Dreamsmith
UGen

Terms of Service

Last Updated: December 18, 2025

Acceptance of Terms

By accessing or using UGen ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App. We reserve the right to modify these Terms at any time, and continued use constitutes acceptance of changes.

1. Description of Service

UGen provides AI-powered image generation services for creating themed content. The service includes:

  • AI image and video generation using artificial intelligence
  • Image gallery and storage
  • Subscription-based access to premium features
  • Credit-based usage system

We reserve the right to modify, suspend, or discontinue any aspect of the service at any time without notice.

2. User Accounts

To use certain features, you must create an account using Apple Sign-In or Google Sign-In. You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Notify us immediately of unauthorized access
  • Be responsible for all activities under your account
  • Not share your account with others

We reserve the right to suspend or terminate accounts that violate these Terms.

3. Subscription Terms

Premium features require a paid subscription processed through the Apple App Store or your device's platform store:

  • Subscriptions auto-renew unless cancelled 24 hours before the renewal date
  • You will be charged through your App Store account
  • Subscription fees are non-refundable except as required by law
  • Credits are allocated monthly and do not roll over
  • Subscription benefits are for your personal, non-commercial use only
  • We may change subscription prices with 30 days notice

Cancellation:

  • You may cancel anytime through your App Store settings
  • Cancellation takes effect at the end of the current billing period
  • No partial refunds for unused portions of a subscription period

4. Credit System

  • Credits are virtual currency used to generate images
  • Credits have no monetary value and cannot be exchanged for cash
  • Unused credits expire per the subscription terms
  • Credit allocation may change with notice
  • We are not liable for unused or expired credits
  • Credits are non-transferable

5. Acceptable Use Policy

You agree NOT to use the App to create, upload, or share content that:

  • Is illegal, harmful, threatening, abusive, or hateful
  • Infringes on intellectual property rights
  • Contains nudity, pornography, or sexually explicit material
  • Promotes violence, terrorism, or dangerous activities
  • Impersonates others or misrepresents your identity
  • Contains malware, viruses, or harmful code
  • Violates privacy or publicity rights of others
  • Is defamatory, fraudulent, or misleading
  • Targets or harasses individuals or groups
  • Violates any applicable laws or regulations

Violation of this policy may result in immediate account termination and legal action.

6. Intellectual Property

App Ownership:

  • The App, including all content, features, and functionality, is owned by UGen
  • Our trademarks, logos, and service marks are our property
  • You may not copy, modify, or create derivative works without permission

Your Content:

  • You retain ownership of images you create
  • By using the App, you grant us a license to process and store your content
  • You represent that you have rights to any prompts or inputs you provide
  • You are responsible for ensuring your use complies with third-party rights

AI-Generated Content:

  • Images are generated by AI based on your prompts
  • Quality and accuracy are not guaranteed
  • Generated images may not be unique to you
  • We make no warranties about intellectual property rights in generated content
  • You are responsible for determining if generated content infringes third-party rights

7. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties of non-infringement
  • Warranties regarding accuracy, reliability, or availability
  • Warranties that the service will be uninterrupted or error-free

We do not warrant that:

  • The App will meet your requirements
  • AI-generated images will be accurate, appropriate, or usable
  • Defects will be corrected
  • The App is free from viruses or harmful components

USE AT YOUR OWN RISK.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UGEN AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or use
  • Business interruption
  • Damages arising from your use or inability to use the App
  • Damages arising from content generated by the AI
  • Damages from unauthorized access to your account

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is less.

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

9. Indemnification

You agree to indemnify, defend, and hold harmless UGen and its affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your violation of any rights of third parties
  • Content you create or share using the App
  • Your breach of any representations or warranties

10. Content Moderation

We reserve the right, but have no obligation, to:

  • Monitor content created through the App
  • Remove or refuse to display content that violates these Terms
  • Terminate accounts that violate our policies
  • Report illegal activity to authorities
  • Cooperate with law enforcement

We are not responsible for user-generated content and do not endorse any content.

11. Third-Party Services

The App uses third-party services including Firebase, RevenueCat, and AI providers. Your use is also subject to their terms of service. We are not responsible for third-party services or their failures.

12. Privacy

Your use of the App is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

13. Age Requirements

You must be at least 13 years old to use the App. If you are under 18, you must have parental consent. By using the App, you represent that you meet these requirements.

14. Termination

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

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • At our sole discretion for any reason

Upon termination:

  • Your right to use the App ceases immediately
  • Unused credits are forfeited
  • We may delete your account and content
  • Provisions regarding liability and indemnification survive

15. Dispute Resolution

Governing Law:
These Terms are governed by the laws of Arizona, United States, without regard to conflict of law provisions.

Arbitration:
Any disputes shall be resolved through binding arbitration on an individual basis, not as a class action. You waive your right to a jury trial.

Exceptions:
Either party may seek injunctive relief in court for intellectual property or confidentiality breaches.

16. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and us
  • Severability: If any provision is invalid, the remainder remains in effect
  • Waiver: Our failure to enforce any right does not waive that right
  • Assignment: You may not assign these Terms; we may assign to affiliates or successors
  • No Agency: These Terms do not create a partnership or agency relationship
  • Force Majeure: We are not liable for delays due to circumstances beyond our control

17. Export Controls

You agree to comply with all export and import laws. You may not use the App in countries subject to U.S. embargoes or sanctions.

18. Changes to Service

We reserve the right to:

  • Modify features, pricing, or availability
  • Discontinue the App entirely
  • Change credit allocations or subscription benefits

We will provide reasonable notice of material changes when possible, but are not obligated to do so.

19. Contact Information

For questions about these Terms:

Email: hello@dreamsmith.xyz

20. Acknowledgment

BY USING UGEN, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

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