Terms of Service

1. Service Description and Eligibility

1.1 Service Description

SoulMine provides an AI-powered platform offering image generation, image editing, and AI chat functionality (the "Service"). The Service operates on a paid subscription model with credit-based usage.

1.2 Eligibility Requirements

You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age, you must have parental or guardian consent. By using the Service, you represent and warrant that you meet these age requirements and are not prohibited from using the Service under applicable law.

1.3 Account Registration

To access the Service, you must create an account. You agree to: (i) provide accurate, current, and complete information during registration; (ii) maintain and promptly update your account information; (iii) maintain the security of your account credentials; and (iv) immediately notify us of any unauthorized access. You are responsible for all activities that occur under your account.

1.4 Account Ownership

You acknowledge and agree that you have no ownership or property interest in your account, and all rights in and to your account are owned by Gestalt Labs. You may not transfer, sell, or otherwise convey your account to any third party. We reserve the right to suspend or terminate any account at any time, for any reason or no reason, with or without notice, at our sole discretion.

1.5 Electronic Communications

By creating an account, you consent to receive electronic communications from us, including service announcements, administrative messages, policy updates, and promotional communications. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

2. Payment Processing

2.1 Third-Party Payment Processor

We use Polar.sh as our third-party payment processor. By making purchases through the Service, you agree to be bound by Polar.sh's Privacy Policy and Terms of Service. We do not directly store or process credit card information.

2.2 Payment Authorization

By providing payment information, you authorize us and our payment processor to charge your designated payment method for all fees due. You agree to maintain valid payment information and to have sufficient funds available upon placement of any order.

2.3 Taxes

All fees are exclusive of applicable taxes and duties, including VAT and sales taxes. You are responsible for payment of all such taxes, which will be calculated based on information available to our payment processor (such as billing address and payment information) and applicable tax laws at the time of purchase.

3. Subscriptions and Billing

3.1 Subscription Tiers

The Service offers multiple paid subscription tiers with varying monthly credit allocations. Current subscription plans and pricing are available at soulmine.app/plans.

3.2 Credit System

Credits are consumed based on Service usage. Credit costs for each action are displayed in the application before use. Credits expire at the end of your billing period and do not roll over to subsequent periods. Credits have no cash value and are non-transferable. We reserve the right to adjust credit costs for any action at any time without prior notice. Credits are automatically refunded if a charged action fails or produces no output due to a confirmed system error.

3.3 Automatic Renewal

Unless you cancel your subscription, it will automatically renew at the end of each billing period at our then-current subscription fee. By subscribing, you authorize us to charge your designated payment method at the beginning of each renewal period.

3.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to the Service through the end of the paid period. No partial refunds are provided for early cancellation.

3.5 Price Changes

We reserve the right to modify subscription prices or credit costs with fourteen (14) days' advance notice. Price changes will take effect at the start of your next billing period. Continued use of the Service after the effective date of price changes constitutes acceptance of the new pricing. If you do not agree to the new pricing, your sole remedy is to cancel your subscription before the next billing period.

3.6 Refunds

All fees are non-refundable except where required by applicable law. We may, at our sole and absolute discretion, issue credits or refunds for verified billing errors or duplicate charges. Service interruptions, outages, or degraded performance do not entitle you to any refund, credit, or other compensation. Account termination for any reason does not entitle you to a refund of any prepaid fees or unused credits.

4. Acceptable Use Policy

4.1 Prohibited Content

You shall not use the Service to generate, upload, or share any content that: (i) violates any applicable law or regulation; (ii) infringes upon intellectual property rights of any third party; (iii) contains child sexual abuse material (CSAM) or exploits minors in any manner; (iv) promotes violence, terrorism, hate speech, harassment, or threats; (v) violates privacy rights, confidentiality obligations, or impersonates others without authorization; (vi) is fraudulent, deceptive, or misleading; or (vii) contains malware, viruses, or other harmful code.

4.2 Technical Restrictions

You shall not: (i) reverse engineer, decompile, disassemble, or attempt to extract source code, model weights, or proprietary algorithms from the Service; (ii) use automated tools, scripts, or bots to scrape or mass-download content from the Service; (iii) bypass or attempt to circumvent security measures, rate limits, credit systems, or other protective mechanisms; (iv) use the Service or any outputs to develop, train, or improve competing AI models or services; (v) share account credentials or resell access to the Service; or (vi) overload, interfere with, or disrupt the proper functioning of the Service or related infrastructure.

4.3 Biometric Data and Consent

You shall not upload biometric data, biometric identifiers, or use the Service for facial recognition, re-identification, or surveillance purposes. If you upload images containing identifiable individuals, you represent and warrant that you have obtained all necessary consents and permissions from such individuals.

4.4 Enforcement

Violations of this Acceptable Use Policy, as determined by Gestalt Labs in its sole discretion, may result in: (i) immediate content removal without notice; (ii) temporary or permanent account suspension; (iii) permanent account termination without refund and forfeiture of all remaining credits; (iv) legal action and recovery of damages, costs, and attorneys' fees; (v) reporting to law enforcement authorities; and/or (vi) any other action we deem appropriate. We are under no obligation to provide notice or opportunity to cure before taking enforcement action.

5. Intellectual Property

5.1 Ownership of Generated Content

Subject to your compliance with this Agreement, you own the images and other content you generate or edit using the Service ("Your Content"). This ownership is subject to the license granted to us in Section 5.2 below. You acknowledge that: (i) AI-generated outputs may be similar or identical to content generated for other users using similar inputs; (ii) outputs may not be unique; and (iii) the extent to which AI-generated content is protectable under intellectual property law varies by jurisdiction and circumstance.

5.2 License to Gestalt Labs

By using the Service, you grant Gestalt Labs a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to: (i) process your inputs and prompts through AI models and third-party services as necessary to deliver functionality; (ii) store, reproduce, display, and distribute Your Content as necessary to provide and promote the Service; (iii) create thumbnails, optimized versions, and derivative works for performance, caching, and delivery purposes; (iv) use aggregated, anonymized, or de-identified data derived from your usage, inputs, outputs, and patterns to improve, develop, and enhance the Service and our business operations, including AI model selection, performance benchmarking, and feature development; and (v) feature Your Content in showcase galleries, marketing materials, social media, and promotional contexts, provided that we will not attribute such content to you without your express consent. This license survives termination of your account with respect to any anonymized or aggregated data and any content you have made publicly available.

5.3 Feedback and Suggestions

Any feedback, suggestions, ideas, feature requests, or other submissions you provide regarding the Service ("Feedback") are hereby irrevocably assigned to Gestalt Labs. You agree that Gestalt Labs shall own all rights, title, and interest in such Feedback and may use it for any purpose without restriction, attribution, or compensation to you.

5.4 Platform Rights

Gestalt Labs and its licensors own all rights, title, and interest in and to the Service, including but not limited to: (i) the platform, software, and technology; (ii) proprietary preset prompts and algorithms; (iii) trademarks, service marks, logos, and branding; and (iv) user interface designs and functionality.

5.5 Content Privacy

Your Content is private by default. You may choose to explicitly share certain content at your discretion. The Service does not include a public content browsing feature. Content stored in your library remains private unless you choose to share it.

6. Third-Party Services

6.1 AI Providers and Service Partners

The Service integrates with third-party AI providers to deliver core functionality. When you use the Service, your prompts and images are processed by these providers. We use enterprise or commercial API tiers where available, which include contractual restrictions on data use and model training. We also use third-party service providers for payment processing, hosting, and other infrastructure. A current list is available upon request.

6.2 Third-Party Responsibility

We are not responsible for the actions, policies, or practices of third-party service providers. Each provider operates under its own terms of service and privacy policy. Your use of third-party services is governed by their respective terms and policies.

7. Service Modifications and Availability

7.1 Service Updates

We reserve the right to modify, update, suspend, or discontinue any aspect of the Service at any time, with or without notice, including but not limited to features, AI models, pricing, credit costs, and availability. We have no obligation to maintain, support, or update any particular feature or functionality. Material changes to core paid features will be communicated where practicable, but failure to provide notice shall not affect the validity of any change.

7.2 Technical Limitations

We may impose or adjust technical limitations including but not limited to rate limits, file size restrictions, request throttling, and feature availability to ensure service stability and fair usage.

7.3 Beta Features

Certain features may be designated as "Beta" or "Experimental." Such features are provided as-is without warranties and may be modified or discontinued without notice.

8. Disclaimers and Limitation of Liability

8.1 Disclaimer of Warranties

8.2 AI Output Disclaimer

You acknowledge that AI-generated content may contain inaccuracies, biases, errors, or offensive material. You are solely responsible for verifying the accuracy, legality, and appropriateness of all AI outputs before use, and for ensuring compliance with applicable laws and third-party rights.

8.3 Limitation of Liability

8.4 Indemnification

You agree to indemnify, defend, and hold harmless Gestalt Labs and its officers, directors, members, managers, employees, agents, contractors, successors, assigns, and affiliates from and against any and all claims, liabilities, damages, judgments, losses, costs, or expenses (including reasonable attorneys' fees, court costs, and expert witness fees) arising from or relating to: (i) your use or misuse of the Service; (ii) Your Content, including any claim that Your Content infringes or violates any third-party rights; (iii) your violation of this Agreement or any applicable law; (iv) your violation of any third-party rights, including intellectual property, privacy, or publicity rights; (v) any unauthorized use of your account; (vi) any dispute between you and any third party relating to the Service; or (vii) your failure to obtain required consents from individuals depicted in uploaded content. This indemnification obligation survives termination of this Agreement and your use of the Service.

9. Dispute Resolution

9.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict of law principles, except where mandatory consumer protection laws in your jurisdiction provide otherwise.

9.2 Informal Resolution

Before initiating arbitration or litigation, you agree to contact us at [email protected] to attempt to resolve any dispute informally.

9.3 Arbitration Agreement

To the extent permitted by applicable law, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in Sheridan, Wyoming or remotely as mutually agreed. This arbitration provision does not affect any mandatory consumer rights you may have under the laws of your jurisdiction, including the right to bring proceedings in local courts where such rights cannot be waived.

9.4 Class Action Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY REPRESENTATIVE PROCEEDING, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW.

9.5 Jury Trial Waiver

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE YOUR RIGHT TO A JURY TRIAL.

9.6 Exceptions

This arbitration agreement does not apply to: (i) small claims court proceedings within jurisdictional limits; (ii) intellectual property disputes; (iii) claims for injunctive relief; or (iv) disputes where applicable law prohibits mandatory arbitration for consumers.

9.7 European Economic Area and UK Users

If you are located in the European Economic Area or United Kingdom, this arbitration agreement and class action waiver do not affect your statutory rights as a consumer to bring proceedings in your local courts or to have disputes resolved in accordance with mandatory consumer protection laws.

9.8 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to [email protected] within fifteen (15) days of account creation, with the subject line "Arbitration Opt-Out" and including your full legal name, email address associated with your account, and a clear statement that you wish to opt out. Failure to comply with all requirements of this section renders the opt-out request invalid.

10. General Provisions

10.1 Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Gestalt Labs and supersedes all prior agreements, understandings, and communications regarding the subject matter herein.

10.2 Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

10.3 Assignment

You may not assign, transfer, or delegate this Agreement or your rights hereunder without our prior written consent. We may assign this Agreement to any affiliate or in connection with a merger, acquisition, or sale of assets without restriction.

10.4 Waiver

No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver.

10.5 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, pandemics, epidemics, natural disasters, internet or telecommunications failures, third-party service or API outages, power failures, government actions or restrictions, sanctions, embargoes, labor disputes, supply chain disruptions, cyberattacks, AI model provider changes or discontinuations, regulatory changes, or any other event beyond our reasonable control.

10.6 Amendment

We reserve the right to modify this Agreement at any time at our sole discretion. We will make reasonable efforts to provide notice of material changes via email, in-app notification, or by posting the updated terms on the Service at least seven (7) days prior to the effective date. Your continued use of the Service after the effective date constitutes irrevocable acceptance of the modified Agreement. If you do not agree to any modification, your sole remedy is to discontinue use of the Service and delete your account before the effective date. Non-material changes, including clarifications and formatting updates, may be made at any time without notice.

11. Termination

11.1 Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including but not limited to a breach of this Agreement, suspected fraudulent activity, prolonged inactivity, or at our sole discretion for business reasons.

11.2 Effect of Termination

Upon termination: (i) all rights and licenses granted to you shall immediately cease; (ii) you must immediately discontinue all use of the Service; (iii) any outstanding fees or obligations remain due and payable; (iv) unused credits are forfeited with no refund; and (v) we may delete Your Content after thirty (30) days following termination, with no obligation to retain, provide, or return any data. We shall have no liability to you or any third party for termination of your account.

11.3 Survival

The following provisions survive termination of this Agreement: Sections 2 (Payment Processing), 3.6 (Refunds), 4 (Acceptable Use Policy), 5 (Intellectual Property), 8 (Disclaimers and Limitation of Liability), 9 (Dispute Resolution), 10 (General Provisions), and this Section 11, along with any other provisions that by their nature are intended to survive termination.

12. Contact Information