Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Techflunky Labs, LLC ("Company," "we," "us," or "our"), a Michigan limited liability company located in Battle Creek, Michigan 49015, operating the Splinterpic platform ("Service"). By accessing, registering for, or using the Service in any manner, you agree to be bound by these Terms.

YOU MUST BE AT LEAST 13 YEARS OF AGE TO USE THIS SERVICE. If you are under 18 years of age (or the age of majority in your jurisdiction), you must have your parent or legal guardian's permission to use this Service, and they must agree to these Terms on your behalf. By using the Service, you represent and warrant that you meet this age requirement.

2. Description of Service

Splinterpic is an AI-powered image generation platform that allows users to create images using artificial intelligence technology provided by third-party AI model providers. The Service is provided via web application and API access.

AI Limitations Acknowledgment: You acknowledge and understand that:

• AI-generated images may contain errors, inaccuracies, or unexpected results
• AI models are trained on large datasets and may produce outputs similar to existing works
• We do not guarantee the uniqueness, originality, or suitability of any generated content
• AI technology is rapidly evolving and may produce inconsistent results

3. Account Registration & Security

To use certain features of the Service, you must:

• Be at least 13 years of age (with parental consent if under 18)
• Provide accurate, current, and complete information during registration
• Maintain the security of your account credentials
• Immediately notify us of any unauthorized access to your account
• Accept full responsibility for all activities that occur under your account

You are solely responsible for any content generated, uploaded, or shared through your account, regardless of who created it or had access to your credentials.

4. AI-Generated Content - CRITICAL LIABILITY PROVISIONS

4.1 Your Ownership & Responsibility

Subject to your compliance with these Terms:

• You own all images generated through the Service using your prompts ("Output")
• Techflunky Labs, LLC assigns all rights, title, and interest in Output to you
• You may use Output for any lawful purpose, including commercial use

4.2 YOUR SOLE RESPONSIBILITY

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR:

• All prompts, inputs, and instructions you provide to the Service ("Input")
• All content generated using your account, whether by you or others using your credentials
• Verifying that your Output does not infringe any third-party intellectual property rights
• Ensuring your Output complies with all applicable laws, regulations, and third-party rights
• Any consequences arising from your use, distribution, sale, or publication of Output
• Obtaining any necessary licenses, permissions, or releases for use of Output
• Any claims, lawsuits, damages, or liabilities arising from your Input or Output

4.3 No Guarantee of Non-Infringement

TECHFLUNKY LABS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OUTPUT WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES. AI models are trained on various data sources, and Output may be similar to, or derived from, existing copyrighted, trademarked, or otherwise protected works. You assume all risk associated with potential intellectual property claims.

4.4 Content Depicting Real Persons

If you generate images depicting real persons (whether public figures or private individuals), YOU ASSUME ALL LIABILITY for:

• Violations of rights of publicity or personality
• Defamation, libel, or slander claims
• False light or invasion of privacy claims
• Fraud or misrepresentation claims
• Any psychological, emotional, reputational, or financial harm to depicted individuals

TECHFLUNKY LABS, LLC SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS ARISING FROM IMAGES DEPICTING REAL PERSONS.

5. Prohibited Uses - Acceptable Use Policy

You agree NOT to use the Service to generate, upload, transmit, or share content that:

• Violates any applicable law, regulation, or legal right of any person or entity
• Infringes upon intellectual property rights, including copyrights, trademarks, patents, or trade secrets
• Contains child sexual abuse material (CSAM) or depicts minors in any sexual or exploitative context
• Is pornographic, sexually explicit, obscene, or vulgar in nature
• Depicts nudity, sexual acts, or sexually suggestive content
• Promotes violence, terrorism, self-harm, or hate speech targeting protected groups
• Contains graphic violence, gore, or disturbing imagery
• Harasses, threatens, intimidates, or defames any person or entity
• Creates non-consensual intimate imagery ("deepfakes") of any real person
• Impersonates any person or entity or misrepresents your identity or affiliation
• Creates fraudulent, deceptive, or misleading content intended to deceive viewers
• Generates content for illegal activities, including fraud, phishing, or scams
• Attempts to circumvent platform limitations, access restrictions, or content filters
• Interferes with the operation of the Service or other users' access
• Violates export control laws or sanctions regulations

Violation of these prohibitions may result in immediate account termination, reporting to law enforcement, and pursuit of all available legal remedies.

6. Subscription Plans & Pricing

Current Plans:

• Creator: $17/month - 500 credits/month
• Pro: $37/month - 1,500 credits/month
• Studio: $87/month - 5,000 credits/month
• Agency: $499/month - 30,000 credits/month

Billing Terms:

• Subscriptions automatically renew unless canceled before the billing date
• You may cancel your subscription at any time; access continues until the end of the billing period
• All payments are non-refundable except as required by applicable law
• We reserve the right to change pricing with 30 days' notice
• Unused credits do not roll over to the next billing period
• We may offer promotional pricing which may be withdrawn at any time

7. Intellectual Property

Our IP: The Service, including its software, design, user interface, trademarks, logos, and underlying technology, is owned by Techflunky Labs, LLC and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without express written permission.

Your IP: You retain all rights to your Input. By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to process your Input solely to provide the Service.

Third-Party AI Models: The AI models used to generate Output are provided by third-party providers (including but not limited to Cloudflare, Stability AI, and others). These providers retain all rights to their models and technology.

8. DMCA & Copyright Infringement

If you believe content on our Service infringes your copyright, please send a DMCA notice to: dmca@splinterpic.app

Your notice must include:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on our Service
• Your contact information (name, address, telephone, email)
• A statement that you have a good faith belief the use is not authorized
• A statement under penalty of perjury that the information is accurate and you are authorized to act
• Your physical or electronic signature

9. DISCLAIMERS & LIMITATION OF LIABILITY

9.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WE EXPRESSLY DISCLAIM ANY WARRANTY THAT AI-GENERATED OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, NON-INFRINGING, OR SUITABLE FOR ANY PARTICULAR PURPOSE. WE MAKE NO WARRANTY REGARDING THE QUALITY, ORIGINALITY, OR LEGALITY OF ANY OUTPUT.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TECHFLUNKY LABS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, goodwill, or business opportunities
• Loss of data or content
• Cost of substitute services
• Personal injury or property damage
• Emotional distress or reputational harm
• Any damages arising from your Input or Output
• Any damages arising from third-party claims related to your use of the Service
• Any damages arising from unauthorized access to your account

REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 Maximum Liability Cap

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

9.4 Basis of the Bargain

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TECHFLUNKY LABS, LLC AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

10. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS TECHFLUNKY LABS, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ALL CLAIMS, DEMANDS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COURT COSTS) ARISING OUT OF OR RELATED TO:

• Your use of the Service or any Output generated using your account
• Your Input, prompts, or instructions provided to the Service
• Your violation of these Terms or any applicable law
• Your violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights
• Any claim that your Output caused harm to any person or entity
• Any claim relating to content depicting real persons
• Your negligence or willful misconduct
• Any unauthorized use of your account credentials

This indemnification obligation shall survive termination of these Terms and your use of the Service.

11. RELEASE OF CLAIMS

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE TECHFLUNKY LABS, LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE OR ANY OUTPUT.

If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

12. Dispute Resolution & Arbitration

12.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to contact us at legal@splinterpic.app and attempt to resolve the dispute informally for at least 30 days.

12.2 Binding Arbitration

EXCEPT FOR DISPUTES RELATING TO INTELLECTUAL PROPERTY OR INJUNCTIVE RELIEF, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (AAA) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION SHALL BE CONDUCTED IN CALHOUN COUNTY, MICHIGAN, USA, OR AT ANOTHER MUTUALLY AGREED LOCATION.

12.3 Class Action Waiver

YOU AGREE THAT ANY ARBITRATION OR LEGAL PROCEEDING SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS-WIDE ARBITRATION.

12.4 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Calhoun County, Michigan.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination: (a) your right to use the Service will immediately cease; (b) you remain liable for all obligations incurred prior to termination; (c) provisions that by their nature should survive termination shall survive, including indemnification, limitation of liability, and dispute resolution provisions.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after changes become effective constitutes your acceptance of the new Terms.

15. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Techflunky Labs, LLC regarding the Service and supersede all prior agreements and understandings.

17. Contact Information

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

Techflunky Labs, LLC
Battle Creek, Michigan 49015
Email: legal@splinterpic.app
For DMCA notices: dmca@splinterpic.app

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BY CREATING AN ACCOUNT OR USING SPLINTERPIC, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND TECHFLUNKY LABS, LLC.