Terms of Service

1. Introduction

Thumly.co is an AI-powered thumbnail generation platform. By accessing or using our Service, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, you may not use the Service.

The Service is operated from Poland and is intended for global use. Our website is available at https://thumly.co.

2. Eligibility

You must be at least 16 years old to use the Service.

If you are under the age of majority in your jurisdiction, you must have permission from a parent or legal guardian to use the Service.

3. Description of Service & AI Credits

Thumly generates thumbnails based on user prompts and uploaded images using AI technology.

• Credits are required for generation features.
• Credits are non-transferable and have no cash value.
• Credits are non-refundable.
• Unused monthly credits do not roll over to the next billing cycle, unless stated otherwise in a specific plan.

4. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Thumly may suspend or terminate accounts at its discretion for violations of these Terms.

5. Payments, Billing & Subscriptions

• Payments are processed through Lemon Squeezy.
• Auto-Renewal: Subscriptions renew automatically unless canceled before the end of the current billing cycle.
• Refunds: All sales are final. Refunds are granted solely at Thumly's discretion in exceptional circumstances.

6. Lifetime Deals

• Lifetime plans are non-refundable.
• Subject to fair usage limits and platform availability.

7. AI Disclaimer & Compliance

• Thumly uses third-party AI models, including Google services.
• There is no guarantee of accuracy, originality, or non-infringement of generated content.
• AI Labeling: Thumly may apply digital watermarks or metadata (e.g., C2PA) in compliance with the EU AI Act. Users agree not to remove or tamper with these identifiers.
• Output Similarity: Different users may receive similar outputs for similar prompts. Uniqueness of generated content is not guaranteed.

8. User Content & Generated Content License

• You must own the rights to any content you upload to the platform.
• Commercial use of generated thumbnails is permitted.
• Promotional Rights: Thumly receives a non-exclusive license to use generated content for marketing and AI model improvement, unless the user is on a "Private Mode" paid plan.

9. Prohibited Use

The following uses of the Service are strictly prohibited:

• Creating deepfake content impersonating real individuals.
• Generating unlawful, NSFW, or political material subject to API restrictions.
• Reverse engineering the platform or its underlying technology.
• Creating or distributing misinformation or deceptive content.

10. Intellectual Property

All platform software, branding, and infrastructure are Thumly's exclusive property and are protected by applicable intellectual property laws.

11. Third-Party Services

Thumly is not liable for downtime or restrictions caused by third-party providers, including API outages or service disruptions.

12. Data Protection & GDPR

Data is processed in accordance with the General Data Protection Regulation (GDPR).

EU users have the right to access, rectification, and erasure of their personal data. For details, see our Privacy Policy.

13. Limitation of Liability & Indemnification

• Liability cap: Thumly's total liability is limited to the amount paid by the user in the previous 12 months.
• Users agree to indemnify Thumly from any claims arising from misuse of the Service.

14. Dispute Resolution

Before filing any legal claims, users must attempt informal resolution by contacting us at contact@thumly.co.

Thumly has 30 days to respond before further action may be taken.

15. Governing Law & Termination

• These Terms are governed by the laws of Poland.
• Accounts may be terminated for breach of Terms, fraud, or chargeback activity.

16. Changes to Terms

We may update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the updated Terms.