Terms and conditions

Terms and Conditions

Last Updated: May 14, 2024

1. Introduction

Welcome to Thumbnails.pro. These Terms and Conditions ("Terms") govern your use of the Thumbnails.pro website, mobile applications, and services (collectively, the "Services") operated by Flex Digital t/a Thumbnails.pro ("we", "us", "our").

By accessing or using our Services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Services.

Company Details:

  • Company Name: Flex Digital t/a Thumbnails.pro
  • Address: International House, London, SW7 4EF
  • Email: hello@thumbnails.pro

2. Definitions

  • "Account" means a unique account created for you to access our Services.
  • "Content" means any visible material, documentation, or data that is available through our Services.
  • "User" means an individual who has access to and uses the Services.
  • "User Content" means images, prompts, text, or other material that users upload to our system for processing.

3. Account Registration and Eligibility

3.1 Account Creation

To use certain features of our Services, you must register for an account. When registering, you must provide accurate and complete information and promptly update this information if it changes.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

3.3 Eligibility

You must be at least 16 years of age to use our Services. By using our Services, you represent and warrant that you meet this requirement.

4. Subscription Plans and Payments

4.1 Subscription Tiers

We offer various subscription plans with different features and usage limits:

  • Free Plan: Limited access with 0 image generations
  • Starter Plan: Access to generate up to 100 images per month
  • Pro Plan: Access to generate up to 250 images per month
  • Ultimate Plan: Access to generate up to 750 images per month

4.2 Payment Terms

  • Subscription fees are billed in advance on a monthly or annual basis.
  • Payment methods accepted include credit cards, debit cards, and other electronic payment methods as specified.
  • You authorize us to charge your chosen payment method for the subscription plan you select.
  • Prices are subject to change with notice before the billing period.
  • Payment processing is handled by Stripe, and you agree to comply with Stripe's terms of service.

4.3 Automatic Renewal

Subscriptions automatically renew unless canceled before the renewal date. You can cancel your subscription at any time through your account settings.

4.4 Refunds

Refund policies depend on the specific circumstances and are addressed on a case-by-case basis. Please contact hello@thumbnails.pro for refund requests.

5. Usage Rules and Restrictions

5.1 Permitted Use

You may use our Services to create thumbnails for personal or commercial use, subject to the usage limits of your subscription plan.

5.2 Prohibited Activities

You agree not to:

  • Use our Services for any illegal purpose
  • Attempt to gain unauthorized access to any part of our Services
  • Upload content that infringes on intellectual property rights
  • Generate or distribute harmful, offensive, or inappropriate content
  • Reverse engineer or attempt to extract the source code of our software
  • Use automated methods to access or use our Services without our permission
  • Exceed your plan's generation limits through multiple accounts or other means

5.3 Usage Monitoring

We monitor usage to ensure compliance with subscription limits. If you reach your limit, you will need to upgrade your plan to continue generating images.

5.4 Copyright Ownership Confirmation

By uploading any content to our Services, you confirm and warrant that:

  • You are the legal owner of the content or have obtained all necessary permissions, licenses, or rights to use and upload such content
  • The content does not infringe upon any copyright, trademark, patent, or other intellectual property rights of any third party
  • You have the legal right to grant us the license described in section 6.1

If we receive a claim that your uploaded content violates someone else's intellectual property rights, we reserve the right to remove such content and/or terminate your account.

5.5 Prohibited Content

In accordance with our payment processor's (Stripe) policies on restricted businesses, you agree not to use our Services to create, generate, or distribute content that:

  • Contains adult content or pornography, including nudity in a sexual context or explicit sexual acts
  • Promotes illegal drugs, substances designed to mimic illegal drugs, or drug paraphernalia
  • Depicts or promotes violence, hate speech, or discrimination based on race, religion, disability, gender, sexual orientation, or other protected characteristics
  • Promotes gambling, betting, or games of chance
  • Violates intellectual property rights or facilitates copyright infringement
  • Promotes deceptive, fraudulent, or predatory practices
  • Contains sexually oriented dating or matchmaking content
  • Contains content related to marijuana, cannabis products, or related items
  • Creates or promotes counterfeit goods or unauthorized replicas
  • Promotes pyramid schemes, multi-level marketing, or "get rich quick" schemes
  • Promotes any other activities prohibited under Stripe's Restricted Businesses policy

We reserve the right to remove any content that violates these restrictions and to suspend or terminate accounts that engage in prohibited activities.

6. User Content and Intellectual Property

6.1 User Content Ownership

You retain ownership of any User Content you upload to our Services. By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, and process that content solely for the purpose of providing and improving our Services.

6.2 Generated Content

You own the rights to the thumbnails and images generated through our Services based on your prompts and uploaded photos, subject to the following conditions:

  • The content does not infringe on third-party rights
  • Your account is in good standing
  • You have not violated these Terms

6.3 Intellectual Property Rights

All intellectual property rights in our Services, including software, features, and design, are owned by us or our licensors. These Terms do not grant you any rights to use our trademarks, logos, or branding.

7. Privacy and Data Protection

7.1 Privacy Policy

Our Privacy Policy governs the collection, use, and processing of your personal information. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.

7.2 Data Security

We implement appropriate technical and organizational measures to protect your data. However, no method of transmission over the Internet is completely secure, and we cannot guarantee absolute security.

8. Limitation of Liability

8.1 Service Availability

We strive to ensure our Services are available and functioning properly. However, we do not guarantee uninterrupted access to our Services and are not liable for any downtime or unavailability.

8.2 Disclaimer of Warranties

The Services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

8.3 Limitation of Liability

To the maximum extent permitted by applicable law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, resulting from your use or inability to use the Services.

9. Indemnification

You agree to indemnify, defend, and hold harmless Flex Digital t/a Thumbnails.pro and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

10. Modifications to the Services and Terms

10.1 Service Changes

We reserve the right to modify or discontinue, temporarily or permanently, the Services or any features within the Services without notice.

10.2 Terms Updates

We may update these Terms from time to time. The updated version will be indicated by a revised "Last Updated" date. Your continued use of our Services after such changes constitutes your acceptance of the new Terms.

11. Termination

11.1 Termination by You

You may terminate your account and discontinue use of our Services at any time by following the instructions in your account settings or by contacting us.

11.2 Termination by Us

We may terminate or suspend your account and access to our Services immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

11.3 Effects of Termination

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law principles.

13. Dispute Resolution

Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the rules of the London Court of International Arbitration, which rules are deemed to be incorporated by reference into this clause.

14. General Provisions

14.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding your use of the Services and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Email: hello@thumbnails.pro Postal Address: Flex Digital t/a Thumbnails.pro, International House, London, SW7 4EF