Terms of Service | HummingBytes

Welcome to HummingBytes! These Terms of Service ("Terms") govern your use of our AI image and video generation platform for ecommerce sellers, creators, and small teams ("Services"), operated by HummingBytes, LLC. By using our Services, you agree to these Terms.

1. Accounts and Age Requirements

You must be at least 18 years old to use our Services. You are responsible for keeping your account credentials secure and for all activities that occur under your account.

2. Content Ownership

Your Content: You own all the data, images, and other content you upload to the Service ("Your Content"). We do not claim any rights to it. You grant us a limited license solely to use Your Content to provide and improve our Services for you.
Generated Content: You own the images, videos, and other content you generate through the Services ("Generated Content"), subject to your compliance with any third-party model licenses (see Section 4). We assign to you any rights we might have in the Generated Content.
Our Content: We own the platform, our branding, and all related intellectual property. You may not copy or reverse engineer our Services.

3. Acceptable Use Policy

You agree not to use the Services to create, upload, or share any content that:

Is illegal, harmful (e.g., malware, phishing), hateful, or discriminatory.
Violates someone’s privacy, intellectual property, or other rights. This includes training models on copyrighted data without a proper license.
Involves the exploitation or harm of minors. Nudity and sexually explicit content are strictly prohibited.
Is deceptive or fraudulent, such as creating non-consensual deepfakes, misinformation, or impersonating individuals without their explicit consent.
Attempts to discover the source code or underlying components of our models or systems.

4. Model Licenses

The AI models available on our platform (like Flux, Llama, Qwen) are provided by third parties and are subject to their own licenses. You are solely responsible for understanding and complying with these licenses, especially any restrictions on commercial use.

5. Subscriptions, Payments, and Refunds

Subscriptions: If you purchase a subscription plan, it will automatically renew at the end of each billing cycle (e.g., monthly). You authorize us to charge your payment method for the renewal. You can cancel your subscription at any time through your account settings. Cancellations will take effect at the end of the current billing period.
Payments and Refunds: Our pay-as-you-go Services are billed based on your usage. All payments are governed by our Refund Policy, which outlines the specific conditions under which a refund may be considered. Any free credits or trials have no cash value and are non-refundable.
One-time credit packs: Personal accounts can buy one-time credit packs; team accounts cannot. A pack is a single payment: it does not renew or start a subscription, and it does not change an existing plan, renewal date, or billing. The pack's credits are added once payment is confirmed and expire 365 days after successful payment. Each purchase keeps its own expiry, and a later purchase does not extend an earlier one. Pack credits can be used with every generally available credit-based feature, but they do not include subscription benefits such as AI Assist or the storage that comes with a subscription. Credits cannot be transferred or gifted. When you hold credits from more than one source, we spend the credits that expire soonest first. Refunds follow Section 5 of our Refund Policy.
Free first product image: Without an account, a person can create one free product image from one product photo, with one free retry if the first image comes out wrong. It is limited to one per person, and we may limit, pause, or end it at any time. By uploading, you confirm that you are at least 18 years old and that the photo is yours or you have permission to use it. You own the free image like other Generated Content. If a paid product shot made after it changes your product, we return the credits used for those images as described in our Refund Policy.
Annual credit delivery: Annual plans are paid upfront at the displayed annual price. Starter, Creator, and Pro release 1,200, 2,900, and 5,900 credits per credit month. Monthly releases follow the original paid-term date and time in UTC, using the last valid day in shorter months. Delivery occurs within 24 hours of that boundary. Unused monthly allowance expires at the next boundary and does not roll over. A delayed delivery restores only the currently valid month, with its original expiry.
Plan changes: Tier upgrades and downgrades, and monthly-to-annual changes, take effect immediately with Stripe monetary proration. For annual tier changes, generation-credit differences are prorated for the remaining credit month. Deductions are limited to affected unspent credits. Same-tier annual-to-monthly changes take effect at the paid annual term end. Cancelling renewal preserves monthly releases through that paid term. Renewal payment must succeed before credits for a new term can be released.
Credit returns and reversed payments: Eligible failed-generation refunds preserve their source and expire at the later of the original expiry or 30 days after the refund. This is an exception to monthly expiry. An approved full or partial annual-payment refund terminates the remaining term and revokes affected unspent credits. Disputed payments may also stop releases and withhold those credits. A later task refund cannot make credits from a reversed payment available. If payment is reinstated, support may resume the original schedule and restore still-valid credits with their original expiry. Expired allowances are not automatically restored.

6. Data Retention and Account Cancellation

Active Subscribers: As long as you maintain an active subscription, all your generated content is stored indefinitely with unlimited storage.
After Cancellation: When your subscription ends or is cancelled:
- Generated images and videos are retained for 90 days, giving you time to download your content. After 90 days, they are permanently deleted.
Credit pack creations: Images and videos generated with credit pack credits are kept for at least 365 days after they are created, whether or not you have a subscription. If you also have a subscription that ends, they are kept until the later of that date or 90 days after the subscription ends. You can delete them yourself at any time.
Free first product image: The photo you upload for a free first product image and the free image are deleted automatically 7 days after upload, or sooner if you delete them. If you sign in and create more shots, the photo is saved as a product in your account's library and is kept like your other uploads.

You can export your data at any time through your account settings while your subscription is active or during the retention period.

7. Disclaimers and Limitation of Liability

THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES. WE DO NOT GUARANTEE THAT THEY WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR NEEDS.

THE PLATFORM IS NOT INTENDED FOR HIGH-RISK ACTIVITIES (e.g., medical, autonomous vehicles) WHERE FAILURE COULD LEAD TO SERIOUS HARM.

TO THE FULLEST EXTENT PERMITTED BY LAW, HUMMINGBYTES, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICES IS LIMITED TO THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

8. Indemnification

You agree to indemnify and hold harmless HummingBytes, LLC from any claims, damages, or expenses arising from your use of the Services, your content, or your violation of these Terms.

9. DMCA (Copyright) Policy

We respect copyright. If you believe your work has been infringed, please send a DMCA notice to our designated agent with all required information. We reserve the right to terminate the accounts of repeat infringers.

DMCA Agent, HummingBytes, LLC
Email: [email protected]
Address:
c/o Legalinc Corporate Services Inc.
131 Continental Dr, Suite 305
Newark, DE 19713
United States

10. Dispute Resolution and Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute arising from these Terms will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR A JURY TRIAL. You can opt out of this arbitration agreement within 30 days of creating your account by emailing us at [email protected].

11. Termination

You may terminate your account at any time. We reserve the right to suspend or terminate your account if you violate these Terms. For minor violations, we will provide notice and an opportunity to remedy the issue where appropriate. For severe violations (such as illegal activities or content), termination may be immediate and without notice.

12. General Terms

We may update these Terms by notifying you 30 days in advance. Your continued use of the Services after the changes take effect means you agree to the new Terms. These Terms, along with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and HummingBytes, LLC.

13. Contact

For questions about these Terms, please contact us at [email protected].