Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to TryBacon.ai ("TryBacon", "we", "us", or "our"). By accessing or using our website at trybacon.ai (the "Website"), mobile applications (the "App"), and related services (collectively, the "Services"), you agree to be bound by these Terms of Service (the "Terms").

PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE SERVICES IN ANY WAY, YOU REPRESENT THAT:

• You have read, understand, and agree to be bound by these Terms
• You are of legal age (at least 18 years old) to form a binding contract with TryBacon
• You are not barred from using the Services under applicable laws
• If using the Services on behalf of an entity, you have the authority to bind that entity to these Terms

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

2. ACCOUNT REGISTRATION AND SECURITY

2.1 Account Creation

To access certain features of the Services, you must register an account ("Account"). When registering, you must:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your account credentials secure and confidential
• Notify us immediately of any unauthorized access

2.2 Account Ownership

You acknowledge and agree that:

• You have no ownership or property interest in your Account
• All rights in your Account belong to TryBacon
• You are responsible for all activities under your Account
• You may not share your Account or password with anyone
• You may not have more than one Account at any given time

2.3 Age Requirements

You must be at least 18 years of age to create an Account. Minors under the age of majority but at least 13 years old may only use the Services with parental or guardian consent.

2.4 Account Suspension or Termination

TryBacon reserves the right to suspend or terminate your Account if:

• You provide false, inaccurate, or incomplete information
• You violate these Terms or any applicable laws
• You engage in fraudulent or abusive behavior
• You have been previously removed from the Services

3. SERVICES DESCRIPTION

3.1 AI-Powered Advertising Platform

TryBacon provides an AI-powered platform that enables users to create, generate, and manage advertising content including:

• Image advertisements
• Video advertisements
• User-generated content (UGC)
• Marketing materials and creative assets

3.2 Service Updates

The Services are continuously evolving. TryBacon may:

• Update, modify, or discontinue any aspect of the Services at any time
• Add or remove features without notice
• Require software updates to continue using the Services
• Change API limitations and technical specifications

3.3 Beta Features

We may offer experimental "beta" features. These features are:

• Provided "as is" without warranties
• Subject to modification or discontinuation at any time
• Offered solely for experimental purposes

4. USER CONTENT AND INTELLECTUAL PROPERTY

4.1 Your Content

When you use the Services, you may submit or upload content including text, images, videos, brand assets, and other materials ("User Input"). You represent and warrant that you:

• Own or have sufficient rights to all User Input
• Have obtained all necessary consents, licenses, and permissions
• Will not submit content that violates third-party rights
• Have consent from any individuals depicted in your content

4.2 AI-Generated Output

The Services use artificial intelligence to process your User Input and generate advertising content, images, videos, and other materials ("Output").

Ownership

You retain ownership of your User Input and Output. TryBacon does not claim ownership of your content and expressly disclaims liability arising from your use of Output for commercial purposes.

License to TryBacon

By using the Services, you grant TryBacon a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free, sublicensable license to:

• Use, copy, reproduce, modify, and adapt your User Input and Output
• Process your content to provide and improve the Services
• Train, develop, and enhance our AI models and algorithms
• Use your content for marketing and promotional purposes (with appropriate anonymization where required)

4.3 Content Standards

Your User Input and Output must not:

• Violate any laws or regulations
• Infringe intellectual property or other rights
• Contain harmful, offensive, or inappropriate content
• Depict minors inappropriately
• Constitute spam, harassment, or fraudulent material
• Contain malware or malicious code
• Misrepresent the identity of any person

4.4 Public Display

Unless you select private settings (available on paid plans), content you create may be:

• Visible to other users
• Used in our public gallery or promotional materials
• Subject to search, use, and modification by others

5. ACCEPTABLE USE POLICY

5.1 Prohibited Uses

You agree NOT to:

Content Restrictions

• Generate illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or hateful content
• Create content that violates intellectual property rights
• Depict real persons without their consent
• Generate content involving minors in any inappropriate manner
• Create misleading deepfakes or manipulated media of real individuals
• Produce content for adult entertainment purposes

Technical Restrictions

• Reverse engineer, decompile, or disassemble the Services
• Scrape, data mine, or use automated tools to extract data
• Bypass security features or access restrictions
• Interfere with the proper functioning of the Services
• Overload or attempt to crash our systems
• Use the Services to develop competing products or services
• Train other AI models using our technology or outputs

Commercial Restrictions

• Resell, redistribute, or sublicense the Services
• Use the Services in violation of export control laws
• Impersonate TryBacon or misrepresent your affiliation

5.2 Compliance

You agree to:

• Comply with all applicable laws and regulations
• Respect the rights of others
• Use the Services only for lawful purposes
• Follow industry standards and best practices
• Disclose AI-generated content where required by law

6. CONTENT MODERATION AND MONITORING

6.1 Right to Monitor

TryBacon may, but is not obligated to:

• Monitor, review, or pre-screen User Input and Output
• Use automated systems to detect policy violations
• Remove or refuse to process content that violates these Terms
• Investigate suspected violations

6.2 No Expectation of Privacy

You acknowledge that:

• You have no expectation of privacy concerning content transmitted through the Services
• We may access and review your content for safety, security, and compliance purposes
• Content may be disclosed to comply with legal obligations

6.3 Enforcement Actions

If we determine content violates these Terms, we may:

• Remove or refuse to process the content
• Suspend or terminate your Account
• Report violations to law enforcement
• Take legal action against you
• Cooperate with investigations

7. PAYMENT TERMS AND SUBSCRIPTIONS

7.1 Pricing

TryBacon offers various pricing plans:

• Monthly Subscription: $29/month with full features
• Custom Plans: Enterprise pricing available upon request

All prices are in USD unless otherwise stated. We reserve the right to change pricing with notice.

7.2 Payment Processing

Payments are processed through third-party payment providers (Stripe, Inc.). By making a purchase, you:

• Authorize us to charge your payment method
• Represent that you have the legal right to use the payment method
• Provide accurate and complete payment information
• Agree to the payment processor's terms and privacy policy

7.3 Billing

• All fees are billed in advance
• Payment is due immediately upon subscription
• Failed payments may result in service suspension
• You are responsible for all applicable taxes

7.4 Refunds

• Trial Period: Refunds available within 7 days if no credits used
• Subscriptions: Generally non-refundable except as required by law
• Service Fee: Refunds may be subject to a processing fee up to 6%
• Renewals: Not eligible for refund

7.5 Credits System

The Services use a credit-based system for generating advertisements and accessing certain features:

Subscription Credits

• Credits included with your subscription plan ("Subscription Credits") expire at the end of each billing cycle
• Subscription Credits do not roll over to the next billing period
• Unused Subscription Credits are forfeited when the billing cycle ends
• Subscription Credits expire immediately upon account cancellation or downgrade

Add-On Credit Packs

• Credits purchased separately as add-on packs ("Add-On Credits") roll over month-to-month
• Add-On Credits expire 90 days from the date of purchase
• Add-On Credits are used only after Subscription Credits are depleted
• Unused Add-On Credits are forfeited after the 90-day expiration period

General Credit Terms

• All credits are prepaid and non-transferable
• Credits have no cash value and cannot be redeemed for cash
• Credits cannot be transferred between accounts
• Credit costs per feature may vary and are subject to change
• We will notify you of credit expiration via email and in-app notifications
• Expired credits cannot be restored or refunded

8. SUBSCRIPTIONS AND RENEWALS

8.1 Automatic Renewal

Subscriptions automatically renew at the end of each billing period at the then-current price unless you cancel. By subscribing, you authorize TryBacon to charge your payment method for each renewal period.

8.2 Cancellation

You may cancel your subscription:

• Through your account settings
• By contacting [email protected]
• At any time before the renewal date

Upon cancellation:

• You may continue using the service until the end of the current billing period
• No refunds for the current period
• Access to paid features ends at period expiration
• Subscription Credits expire immediately at the end of the current billing period
• Add-On Credits remain valid for the remainder of their 90-day term
• Promotional Credits remain valid for the remainder of their stated term

8.3 Plan Changes

Upgrades

• Take effect immediately
• Incremental fees charged accordingly
• Unused Subscription Credits from lower tier are forfeited
• New Subscription Credits from higher tier are issued immediately
• Add-On Credits and Promotional Credits remain unaffected

Downgrades

• Take effect at next renewal date
• May result in loss of features or content
• Unused Subscription Credits from higher tier are forfeited at downgrade
• New lower-tier Subscription Credits issued at next renewal
• Add-On Credits and Promotional Credits remain unaffected and can still be used

9. INTELLECTUAL PROPERTY RIGHTS

9.1 TryBacon Property

The Services, including all software, algorithms, designs, trademarks, logos, and content (excluding User Input and Output), are owned by TryBacon and protected by intellectual property laws.

9.2 License to Use Services

Subject to these Terms, TryBacon grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or business purposes.

9.3 Trademark Guidelines

You may not use TryBacon's trademarks, logos, or brand elements without prior written consent.

9.4 Copyright Infringement

If you believe your copyright has been infringed, please contact our designated agent at:

Your notice must include:

1. Electronic or physical signature of the copyright owner
2. Description of the copyrighted work
3. Location of the infringing material on our Services
4. Your contact information
5. Statement of good faith belief that use is unauthorized
6. Statement under penalty of perjury that the information is accurate

10. THIRD-PARTY SERVICES AND INTEGRATIONS

10.1 Third-Party Services

The Services may integrate with or link to third-party websites, applications, and services. TryBacon:

• Does not control third-party services
• Is not responsible for third-party content or practices
• Does not endorse or make warranties about third-party services
• Is not liable for your interactions with third parties

10.2 Connected Accounts

You may connect third-party accounts (e.g., social media, cloud storage) to the Services. You:

• Are solely responsible for connected account setup
• Represent you have authority to grant us access
• Acknowledge third-party availability is beyond our control

11. DISCLAIMERS AND WARRANTIES

11.1 As-Is Basis

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRYBACON DISCLAIMS ALL WARRANTIES INCLUDING:

• Merchantability and fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation
• Security or freedom from viruses

11.2 AI Output Disclaimer

TryBacon makes no warranties regarding:

• Accuracy, quality, or originality of AI-generated Output
• Fitness of Output for your intended purpose
• Absence of errors or offensive content in Output
• Compliance with third-party rights

You are solely responsible for:

• Reviewing and verifying Output before use
• Ensuring Output complies with applicable laws
• Obtaining necessary rights for commercial use
• Any consequences of using or distributing Output

11.3 No Guarantee of Results

We do not guarantee that the Services will:

• Meet your specific requirements
• Achieve particular business results
• Be compatible with all systems
• Operate without interruption

12. LIMITATION OF LIABILITY

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRYBACON SHALL NOT BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Unauthorized access to your content
• Third-party actions or content
• Cost of substitute services

12.2 Liability Cap

TryBacon's total liability shall not exceed the greater of:

• Amounts paid by you in the 3 months prior to the claim
• $100 USD

12.3 Exceptions

These limitations do not apply to:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Liability that cannot be excluded by law

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TryBacon, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

• Your use or misuse of the Services
• Your User Input or Output
• Violation of these Terms
• Violation of third-party rights
• Violation of applicable laws
• Your negligence or willful misconduct

14. TERMINATION

14.1 Termination by TryBacon

We may suspend or terminate your access immediately if:

• You materially breach these Terms
• Required by law
• We suspect fraudulent or abusive activity
• At our discretion with notice for any reason

14.2 Termination by You

You may terminate by:

• Canceling your subscription
• Closing your Account
• Notifying us in writing at [email protected]

14.3 Effect of Termination

Upon termination:

• Your right to use the Services ends immediately
• We may delete your content from our systems
• All outstanding fees become immediately due
• Provisions that should survive will remain in effect

14.4 Survival

The following sections survive termination: Intellectual Property Rights, Payment Obligations, Disclaimers, Limitation of Liability, Indemnification, and Dispute Resolution.

15. DISPUTE RESOLUTION AND ARBITRATION

15.1 Informal Resolution

Before initiating arbitration or litigation, you agree to attempt informal resolution by contacting us at [email protected]. We will work in good faith to resolve disputes within 45 days.

15.2 Binding Arbitration

Any dispute arising from these Terms or the Services shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except:

• Small claims court matters (if qualified)
• Intellectual property disputes
• Preliminary injunctive relief

15.3 Arbitration Process

• Arbitration will occur in your county of residence
• One neutral arbitrator will be selected
• Each party bears its own costs unless the arbitrator determines otherwise
• The arbitrator's decision is final and binding

15.4 Class Action Waiver

YOU AGREE TO BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT:

• As a plaintiff in a class action
• As a member of a class action
• In a representative or collective action
• In a consolidated arbitration

15.5 Opt-Out Right

You may opt out of arbitration by sending written notice to [email protected] within 30 days of accepting these Terms. Your notice must include your name, email, and clear statement opting out.

16. GENERAL PROVISIONS

16.1 Governing Law

These Terms are governed by the laws of Delaware, United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Venue

Any litigation not subject to arbitration must be brought exclusively in state or federal courts located in Delaware.

16.3 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and TryBacon regarding the Services.

16.4 Modifications

We may update these Terms at any time. Changes become effective:

• Immediately for new users
• 30 days after notice for existing users
• Upon your continued use after notice

We will notify you of material changes via email or through the Services.

16.5 Severability

If any provision is found unenforceable, it will be modified to reflect the parties' intent, and remaining provisions remain in full effect.

16.6 Waiver

Failure to enforce any provision does not waive our right to enforce it later.

16.7 Assignment

You may not assign or transfer these Terms. TryBacon may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.8 Force Majeure

TryBacon is not liable for delays or failures due to circumstances beyond reasonable control, including natural disasters, war, terrorism, internet outages, AI model unavailability, or government restrictions.

16.9 Export Compliance

You agree to comply with all export control laws. You represent that you are not located in an embargoed country or on any prohibited party list.

16.10 Electronic Communications

You consent to receive communications electronically. Electronic communications satisfy legal requirements for writing.

16.11 Language

These Terms are drafted in English. Any translations are for convenience only.

17. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms, please contact us:

18. ADDITIONAL POLICIES

These Terms incorporate by reference:

• Privacy Policy: How we collect and use your information
• Cookie Policy: How we use cookies and tracking technologies
• Acceptable Use Policy: Detailed usage guidelines
• API Terms: Additional terms for API users (if applicable)

Please review all policies to understand your rights and obligations.