycle concludes. Standalone credit purchases, by contrast, shall remain usable for as long as the purchaser's account continues to be in good standing.

6.3 Pricing Adjustments
Pricing for any plan or credit package may be adjusted by us from time to time, subject to the advance notice provisions described in Section 12. No pricing adjustment shall retroactively apply to a billing period for which you have already rendered payment.

7.1 Payment Consent
When you enter your payment details and confirm a purchase, you are authorizing Image Enhancer, acting through our appointed payment processor, to debit the payment method you have supplied for all applicable charges. You are expected to maintain a valid payment method on your account and to ensure your billing details are correct and up to date.

7.2 Automatic Renewal
Subscription charges are collected in advance at the start of each billing period, whether you have opted for a monthly or annual cycle. Your subscription will renew on its own at the end of each period unless you take steps to cancel it before the next cycle begins, as outlined in Section 8.

7.3 Taxes and Duties
Unless stated otherwise on the Service, all listed prices are exclusive of taxes. Any sales tax, value-added tax, customs duty, or other governmental levy arising from your purchase shall be your responsibility, except for taxes calculated on our own net earnings.

7.4 Unsuccessful Charges
If we are unable to successfully process a payment, we may retry the transaction and may limit, suspend, or reduce your access to the Service until all overdue amounts have been cleared.

7.5 Price Revisions
Should we decide to revise our prices, we will give you at least thirty (30) days' advance written notice, whether by email or through a clearly visible announcement on the Service. If you continue using the Service after the new pricing comes into effect, you will be considered to have accepted it.

8.1 How to Cancel
You may cancel your subscription whenever you wish. This can be done through your account settings by navigating to Profile → My Plan → Cancel Subscription, or by contacting our support team directly. Your cancellation will take effect at the conclusion of the current billing period that has already been paid for. Until that date, you will retain full access to the Service, and no additional charges will be incurred.

8.2 Refund Eligibility
Because the Service delivers its results digitally and instantaneously, all payments are treated as final and non-refundable under normal circumstances. We recognize, however, that limited exceptions may apply:

• Failure on Our End: Where a verified and persistent technical fault originating entirely from our platform has rendered the Service completely inaccessible to you, and where our team has been unable to resolve the issue within a reasonable period despite good-faith troubleshooting efforts by both parties.
• First-Purchase Window: A refund may be sought within twenty-four (24) hours of your very first transaction on the platform, provided the associated credits or subscription benefits have not been used to any significant degree. This window is available once per account and does not apply to renewals, upgrades, or subsequent purchases of any kind.

Requests for a refund should be sent to [email protected], accompanied by a clear account of the problem and any evidence that supports your claim. Every refund decision is made solely at our discretion and is binding. Approved refunds are typically returned within five (5) to ten (10) business days.

We will not entertain refund requests motivated by a simple change of heart, an unused balance, a subjective dissatisfaction with AI-generated results when the platform has functioned as intended, or any matter beyond our reasonable ability to influence.

8.3 Chargebacks
Should you file a chargeback or open a payment dispute with your financial institution before making a genuine attempt to settle the issue with us directly, we may place your account on hold until the dispute is resolved and may share full transaction documentation with the relevant card network or payment provider.

Where you choose to connect to the Service via our application programming interface (API), the following supplementary conditions apply:

• Scope of Permitted Use: Your API access is granted strictly for integration with your own software applications or internal systems. Reselling access, sublicensing the API, or offering it as a white-label solution to third parties is not permitted without our express written agreement.
• Respecting Usage Boundaries: You must honor all rate limits, concurrency caps, and quota restrictions that we communicate to you. Any pattern of usage that we consider excessive, abusive, or inconsistent with the spirit of fair use may lead to throttling, suspension, or permanent withdrawal of your API privileges.
• Downstream Responsibility: If you build products or services that rely on our API, you are accountable for ensuring that every end user of your product complies with these Terms and with all relevant laws. Your integration must not serve as a vehicle for any activity that these Terms prohibit.
• No Uptime Guarantee: We make no promise of continuous or uninterrupted API availability and retain the right to alter, deprecate, or shut down the API at any point, with reasonable advance notice where feasible.

THE SERVICE IS MADE AVAILABLE TO YOU ON A STRICTLY "AS IS" AND "AS AVAILABLE" BASIS. WE OFFER NO WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE GREATEST EXTENT THAT APPLICABLE LAW ALLOWS, IMAGE ENHANCER DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR USE, AND NON-INFRINGEMENT;
• ANY GUARANTEE THAT THE SERVICE WILL BE AVAILABLE WITHOUT INTERRUPTION, DELIVERED IN A TIMELY FASHION, KEPT SECURE, OR MAINTAINED FREE OF BUGS OR ERRORS;
• ANY ASSURANCE REGARDING THE PRECISION, RELIABILITY, OR COMPLETENESS OF OUTPUTS PRODUCED THROUGH OUR AI TECHNOLOGY; AND
• ANY PROMISE THAT KNOWN OR UNKNOWN DEFECTS IN THE SERVICE WILL BE CORRECTED.

AI-generated results may be imperfect and should not be assumed to meet every expectation you may have. You alone bear the responsibility for reviewing, validating, and verifying all outputs before you rely on them or share them with others.

TO THE MAXIMUM EXTENT THE LAW ALLOWS, IMAGE ENHANCER AND ITS AFFILIATES, DIRECTORS, OFFICERS, TEAM MEMBERS, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, THIS INCLUDES, WITHOUT LIMITATION, DAMAGES RELATING TO LOST REVENUE, LOST DATA, LOST BUSINESS PROSPECTS, OR REPUTATIONAL HARM, THAT ARISE FROM OR ARE CONNECTED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF WE WERE MADE AWARE THAT SUCH DAMAGES COULD OCCUR.

OUR TOTAL, CUMULATIVE LIABILITY TO YOU FOR EVERY CLAIM CONNECTED TO THESE TERMS OR THE SERVICE SHALL NEVER EXCEED THE HIGHER OF (A) THE AGGREGATE AMOUNT YOU HAVE PAID US OVER THE TWELVE (12) MONTHS DIRECTLY PRECEDING THE INCIDENT THAT GAVE RISE TO YOUR CLAIM, OR (B) ONE HUNDRED UNITED STATES DOLLARS (USD $100).

The above caps and exclusions apply without regard to the legal theory invoked, be it contract, tort (including negligence), strict liability, or any other doctrine, and they hold even if a remedy contemplated by these Terms proves inadequate in achieving its intended purpose. In jurisdictions where the law does not permit the exclusion of certain warranties or the capping of liability for particular types of loss, the foregoing limitations shall apply to the fullest extent that the law of your jurisdiction permits.

You commit to defending, indemnifying, and holding harmless Image Enhancer, along with its affiliates, directors, officers, personnel, agents, and licensors, against any and all claims, demands, proceedings, liabilities, damages, judgments, losses, costs, and expenses (including reasonable fees for legal representation) that arise from or relate to:

• Your access to, use of, or inability to use the Service;
• Any material you have uploaded, transmitted, or made available through the Service;
• Any breach on your part of these Terms or of any law, regulation, or contractual obligation; or
• Any violation by you of any right belonging to a third party, whether an intellectual property right, a right of privacy, a right of publicity, or otherwise.

You may ask us to permanently close your account at any time by contacting us at [email protected]. Please understand that this step cannot be undone. The moment your account is closed, your access to the Service will end, and all unused credits or remaining subscription benefits will be permanently forfeited with no right to reimbursement.

After your account has been closed, we will erase or anonymise all personal data linked to it within ninety (90) days, with the exception of records that we are legally required to preserve, such as transaction logs necessary for regulatory, legal, or tax compliance. Images submitted for processing are purged from our servers within twenty-four (24) hours of the processing being completed, regardless of whether your account is still open.

We may modify, pause, or shut down any aspect of the Service at any time and for any reason. Where a change materially affects the way you use the Service, we shall endeavor to give you a reasonable period of advance notice.

We may also revise these Terms periodically. Whenever we make changes we regard as material, we will refresh the "Last Updated" date shown at the top of this document and will alert you — by email or via a visible notice on the Service — no fewer than fourteen (14) days before the updated Terms go into effect. By continuing to use the Service once those revisions take effect, you signal your acceptance of them. If you cannot accept the revised Terms, your recourse is to stop using the Service before the effective date arrives.

15.1 Voluntary Departure
You may bring these Terms to an end at any time by requesting the deletion of your account and discontinuing all use of the Service.

15.2 Action by Us
We may suspend or terminate your account and withdraw your access to the Service at any time, with or without advance notice, and for any reason we consider justified. Common grounds for such action include, but are not limited to, a violation of these Terms, indicators of fraudulent behavior, or the failure to pay amounts owed. Where circumstances allow, we will try to inform you before taking such a step, except where immediate intervention is necessary to protect the platform, its users, or our business.

15.3 Effect of Termination
The moment termination takes effect, every license and permission extended to you under these Terms is immediately revoked. Certain provisions of these Terms are designed to endure beyond termination, these include, but are not limited to, Sections 3.5, 5, 10, 11, 12, and 16, and they shall continue to bind both parties notwithstanding the termination of these Terms.

These Terms shall be governed by, interpreted under, and enforced in accordance with the laws of the jurisdiction in which Image Enhancer is incorporated, setting aside any principles of conflict of laws that might otherwise apply.

Before taking any formal legal step, you agree to reach out to us at [email protected] and to make a sincere effort to settle the matter amicably over a period of no less than thirty (30) days.

If an informal resolution cannot be reached, any dispute, claim, or controversy arising under or in connection with these Terms or the Service shall be referred to and settled by binding arbitration under the applicable rules, unless you qualify to bring your claim before a small claims tribunal in your jurisdiction. By agreeing to these Terms, you relinquish any right to a trial by jury and any right to participate in class-wide, collective, or representative legal proceedings.

Nothing in this Section restricts our ability to seek injunctive relief or any other form of equitable remedy from a court of competent jurisdiction where we have reason to believe our intellectual property is being, or is about to be, infringed or misappropriated.

If a court with proper authority determines that any provision of these Terms is invalid or cannot be enforced, that finding shall not impair the validity or enforceability of the remaining provisions, all of which shall remain operative.

• Entire Understanding: These Terms, taken together with our Privacy Policy, constitute the whole of the agreement between you and Image Enhancer regarding the Service. They replace and supersede every prior arrangement, understanding, or communication between us on this subject, whether written or spoken.
• No Implied Waiver: If we choose not to enforce a particular right or provision at any given time, that decision shall not be interpreted as a waiver of that right, nor shall it prevent us from enforcing it on a future occasion.
• Transfer of Rights: You are not permitted to assign, transfer, or delegate any right or obligation arising under these Terms to another party without securing our written consent in advance. We, on the other hand, may assign or transfer our rights and obligations under these Terms freely and without restriction.
• Unforeseeable Events: We shall bear no liability for any delay in, or failure of, performance that results from circumstances outside our reasonable control. Such circumstances may include, without limitation, natural disasters, armed conflicts, pandemics, cyberattacks, actions or directives of governmental authorities, or breakdowns in essential infrastructure.
• Authoritative Language: These Terms are composed in, and shall be authoritatively interpreted according to, the English language. Any translation we may offer is provided purely for informational convenience. Where the English version and a translated version diverge, the English text shall govern.

If you have questions, concerns, or need assistance with anything relating to these Terms, you are welcome to contact us at:

Image Enhancer AI
Email: [email protected]
Website: https://image-enhancer.ai