Terms of Service

Last Updated: December 6, 2025 Version: 1.0.0

1. Acceptance of Terms

By accessing or using ViewBait ("Service", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service.

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through a notice on the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Eligibility and Age Requirements

You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent's or guardian's permission to use the Service and that they have read and agreed to these Terms on your behalf.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Service, you must create an account. You may register using:

• Email address and password
• Google OAuth (when available)

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

4. Description of Service

ViewBait is an AI-powered web application that helps users create YouTube thumbnails. The Service includes:

• AI Thumbnail Generation: Generate thumbnails using artificial intelligence based on your inputs (video title, style, color palette, aspect ratio, resolution)
• Face Integration: Upload face images to be integrated into thumbnails with various emotions and poses
• Style Management: Create, save, and use custom visual styles or choose from curated presets
• Color Palettes: Use curated or custom color palettes, with AI-powered palette extraction from images
• AI Title Enhancement: Receive AI-generated title suggestions for your videos
• Gallery and Storage: Save, organize, favorite, and download generated thumbnails
• Reference Images: Upload reference images to guide AI generation

The Service uses third-party AI services to power generation features. We do not guarantee the accuracy, quality, or suitability of AI-generated content.

5. Your Use of the Service

5.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or commercial use in creating thumbnails.

5.2 Restrictions

You agree NOT to:

• Reverse engineer, decompile, or disassemble the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Use the Service for any illegal purpose or in violation of any laws
• Exploit bugs or vulnerabilities in the Service
• Resell, sublicense, or redistribute the Service or any content generated through it
• Use the Service to generate content that violates these Terms or applicable laws

6. User Content and Intellectual Property

6.1 Your Content

You retain ownership of content you upload to the Service ("User Content"), including:

• Face images
• Reference images
• Style descriptions and prompts
• Custom color palettes

6.2 License to Us

By uploading User Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Store, process, and display your User Content on the Service
• Use your User Content to provide and improve the Service
• Generate thumbnails and other outputs based on your User Content

This license continues even after you stop using the Service, to the extent necessary for us to provide the Service to you and other users.

6.3 Generated Content

You own the thumbnails and other content generated by the Service using your inputs. However:

• Generated content may incorporate elements from our AI models, style libraries, or other users' public styles
• We do not guarantee that generated content is free from third-party intellectual property claims
• You are responsible for ensuring your use of generated content complies with applicable laws and third-party rights

6.4 Public Sharing

If you choose to share styles, palettes, or other content publicly on the Service:

• Other users may view and use your public content
• You grant other users a license to use your public content within the Service
• You are responsible for ensuring you have the right to share such content

6.5 Prohibited Content

You may not upload or generate content that:

• Infringes any copyright, trademark, or other intellectual property right
• Violates any person's privacy or publicity rights
• Is illegal, harmful, threatening, abusive, harassing, defamatory, or obscene
• Contains hate speech or discriminates against individuals or groups
• Depicts violence, self-harm, or illegal activities
• Contains personal information of others without consent
• Violates any applicable laws or regulations

We reserve the right to remove any User Content or generated content that violates these Terms.

6.6 DMCA and Copyright

If you believe content on the Service infringes your copyright, please contact us with:

• A description of the copyrighted work
• Identification of the infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury

Contact: YourIndie101@gmail.com

7. Payments, Subscriptions, and Credits

7.1 Subscription Tiers

The Service offers the following subscription tiers:

7.2 Credit System

• 1K resolution = 1 credit
• 2K resolution = 2 credits
• 4K resolution = 4 credits

Credits are:

• Non-transferable: Credits cannot be transferred between accounts or to other users
• No cash value: Credits have no monetary value and cannot be redeemed for cash
• Monthly allocation: Credits reset each billing cycle (subscription renews)
• Non-refundable: Unused credits do not carry over to the next billing cycle unless explicitly stated
• Subject to change: Credit costs and allocations may change with notice

7.3 Free Tier

The free tier includes:

• 10 credits per month
• Access to 1K resolution generation only
• Watermarked thumbnails
• 30-day storage of generated content
• No AI Title Enhancement feature

Free tier users may upgrade to a paid subscription at any time.

7.4 Subscription Billing

• Subscriptions are billed monthly in advance
• Payment is processed through Stripe (third-party payment processor)
• All prices are in USD unless otherwise stated
• Prices may change with 30 days' notice to existing subscribers
• Taxes may apply based on your location

7.5 Renewal and Cancellation

• Subscriptions automatically renew each month unless cancelled
• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• You will retain access to paid features until the end of your billing period
• No refunds are provided for partial billing periods

7.6 Refunds

• Subscription refunds: We do not provide refunds for subscription fees except as required by law or at our sole discretion
• Credit refunds: Unused credits are not refundable
• Chargebacks: If you initiate a chargeback or dispute a payment, we reserve the right to suspend or terminate your account and forfeit any remaining credits

7.7 Payment Issues

If payment fails:

• We will attempt to notify you
• Your subscription may be downgraded to the free tier
• Access to paid features may be suspended until payment is resolved
• We are not responsible for any loss of data or content due to payment failure

8. Acceptable Use and Prohibited Conduct

You agree NOT to:

• Abuse the Service: Use the Service in a manner that could damage, disable, overburden, or impair our servers or networks
• Scraping: Use automated tools to extract data from the Service without permission
• Rate Limiting: Attempt to circumvent rate limits or usage restrictions
• Fraud: Use stolen payment methods, create fake accounts, or engage in any fraudulent activity
• Harassment: Harass, threaten, or harm other users or our staff
• Impersonation: Impersonate any person or entity
• Spam: Send unsolicited communications or spam through the Service
• Malware: Upload or transmit viruses, malware, or other harmful code
• Commercial Resale: Resell access to the Service or generated content for commercial gain without authorization

Violation of these rules may result in immediate suspension or termination of your account.

9. Third-Party Services

The Service integrates with third-party services, including:

• Supabase: For authentication, database, and storage
• Stripe: For payment processing
• Resend: For email delivery
• Google OAuth: For authentication (when available)

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services.

10. Service Availability and Modifications

10.1 Availability

We strive to maintain Service availability but do not guarantee:

• Uninterrupted or error-free operation
• Specific uptime percentages
• That the Service will be available at all times

We may perform maintenance, updates, or modifications that temporarily interrupt Service availability.

10.2 Changes to Service

We reserve the right to:

• Modify, suspend, or discontinue any feature of the Service
• Change pricing, credit costs, or subscription tiers with notice
• Add or remove features
• Impose usage limits or restrictions

We will provide reasonable notice of material changes that affect your use of the Service.

11. Termination and Suspension

11.1 Termination by You

You may terminate your account at any time by:

• Cancelling your subscription (if applicable)
• Deleting your account through account settings
• Contacting us to request account deletion

Upon termination:

• Your access to the Service will cease
• Your User Content may be deleted in accordance with our data retention policies
• Free tier: Content deleted after 30 days
• Paid tiers: Content may be retained per our storage policies

11.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• You engage in fraudulent, illegal, or harmful activity
• Payment fails and is not resolved
• You initiate a chargeback or payment dispute
• We are required to do so by law

Upon termination by us:

• Your access to the Service will be immediately revoked
• Any remaining credits will be forfeited
• Your User Content may be deleted
• You will not be entitled to any refund

11.3 Effect of Termination

Upon termination, all licenses granted to you will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including Sections 6 (Intellectual Property), 12 (Disclaimers), 13 (Limitation of Liability), and 14 (Indemnification).

12. Disclaimers

12.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

12.2 AI-Generated Content

WE DO NOT WARRANT THAT:

• AI-generated content will meet your requirements or expectations
• Generated thumbnails will be free from errors, defects, or third-party claims
• The Service will generate content suitable for your intended use
• AI outputs are accurate, complete, or reliable

You are solely responsible for reviewing, editing, and ensuring the suitability of all generated content before use.

12.3 No Professional Advice

The Service provides tools for creating thumbnails. We do not provide:

• Professional design advice
• Legal advice regarding copyright or intellectual property
• Business or marketing advice
• Any other professional services

Any information provided through the Service is for informational purposes only and should not be considered professional advice.

12.4 Third-Party Content

We do not endorse, warrant, or assume responsibility for any third-party content, services, or websites linked to or accessible through the Service.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM
• WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, CONTENT, OR BUSINESS OPPORTUNITIES
• WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless ViewBait, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights
• Your use of generated content

15. Changes to Terms

We may modify these Terms at any time. Material changes will be communicated via:

• Email to your registered email address
• A prominent notice on the Service
• Updated "Last Updated" date at the top of this document

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and terminate your account.

16. Governing Law and Dispute Resolution

16.1 Governing Law

These Terms shall be governed by the laws of the State of Hawaii, United States, without regard to its conflict of law provisions.

16.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved in the state and federal courts located in Honolulu, Hawaii. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such dispute.

If you have a dispute with us, please contact us first to attempt to resolve it informally.

17. Contact Information

If you have questions about these Terms, please contact us:

Email: YourIndie101@gmail.com

18. Miscellaneous

18.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

18.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

18.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

18.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

18.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet or telecommunications failures.

By using ViewBait, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.