Terms of Service

1. Using Whisk AI

These Terms of Service ("Terms") apply when you access Whisk AI, create an account, upload reference material, enter prompts, generate or edit content, buy credits, or subscribe to a plan. If you use Whisk AI for a company or client, you confirm that you are authorized to act for them.

You must be at least 18 years old, or the age of majority where you live, to purchase paid services.

2. What Whisk AI Provides

Whisk AI is an online AI creation workspace centered on image generation and remixing. You can create images from text, edit an existing image, or combine subject, scene, and style references. The workspace may also provide video, music, storage, download, sharing, and related creative tools.

AI generation is probabilistic. A result may change composition, identity details, text, logos, colors, patterns, materials, lighting, backgrounds, or other visual elements. A reference guides a result; it does not guarantee an exact copy or pixel-level preservation.

Models, formats, limits, processing times, credit estimates, and available features may change as Whisk AI evolves.

3. Accounts

Keep your account information accurate and your login credentials secure. You are responsible for activity performed through your account.

Do not share or resell account access, create accounts to bypass limits, or use another person's account without permission. We may limit or suspend accounts involved in non-payment, abuse, fraud, security incidents, or violations of these Terms.

4. Your Inputs

You keep ownership of prompts, photos, reference images, videos, audio, brands, and other material you provide ("Inputs"). You give Whisk AI a limited license to host, copy, transmit, process, transform, store, and display Inputs only as needed to operate the requested workflow, return results, provide support, secure the service, and comply with law.

You confirm that:

• You have the rights and permissions needed to upload and process each Input.
• You have permission from identifiable people shown in subject, scene, style, or other references.
• Your use does not violate privacy, publicity, intellectual property, confidentiality, contract, or platform rules.
• You will not upload highly sensitive or confidential material unless you are authorized and accept the risks of online AI processing.

Private Inputs are not used to train our own AI models unless Whisk AI asks for and receives separate permission.

5. Generated Results

Whisk AI does not claim ownership of a result generated for you from your Inputs. Your ability to use a result still depends on the rights in your Inputs, the selected model's terms, applicable law, and the rules of any marketplace or platform where you publish it.

Results may not be unique or eligible for copyright protection. Whisk AI does not promise that a result is free from defects or third-party claims, preserves every reference detail, or is suitable for every commercial, advertising, catalog, client, or publishing use.

Review every result before publishing or relying on it. Disclose AI assistance when required by law, a platform, or a client agreement.

6. Prohibited Uses

Do not use Whisk AI to:

• Upload or generate illegal, infringing, deceptive, defamatory, harassing, exploitative, or privacy-invasive content.
• Create sexual content involving minors, non-consensual intimate imagery, or material that exploits a person.
• Use another person's face, identity, brand, work, or confidential material without the permissions required for your use.
• Impersonate, defraud, mislead, or create harmful synthetic media.
• Bypass safety checks, moderation, credit controls, rate limits, access restrictions, or payment systems.
• Attack, scrape, reverse engineer, overload, resell, sublicense, or white-label the service except where we agree in writing or law permits.

We may reject a task, remove content, or restrict an account when reasonably necessary to protect users, rights holders, Whisk AI, or the service.

7. Credits and Plans

Whisk AI may offer subscriptions, one-time credit packs, promotional credits, or free usage. The workspace shows an estimated credit cost before generation. Actual cost depends on the selected model and settings, including output count, resolution, and reference inputs.

Credits are service units, not money. They have no cash value and cannot be transferred unless Whisk AI expressly allows it. Subscription credits follow the billing cycle and plan rules shown at checkout. One-time pack credits are separate from a subscription allowance.

Subscriptions renew automatically until canceled. You can cancel through account settings, and the paid plan remains available through the current billing period unless checkout states otherwise.

8. Failed Tasks and Refunds

When a submitted task fails or is canceled before completion and Whisk AI receives that final status, task credits are returned automatically where supported by the workflow.

A completed generation is not a failed task merely because its creative result differs from your expectation. Purchases are generally non-refundable after credits or subscription benefits have been used, except where required by law or expressly stated at checkout. Whisk AI may provide a retry, credit adjustment, or refund for a verified service error at its discretion.

9. Payments

Payments are processed by third-party payment providers. By purchasing, you authorize the applicable charges and agree to provide accurate billing information. Taxes and payment-provider fees may apply.

If a payment is disputed, reversed, fraudulent, or unpaid, Whisk AI may revoke related credits or benefits and suspend the associated account while the issue is reviewed.

10. Privacy and Service Providers

The Privacy Policy explains how Whisk AI handles account information, prompts, references, task data, and generated results. Delivering an AI task may require Whisk AI to send Inputs and task settings to AI, storage, hosting, queue, moderation, analytics, and support providers.

11. Availability and Changes

Whisk AI is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted access, a specific processing time, permanent storage, or compatibility with every file, browser, device, model, or use case.

We may add, remove, or change models, prices, credit rules, limits, and features. When practical, we will provide notice of material changes that affect an active paid service.

12. Liability

To the maximum extent permitted by law, Whisk AI is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, business, goodwill, or opportunities arising from the service or a generated result.

To the maximum extent permitted by law, Whisk AI's total liability for claims related to the service will not exceed the greater of the amount you paid Whisk AI during the 12 months before the event giving rise to the claim or USD $100. Some jurisdictions do not allow certain limitations, so they may not apply to you.

13. Ending Use

You may stop using Whisk AI at any time and may request account deletion. Some billing, security, support, backup, and legal records may need to be retained.

Whisk AI may suspend or terminate access for a material breach of these Terms, illegal content, non-payment, fraud, repeated abuse, or a serious security or operational risk.

14. Changes and Contact

We may update these Terms when the product or applicable requirements change. The date at the top shows the latest revision, and we will provide additional notice where required.

Questions about these Terms can be sent to support@whiskimage.com.