Terms of Service for Thumbly

Effective Date: October 26, 2023

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE THUMBLY SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.

1. Introduction

Welcome to Thumbly! These Terms of Service ("Terms") govern your use of the website located at thumbly.ai (the "Site") and the AI thumbnail generation services, features, and content offered by Fuzzy Bear Studios LLC ("we," "us," or "our") (collectively, the "Service").

These Terms, along with our Privacy Policy, constitute a legally binding agreement between you and Fuzzy Bear Studios LLC.

2. Eligibility and Accounts

  • Age Requirement: You must be at least 13 years old to use the Service (or 16 years old if you are in the European Economic Area).
  • Account Creation: To access the core features of the Service, you must create an account. You may do so by logging in through a third-party service such as Google or X (formerly Twitter). By doing so, you authorize us to access certain account information from that service, as described in our Privacy Policy.
  • Account Responsibility: You are responsible for all activities that occur under your account and for keeping your account credentials secure. You agree to notify us immediately of any unauthorized use of your account.

3. The Service and Payments

  • Service Description: Thumbly is a Software-as-a-Service (SaaS) application that allows users to generate thumbnails using artificial intelligence.
  • Payments: Access to certain features of the Service requires a one-time payment. All payments are processed through our third-party payment processor, Stripe. By providing payment information, you agree to Stripe's terms and privacy policy. We do not store your full credit card information.
  • No Refunds: All payments are final and non-refundable. Due to the computational costs associated with generating AI content, once a purchase is made and the service is rendered, we cannot offer a refund.

4. Content Ownership and Licenses

This section is critical for an AI generation service.

Your Inputs:

You retain all ownership rights to the text prompts, images, or other content you submit to the Service ("Inputs"). You are solely responsible for your Inputs and represent that you have all necessary rights to use them with our Service and that they do not infringe on any third-party rights.

Generated Outputs:

Subject to your compliance with these Terms, Fuzzy Bear Studios LLC hereby assigns to you all its right, title, and interest in and to the AI-generated thumbnails you create using the Service ("Outputs"). You are free to use the Outputs for any purpose, including personal or commercial use.

Our License to Your Content:

To operate and improve the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, and process your Inputs and Outputs solely for the purposes of:

  • Providing the Service to you.
  • Displaying your Outputs within your user account.
  • Improving our Service, including training our AI models. (Any data used for training will be anonymized and aggregated to protect your privacy).

Service Intellectual Property:

All rights, title, and interest in and to the Service itself, including its "look and feel," software, code, branding, and logos, are and will remain the exclusive property of Fuzzy Bear Studios LLC.

5. Acceptable Use Policy

You agree not to use the Service to create, upload, or share any content that:

  • Is illegal, fraudulent, or promotes illegal activities.
  • Infringes on the intellectual property rights (copyright, trademark, etc.) of any third party.
  • Is harmful, defamatory, obscene, harassing, threatening, or hateful.
  • Contains sexually explicit material or promotes violence.
  • Contains personal or confidential information of others without their express consent.
  • Is designed to mislead others, such as the creation of "deepfakes" or disinformation, without clear disclosure.

You also agree not to:

  • Reverse-engineer, decompile, or attempt to extract the source code of the Service.
  • Use any automated system, such as "bots" or "scrapers," to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.
  • Interfere with or disrupt the integrity or performance of the Service.

6. Termination

  • By You: You may terminate your account at any time by contacting us at [email protected].
  • By Us: We reserve the right to suspend or terminate your access to the Service at any time, with or without cause or notice, for any reason, including but not limited to a violation of these Terms.

7. Disclaimers and Limitation of Liability

"AS IS" Service: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

AI-Generated Content: YOU ACKNOWLEDGE THAT THE OUTPUTS ARE GENERATED BY ARTIFICIAL INTELLIGENCE. WE MAKE NO GUARANTEES AS TO THE ACCURACY, QUALITY, OR ORIGINALITY OF THE OUTPUTS. THE OUTPUTS MAY BE SIMILAR OR IDENTICAL TO CONTENT GENERATED FOR OTHER USERS AND MAY NOT BE UNIQUE. IT IS YOUR RESPONSIBILITY TO ENSURE THE OUTPUTS ARE FIT FOR YOUR INTENDED PURPOSE.

Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FUZZY BEAR STUDIOS LLC, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SERVICE IS LIMITED TO THE AMOUNT YOU HAVE PAID US, IF ANY, IN THE LAST SIX (6) MONTHS.

8. Indemnification

You agree to defend, indemnify, and hold harmless Fuzzy Bear Studios LLC from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

9. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of the State of Florida, USA, without regard to its conflict of law provisions. Any dispute arising from these Terms shall be resolved in the state or federal courts located in Florida.

10. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Site or through other communications. Your continued use of the Service after the effective date of the new Terms constitutes your acceptance of the changes.

11. Contact Us

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

Fuzzy Bear Studios LLC

Email: [email protected]