Terms of Service

Last updated: January 27, 2025

Please Read Carefully

These Terms of Service (“Terms”) constitute a legally binding agreement between you and Crystal Upscaler. By accessing or using our services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing our website, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must immediately cease using our services. We reserve the right to modify these Terms at any time, and your continued use of our services constitutes acceptance of any changes.

You must be at least 13 years old to use our services. If you are under 18, you must have parental or guardian consent.

2. Service Description

Crystal Upscaler is an AI-powered image upscaling service that enhances low-resolution images to high-definition quality. Our service includes:

  • AI-powered image upscaling with multiple scale factors (2x, 4x, 8x)
  • Credit-based system for processing images
  • Subscription plans with monthly credit allocations
  • Web-based interface for image upload and download

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice. We are not liable for any modification, suspension, or discontinuation of the service.

3. Account Registration and Security

3.1 Account Creation

To use our services, you must create an account and provide accurate, complete, and current information. You agree to:

  • Provide accurate and truthful information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access or security breach

3.2 Account Responsibility

You are solely responsible for all activities that occur under your account. You may not share, transfer, or sell your account to any third party. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription and Payment Terms

4.1 Subscription Plans

We offer multiple subscription tiers (Basic, Premium, Pro) with different credit allocations:

  • Credits are allocated monthly and do not roll over
  • All plans provide access to all upscale factors (2x, 4x, 8x)
  • Monthly and annual billing options are available
  • Annual plans are billed upfront for the entire year

4.2 Billing and Payment

  • Subscription fees are billed in advance on a recurring basis
  • All payments are processed securely through third-party payment processors
  • You authorize us to charge your payment method for all fees incurred
  • Prices are subject to change with 30 days' notice
  • All fees are non-refundable except as required by law

4.3 Cancellation

You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of the current billing period. You will retain access to your credits until the end of the paid period. No refunds will be provided for partial months or unused credits.

4.4 Failed Payments

If a payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend or terminate your access to the service. You remain responsible for any uncollected amounts.

5. Usage License and Restrictions

5.1 License Grant

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our services for your personal or commercial use.

5.2 Usage Restrictions

You agree NOT to:

  • Use the service for any illegal or unauthorized purpose
  • Attempt to reverse engineer, decompile, or hack the service
  • Use automated systems (bots, scrapers) without permission
  • Share your account credentials with others
  • Resell or redistribute our services without authorization
  • Upload content that violates intellectual property rights
  • Attempt to overwhelm or disrupt our systems
  • Use the service to create content that is illegal, harmful, or offensive

6. User Content and Intellectual Property

6.1 Your Content

You retain all ownership rights to the images you upload (“Your Content”). By uploading content to our service, you grant us a limited license to process, store, and display your content solely for the purpose of providing our services.

6.2 Content Responsibility

You represent and warrant that:

  • You own or have the necessary rights to the content you upload
  • Your content does not infringe on any third-party rights
  • Your content does not violate any laws or regulations
  • Your content does not contain malware or harmful code

6.3 Generated Content

Upscaled images generated by our AI remain your property. You may use the generated images for both personal and commercial purposes.

6.4 Our Intellectual Property

All rights, title, and interest in our service, including our website, software, algorithms, and branding, are owned by Crystal Upscaler. You may not use our intellectual property without our express written permission.

7. Prohibited Conduct

You may not use our service to upload, process, or create content that:

  • Infringes on intellectual property rights or violates privacy rights
  • Contains illegal, harmful, threatening, abusive, or defamatory material
  • Depicts or promotes violence, terrorism, or illegal activities
  • Contains sexually explicit or pornographic material involving minors
  • Violates any applicable laws or regulations
  • Contains viruses, malware, or other malicious code
  • Impersonates others or misrepresents your affiliation
  • Spams or harasses other users or third parties

Violation of these prohibitions may result in immediate account termination and potential legal action.

8. Disclaimers and Warranties

IMPORTANT DISCLAIMER

OUR SERVICES ARE 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, OR NON-INFRINGEMENT.

We do not warrant that:

  • Our services will be uninterrupted, timely, secure, or error-free
  • The results obtained from our services will be accurate or reliable
  • Any errors in our services will be corrected
  • Our servers or systems are free from viruses or harmful components

AI-generated results may vary in quality and accuracy. We make no guarantees about the quality or suitability of upscaled images for any particular purpose. You use our services at your own risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL CRYSTAL UPSCALER, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS 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, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Crystal Upscaler, its affiliates, and their respective directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising out of or related to:

  • Your use or misuse of our services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your content or any content uploaded through your account

11. Termination

11.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or contacting our support team. Termination will be effective at the end of your current billing period.

11.2 Termination by Us

We reserve the right to suspend or terminate your account and access to our services immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms
  • Fraudulent, abusive, or illegal activity
  • Failure to pay fees owed
  • At our sole discretion if we believe termination is necessary

11.3 Effect of Termination

Upon termination, your right to use our services will immediately cease. We will delete your account data and uploaded content within 30 days of termination, except as required for legal compliance or legitimate business purposes. No refunds will be provided for any prepaid fees.

12. Dispute Resolution and Governing Law

12.1 Informal Resolution

If you have a dispute with us, you agree to first contact us at support@example.com and attempt to resolve the dispute informally. We will work with you in good faith to reach a resolution.

12.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Crystal Upscaler operates, without regard to its conflict of law provisions.

12.3 Arbitration

Any dispute arising from or relating to these Terms or our services that cannot be resolved informally shall be resolved through binding arbitration, except where prohibited by law. You waive your right to a jury trial or to participate in a class action lawsuit.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Crystal Upscaler regarding our services.

13.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer our rights and obligations without restriction.

13.5 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through our website. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

14. Contact Information

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

Crystal Upscaler Legal Team

Email: legal@example.com

Support: support@example.com

Website: https://example.com

By using Crystal Upscaler, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.