Terms of Service

1. About these terms

These Terms of Service ("Terms") form a binding agreement between you ("you", "your") and TCF Ltd trading as The Cloud Factory, a company registered in England and Wales under company number 17264204, registered office 47 Eridge Road, Tunbridge Wells, TN4 8HR ("we", "us", "our", the "Company"). Grafikarta is a product and brand operated by the Company. These Terms govern your access to and use of the Grafikarta software-as-a-service platform and related websites (the "Service").

By creating an account or using the Service, you confirm you have read, understood and agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Definitions

• Brand: a namespace you create in the Service grouping Products and visual identity (logo, name, colours).
• Product: a single sellable item belonging to a Brand, including reference images and descriptions.
• Generation: a single request to produce one or more images for a Product, consuming Credits.
• Credit: a prepaid unit of your account balance, consumed by Generations. Credits are granted on signup or bought via pay-as-you-go (PAYG) purchase, including Auto-reload.
• PAYG: one-time pay-as-you-go Credit purchase.
• Auto-reload: an optional setting that makes a PAYG purchase automatically, using a saved payment method, when your Credit balance falls below a threshold you choose.

3. Eligibility and account

You must be at least 18 years old and have the legal capacity to enter into a binding agreement. You agree to provide accurate registration details and keep them up to date. You are responsible for safeguarding your account credentials and for all activity under your account.

4. The Service

Grafikarta provides an AI-assisted platform for generating product photography and marketplace advertising imagery. You upload reference images and Product details; the Service generates output images via third-party AI providers. The Service is provided on an "as-is" and "as-available" basis. We may add, modify or remove features at any time.

5. Credits, PAYG and Auto-reload

• Signup grant. New accounts receive a one-time free Credit grant with limited expiry, the amount and expiry of which is shown at signup.
• PAYG Credits are purchased in batches (minimum and step size shown at checkout) and expire twelve (12) months after purchase.
• Auto-reload. Auto-reload is optional. By turning it on, you authorise us, through our payment processor Stripe, to store your payment method and to charge it automatically, without further action from you, for the Credit amount you choose whenever your Credit balance falls below the threshold you choose. Each charge is a separate PAYG purchase at the PAYG price per Credit, and the Credits it buys are subject to the same terms as any other PAYG Credits. You can turn Auto-reload off at any time on the billing page, which stops future charges. If a charge fails, Auto-reload is switched off.
• Consumption. Each Generation consumes the number of Credits shown to you before you generate it. That number varies with the model, the resolution, the number of outputs and, for video, the length. Credits are taken from your non-expired buckets, soonest-expiring first. Failed Generations are refunded automatically to a refund bucket inheriting the original expiry.
• Expiry. Expired Credits cannot be restored.

6. Payment and billing

Payments are processed on our behalf by a third-party payment processor. By providing payment details you authorise us and our payment processor to charge the applicable fees, including Auto-reload charges while Auto-reload is on. All fees are exclusive of taxes unless stated.

7. Refunds and cancellation

PAYG purchases, including Auto-reload charges, are non-refundable except where required by law. Credits already consumed are non-refundable. You can stop future Auto-reload charges at any time by turning Auto-reload off on the billing page.

8. Your content and licence

You retain all rights, title and interest in the reference images, prompts and Product data you submit ("Your Content"). You grant us a worldwide, non-exclusive, royalty-free licence to use Your Content solely to operate and improve the Service, including transmitting it to third-party AI providers strictly for the purpose of producing your requested Generations, and allowing authorised staff to review Your Content and the resulting Outputs to monitor and improve their quality.

You represent and warrant that you own, or have all necessary rights to submit, Your Content and to authorise its use as described above, and that Your Content does not infringe any third-party rights.

9. Generated output

Subject to your compliance with these Terms and payment of applicable fees, we assign to you all rights we hold, if any, in the output images produced for your account ("Outputs"). You acknowledge that under current English law, AI-generated outputs may not always attract independent copyright protection and that similar outputs may be produced for other users. You are responsible for verifying Outputs are suitable for your intended use.

10. Acceptable use

You must not use the Service to:

• generate content that is unlawful, infringing, defamatory, obscene, deceptive, or violates third-party rights;
• generate content depicting identifiable individuals without authorisation, or any child sexual abuse material;
• attempt to reverse engineer, scrape, or interfere with the Service or its infrastructure;
• resell, sublicense or distribute the Service except as expressly permitted.

11. Third-party services

The Service relies on carefully selected third-party service providers, contractors, business partners and technology providers who assist us in operating, maintaining, securing, improving and providing the Service, including payment processing, AI image generation, email delivery, cloud hosting and storage, and authentication. Their use of data is governed by their respective terms and our Privacy Policy.

12. Suspension and termination

We may suspend or terminate your access to the Service with or without notice if you breach these Terms, present a risk to the Service or other users, or fail to pay fees due. You may terminate your account at any time by contacting us at [email protected].

13. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or that the Service will be uninterrupted or error-free.

14. Limitation of liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded under English law. Subject to that, our total aggregate liability arising under or in connection with these Terms shall not exceed the greater of (i) the fees you paid to us in the twelve (12) months preceding the event giving rise to the claim or (ii) £100. We shall not be liable for any indirect, consequential, special or punitive losses, loss of profits, loss of business or loss of data.

15. Indemnity

You agree to indemnify and hold us harmless from any third-party claim arising from Your Content, your use of the Service in breach of these Terms, or your violation of any applicable law or third-party rights.

16. Changes

We may amend these Terms from time to time. Material changes will be notified via the Service or by email. Continued use of the Service after notice constitutes acceptance.

17. Governing law and jurisdiction

These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute arising from or related to these Terms, save that consumers domiciled in the EU/EEA retain the right to bring proceedings in their local courts where required by mandatory law.

18. Contact

Questions about these Terms? Contact us at [email protected].

19. Company information

• Company name: TCF Ltd
• Trading name: The Cloud Factory
• Company registration number: 17264204
• Contact email: [email protected]

TCF Ltd is registered in England and Wales. Grafikarta is a product and brand operated by TCF Ltd trading as The Cloud Factory.