Terms of Service · Eluvana

1. Who these terms are between

The service is operated by [Legal Entity Name], [Company Number], [Country of Incorporation], registered at[Street Address], [City], [Postal Code], [Country] ("we", "us"). By creating an account or using the service you agree to these terms. If you are agreeing on behalf of a company, you confirm you have authority to bind it, and "you" means that company.

If you do not agree to these terms, do not use the service.

2. The service

The service generates product images from photographs you upload, using third-party AI image-generation models. It produces main images, detail crops, lifestyle scenes and locally edited variants, sized for online marketplaces.

The service is provided on a software-as-a-service basis. We may change, add or remove features. If we remove a feature you depend on materially, we will give reasonable notice by email where we can.

3. Accounts

You must be at least 18, or the age of majority where you live, to hold an account.
You sign in with Google or with an email address. Keep access to that sign-in method secure; you are responsible for activity carried out through your account.
One account per person or organisation. Do not share credentials or resell access.
Give accurate account information and keep it current, including billing details.
Tell us promptly at support@eluvana.com if you believe your account has been accessed without authorisation.

4. Acceptable use

You may not use the service to:

Upload product images you do not own or otherwise have the rights to use, including photographs taken by someone else, manufacturer renders you are not licensed to use, or images scraped from another seller's listings.
Generate images that infringe a trade mark, copyright, design right or other intellectual property right — including counterfeit goods, replica branding and unlicensed character merchandise.
Produce images that misrepresent a product: implying materials, dimensions, condition, certifications or included accessories that the buyer will not receive.
Upload or generate sexual content involving minors, content depicting real people without their consent, or content that is unlawful, defamatory, or promotes violence or hatred.
Generate images of regulated goods where doing so is unlawful in your jurisdiction, including weapons, controlled substances and counterfeit currency or documents.
Scrape, crawl or systematically extract data from the service, or use automated means to access it outside a documented API, including harvesting other users' content.
Reverse engineer, decompile or attempt to derive model weights, prompts or source code from the service.
Circumvent rate limits, credit accounting or access controls, or resell raw generation capacity as a competing service.
Interfere with the service's operation or security, including attempting to gain unauthorised access to any system or account.

We may suspend or remove content and suspend accounts that breach this section. Where the breach is serious — illegal content, infringement at scale, or a security attack — we may act without prior notice.

5. Your content and our licence

You keep ownership of what you upload. Uploading a photograph does not transfer any rights in it to us.

To operate the service, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, transmit and process your uploads and generated images, and to transmit them to the third-party AI model providers and infrastructure providers listed in the Privacy Policy. The licence exists only to run the service for you, and it ends when you delete the content or your account, subject to the retention periods in the Privacy Policy.

We do not use your uploads or generated images to train models, and we do not use them in marketing, without your separate, explicit opt-in.

You warrant that you hold the rights necessary to upload each image and to grant this licence, and that your use of the outputs will not infringe anyone's rights.

6. Generated images

As between you and us, you own the images the service generates from your uploads, to the fullest extent such ownership is permitted by applicable law, and you may use them commercially — in listings, advertising, social media and print, including for clients.

Two honest limits on that:

Copyright in AI-generated material is unsettled. Several jurisdictions do not recognise copyright in output produced without sufficient human authorship. We cannot grant you rights that the law does not create. What we can and do give you is an unrestricted, perpetual right to use the outputs, and an undertaking that we claim no ownership in them.
Outputs are not unique. Similar inputs can produce similar outputs for different users. We do not warrant that a generated image is original or that no comparable image exists.

7. Credits, payment and refunds

One credit produces one image, at any output resolution. Credits are bought in one-off packages; there is no subscription.
Credits do not expire. They remain on your account until spent or until the account is deleted.
Failed generations are not charged. A credit is deducted only when an image is successfully delivered to your library. Failed, timed-out and safety-blocked generations return the credit automatically.
Credits have no cash value, are not transferable between accounts, and are not a stored-value or payment instrument.
Payments are processed by Polar as Merchant of Record. Polar is the seller of record, issues the invoice, and calculates and remits applicable VAT, GST and sales tax. We do not receive or store your payment card details.
Credits are non-refundable, except where a refund is granted under Polar's refund policy or where a refund is required by mandatory consumer law that cannot be excluded. Request a refund by emailing support@eluvana.com; we will raise it with Polar. Credits already spent on delivered images are not refundable.
Prices may change. A change never affects credits you have already bought.

8. Availability and support

We aim to keep the service available and to fix faults promptly, but we do not offer a contractual uptime commitment on standard accounts. Planned maintenance will be announced where practical. Third-party AI model providers occasionally degrade or change behaviour; where that affects output quality we will say so rather than pretend otherwise.

Support is by email at support@eluvana.com.

9. Disclaimers

The service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, accuracy and non-infringement.

In particular, we do not warrant that:

Generated images will be accepted by any marketplace. Marketplace image policies are set and enforced by those marketplaces, change without notice, and vary by category. Our presets reflect published requirements at the time of writing; compliance remains your responsibility.
Generated images will be free of artefacts, or will be a faithful representation of your product. You must review every image before publishing it.
The service will be uninterrupted, error-free or secure against every possible attack.

Nothing in these terms excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence, or for fraud.

10. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost sales or loss of goodwill — including losses arising from a suspended listing, a removed product or a marketplace account action.

Our total aggregate liability arising out of or relating to the service is limited to the greater of (a) the amount you paid us in the twelve months before the event giving rise to the claim, and (b) USD 100.

11. Indemnity

You will indemnify us against claims, losses and reasonable costs arising from your breach of these terms, from content you upload, or from your use of generated images — including third-party claims that an uploaded photograph or a published listing infringes their rights.

12. Termination

By you: you may stop using the service and delete your account at any time. Deletion is described in the Privacy Policy and includes a 14-day grace period during which it can be reversed. Unspent credits are not refunded on deletion by default — request a refund before deleting if you hold a balance.

By us: we may suspend or terminate your account if you materially breach these terms, if we are required to by law, or if continuing would expose us or other users to legal or security risk. Except where the breach is serious or urgent, we will give notice and a reasonable opportunity to fix the problem first.

If we terminate your account other than for breach, we will refund unspent credits through Polar.

Sections 5 (licence, as to content already processed), 6, 9, 10, 11 and 13 survive termination.

13. Changes, governing law and disputes

We may update these terms. For material changes we will give at least 14 days' notice by email or in-app before they take effect. Continuing to use the service after that means you accept the updated terms; if you do not, stop using the service and request a refund of unspent credits.

These terms are governed by the laws of [Governing Law Jurisdiction], and the courts of that jurisdiction have exclusive jurisdiction over disputes — except that if you are a consumer, you keep the benefit of any mandatory protections and any right to bring proceedings in the courts of your country of residence.

14. General

If a provision is held unenforceable, the rest remains in force.
Our not enforcing a right is not a waiver of it.
You may not assign these terms without our consent; we may assign them to a successor in connection with a merger, acquisition or sale of assets.
These terms, together with the Privacy Policy and Cookie Policy, are the entire agreement between us about the service.

15. Contact

[Legal Entity Name], [Company Number], [Country of Incorporation]
[Street Address], [City], [Postal Code], [Country]
support@eluvana.com