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.
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.
This section is critical for an AI generation service.
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.
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.
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:
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.
You agree not to use the Service to create, upload, or share any content that:
You also agree not to:
"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.
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.
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.
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.
If you have any questions about these Terms, please contact us at:
Fuzzy Bear Studios LLC
Email: [email protected]