1. Acceptance of Terms
By accessing or using THUMBEAST ("the Service"), operated at thumbeast.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
These Terms constitute a legally binding agreement between you and THUMBEAST. We may update these Terms at any time. Continued use of the Service after changes constitutes acceptance.
2. Description of Service
THUMBEAST is an AI-powered thumbnail generation platform designed for YouTube creators. The Service allows you to:
- Generate thumbnails using AI image generation models
- Upload face photographs for face-consistent generation
- Upload objects and backgrounds as reference images
- Edit, upscale, and export generated thumbnails
- Manage a gallery of generated content
3. Account Registration
To use THUMBEAST, you must create an account. You agree to:
- Provide accurate and complete information
- Maintain the security of your account credentials
- Accept responsibility for all activity under your account
- Notify us immediately of unauthorized access
You must be at least 16 years old to create an account and use the Service.
4. Subscriptions and Payments
4.1 Plans and Pricing
THUMBEAST offers subscription plans with different credit allocations. Current pricing is available on our Billing page. Prices are in USD and may be updated with 30 days' notice.
4.2 Free Credits on Signup
New users receive a one-time grant of free credits on signup so they can try the product before paying. There is no automatic conversion to a paid plan. To upgrade, you must explicitly choose and subscribe to a plan.
4.3 Billing
Subscriptions are billed in advance on a monthly or annual basis through Stripe. You authorize us to charge your payment method at the start of each billing cycle.
4.4 Credits
Each plan includes a monthly credit allocation. Credits are used when generating, editing, upscaling, or removing backgrounds from thumbnails. Unused credits do not roll over to the next billing cycle.
4.5 Refunds
If you are unsatisfied within the first 14 days of a paid subscription, contact us at contact@thumbeast.com for a full refund. After 14 days, refunds are provided at our discretion. Credits consumed during the refund period will be deducted from the refund amount on a pro-rata basis.
4.6 Cancellation
You may cancel your subscription at any time through the Billing page or by contacting support. Upon cancellation, you retain access to paid features until the end of your current billing period. After that, your account reverts to a free tier with limited functionality.
5. Acceptable Use
You agree NOT to use THUMBEAST to:
- Generate, upload, or distribute content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
- Create non-consensual intimate imagery (NCII) or deepfakes of real individuals without their explicit consent
- Upload NSFW, sexually explicit, or pornographic content
- Generate content that promotes violence, discrimination, or hatred against individuals or groups
- Impersonate other individuals in a deceptive or harmful manner
- Circumvent rate limits, abuse the API, or use automated tools to scrape or overload the Service
- Reverse-engineer, decompile, or attempt to extract the source code of the Service
- Resell, redistribute, or white-label the Service without written authorization
- Violate any applicable laws or regulations
We enforce NSFW content detection on uploads. Violations of this policy may result in immediate account termination without refund.
6. Intellectual Property
6.1 Your Content
You retain ownership of images you upload to THUMBEAST (face photographs, objects, backgrounds). By uploading content, you grant us a limited, non-exclusive license to process, store, and transmit it solely for the purpose of providing the Service.
6.2 Generated Content
Thumbnails generated through THUMBEAST are yours to use for any lawful purpose, including commercial use (e.g., YouTube thumbnails, social media, marketing). You receive full commercial rights to all generated content under your paid subscription.
Note: AI-generated content may not be eligible for copyright protection in all jurisdictions. We make no guarantees regarding the copyrightability of generated images.
6.3 Our Intellectual Property
The THUMBEAST name, logo, website design, AI models, proprietary algorithms, and all related intellectual property remain the exclusive property of THUMBEAST. Nothing in these Terms grants you rights to our brand or technology beyond using the Service as intended.
7. AI-Generated Content Disclaimer
THUMBEAST uses third-party AI models to generate images. You acknowledge that:
- AI outputs may be unpredictable and may not always match your expectations
- Generated images may occasionally contain artifacts, errors, or unintended content
- We do not guarantee that generated content will be unique or free from similarity to existing works
- You are solely responsible for reviewing generated content before publishing or distributing it
8. Limitation of Liability
To the maximum extent permitted by law, THUMBEAST is provided "as is" and "as available" without warranties of any kind, whether express or implied.
We are not liable for:
- Indirect, incidental, special, consequential, or punitive damages
- Loss of profits, data, or business opportunities
- Service interruptions, downtime, or data loss
- Content generated by AI models, including any claims arising from its use
Our total liability for any claim arising from these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.
9. Indemnification
You agree to indemnify and hold harmless THUMBEAST and its officers, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your content, or your violation of these Terms.
10. Account Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms, including but not limited to:
- Uploading prohibited content
- Abusing the Service or circumventing limits
- Non-payment of subscription fees
- Any illegal activity
You may delete your account at any time through the Settings page. Upon deletion, your data will be permanently removed within 30 days in accordance with our Privacy Policy.
11. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We will make reasonable efforts to notify users of planned downtime.
12. Governing Law
These Terms are governed by and construed in accordance with the laws of the European Union and the applicable laws of the jurisdiction where THUMBEAST operates. Any disputes shall be resolved through good-faith negotiation first, and if unsuccessful, through binding arbitration.
13. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
14. Contact Us
For questions about these Terms of Service, contact us at contact@thumbeast.com.