Terms of Service

1. Introduction

Welcome to SheerMuse ("we," "our," or "us"). By accessing or using our website, mobile application, or services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

SheerMuse provides a membership site for accessing AI-generated images. These Terms govern your access to and use of our Services, including any content, functionality, and services offered on or through our website or mobile application.

These Terms constitute a legally binding agreement between you and SheerMuse. Please read them carefully.

2. Eligibility

By using our Services, you represent and warrant that:

• You are at least 18 years of age, or the age of legal majority in your jurisdiction, whichever is greater;
• You have the legal capacity to enter into a binding contract with SheerMuse;
• You are not barred from using our Services under applicable law;
• You have not previously been suspended or removed from our Services; and
• Your registration and use of our Services will not violate any applicable laws or regulations.

If you are accessing or using our Services on behalf of a business or entity, you represent and warrant that you have the authority to bind that business or entity to these Terms, and that business or entity agrees to be bound by these Terms.

3. Account Registration

To access certain features of the Services, you may be required to register for an account. When you register, you must provide accurate and complete information. You are solely responsible for the security of your account and for all activity that occurs under your account. If you believe your account security has been compromised, please contact us immediately.

You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information;
• Keep your password secure and confidential;
• Notify us immediately of any unauthorized use of your account or any other breach of security; and
• Accept responsibility for all activities that occur under your account.

4. Subscription and Payments

SheerMuse offers various subscription plans and one-time purchases. By selecting a subscription plan or making a purchase, you agree to pay the applicable fees. We use Stripe as our payment processor and do not directly store your payment information.

For subscriptions:

• Your subscription will automatically renew at the end of each billing period unless you cancel it;
• You may cancel your subscription at any time through your account settings;
• If you cancel, you may continue to access the subscription content until the end of your current billing period;
• We reserve the right to change subscription fees upon reasonable notice;
• Refunds are provided in accordance with our refund policy outlined below.

For collection purchases and other one-time payments:

• All purchases are final unless otherwise required by applicable law;
• Access to purchased collections remains valid as long as your account is active;
• Collection credits are refreshed according to your subscription plan and expire according to our credit policy.

5. Refund Policy

Due to the digital nature of our Services:

• Subscription payments are generally non-refundable;
• Collection purchases and other one-time payments are final and non-refundable;
• In cases of technical failure where you are unable to access purchased content, we may provide a refund or credit at our discretion;
• If you believe you are entitled to a refund, please contact our customer support team with your order details and the reason for your request.

6. Payment Disputes and Chargebacks

We take payment security and fraud prevention seriously. To protect our platform and users:

• Unauthorized payment disputes may result in immediate suspension of account access while under review;
• Account access will remain suspended for disputed payments until the matter is resolved through the payment processor;
• Multiple payment disputes may result in permanent account restrictions or termination;
• Users may appeal account suspensions through our support system within seven (7) days of notification;
• Fraudulent payment disputes may result in immediate account termination without appeal;
• We reserve the right to pursue legal action for fraudulent or abusive payment disputes.

If you have concerns about a payment, please contact our support team before initiating a dispute with your payment provider. We are committed to resolving legitimate payment issues directly and promptly.

7. Content and Licenses

Our Services provide access to AI-generated images and related content ("Content"). This Content is protected by copyright, trademark, and other intellectual property laws.

By accessing our Services, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and view the Content for your personal, non-commercial use;
• Download images according to your subscription level or purchases;
• Use downloaded images in accordance with the specific license terms provided at the time of download.

You may not:

• Redistribute, sell, lease, license, or otherwise commercialize the Content;
• Copy, modify, or create derivative works of the Content except as explicitly permitted;
• Use the Content in any way that violates applicable laws or regulations;
• Remove any copyright, trademark, or other proprietary notices from the Content;
• Attempt to reverse engineer, decompile, or disassemble any part of our Services;
• Use the Content in a manner that suggests an association with our products, services, or brands.

AI Content Disclaimer
You acknowledge that the Content provided by SheerMuse is generated using artificial intelligence technology. Due to the nature of AI-generated works and current copyright laws, some Content may not qualify for copyright protection or exclusive ownership. SheerMuse grants you a license to use such Content as set forth in these Terms, but does not guarantee or warrant that you hold any intellectual property rights or exclusivity in the generated Content.

8. Adult Content Notice

SheerMuse contains images that may include adult content and nudity. By using our Services, you acknowledge that:

• You are at least 18 years of age or the age of legal majority in your jurisdiction;
• You are accessing this content voluntarily;
• You understand the adult nature of the Content available through our Services;
• You agree not to share or provide access to the Content to minors or individuals in jurisdictions where such Content is illegal.

International Access

The Services are operated from the United States and may not be available or appropriate in all jurisdictions. You are solely responsible for ensuring that your access and use of the Services, including adult content, complies with the laws and regulations applicable to your location. SheerMuse makes no representations that the Services are lawful or available for use in all locations.

9. User Conduct

You agree not to use our Services to:

• Violate any applicable laws, regulations, or third-party rights;
• Post, upload, or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Engage in any activity that interferes with or disrupts the Services (or the servers and networks connected to the Services);
• Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services;
• Use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Services;
• Collect or harvest any information about other users without their consent.

10. User Content

Our Services may allow you to post, upload, or submit content such as comments, feedback, or other materials ("User Content"). You retain all rights in, and are solely responsible for, the User Content you post.

By posting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and our business operations, including for promoting and redistributing part or all of the Services.

You represent and warrant that:

• You own or have the necessary rights to use and authorize us to use your User Content;
• Your User Content does not violate any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;
• Your User Content complies with these Terms and all applicable laws and regulations.

We may, but have no obligation to, monitor, edit, or remove User Content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates these Terms or applicable law.

11. Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others and expect our users to do the same. If you believe that material available on or through our Services infringes upon your copyright rights, please contact us with the following information:

• A physical or electronic signature of the copyright owner or authorized representative;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Services;
• Your contact information, including address, telephone number, and email;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;
• A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

12. Termination

We reserve the right to suspend or terminate your access to our Services, including any subscriptions, at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

You may cancel your account or subscription at any time through your account settings or by contacting us. Upon termination:

• Your right to access and use the Services will immediately cease;
• We may (but have no obligation to) delete or archive any content or data associated with your account;
• Any fees paid are non-refundable, unless otherwise required by applicable law;
• All provisions of these Terms which by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Disclaimer of Warranties

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

WE DO NOT WARRANT THAT:

• THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
• DEFECTS WILL BE CORRECTED;
• THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
• THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS.

WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SERVICES.

Due to the automated nature of AI models, Content generated may sometimes be inaccurate, incomplete, offensive, or otherwise unexpected. You acknowledge that you use the Services at your own risk and discretion and that SheerMuse assumes no liability for any such Content generated by the AI models used within the Services.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SHEERMUSE, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
• ANY CONTENT OBTAINED FROM THE SERVICES; AND
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

15. Indemnification

You agree to defend, indemnify, and hold harmless SheerMuse, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

16. Governing Law and Dispute Resolution

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the state of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.

YOU AGREE TO WAIVE ANY AND ALL OBJECTIONS TO THE EXERCISE OF JURISDICTION OVER YOU BY SUCH COURTS AND TO VENUE IN SUCH COURTS.

17. Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS under its rules. The arbitration shall take place in California unless otherwise agreed. You and SheerMuse waive any right to a jury trial or to participate in a class action lawsuit. Notwithstanding the foregoing, either party may bring an action in small claims court or seek injunctive or equitable relief in a court of competent jurisdiction.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of any material changes through the Services or by other means as we deem appropriate. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Services.

19. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by any court or other competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of the Terms will continue in full force and effect.

20. Entire Agreement

These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference herein constitute the sole and entire agreement between you and SheerMuse regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

21. Contact Information

Questions or comments about the Services or these Terms may be directed to us by emailing support@sheermuse.com.