By accessing and using ThumbVid ("Service"), you accept and agree to be bound by the terms and provisions of this agreement. If you do not agree to abide by these terms, please do not use this Service.
This Service provides AI-powered thumbnail generation for YouTube and other content platforms. The Service uses artificial intelligence models to generate images based on user inputs and prompts.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AI Disclaimer: You acknowledge that the Service uses experimental artificial intelligence technology. We make no guarantees regarding the quality, accuracy, originality, or suitability of AI-generated content. AI-generated images may contain errors, artifacts, hallucinations, or unintentional similarities to existing works. You are solely responsible for verifying the content before use.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THUMBVID, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT ON THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THUMBVID DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE.
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, THUMBVID'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE ACTUALLY PAID TO THUMBVID FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
Free Users: IF YOU ARE USING THE SERVICE ON A FREE OR UNPAID BASIS, YOU ACKNOWLEDGE AND AGREE THAT THUMBVID SHALL HAVE NO LIABILITY TO YOU WHATSOEVER, AND OUR MAXIMUM AGGREGATE LIABILITY SHALL BE ZERO DOLLARS ($0.00). BY USING THE FREE SERVICE, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS FOR DAMAGES OF ANY KIND.
This limitation of liability is a fundamental element of the basis of the bargain between ThumbVid and you. The Service would not be provided without such limitations.
The Service utilizes third-party artificial intelligence providers, APIs, and machine learning models (collectively, "Third-Party AI Services") to generate content. You acknowledge and agree that:
THUMBVID DOES NOT GUARANTEE ANY SPECIFIC LEVEL OF SERVICE AVAILABILITY, UPTIME, OR PERFORMANCE. THE SERVICE IS PROVIDED ON AN "AS AVAILABLE" BASIS WITHOUT ANY SERVICE LEVEL AGREEMENT OR UPTIME COMMITMENT.
We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice. You agree that ThumbVid shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
AI models used by the Service may be updated, replaced, or removed at any time, which may result in changes to output quality, style, or capabilities. ThumbVid is not obligated to maintain any specific AI model or feature.
You are solely responsible for:
You retain ownership of any original inputs you provide to the Service. Subject to your compliance with these Terms, ThumbVid assigns to you all its right, title, and interest in and to the specific output generated for you by the Service.
However, you understand that due to the nature of AI, generated content may not be unique across all users and the Service may generate the same or similar output for ThumbVid or a third party.
You agree to indemnify, defend, and hold harmless ThumbVid, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: (i) your use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party.
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service after any changes constitutes acceptance of the new Terms.
We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including without limitation if you breach these Terms.
These Terms shall be governed by and construed in accordance with the laws applicable in the jurisdiction in which the Service is accessed, without regard to its conflict of law provisions.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration rather than in court. You agree to waive any right to a jury trial.
Class Action Waiver: You and ThumbVid agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
ALL PRICES, FEES, SUBSCRIPTION RATES, AND CHARGES FOR THE SERVICE ARE SUBJECT TO CHANGE AT ANY TIME, AT OUR SOLE DISCRETION, WITHOUT PRIOR NOTICE OR LIABILITY TO YOU.
ThumbVid reserves the right to modify, increase, or decrease pricing for any or all of its services, subscription plans, features, or credits at any time and for any reason. Such changes may be implemented immediately and without advance notification to users.
By continuing to use the Service after any pricing changes become effective, you agree to pay the modified fees. If you do not agree with the new pricing, your sole remedy is to discontinue use of the Service and cancel your subscription, if applicable, prior to the effective date of the price change.
ThumbVid shall not be liable to you or any third party for any modification, suspension, or discontinuance of pricing structures, promotional offers, discounts, or any pricing-related terms. We are under no obligation to provide refunds, credits, or compensation for any pricing changes.
You acknowledge and agree that it is your responsibility to review the current pricing terms periodically. The most current pricing information will be available on our website and shall supersede any previously communicated pricing.
ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. DUE TO THE NATURE OF DIGITAL SERVICES AND THE IMMEDIATE CONSUMPTION OF AI COMPUTATIONAL RESOURCES, WE DO NOT OFFER REFUNDS, CREDITS, OR EXCHANGES FOR ANY REASON.
By making a purchase, you acknowledge that:
In our sole discretion, we may offer credits or partial refunds in exceptional circumstances, but this shall not create any precedent or obligation for future requests.
If you purchase credits or subscribe to a paid plan:
You must be at least eighteen (18) years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
If you are using the Service on behalf of a company or organization, you represent that you have authority to bind that entity to these Terms.
We do not knowingly collect personal information from anyone under the age of 18. If we become aware that a user is under 18, we will terminate their account and delete their data.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms. The remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.
These Terms, together with our Privacy Policy and any other legal notices or agreements published by ThumbVid on the Service, constitute the entire agreement between you and ThumbVid concerning your use of the Service.
These Terms supersede any prior agreements, communications, or understandings between you and ThumbVid regarding the Service, whether oral or written. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
For questions about these Terms, please contact us at:
Email: support@thumbvid.com