Terms of Service

Last Updated: December 2024

Welcome to Spinny Duck!

These Terms of Service ("Terms") govern your use of the SpinnyDuck website, located at https://spinnyduck.com, and the AI-powered image generation services offered therein (collectively, the "Service"). The Service is provided by Appforgelabs LLC ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

1. Service Description

SpinnyDuck is a web application that allows users to upload images and generate 3D figurine visualizations using a combination of third-party artificial intelligence services. To use the generation features, users must purchase and spend "Credits."

2. User Accounts

  • Account Creation: To access the core features of our Service, you must create an account by authenticating through Google OAuth. By doing so, you authorize us to access certain information from your Google account, including your full name and email address, as described in our Privacy Policy.
  • Account Responsibility: You are responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3. Credits and Payments

  • Credit System: The Service operates on a prepaid credit system. You must purchase Credits to generate images. The number of Credits required for a generation may vary.
  • Payment Processing: All payments for Credits are processed through our third-party payment processor, Stripe. We do not collect or store your payment card details. By making a purchase, you agree to be bound by Stripe's Services Agreement and Privacy Policy.
  • No Refunds: All purchases of Credits are final and non-refundable. Your credit balance does not expire but has no monetary value outside of the SpinnyDuck Service and cannot be exchanged for cash.

4. User-Uploaded Content

  • Your Ownership: You retain all ownership rights to the photos and images you upload to the Service ("User Content").
  • License to Us: By uploading User Content, you grant Appforgelabs LLC a worldwide, non-exclusive, royalty-free, sublicensable license to use, process, reproduce, and modify your User Content for the sole purpose of operating, providing, and improving the SpinnyDuck Service. This license is necessary for us to send your image to our AI partners and generate your figurine.
  • Your Responsibility: You represent and warrant that you have all necessary rights to upload your User Content and that its use by us, as described here, will not violate any third-party rights (including copyrights, trademarks, or privacy rights).

5. AI-Generated Content

  • Ownership: Subject to your compliance with these Terms, you own the 3D figurine visualizations and images created for you by the Service ("Generated Content"). You are free to use your Generated Content for personal or commercial purposes.
  • Nature of AI: You acknowledge that Generated Content is created by artificial intelligence. The output may be unexpected, imperfect, or may not be unique. We make no warranties about the quality, accuracy, or fitness for a particular purpose of any Generated Content.

6. Acceptable Use Policy

You agree not to use the Service to:

  • Upload or generate any content that is unlawful, harmful, defamatory, obscene, or hateful.
  • Upload any content that infringes upon the intellectual property rights of others.
  • Attempt to reverse-engineer, decompile, or otherwise discover the source code of the Service.
  • Use any automated system to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period.
  • Upload files that contain viruses or are larger than the specified 10MB limit.

We reserve the right to suspend or terminate accounts that violate this policy.

7. Service Availability and Disclaimers

  • "As Is" Service: The Service is provided "as is" and "as available" without any warranties of any kind, express or implied.
  • Third-Party Dependencies: Our Service relies on third-party providers, including Google, OpenAI, and Stripe. We are not responsible for any outages, errors, or limitations caused by these third parties.
  • Public Image Access: Please be aware that Generated Content is stored on our servers and served via a public URL. While the URL is not publicly listed, anyone with the direct link can access the image. Do not upload sensitive or private images.

8. Limitation of Liability

To the fullest extent permitted by law, Appforgelabs LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; or (c) unauthorized access, use, or alteration of your transmissions or content.

9. Termination

You may stop using our Service at any time. We reserve the right to suspend or terminate your access to the Service at our discretion, without notice, for any reason, including for a breach of these Terms.

10. Governing Law

These Terms shall be governed by the laws of the State of New Mexico, United States, without regard to its conflict of law provisions.

11. Changes to Terms

We may modify these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. Your continued use of the Service after the changes have been posted constitutes your acceptance of the new Terms.

12. Contact Us

If you have any questions about these Terms, please contact us at:

Appforgelabs LLC
1209 MOUNTAIN ROAD PL NE STE N, Albuquerque NM 87110 USA
Email: [email protected]