Terms of Service

Last updated: May 22, 2025

Agreement to Terms

These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ('you') and NailDesignsMaker ('we', 'us', or 'our'), concerning your access to and use of the NailDesignsMaker website and services. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service.

1. Account Registration

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

2. Service Usage

2.1 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal (or internal business, for Pro users) purposes.

2.2 Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. Prohibited activities include: systematically retrieving data to create a database; using the Site to advertise or offer to sell goods and services; circumventing, disabling, or interfering with security-related features; and using the Service for any illegal or unauthorized purpose.

2.3 AI Generation Services

Our Service utilizes simple AI models (including Cloud Service) to generate content. You acknowledge that AI generation may produce unpredictable results and we do not guarantee the uniqueness or quality of the generated designs. You agree not to use the AI generation features to create content that is offensive, illegal, or infringes on the rights of others.

3. Intellectual Property Rights

3.1 Our Intellectual Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of NailDesignsMaker and its licensors. The Service is protected by copyright, trademark, and other laws.

3.2 User Content

You retain any intellectual property rights that you hold in that content (prompts, uploaded images). By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute it in any and all media for the purpose of operating and improving the Service.

3.3 Generated Content Ownership

Subject to your compliance with these Terms, you own the rights to the images generated by you using the Service. However, due to the nature of AI generation, similar or identical generations may occur for other users, and you do not hold exclusive rights to the underlying AI models or algorithms.

4. Payments and Credits

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. All payments are processed securely via Stripe. We do not store your full credit card information. Credits purchased or allocated are non-refundable and non-transferable.

5. Termination

5.1 Termination by You

You may terminate your account at any time by following the instructions on the Site or contacting us. Upon termination, your right to use the Service will immediately cease.

5.2 Termination by Us

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

6. Third-Party Services

The Service may contain links to third-party web sites or services that are not owned or controlled by NailDesignsMaker (e.g., Stripe, Cloudflare). We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services.

7. Disclaimer of Warranties

The Service is provided on an 'AS IS' and 'AS AVAILABLE' basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

8. Limitation of Liability

In no event shall NailDesignsMaker, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any 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 Service.

9. Indemnification

You agree to defend, indemnify, and hold harmless NailDesignsMaker and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which NailDesignsMaker is based, without regard to its conflict of law provisions.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

12. Contact Us

If you have any questions about these Terms, please contact us at support@naildesignsmaker.com.

13. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

14. Entire Agreement

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.