Terms of Service

1. Acceptance of Terms

By accessing or using Cutout Designer ("Service"), operated by Sold My Stuff Here LLC ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms apply to all users of the Service, including visitors, free users, and paid subscribers. By creating an account or using our AI features, you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Service Description

Cutout Designer is a web-based application that allows users to:

Create custom design templates for cutting machines
Upload images and position them on design templates
Generate AI-powered images for your designs
Modify images using AI features (background removal, enhancement, style transfer)
Add text layers to designs
Export designs as print-ready PDF files
Batch create personalized designs using mail merge

The Service creates cutting templates and layouts. Physical cutout creation requires your own equipment and supplies.

3. User Accounts

3.1 Account Creation

To access certain features, you must create an account. You agree to:

Provide accurate, current, and complete information
Maintain and update your information as needed
Keep your password secure and confidential
Accept responsibility for all activities under your account
Notify us immediately of any unauthorized use

3.2 Account Requirements

You must be at least 13 years old to create an account. If you are under 18, you represent that you have parental or guardian consent to use the Service.

3.3 Account Security

You are responsible for maintaining the security of your account. We are not liable for any losses arising from unauthorized access due to your failure to protect your credentials.

4. Subscriptions and Credits

4.1 Subscription Tiers

We offer the following subscription tiers:

Tinker (Free): Limited design creation (5 per month), includes advertising, no AI credits
Maker ($4.99/month): Unlimited designs, no ads, 10 AI credits/month
Producer ($19.99/month): All Maker features plus text layers, mail merge, 100 AI credits/month

4.2 AI Credits

AI Credit System:

AI credits are used for AI-powered features (image generation, background removal, enhancement, style transfer)
Each AI operation costs 1 credit
Monthly credits reset on your billing date and do not roll over
AI credits are only available to paid subscribers or via credit pack purchases
Credits have no cash value and cannot be transferred or sold

4.3 AI Credit Pack Purchases

In addition to monthly subscription credits, you may purchase standalone AI credit packs:

Credit packs are purchased as one-time payments and do not auto-renew
Credits from credit packs do not expire
Credit packs can be purchased by both free and paid users
AI credits are non-refundable once used

4.4 Billing and Payment

Subscriptions are billed in advance on a monthly basis
Payment for subscriptions and AI credit packs is processed securely through Stripe
Prices are in US dollars and may be subject to applicable taxes
You authorize us to charge your payment method automatically for recurring subscriptions

4.5 Cancellation and Refunds

You may cancel your subscription at any time from your account page
Cancellation takes effect at the end of your current billing period
We offer a 30-day money-back guarantee for new subscribers
Refunds for cancellations after 30 days are at our discretion
AI Credits are non-refundable once used

4.6 Price Changes

We reserve the right to modify subscription prices. Existing subscribers will be notified 30 days in advance of any price changes affecting their subscription.

5. AI Features and Generated Content

Important: This section covers AI-powered features including image generation, background removal, enhancement, and style transfer.

5.1 AI Technology

Our AI features are powered by third-party AI models, including Google Gemini, OpenAI ChatGPT, and Photoroom. By using AI features, you acknowledge that:

AI-generated content is created using machine learning models
Results may vary and are not guaranteed to meet specific expectations
Your prompts and images are processed by third-party AI services
AI features are subject to usage limits based on your subscription tier

5.2 Ownership of AI-Generated Content

You own the rights to AI-generated content you create using our Service.

Subject to our Content Policy, you retain ownership of images generated through your prompts and may use them for personal or commercial purposes, including:

Creating cutouts for sale
Using generated images in your own products
Modifying and building upon generated content

5.3 AI Limitations Disclaimer

AI Results Disclaimer:

AI-generated images may not always match your expectations or prompt description
Quality and accuracy of results cannot be guaranteed
AI may occasionally produce unexpected, inappropriate, or inaccurate results
Generated images may have artifacts, distortions, or quality variations
We are not responsible for how AI interprets your prompts

5.4 Report Bad Results

If you receive unsatisfactory AI results, you may use our "Report Bad Result" feature:

Reports help us improve AI quality and detect issues
Rate limited to prevent abuse (10 reports per hour)
Reports are for quality improvement purposes only and do not result in credit refunds
Abuse of the report feature may result in account suspension

5.5 Prompt Guidelines

When using AI generation, your prompts must comply with our Content Policy. We reserve the right to:

Reject prompts that violate our content guidelines
Filter or modify prompts for safety purposes
Review generation history for policy compliance
Suspend accounts that repeatedly violate prompt guidelines

6. Content Policy

6.1 User Responsibility

You are solely responsible for all content you create, upload, or generate using our Service. This includes images, text, prompts, and any other materials.

6.2 Prohibited Content

You may NOT create, upload, or generate content that:

Violence: Depicts graphic violence, gore, or promotes harm to individuals or groups
Sexual Content: Contains explicit sexual content, pornography, or sexualized depictions of minors
Hate Speech: Promotes hatred, discrimination, or violence against protected groups
Illegal Activities: Promotes illegal activities, drug use, or criminal behavior
Impersonation: Creates fake content impersonating real individuals without consent
Deepfakes: Creates deceptive media designed to mislead viewers about real events or people
Copyright Infringement: Violates intellectual property rights of others
Harmful Misinformation: Spreads dangerous medical, political, or scientific misinformation
Harassment: Targets, harasses, or threatens specific individuals
Terrorism: Promotes or supports terrorist organizations or activities

6.3 Content Moderation

We employ content moderation measures including:

Automated safety filters on AI prompts and generations
Review of reported content
Periodic audits of generation activity
User reporting mechanisms

6.4 Consequences of Violations

Violations of our Content Policy may result in:

Deletion of offending content
Loss of AI credits without refund
Temporary or permanent account suspension
Reporting to law enforcement if legally required

For detailed content guidelines, please see our Content Policy page.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its original content, features, and functionality, is owned by Sold My Stuff Here LLC and is protected by copyright, trademark, and other intellectual property laws.

7.2 Your Content

You retain ownership of content you upload or create. By using our Service, you grant us a limited license to:

Process and display your content to provide the Service
Store your content on our servers
Create technical copies necessary for backup and operation

We do not claim ownership of your uploaded images or AI-generated content.

7.3 Copyright Compliance

You represent that you have the right to use any images you upload and that your content does not infringe on third-party intellectual property rights.

7.4 DMCA Notice

If you believe content on our Service infringes your copyright, please contact us at our contact form with:

Identification of the copyrighted work
Location of the allegedly infringing material
Your contact information
A statement of good faith belief
Your physical or electronic signature

8. Prohibited Uses

8.1 General Prohibited Conduct

You agree NOT to use the Service to:

Violate any applicable local, state, national, or international laws or regulations
Create content prohibited by our Content Policy
Infringe upon or violate our intellectual property rights or those of others
Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
Submit false or misleading information
Upload or transmit viruses, malware, or other malicious code
Spam, phish, or engage in any fraudulent activity
Create deepfakes or deceptive impersonation content
Generate content for illegal purposes

8.2 Technical Restrictions

You are strictly prohibited from:

Scraping & Crawling: Using any robot, spider, crawler, scraper, or other automated means to access the Service or extract data without our express written permission
Exploiting Bugs: Intentionally exploiting any bug, glitch, vulnerability, or unintended behavior in the Service for personal gain or to cause harm. If you discover a vulnerability, you must report it to us immediately
Reverse Engineering: Decompiling, disassembling, reverse engineering, or attempting to derive the source code, algorithms, or data structures of the Service
Circumvention: Bypassing, disabling, or interfering with security features, rate limits, usage restrictions, or copy protection mechanisms
Unauthorized Access: Attempting to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service
System Interference: Interfering with, disrupting, or creating an undue burden on the Service, servers, or networks, including denial-of-service attacks
Security Testing: Conducting security scans, penetration testing, or vulnerability assessments without our prior written authorization

8.3 Account & Access Restrictions

Sharing account credentials or allowing multiple people to use a single account
Creating multiple accounts to circumvent restrictions, bans, or obtain additional free credits
Using automated systems (bots, scripts) to interact with the Service without permission
Attempting to bypass rate limits, credit limits, or usage restrictions
Impersonating another person or entity, or falsely representing your affiliation
Selling, transferring, or sublicensing your account or any rights to use the Service

8.4 Commercial Restrictions

Reselling or redistributing AI-generated content as a competing AI image generation service
Using the Service to train competing AI or machine learning models
Using generated outputs to create datasets for training AI systems
White-labeling or rebranding the Service without authorization
Using the Service in a way that competes directly with Cutout Designer's core business

8.5 Bug Bounty & Responsible Disclosure

If you discover a security vulnerability or bug:

Do NOT exploit it or share it publicly
Report it immediately via our Security Contact Form
Provide sufficient detail to reproduce the issue
Allow reasonable time for us to address the issue before any disclosure

We appreciate responsible disclosure and may acknowledge security researchers who help improve our Service.

9. Data Retention

9.1 AI-Generated Content Storage

AI Generation Storage Policy:

AI-generated images are stored temporarily for 30 days
Images saved to your library are retained until you delete them or close your account
Prompt text is hashed for abuse detection but not stored in plain text long-term
You can download your generated images at any time

9.2 Account Data

Account information and creation history are retained while your account is active. Upon account deletion:

Personal information is deleted within 30 days
Anonymized analytics may be retained for business purposes
Some data may be retained for legal compliance

9.3 Your Rights

You may request data export or deletion by contacting us through our Support Center.

10. Disclaimers and Limitations

10.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.2 AI Disclaimer

AI features are experimental technology. We do not guarantee:

That AI-generated images will meet your expectations
That AI features will be available at all times
That AI results will be free from errors or artifacts
That AI-generated content will be suitable for any particular purpose

10.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SOLD MY STUFF HERE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

Your use or inability to use the Service
Any AI-generated content or its use
Unauthorized access to your account or data
Any third-party conduct on the Service
Any content obtained from the Service

10.4 Maximum Liability

Our total liability for any claims arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

11. Termination

11.1 Termination by You

You may terminate your account at any time through your account settings or by contacting support. Upon termination:

Your subscription will end at the end of the current billing period
Unused AI credits are forfeited
Your data will be handled according to our retention policy

11.2 Termination by Us

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

You violate these Terms
You violate our Content Policy
Your account shows fraudulent activity
Required by law

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections of these Terms that by their nature should survive termination will survive.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Posting the updated Terms on our website
Updating the "Last Updated" date
Sending email notification for significant changes

Your continued use of the Service after changes constitutes acceptance of the updated Terms. If you do not agree to the new Terms, you must stop using the Service.

13. Contact Information

Sold My Stuff Here LLC

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

Support Center: Complete help and contact options
Contact Form: Contact Us
Privacy Inquiries: Privacy Contact

Response Time: We aim to respond to all inquiries within 48 hours.

14. Indemnification

You agree to defend, indemnify, and hold harmless Sold My Stuff Here LLC, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from or alleged to result from:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights, including intellectual property rights
Any content you create, upload, or generate using the Service
Your negligence or willful misconduct

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims.

15. Third-Party Services

15.1 External Services

The Service may integrate with or link to third-party services, including:

Google Gemini: AI image generation and processing
OpenAI ChatGPT: AI image generation and processing
Photoroom: AI background removal and image enhancement
Stripe: Payment processing
Supabase: Database and authentication
Google Analytics: Usage analytics

15.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for third-party services, their content, privacy practices, or availability.

15.3 Third-Party Links

The Service may contain links to third-party websites. We do not control or endorse these sites and are not responsible for their content or practices.

16. Additional Legal Provisions

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska, United States, without regard to its conflict of law provisions.

16.2 Dispute Resolution & Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any disputes arising from these Terms or your use of the Service shall first be attempted to be resolved through informal negotiation by contacting us. If a dispute cannot be resolved informally within 30 days, you and Sold My Stuff Here LLC agree to resolve any claim through final and binding arbitration, except as set forth below.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules
The arbitration will take place in Nebraska or, at your election, via telephone or video conference
The arbitrator's decision will be final and binding
Either party may seek injunctive relief in court for intellectual property infringement

16.3 Class Action Waiver

YOU AND SOLD MY STUFF HERE LLC 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.

Unless both you and Sold My Stuff Here LLC agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

16.4 Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control, including but not limited to:

Natural disasters, acts of God, or severe weather
War, terrorism, civil unrest, or government actions
Epidemics, pandemics, or public health emergencies
Internet or telecommunications failures
Third-party service provider outages (including AI providers)
Power outages or utility failures
Cyberattacks or security incidents beyond our reasonable control

16.5 Electronic Communications

By using the Service, you consent to receive electronic communications from us. These communications may include:

Account-related notices (welcome emails, password resets, security alerts)
Service updates and changes
Billing and subscription information
Promotional materials (you may opt out of marketing communications)

You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

16.6 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

16.7 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16.8 Entire Agreement

These Terms, together with our Privacy Policy and Content Policy, constitute the entire agreement between you and Sold My Stuff Here LLC regarding the Service and supersede all prior agreements, representations, and understandings.

16.9 No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Sold My Stuff Here LLC.

16.10 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

16.11 Survival

The following sections shall survive termination of these Terms: Intellectual Property, Indemnification, Disclaimers and Limitations, Dispute Resolution, and any other provisions that by their nature should survive.

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