Terms of Service

Acceptance of Terms

By accessing and using Vaethat's AI image enhancement service ("Service"), you accept and agree to be bound by the terms and provisions of this agreement ("Terms"). These Terms constitute a legal agreement between you and Vaethat.

If you do not agree to these Terms, you must not access or use our Service. Your use of the Service is also subject to our Privacy Policy, which is incorporated by reference into these Terms.

Service Description

Vaethat provides AI powered image enhancement services that allow users to upload, process, and download improved versions of their images. Our service includes:

  • Image enhancement: AI powered improvement of image quality, resolution, and clarity. Our AI uses advanced models to upscale and enhance images based on user inputs, but results may vary due to inherent AI limitations such as potential biases or added details not present in originals.
  • Cloud storage: Secure storage of your original and enhanced images.
  • Account management: User dashboard for managing images, settings, and subscription.
  • Credit system: Usage tracking and credit allocation based on your subscription plan.
  • Partner API: Programmatic access to our enhancement services via a separately billed API (Developer, Scale, Studio, and Enterprise plans).

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice.

User Accounts and Registration

Account Creation

  • Accurate information: You must provide accurate, complete, and current information during registration.
  • Single account: You may only create one account per person or legal entity. For organizations, enterprise plans may allow sub-accounts for team access.
  • Age requirement: You must be at least 18 years old, or 13 years old with verifiable parental consent (16 in the EU without consent).
  • Authorization: If registering on behalf of an organization, you must have authority to bind that entity.

Account Security

  • Password protection: You are responsible for maintaining the confidentiality of your account credentials.
  • Unauthorized access: You must notify us immediately of any unauthorized use of your account.
  • Account responsibility: You are liable for all activities that occur under your account.
  • Account sharing: You may not share your account credentials or allow others to access your account, except as permitted under enterprise plans.

Acceptable Use Policy

Permitted Uses

You may use our Service to:

  • Enhance images that you own or have rights to process.
  • Use enhanced images for personal, educational, or commercial purposes.
  • Store and download your processed images.
  • Access customer support and documentation.

Prohibited Activities

You agree not to:

  • Illegal content: Upload images that are illegal, harmful, threatening, or violate any laws.
  • Intellectual property violation: Process images that infringe on copyright, trademark, or other intellectual property rights.
  • Harmful content: Upload content that is defamatory, obscene, pornographic, offensive, or used to create deepfakes or misleading representations.
  • Privacy violations: Process images containing personal information without proper consent.
  • Malicious activity: Use the Service to distribute malware, spam, or engage in phishing.
  • System interference: Attempt to reverse engineer, hack, or interfere with our systems.
  • Resource abuse: Overload our servers or circumvent usage limits.
  • Competitive intelligence: Use the Service to develop competing products or services.

Content and Intellectual Property Rights

Your Content Rights

  • Ownership retention: You retain all ownership rights to your original images.
  • Enhanced images: You own the enhanced versions of your images, subject to applicable laws regarding AI-generated content (e.g., enhanced images may incorporate AI-generated elements, and their copyright status may vary by jurisdiction).
  • Processing license: You grant us a limited, non-exclusive license to process, store, and enhance your images. If you opt-in, we may use anonymized data to improve our services.
  • Rights representation: You represent that you have all necessary rights to upload and process your images.
  • Third-party rights: You warrant that your images don't infringe on any third-party rights.

Our Intellectual Property

  • Proprietary technology: Our AI algorithms, software, and enhancement technology are proprietary.
  • Trademarks: The Vaethat name, logo, and branding are our trademarks.
  • No reverse engineering: You may not attempt to copy, modify, or reverse engineer our technology.
  • Limited license: We grant you a limited license to use our Service according to these Terms.

Copyright Compliance

We respect intellectual property rights and expect our users to do the same. If you believe your copyright has been infringed, please contact us with:

  • Description of the copyrighted work.
  • Location of the allegedly infringing material.
  • Your contact information.
  • Statement of good faith belief that use is not authorized.
  • Statement of accuracy and authority to act on behalf of the copyright owner.

Subscription Plans and Billing

Available Plans

  • Basic: 200 credits/month — €12/month. No free trial.
  • Professional: 500 credits/month — €29/month.
  • Business: 1,000 credits/month — €49/month.
  • Enterprise Standard: 2,000 credits/month — €94/month.
  • Enterprise Premium: 4,000 credits/month — €160/month.
  • Enterprise Custom: Custom solutions with dedicated support — Contact Sales.

Partner API Plans

The Vaethat Partner API is billed and metered separately from UI subscriptions. API credits cannot be used in the web app and vice versa.

  • Developer: 4,000 credits/month — €99/month.
  • Scale: 12,000 credits/month — €299/month.
  • Studio: 32,000 credits/month — €799/month.
  • Enterprise: Custom volume and pricing — Contact Sales.

Billing Terms

  • Advance payment: Subscription fees are billed in advance on a monthly basis. Applicable taxes will be added at checkout.
  • Auto-renewal: Subscriptions automatically renew unless cancelled.
  • Payment methods: We accept major credit cards and other approved payment methods.
  • Failed payments: Service may be suspended for failed payments until resolved.
  • Currency: All prices are in Euros (EUR) unless otherwise specified.

Credit System

  • Monthly allocation: Credits are allocated monthly on your billing date.
  • Rollover: Unused credits roll over to the next billing period, up to 2× your monthly allocation.
  • Expiry: Unused credits expire when your subscription ends and have no cash value.
  • Usage tracking: Credits are deducted when image processing completes.
  • Overage: Processing stops when credits are exhausted until next billing cycle.

Changes and Cancellation

  • Plan changes: You may upgrade or downgrade your plan at any time, with prorated adjustments where applicable.
  • Cancellation: You may cancel your subscription at any time without penalty.
  • Effective date: Changes take effect at the next billing cycle.
  • Access retention: You retain access to enhanced images even after cancellation.

Partner API Use

If you access the Vaethat Partner API, the following terms apply in addition to the rest of these Terms and our Acceptable Use Policy.

API Keys

  • Confidentiality: API keys are secrets. You must not share, publish, or embed them in client-side code.
  • Responsibility: You are responsible for all activity performed with your keys, including usage and credit consumption.
  • Rotation: You must rotate any key that is leaked or suspected of being compromised, and notify us promptly.
  • Live vs test keys: Requests made with test keys (vth_test_...) do not charge credits and return the source image as the result; live keys (vth_live_...) charge credits normally.

Credits and Resolution Limits

  • Per-job cost: Each enhancement charges credits equal to ceil(sqrt(output_width × output_height) / 500), minimum 1 credit.
  • Plan caps: Maximum output dimension is gated by your API plan tier (2000px on sandbox/test, up to 8000px on paid plans).
  • Insufficient credits: Requests that would exceed your remaining balance are rejected; no partial processing occurs.

Rate Limits and Fair Use

  • Throttling: We may apply rate limits per key, per IP, or per account to protect service stability.
  • Suspension: We may throttle, suspend, or revoke keys for abuse, runaway loops, sustained error rates, or breach of these Terms.

Source Images and Webhooks

  • Image requirements: Source images must be reachable over HTTPS, no larger than 50 MB, and in JPEG, PNG, or WebP format.
  • Acceptable Use: The Acceptable Use Policy above applies to all images submitted through the API.
  • Output URLs: Result URLs are signed and expire. You are responsible for downloading and storing results before expiry.
  • Webhook delivery: You are responsible for the availability and security of your webhook endpoint. We retry failed deliveries on a best-effort basis and do not guarantee indefinite retries.

Restrictions

  • No reselling: You may not resell, sublicense, or repackage the Partner API as a competing image enhancement product or service.
  • No circumvention: You may not use the API to bypass plan limits, resolution caps, or credit accounting.
  • Attribution: Live API plans must display a visible "Powered by vaethat" label (text or badge) in the UI wherever enhanced images appear. A clickable link to vaethat.com is recommended but not required. Sandbox/test usage is exempt.

Refund Policy

We offer refunds under the following conditions:

  • Service issues: If our Service fails to function as described due to technical problems on our end.
  • Billing errors: If you were charged incorrectly due to system errors.
  • Unauthorized charges: If charges were made without your authorization.
  • Request timeframe: Refund requests must be made within 30 days of the charge.
  • Processing time: Approved refunds are processed within 5-10 business days.

Refunds are not available for normal usage of credits or change of mind after service consumption.

Service Availability and Performance

Uptime Commitment

  • Target availability: We strive for 99.9% uptime but cannot guarantee uninterrupted service.
  • Scheduled maintenance: Planned maintenance will be announced at least 24 hours in advance.
  • Emergency maintenance: Unscheduled maintenance may occur for security or critical issues.
  • Service monitoring: We continuously monitor system performance and address issues promptly.
  • Force Majeure: We are not liable for delays or failures due to events beyond our control, such as natural disasters, cyberattacks, or pandemics.

Performance Standards

  • Processing time: Most images are processed within 30 seconds to 5 minutes.
  • Queue management: During high demand, images may be queued for processing.
  • File size limits: Maximum file size and dimension limits apply based on your plan.
  • Supported formats: We support common image formats (JPEG, PNG, TIFF, etc.).

Export Controls and International Use

You agree to comply with all applicable export control laws and regulations. The Service may not be used by individuals or entities in sanctioned countries or for prohibited end-uses under international law.

Privacy and Data Protection

Your privacy is important to us. Our data handling practices are detailed in our Privacy Policy, which covers:

  • What information we collect and how we use it.
  • How we protect and secure your data.
  • Your rights regarding your personal information.
  • How long we retain your data.
  • Third-party services we use.

By using our Service, you also agree to the terms of our Privacy Policy. We comply with applicable data protection laws, including the GDPR for EU residents. In the event of a data breach, we will notify affected users within 72 hours as required by law.

Disclaimers and Limitation of Liability

Service Disclaimers

  • "As is" basis: The Service is provided on an "as is" and "as available" basis.
  • No warranties: We disclaim all warranties, express or implied, including merchantability and fitness for purpose, except where prohibited by law.
  • Enhancement quality: While we strive for high-quality results, enhancement outcomes may vary.
  • No guarantee: We don't guarantee that the Service will meet your specific requirements.

Limitation of Liability

To the maximum extent permitted by law, Vaethat shall not be liable for:

  • Indirect damages: Any indirect, incidental, special, or consequential damages.
  • Data loss: Loss of data, images, or other content (maintain your own backups).
  • Business interruption: Lost profits, revenue, or business opportunities.
  • Third-party actions: Actions of third parties using your enhanced images.
  • Service interruptions: Damages arising from service downtime or performance issues.

Our total liability to you for any claims arising from or related to the Service shall not exceed the amount you paid us in the 12 months prior to the event giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless Vaethat and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from:

  • Your use of the Service.
  • Your violation of these Terms.
  • Your violation of any third-party rights.
  • Content you upload or process through the Service.
  • Any negligent or wrongful conduct by you.

We agree to indemnify you for claims arising from our gross negligence or willful misconduct, subject to the limitations above.

Account Termination

Termination by You

  • Voluntary termination: You may terminate your account at any time.
  • Data retention: Your images will be deleted within 30 days of account termination.
  • Download period: You have 30 days to download your images before deletion.
  • Subscription cancellation: Cancel your subscription to avoid future charges.

Termination by Us

We may terminate or suspend your account immediately, without prior notice, for:

  • Terms violation: Any breach of these Terms of Service.
  • Illegal activity: Using the Service for illegal purposes.
  • Abuse: Abusing our Service, staff, or other users.
  • Non-payment: Failure to pay subscription fees.
  • Fraud: Fraudulent or deceptive practices.

Effects of Termination

  • Your right to use the Service terminates immediately.
  • All provisions that should survive termination will remain in effect.
  • You remain liable for all charges incurred before termination.
  • We are not liable for any consequences of termination.

Dispute Resolution

Informal Resolution

Before initiating formal proceedings, we encourage you to contact us directly to resolve any disputes. Most concerns can be resolved quickly through direct communication.

Arbitration

Any unresolved disputes may be submitted to binding arbitration under the rules of the International Chamber of Commerce, at your option.

Governing Law

These Terms are governed by and construed in accordance with the laws of Spain, without regard to conflict of law principles.

Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Madrid, Spain.

Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes:

  • Notification: We'll notify you of significant changes via email or prominent notice in the Service.
  • Effective date: Changes become effective 30 days after notification for existing users.
  • Continued use: Your continued use after changes constitutes acceptance of the modified Terms.
  • Disagreement: If you don't agree with changes, you may terminate your account.

General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the complete agreement between you and Vaethat regarding the Service.
  • Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
  • Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of such provision or any other provision.
  • Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms without your consent in connection with a merger, acquisition, or sale of assets.

Contact Information

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

  • Terms Questions: terms@vaethat.com
  • Support: Through our contact form on the website.