Terms of Service

Effective as of December 18, 2024

Welcome and thank you for your interest in Realstagram ("Company", "we", "us" or "our"). These Terms of Service ("Terms") describe the terms and conditions that apply to your use of (i) the website located at realstagram.ai and its subdomains (collectively, the "Website") and (ii) the services, content, and other resources available on or enabled via our Website, including our AI image generation platform (collectively, with our Website, the "Service").

PLEASE READ THIS AGREEMENT CAREFULLY. IT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL VISITORS AND USERS. BY ACCESSING OR USING THE SERVICE IN ANY WAY, YOU REPRESENT THAT: (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST 18 YEARS OF AGE AND OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND (3) YOU ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE.

SUBSCRIPTIONS NOTICE. IF YOU SUBSCRIBE TO THE SERVICE YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT COMPANY'S THEN-CURRENT FEE FOR THE SAME SERVICE UNLESS YOU CANCEL IN ACCORDANCE WITH SECTION 10 (SUBSCRIPTIONS) BELOW.

FOR EU CONSUMERS: BY SUBSCRIBING AND USING THE SERVICE IMMEDIATELY, YOU ACKNOWLEDGE THAT THE SERVICE BEGINS RIGHT AWAY AND YOU EXPRESSLY CONSENT TO WAIVE YOUR RIGHT OF WITHDRAWAL UNDER THE CONSUMER RIGHTS DIRECTIVE.

1. USE OF THE SERVICE

1.1. Scope. The Service and content available on the Service are protected by applicable intellectual property (including copyright) laws. Your right to access and use the Service is subject to this Agreement. You also acknowledge, agree and consent to the terms of our Privacy Policy which is incorporated herein by reference.

1.2. License. Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) access and use the Service; and (ii) generate content using the Service, solely for your own personal or internal business purposes.

1.3. Updates. You understand that the Service is evolving. As a result, Company may update the Service with or without notifying you. Any future release, update or other addition to the Service shall be subject to this Agreement.

2. REGISTRATION

2.1. Registering Your Account. In order to access certain features of the Service, you may be required to register an account on the Service ("Account").

2.2. Registration Data. In registering an Account, you shall (i) provide true, accurate, current, and complete information about yourself as prompted by the registration form ("Registration Data"), and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete.

2.3. Your Account. You acknowledge and agree that you have no ownership or other property interest in your Account. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify Company immediately of any unauthorized use of your password or any other breach of security. You shall not have more than one Account at any given time. Company reserves the right to remove or reclaim any usernames at any time and for any reason.

3. RESPONSIBILITY FOR CONTENT

3.1. Types of Content. You acknowledge that any information, data, text, photographs, graphics, video, messages, and other materials accessible through the Service (collectively, "Content"), is the sole responsibility of the party from whom such Content originated. This means that you, and not Company, are entirely responsible for all Content that you upload, post, or otherwise make available through the Service ("Your Content").

3.2. Storage. Unless expressly agreed to by Company in writing elsewhere, Company has no obligation to store any of Your Content. Company has no responsibility or liability for the deletion or accuracy of any Content. You agree that Company retains the right to create reasonable limits on Company's use and storage of Content, such as limits on file size, storage space, and processing capacity.

4. OWNERSHIP

4.1. The Service. Except with respect to Your Content, you agree that Company and its suppliers or licensors own all rights, title and interest in the Service (including but not limited to, any computer code, themes, objects, concepts, artwork, animations, sounds, methods of operation, documentation, and Company software). You shall not remove, alter or obscure any copyright, watermark, trademark, service mark or other proprietary rights notices incorporated in or accompanying any of the Service.

4.2. Your Content. Company does not claim ownership of Your Content. However, when you make available any Content on or to the Service, you represent that you own and/or have sufficient rights to Your Content to grant the license set forth in Section 4.3.

4.3. License to Your Content. You grant Company a non-exclusive, transferable, perpetual, irrevocable, worldwide, fully-paid, royalty-free, sublicensable right and license to use, copy, reproduce, modify, adapt, prepare derivative works from, distribute, publicly perform, publicly display Your Content (in whole or in part) for the purposes of operating and providing the Service to you.

4.4. User Inputs and Outputs. The Company utilizes software and technology, including artificial intelligence, to process user inputs to the Service, such as text prompts and reference images ("Input"), and generate and return outputs based on such Inputs ("Output"). You own your Outputs. The Company does not claim ownership of any of your Inputs or Outputs, and does not restrict the use of Outputs for commercial use, subject to your compliance with these Terms.

4.5. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Company ("Feedback") is at your own risk and that Company has no obligations with respect to such Feedback. You agree that Company may use your Feedback without any restriction, attribution, or compensation to you.

5. USER CONDUCT AND RESTRICTIONS

5.1. Restrictions. As a condition of use, you shall not (and shall not permit any third party) to:

  • use the Service for any purpose that is prohibited by this Agreement or by applicable law;
  • take any action, or make available any Content, or knowingly create any Output, on or through the Service that:
    • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, hateful, offensive, or profane;
    • infringes the rights of any person or entity, including without limitation any copyright, privacy, publicity, trademark, patent, trade secret, or other proprietary or contractual rights;
    • depicts, sexualizes, or exploits minors in any way (zero tolerance policy - violations will be reported to authorities);
    • depicts realistic images of real, identifiable people without their consent;
    • constitutes deepfakes or misleading content designed to deceive others about real events;
    • intentionally or unintentionally violates any applicable local, state, national or international law or regulation.

5.2. Other Restrictions. You further agree not (and shall not permit any third party) to:

  • license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Service or any portion of the Service;
  • modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service;
  • use any manual or automated software, devices or other processes to "scrape" or download data from any web pages contained in the Service;
  • remove or destroy any copyright notices or other proprietary markings contained on or in the Service;
  • impersonate any person or entity, including any employee or representative of Company;
  • interfere with or attempt to interfere with the proper functioning of the Service.

6. MONITORING AND MODERATION

6.1. Monitoring. Company may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service and/or Content, including Your Content and Outputs, at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content.

6.2. Moderation. Company reserves the right to: (a) remove or refuse to process any of Your Content or Output for any or no reason; (b) take any action with respect to any of Your Content or Output that we deem necessary or appropriate if we believe that such Content or Output violates this Agreement; (c) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights; (d) take appropriate legal action, including referral to and cooperation with law enforcement; and/or (e) terminate or suspend your access to all or part of the Service for any or no reason.

7. THIRD-PARTY SERVICES

The Service may contain links to third-party websites, applications and advertisements. Such Third-Party Services are not under the control of Company, and Company is not responsible for any Third-Party Services. Company provides these Third-Party Services only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You use all links in Third-Party Services at your own risk.

8. PURCHASE TERMS AND REFUNDS

8.1. Third-Party Service Provider. The Company uses Stripe, Inc. and its affiliates as its third-party service provider for payment services. If you make a purchase on the Service, you will be required to provide your payment details directly to our Third-Party Service Provider. You agree to be bound by Stripe's Privacy Policy and its Terms of Service.

8.2. Payment. You shall pay all fees or charges ("Fees") to your Account in accordance with the fees, charges and billing terms in effect at the time a Fee is due and payable. By providing Company and/or our Third-Party Service Provider with your payment information, you agree that Company and/or our Third-Party Service Provider is authorized to immediately invoice your Account for all Fees due and payable. Company reserves the right to change its prices and billing methods at any time.

8.3. No Refunds. All payments are final and non-refundable. We do not offer refunds for subscription fees, unused credits, or any other charges. We encourage you to use our free tier to evaluate the Service before subscribing. Company may suspend or terminate your access to the Service immediately upon non-payment.

9. CREDITS

9.1. Credits. You may receive or purchase credits ("Credits") to access and use specific features of the Services. Purchased Credits constitute prepaid amounts for products and services available through the Services and may only be used within the specified timeframe.

9.2. Expiration. Credits do not roll over between billing periods. Unused credits expire at the end of each billing cycle and are replaced with your new monthly allocation. Unused Credits are forfeited upon Account cancellation or cessation of Services.

9.3. No Cash Value. Credits have no cash value, are non-transferable, non-reloadable, and non-redeemable for cash except as required by law. Company may change Credit terms at any time, and the value of Services obtainable with Credits is subject to change at Company's sole discretion.

10. SUBSCRIPTIONS

10.1. Subscriptions. If you purchase access to certain features and functionality of the Services on a time-limited basis (a "Subscription"), the Fee for such Subscription plus any applicable taxes and fees will be billed at the start of the Subscription and at regular intervals in accordance with your elections at the time of purchase (monthly). Company reserves the right to change the Subscription pricing at any time.

10.2. Automatic Renewal. Your Subscription will continue and automatically renew at Company's then-current price for such Subscription until terminated. By subscribing, you authorize Company to charge the payment method designated in your Account now and again at the beginning of each subsequent Subscription period.

10.3. Cancelling Subscriptions. You may cancel your subscription at any time through your account settings or the Stripe customer portal.

10.4. Effect of Cancellation. If you cancel, you may continue to use your Subscription until the end of the then-current term; it will not renew thereafter. No prorated refunds of any portion of the Subscription Fee will be provided for the current term.

11. INDEMNIFICATION

You shall indemnify and hold Company, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers and licensors harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (i) Your Content and/or Outputs; (ii) your misuse of the Service; (iii) your violation of this Agreement; (iv) your violation of any rights of another party; or (v) your violation of any applicable laws, rules or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

12. DISCLAIMER OF WARRANTIES

12.1. Service Offered As-Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE (INCLUDING ANY OUTPUT THEREFROM) IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

12.2. Outputs. Company further makes no representation or warranty as to the originality, legality, accuracy, or fitness of any Output. You acknowledge and agree that (i) Outputs may contain errors, omissions, offensive material, or third-party content; (ii) you are solely responsible for your use, distribution, or reliance on Outputs, including for compliance with applicable laws and third-party rights; and (iii) Company expressly disclaims any and all liability arising from or relating to Outputs.

12.3. No Guarantee. The Company makes no warranty that: (1) the Service will meet your requirements; (2) your use of the Service will be uninterrupted, timely, secure or error-free; or (3) the results from use of the Service will be accurate or reliable.

13. LIMITATION OF LIABILITY

13.1. Disclaimer of Certain Damages. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE.

13.2. Cap on Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (I) THE TOTAL AMOUNT PAID TO COMPANY BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (II) €100.

13.3. Exclusions. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

14. TERM AND TERMINATION

14.1. Term. The term of this Agreement commences on the date when you accept this Agreement and continues in full force and effect while you use the Service, unless terminated earlier in accordance with this Agreement.

14.2. Termination by Company. If you have materially breached any provision of this Agreement, or if Company is required to do so by law, Company has the right to immediately and without notice suspend or terminate any Service provided to you. Company also reserves the right to terminate this Agreement or your access to the Service at any time without cause upon notice to you.

14.3. Termination by You. If you want to terminate this Agreement, you may do so by (i) notifying Company at any time at realstagram.business@gmail.com and (ii) closing your Account for the Service.

14.4. Effect of Termination. Upon termination of the Service, your right to use the Service will automatically terminate, and we may delete Your Content. Company will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive will survive termination.

15. GOVERNING LAW AND JURISDICTION

15.1. Governing Law. This Agreement is governed by and construed in accordance with the laws of Slovenia, without regard to its conflict of law principles.

15.2. Jurisdiction. Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Slovenia.

15.3. For EU Consumers. Nothing in these Terms affects your rights under mandatory consumer protection laws of your country of residence. You may also be entitled to bring proceedings in the courts of your country of residence.

16. DISPUTE RESOLUTION

16.1. Informal Resolution. Before initiating any legal proceedings, you agree to first contact us at realstagram.business@gmail.com to attempt to resolve any dispute informally.

16.2. EU Online Dispute Resolution. If you are a consumer in the European Union, you may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr/.

17. GENERAL PROVISIONS

17.1. Electronic Communications. Communications between you and Company may occur electronically. For contractual purposes, you consent to receive communications in electronic form and agree that all terms, conditions, notices and other communications that Company provides electronically satisfy any legal requirement that such communications would satisfy if in writing.

17.2. Assignment. You may not assign, subcontract, delegate or transfer this Agreement or your rights or obligations without Company's prior written consent. Company may freely assign or transfer this Agreement without your consent.

17.3. Force Majeure. Company is not liable for delays or failures caused by events outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, pandemics, cyber attacks, internet outages, or shortages of materials.

17.4. Questions, Complaints, Claims. If you have any questions, complaints or claims regarding the Service, please contact us at: realstagram.business@gmail.com.

17.5. Agreement Updates. Company will post updates to these Terms of Service on the Service and update the "Effective as of" date. Company may require your consent before further use of the Service. If you do not agree to any change(s), stop using the Service.

17.6. Waiver. A waiver or failure to enforce any provision on one occasion is not a waiver of any other provision or of that provision on any other occasion.

17.7. Severability. If any portion of this Agreement is held invalid or unenforceable, it shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect.

17.8. Entire Agreement. This Agreement constitutes the final, complete and exclusive agreement between the parties regarding its subject matter and supersedes all prior discussions or agreements.