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Terms of Service

Last updated: August 4, 2026  ·  Effective: August 4, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and OpusGen AI, Inc. ("OpusGen AI", "we", "our", or "us") governing your access to and use of the OpusGen AI platform, website, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By accessing or using OpusGen AI, you confirm that you are at least 18 years of age (or the age of majority in your jurisdiction), have the legal capacity to enter into these Terms, and agree to comply with all applicable laws and regulations.

If you are using the Service on behalf of a company or organisation, you represent that you have the authority to bind that entity to these Terms, and references to "you" include that entity.

2. Description of Service

OpusGen AI provides an AI-powered product photography platform that enables users to:

  • Generate studio-quality product images from text prompts using AI image generation models.
  • Process existing images through tools including background removal, background replacement, image cleanup, upscaling (up to 4×), and outpainting (uncrop).
  • Generate social media captions, hashtags, and marketing copy to accompany product visuals.
  • Access a library of curated templates for common product photography styles.

The Service is provided on an "as-is" basis and we reserve the right to modify, suspend, or discontinue any feature at any time with reasonable notice.

3. Account Registration

To access most features of the Service, you must create an account. You agree to:

  • Provide accurate, complete, and current registration information.
  • Maintain the security of your password and restrict access to your account.
  • Notify us immediately at support@opusgenai.com of any unauthorised access or security breach.
  • Accept responsibility for all activity that occurs under your account.

We reserve the right to suspend or terminate accounts that violate these Terms, contain false information, or are associated with fraudulent activity.

Optional two-factor authentication (TOTP, via an authenticator app) is available from Account → Security. We strongly recommend enabling it.

4. Credits and Plans

Credits system: The Service operates on a credit-based system. Each generation or tool usage consumes a defined number of credits based on the operation performed. Credits are non-transferable between accounts.

Current plan: The Service is currently available on a Free tier only (10 credits upon registration, standard quality, JPG download). Paid plans (Basic and Pro) are announced on our pricing page but are not yet available for purchase — no payment is collected or processed at this time.

When billing launches: Once paid plans go live, they will be billed monthly in advance through a PCI-compliant payment processor, and we will update these Terms (and our Refund Policy) with the applicable billing, refund, and cancellation terms before any charges begin. Unused monthly credits will not roll over between billing cycles; one-time credit packs, if introduced, will not expire.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes. The following are expressly prohibited:

  • Generating content that is sexually explicit, pornographic, or involves minors in any inappropriate context.
  • Creating deepfakes, non-consensual intimate imagery, or content designed to harass, defame, or threaten individuals.
  • Generating images that infringe upon the intellectual property, trademarks, or copyrights of third parties.
  • Using the Service to impersonate brands, public figures, or organisations in a misleading manner.
  • Attempting to reverse-engineer, circumvent, or exploit the AI models or underlying infrastructure.
  • Automating access to the Service in ways that violate our API rate limits without explicit written permission.
  • Using the Service to generate content that promotes violence, terrorism, or illegal activities.
  • Reselling, sublicensing, or providing the Service as a white-label product without a written agreement.

We reserve the right to remove content, suspend accounts, and report illegal activity to appropriate authorities without prior notice.

6. Intellectual Property and Ownership of Generated Content

Your content: You retain full ownership of images you upload to the Service and text prompts you provide.

Generated outputs: Subject to your compliance with these Terms and payment of applicable fees, OpusGen AI grants you a worldwide, royalty-free, non-exclusive licence to use, reproduce, distribute, and commercially exploit images generated through the Service. You may use generated images for commercial purposes including advertising, e-commerce listings, and product marketing.

Platform ownership: OpusGen AI, its logo, user interface, AI models, technology infrastructure, and all related intellectual property are owned exclusively by OpusGen AI, Inc. and are protected by copyright, trademark, and other laws. You may not copy, reproduce, or create derivative works of our platform.

Licence to us: By uploading content to the Service, you grant OpusGen AI a limited, non-exclusive licence to process, store, and transmit that content solely to provide the Service to you. We do not claim ownership of your uploaded content and will not use it to train AI models without your explicit consent.

7. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Service, you consent to the data practices described therein.

8. Third-Party Services

The Service integrates with third-party AI providers, payment processors, and analytics services. Your use of those services is subject to their respective terms of service and privacy policies. OpusGen AI is not responsible for the practices, policies, or availability of third-party services.

9. Disclaimer of Warranties

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

We do not warrant that: (a) the Service will meet your specific requirements; (b) generated images will be free from defects or fully accurate; (c) results will be suitable for any particular commercial use without independent review; or (d) the Service will be available at all times without interruption.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPUSGEN AI, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages.
  • Loss of profits, revenue, data, goodwill, or business opportunities.
  • Damages arising from reliance on AI-generated content.
  • Costs of procurement of substitute services.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR (b) USD $100.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless OpusGen AI, Inc. and its officers, directors, employees, agents, and successors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of or access to the Service.
  • Your violation of these Terms.
  • Your violation of any third-party right, including intellectual property, privacy, or publicity rights.
  • Any content you upload, generate, or distribute using the Service.

12. Termination

By you: You may close your account at any time from your Account Settings page. Closing your account cancels any active subscription effective at the end of the current billing period.

By us: We may suspend or terminate your account immediately if you breach these Terms, engage in fraudulent activity, or pose a security risk. We may also discontinue the Service entirely with 30 days' notice, in which case we will provide a pro-rated refund for unused subscription time.

Upon termination, your right to use the Service ceases immediately. Sections 6, 9, 10, 11, and 14 survive termination.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Arbitration: Any dispute arising from these Terms or the Service that cannot be resolved informally shall be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall be conducted in English, and judgment may be entered in any court of competent jurisdiction.

Class action waiver: You waive any right to bring claims as a class action, collective action, or representative action.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm.

14. General Provisions

  • Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and OpusGen AI regarding the Service.
  • Severability: If any provision is found unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in full force.
  • Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.
  • Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights without restriction.
  • Force majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control.
  • Updates: We may revise these Terms at any time. Material changes will be communicated via email or in-app notification with at least 14 days' notice.

15. Contact Us

For questions about these Terms or to report violations:

OpusGen AI, Inc.

Legal enquiries: legal@opusgenai.com

General support: support@opusgenai.com

Response time: within 5 business days for legal matters