1. Introduction

Welcome to Macks AI. These Terms of Use (the "Terms") govern your access to and use of our websites, software, mobile applications, APIs and any related products or services (collectively, the "Services"). These Terms constitute a legally-binding contract between you and Macks AI ("Macks AI", "we", "our", "us"), a business operating under the laws of England and Wales.

If you have any questions or concerns regarding these Terms or the Services, please contact us at:

Email: support@macks.ai

2. Changes to these Terms

We may amend these Terms from time to time to reflect changes to our Services, technology, legal or regulatory requirements. We will provide reasonable notice of any material changes by posting the updated Terms on our website and, where practicable, by email. Your continued use of the Services after the effective date of any changes constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services.

3. Privacy and Data Protection

We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Our Privacy Policy explains what personal data we collect, how we use it, and your rights. By using the Services, you acknowledge that your personal data will be processed as described in the Privacy Policy.

3.1 Children

The Services are not intended for children under 13 years of age. We do not knowingly collect personal data from children under 13. If you are a parent or guardian and believe your child has provided us with personal data, please contact us so that we can delete it.

4. Your Account and Eligibility

The Services are designed for business use. By creating an account you represent that you are authorised to bind your organisation to these Terms. References to "you" in these Terms include both you personally and the organisation you represent. Your organisation remains liable for all activity under accounts created on its behalf.

When creating an account you must provide accurate, complete and current information and keep it updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You may not:

register an account using false or misleading information;
allow anyone else to use your credentials;
transfer your account to another person or organisation without our prior written consent.

5. The Services

Macks AI provides cloud-based artificial-intelligence tools that allow users to generate, transform and analyse images and other visual media for professional and commercial purposes. Specific functionality available to you may depend on your account type and credit balance.

Subject to these Terms we grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Services for lawful personal or business purposes.

6. Acceptable Use

You agree not to use the Services to:

infringe, violate or facilitate the infringement of another party's intellectual-property, privacy or other legal rights;
create, upload or share content that is illegal, harmful, fraudulent, defamatory, obscene, hateful, discriminatory, violent, abusive or otherwise objectionable;
generate or disseminate misinformation or disinformation likely to cause public harm;
impersonate any person or entity or misrepresent your affiliation;
attempt to reverse-engineer, decompile or derive the source code of the Services or underlying models;
probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
scrape, harvest or index any portion of the Services or content (whether by manual or automated means) without our prior written consent;
access the Services in a manner that imposes an unreasonable or disproportionately large load on our infrastructure;
use the Services for the purpose of developing or improving competing products or services without a written agreement with us;
violate any applicable law or regulation.

We reserve the right to suspend or terminate your access to the Services if you breach these Terms, our policies, or applicable law.

7. Intellectual Property

All intellectual-property rights in the Services and in any materials published on or generated by the Services (excluding User Content, defined below) are owned by or licensed to Macks AI.

7.1 User Content

"User Content" means any text, images, prompts, data or other materials you upload to or generate using the Services. You retain all intellectual-property rights in your User Content, subject to the licences you grant below.

7.2 Licence to Macks AI

By submitting or generating User Content, you grant Macks AI a worldwide, non-exclusive, royalty-free licence to use, host, store, reproduce, modify and display such User Content solely for the purpose of operating and providing the Services to you, performing troubleshooting and technical support, complying with law, and enforcing our policies. Where your subscription includes a private mode, we will not disclose your User Content to other users except as required by law.

7.3 Licence to Other Users

If your plan allows you to make User Content public or share it with others, you grant each user who can access that User Content a worldwide, non-exclusive licence to use, reproduce, display and adapt it in accordance with these Terms.

7.4 No Model Training

We will not use your User Content to train, fine-tune, or otherwise improve any machine learning or artificial intelligence models without your prior consent. We may use anonymised, aggregated usage data (such as feature usage statistics and performance metrics) to improve the Services, but this does not include your images, prompts, or other identifiable content.

8. Infringement & Notice-and-Takedown Procedure

We respect intellectual-property rights and operate a notice-and-takedown procedure in accordance with the UK Copyright, Designs and Patents Act 1988. If you believe content on the Services infringes your copyright, please email support@macks.ai with:

your contact details;
identification of the copyrighted work claimed to be infringed;
identification and URL of the infringing content;
a statement, made in good faith, that use of the material is not authorised; and
a statement that the information provided is accurate and that you are authorised to act on behalf of the rights-holder.

We may remove or disable access to allegedly infringing content and may terminate repeat infringers.

9. Fees and Payment

9.1 Subscription Plans

Access to the Services requires a paid subscription. We offer four subscription tiers, each including a monthly credit allowance. Your current credit balance is displayed in your account dashboard and deducts automatically as you use the platform. Enterprise customers requiring bespoke terms or higher volumes should contact our sales team directly.

Each subscription may be purchased on a monthly or annual billing cycle. By submitting payment details you authorise Macks AI and its payment processor (Stripe) to charge the applicable subscription fee using your stored payment method.

9.2 Renewal and Cancellation

Subscriptions renew automatically at the end of each billing cycle unless you cancel. Monthly plans may be cancelled at any time via your account settings; cancellation prevents the next renewal but does not refund or prorate the current period.

Annual plans require at least 30 days' written notice before the renewal date to prevent auto-renewal. If notice is given later than 30 days before renewal, the annual term will renew and remain payable for the full period. Services continue until the end of the paid term after cancellation.

9.3 Pay-As-You-Go Overages

If you exceed your subscription's monthly credit allowance, you may enable pay-as-you-go to continue using the Services without interruption. Any credits consumed beyond your included allocation will be tracked and charged at the end of each billing cycle.

By enabling pay-as-you-go, you authorise Macks AI (or Stripe) to automatically charge your payment method for overage credits consumed. You will receive an invoice detailing any overage charges.

9.4 Spending Limits

You may set a hard spending limit on your account to cap pay-as-you-go charges. Once this limit is reached, usage will pause until the next billing cycle or until you increase your limit. Spending limits can be configured in your account settings.

9.5 Continuous Platform Evolution

Macks AI continually upgrades the platform, including deploying new or updated AI models and features on a regular basis. We may adjust credit consumption rates, feature availability, or pricing tiers to reflect changes in resource costs, third-party provider pricing, or market conditions. Material changes to credit rates or pricing will be communicated via dashboard notices or email and will apply to usage after the effective date.

9.6 Currency and Taxes

All prices are quoted in US dollars (USD). You are responsible for any applicable taxes, duties, or levies in your jurisdiction. Stripe handles payment processing and may display equivalent amounts in your local currency at checkout.

9.7 Price Changes

We may adjust pricing from time to time. We will provide at least 30 days' notice of any material price increases by email and by posting on our website. Continued use of the Services after a price change takes effect constitutes acceptance of the new pricing.

9.8 Refunds

Subscription fees and overage charges are non-refundable except as required by law. You may disable pay-as-you-go at any time via your account settings. Disabling pay-as-you-go will not affect charges already incurred during the current billing cycle, which will still be billed at cycle end.

10. AI-Generated Content

10.1 No Guarantees

The Services use artificial intelligence and machine learning models to generate and transform content. AI-generated outputs may contain errors, inaccuracies, artefacts, or unexpected results. We do not guarantee that outputs will be accurate, complete, suitable for any particular purpose, or free from defects.

10.2 Model Updates

We may update, replace, or modify the AI models used by the Services at any time to improve quality, add features, or address issues. Such changes may affect the style, quality, or characteristics of generated outputs. We are not obligated to maintain any particular model or to reproduce previous results.

10.3 Your Responsibility

You are solely responsible for reviewing and verifying AI-generated content before use. You are responsible for ensuring that your use of generated content complies with applicable laws and does not infringe third-party rights.

11. Team and Organisation Accounts

11.1 Account Owner Responsibility

If you create or administer a team or organisation account, you (the "Account Owner") are responsible for all activity under that account, including usage by team members. The Account Owner is solely responsible for all charges incurred by the organisation, including any pay-as-you-go overage charges from team member usage.

11.2 Shared Credit Pool

Team members share a common credit pool managed by the Account Owner. The Account Owner controls pay-as-you-go settings and spending limits that apply to all team members.

11.3 Member Access

The Account Owner may invite, remove, and manage team members. Removed members lose access to the organisation's assets and credit pool immediately upon removal.

12. Referral Programme

From time to time we may offer incentives for users to refer others. Details will be published on our website and may be varied or withdrawn at any time.

13. Disclaimers

The Services and any content generated through them are provided "as is". To the fullest extent permitted by law, we exclude all warranties, representations and conditions, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranties that the Services will be uninterrupted or error-free.

14. Limitation of Liability

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability that cannot be limited or excluded under applicable law.

Subject to the preceding sentence, Macks AI shall not be liable for any indirect, consequential or special loss, or for loss of profits, revenue, business, data, goodwill or anticipated savings. Our total aggregate liability arising out of or in connection with the Services shall not exceed the greater of (i) £100 or (ii) the total fees you paid to us for the Services in the 12 months preceding the event giving rise to the liability.

15. Indemnity

You agree to indemnify and hold harmless Macks AI, its owners, employees and affiliates from any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to your use of the Services, your User Content or your breach of these Terms.

16. Suspension & Termination

We may suspend or terminate your access to the Services immediately and without liability if we reasonably believe you have breached these Terms or applicable law, or to protect the integrity, security or reputation of the Services. You may terminate your account at any time via your account settings or by emailing support@macks.ai. Termination will not affect any accrued rights or obligations, including any charges incurred prior to termination.

17. Governing Law & Dispute Resolution

These Terms (and any non-contractual obligations arising out of or in connection with them) are governed by the laws of England and Wales.

17.1 Informal Resolution

We aim to resolve disputes quickly and amicably. Please contact us in the first instance at support@macks.ai.

17.2 Jurisdiction

If a dispute cannot be resolved informally within 30 days, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.

18. Miscellaneous

Entire agreement: These Terms and any documents expressly incorporated constitute the entire agreement between you and Macks AI and supersede any prior agreements.

Severability: If any provision is held invalid or unenforceable, the remaining provisions shall remain in full force.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Third-party rights: Except as expressly stated, no one other than a party to these Terms has any right to enforce any of their terms under the Contracts (Rights of Third Parties) Act 1999.

Waiver: Failure to enforce any provision shall not constitute a waiver.

Force Majeure: We are not liable for delay or failure to perform resulting from causes beyond our reasonable control.

Contact: Notices under these Terms must be in writing and delivered by email to support@macks.ai.