Terms of Service

Last updated: 9/17/2025

Please read these Terms of Service ("Terms") carefully before using Ever Last AI (the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility & Accounts

You must be able to form a binding contract to use the Service. You are responsible for your account and for all activity that occurs under it. Keep your credentials secure and notify us promptly of any unauthorized use.

2. User Content & Ownership

You retain all rights to images and content you upload ("User Content"). By uploading User Content, you grant Ever Last AI a non-exclusive, worldwide, royalty-free license to host, process, transform, and display your User Content solely to provide and improve the Service (including generating outputs and storing them as configured by your plan).

You represent and warrant that you have all necessary rights, licenses, and permissions to upload the User Content you submit, and to grant the license above. You further represent that your uploads do not violate any law, third-party rights (including privacy, publicity, or intellectual property), or our Acceptable Use Policy below.

3. Generated Outputs

Subject to these Terms and any applicable third-party model or API provider terms, you own the rights in the images generated for you through the Service ("Outputs"). Ever Last AI may retain and use Outputs and limited associated metadata to operate, secure, and improve the Service (for example, to store your gallery if your plan includes persistence), consistent with our Privacy Policy.

4. Acceptable Use

You agree not to upload or generate content that is:

• unlawful, infringing, defamatory, harassing, hateful, or discriminatory;
• sexually explicit or exploitative; involves minors; or violates privacy rights;
• intended to impersonate others without their consent;
• designed to spam, phish, or otherwise harm systems or individuals;
• in violation of any applicable law or regulation.

You must only upload images you have rights to use. If your content includes identifiable individuals, you affirm you have obtained appropriate permissions/consents. We may remove or disable content that we reasonably believe violates these Terms.

5. Storage, Retention, and Deletion

Storage of uploads and outputs depends on your plan settings. Free plans may not retain uploads by default; paid plans may include auto-save. We may delete non-persisted uploads after processing. You are responsible for backing up your content. We may retain minimal logs and metadata as described in the Privacy Policy.

6. Third-Party Services

We use third-party services (e.g., authentication, hosting, storage, and AI model providers) to deliver the Service. Your use is also subject to their terms and policies. We are not responsible for third-party services.

7. Payments & Credits

Some features require paid plans or credits. Fees are non-refundable except where required by law. We may adjust credit balances to correct errors or misuse. Failure to pay may suspend or terminate access to paid features.

8. DMCA / IP Complaints

If you believe content on the Service infringes your rights, please contact us with sufficient detail to identify the work claimed to be infringed and the allegedly infringing material. We may remove content and, where appropriate, terminate repeat infringers.

9. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including fitness for a particular purpose, accuracy, or non-infringement. We do not guarantee any particular output quality or availability.

10. Limitation of Liability

To the maximum extent permitted by law, Ever Last AI and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to your use of the Service.

11. Indemnification

You agree to defend, indemnify, and hold harmless Ever Last AI from any claims, liabilities, damages, losses, and expenses arising from or related to your User Content, your use of the Service, or your violation of these Terms.

12. Termination

We may suspend or terminate your access if you violate these Terms or if necessary to protect the Service. Upon termination, your rights under these Terms will cease. Sections intended to survive will survive.

13. Changes

We may update these Terms from time to time. Material changes will be posted on this page with an updated date. Your continued use of the Service after changes take effect constitutes acceptance.

14. Contact

Questions about these Terms or IP complaints: contact us at support@ever-last.ai (placeholder).

This document is a general template and not legal advice. Consult qualified counsel for your specific situation.