Terms of Service

Last Updated: January 20, 2026

1. Acceptance of Terms

By accessing and using the Service ("Thumbnail Generator"), which is operated by ACAI Software Limited ("ACAI", "we", "us"), a company registered in Jersey, Channel Islands, you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to these Terms of Service, please do not use our Service.

2. Description of Service

Thumbnail Generator is an AI-powered thumbnail generation service that allows users to create custom thumbnails for their digital content. The Service uses artificial intelligence (Google Gemini AI) and machine learning technologies to generate images based on user inputs.

3. User Accounts

3.1 Account Creation

You must provide accurate and complete information when creating an account
You are responsible for maintaining the security of your account credentials
You must be at least 13 years old to use this Service
One person or entity may not maintain more than one free account

3.2 Account Responsibility

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

4. Subscription Plans and Billing

4.1 Available Plans

Free: 3 credits (one-time, no payment required)
Single Credit: $1 USD - 1 credit (one-time purchase)
Starter: $12 USD/month - 60 generation credits + 30 fix credits
Creator: $29 USD/month - 200 generation credits + 100 fix credits + priority support
Agency: $79 USD/month - 600 generation credits + 300 fix credits + team access

4.2 Payment Processing

All payments are processed securely through our third-party payment provider (e.g., PayPal or a configured external provider). We do not store your payment information. By making a purchase, you agree to your payment provider's Terms of Service and Privacy Policy.

4.3 Billing Cycles

Subscriptions are billed monthly on the date of subscription
Credits reset at the beginning of each billing cycle
Unused credits do not roll over to the next month
You will be charged automatically each month until you cancel

4.4 Taxes

Prices listed do not include applicable taxes. Customers in Jersey may be subject to 5% Goods and Services Tax (GST). Other jurisdictions may have additional tax requirements that will be calculated at checkout by your payment provider.

5. Credits and Usage

5.1 Credit System

1 credit = 1 AI-generated thumbnail
Fix credits are tracked separately from generation credits (limits apply per plan)
Credits expire at the end of each monthly billing cycle (subscriptions only)
One-time purchased credits ($1 single credit) do not expire

5.2 Fair Use Policy

Our service is intended for legitimate thumbnail generation. We reserve the right to suspend accounts that:

Abuse the system through automated requests
Generate illegal, harmful, or inappropriate content
Attempt to circumvent usage limits
Share account access with multiple users

6. Referral and Affiliate Programs

6.1 Referral Program

Users receive a unique referral code upon registration
Earn 1 free credit when someone signs up using your referral code
Referral credits are awarded once per unique user
Abuse of the referral system may result in credit revocation and account suspension

6.2 Affiliate Program

Approved affiliates earn commission on referred subscriptions
Commission rates and terms are defined in the separate Affiliate Agreement
Affiliates must comply with all applicable advertising laws and regulations

7. Promo Codes

Promo codes may be offered for credits or discounts
Each promo code can only be redeemed once per account
Promo codes may have expiration dates
Promo codes cannot be combined unless explicitly stated
We reserve the right to void fraudulently obtained promo codes

8. Cancellation and Refunds

8.1 Subscription Cancellation

You may cancel your subscription at any time through your PayPal account
Cancellation takes effect at the end of the current billing period
You retain access to paid features until the end of the paid period
No partial refunds for mid-cycle cancellations

8.2 Refund Policy

See our separate Refund Policy for detailed information about refunds and money-back guarantee.

9. Intellectual Property

9.1 Generated Content

You retain ownership of images you upload to the Service
You own the generated thumbnails created using our Service
We retain the right to display generated content for promotional purposes (unless you opt out)
You grant us a license to process your content to provide the Service

9.2 Service Content

All Service code, design, branding, and functionality are owned by ACAI Software Limited and protected by copyright, trademark, and other intellectual property laws.

10. Prohibited Use

You agree not to use the Service to generate:

Illegal, harmful, threatening, or abusive content
Content that violates intellectual property rights
Sexually explicit or pornographic material
Content promoting violence, discrimination, or hate speech
Misleading or deceptive content
Content that violates any applicable laws or regulations

11. Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service
We may perform maintenance that temporarily affects availability
We are not liable for service interruptions beyond our control

12. Data and Privacy

Your use of the Service is also governed by our Privacy Policy and Data Retention Policy. Please review these documents to understand how we collect, use, and protect your data.

13. Limitation of Liability

To the maximum extent permitted by law:

ACAI Software Limited is not liable for indirect, incidental, or consequential damages
Our total liability is limited to the amount you paid in the last 12 months
We provide the Service "as is" without warranties of any kind

14. Indemnification

You agree to indemnify and hold ACAI Software Limited harmless from any claims arising from:

Your use of the Service
Content you generate or upload
Your violation of these Terms
Your violation of any rights of another party

15. Modifications to Service and Terms

We may modify these Terms at any time
Material changes will be notified via email or Service notification
Continued use after changes constitutes acceptance
We may modify, suspend, or discontinue any part of the Service at any time

16. Termination

We may terminate or suspend your account immediately if you:

Violate these Terms of Service
Engage in fraudulent activity
Abuse or misuse the Service
Fail to pay for paid services

17. Governing Law and Jurisdiction

These Terms are governed by the laws of Jersey, Channel Islands. Any disputes shall be resolved in the courts of Jersey. For users in the European Union, you may also have rights under EU consumer protection laws.

18. Dispute Resolution

We encourage you to contact us first to resolve any disputes
If resolution is not possible, disputes will be resolved through binding arbitration
EU users maintain their rights under EU consumer protection regulations

19. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

20. Marketing Communications

By creating an account, you consent to receive marketing emails from ACAI Software Limited regarding:

Updates and new features for the Thumbnail Generator service
Special offers, promotions, and discount codes
Information about other ACAI Software products and services
Tips, tutorials, and best practices

You may opt out of marketing emails at any time by:

Clicking the unsubscribe link in any marketing email
Contacting us directly at bunty.chops1@gmail.com

Please note that opting out of marketing emails will not affect transactional emails (e.g., receipts, account notifications, security alerts).

21. Contact Information

ACAI Software Limited
Jersey, Channel Islands
Email: bunty.chops1@gmail.com
Website: acai.software

By using the Thumbnail Generator service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.