Terms of Service

1. Service Description and Eligibility

1.1 Service Description

Soulmine offers AI photo creation, editing, and chat through paid subscriptions and usage credits.

1.2 Eligibility Requirements

You must be at least 18 years old and legally permitted to use the Service. By using it, you confirm that you meet these requirements.

1.3 Account Registration

Provide accurate account information, keep it up to date, and protect your credentials. Notify us of unauthorized access. You are responsible for activity on your account.

1.4 Account Ownership

Your account is personal and may not be shared, sold, or transferred. Suspension and termination follow Section 11.

1.5 Electronic Communications

We send essential account, billing, security, and service notices. Account creation does not subscribe you to promotions. Promotional emails require consent where applicable and include an unsubscribe option; unsubscribing does not stop essential notices.

2. Payment Processing

2.1 Merchant of Record

Polar.sh is the Merchant of Record for subscriptions and credit purchases. Purchases are subject to its Terms of Service and Privacy Policy. We do not directly store or process credit card information.

2.2 Payment Authorization

You authorize charges to your chosen payment method for fees due and agree to keep that method valid.

2.3 Taxes

Our Merchant of Record calculates and collects applicable taxes, including VAT, using checkout information and applicable law. You remain responsible for taxes due but not collected at checkout.

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

Costs are shown before use. Monthly subscription credits reset at renewal and do not roll over. Purchased packs survive renewals, plan changes, and cancellation; an active subscription is required to spend them. Monthly credits are spent first. Credits have no cash value and cannot be transferred, subject to the refund rights in Sections 3.6 and 11.2. Cost changes follow Section 3.5. We restore credits for actions that fail or produce no output because of a confirmed system error; completed stages of a multi-stage action may still consume their displayed cost.

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 through your account settings. Cancellation takes effect at the end of your paid billing period, and access continues until then. Refunds are governed by Section 3.6.

3.5 Price Changes

We give at least 14 days’ notice of subscription-price or credit-cost increases by email or an in-app notice. For existing subscribers, increases take effect no earlier than the first renewal after that notice period. Submitted actions are not repriced. We obtain affirmative agreement where required by law. You may cancel before an increase takes effect. Decreases and new optional features may be introduced sooner, with prices shown before purchase or use.

3.6 Refunds

Contact [email protected] about billing errors or undelivered paid service. We investigate verified duplicate or incorrect charges and arrange correction or refunds through our Merchant of Record. Technical delivery problems are addressed with restoration or an appropriate refund. Ordinary cancellation does not entitle you to refunds for elapsed service or consumed credits. Personal dissatisfaction with a successfully delivered AI result does not alone guarantee a refund. Mandatory consumer rights remain unaffected. Section 11.2 covers termination without cause.

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

If you upload images containing identifiable individuals, you represent and warrant that you have obtained all necessary consents and permissions from those individuals. You shall not use the Service to build biometric templates or faceprints, or to perform facial recognition, biometric identification, re-identification, or surveillance of any individual.

4.4 Enforcement

We may remove content or restrict access for violations under Section 11, report unlawful activity to authorities, and pursue lawful remedies for misuse.

5. Intellectual Property

5.1 Ownership of Generated Content

Subject to these Terms, you own the content you create or edit using the Service (Your Content), subject to Section 5.2. AI outputs may resemble other users’ outputs or be non- unique. Intellectual-property protection varies by jurisdiction and circumstance.

5.2 License to Gestalt Labs

You grant us a non-exclusive, worldwide, royalty-free license to process, store, reproduce, and display Your Content only to provide requested features, support, security, and legal compliance. Service providers may perform these tasks under appropriate data-use restrictions. The license lasts only as long as needed for these purposes and retention described in our Privacy Policy.

We do not train AI models on Your Content or use it for marketing. Product improvement uses anonymous operational statistics; separate research or evaluation using private content requires your permission. Browser-extension information remains subject to the narrower Chrome Web Store Limited Use restrictions in Section 2.5 of our Privacy Policy.

5.3 Feedback and Suggestions

You retain your rights in voluntary feedback and permit us to use it to improve our products without payment or attribution. This does not expand our rights to private content under Section 5.2.

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 to your account. We do not publish it or offer public content browsing or sharing.

6. Third-Party Services

6.1 AI Providers and Service Partners

AI providers process your prompts and photos for requested features. We use commercial or enterprise APIs where available, with contractual data-use and training restrictions. Other providers handle payments, hosting, and infrastructure. Recipient details are available on 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 may change or discontinue features, models, and availability subject to Sections 3.5 and 11. We are not required to maintain any specific feature. We communicate material changes to core paid features in advance where reasonably possible; notice, refund, and mandatory consumer rights remain unaffected.

7.2 Technical Limitations

We may set usage, file-size, rate, and access limits to maintain stability and prevent abuse.

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 are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, conflict, government action, infrastructure or provider outages, cyberattacks, and labor disruptions.

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 suspend or terminate access for material breaches, non-payment, suspected fraud or unlawful activity, serious abuse, security risks, or legal requirements. Correctable breaches normally receive an explanation and 10 days to resolve. We may act immediately where delay creates risk. We explain decisions where lawful and safe; reviews may be requested at [email protected]. Closure for business reasons unrelated to your conduct normally receives 30 days’ notice, subject to Section 11.2.

11.2 Effect of Termination

Termination ends your right to access the Service, but does not take away rights you already hold in Your Content. Amounts properly owed for service already supplied remain payable. Where legally permitted and reasonably safe, we will provide a reasonable opportunity to retrieve your content before account closure. Retention and deletion are governed by our Privacy Policy. If we end service without cause, we will arrange a pro-rata refund of prepaid subscription fees for the unused paid period and a refund of the purchase price attributable to unused purchased credits. Suspension while an issue is investigated does not itself forfeit purchased credits. For termination caused by your material breach or unlawful use, refunds are limited to those required by law. These provisions do not limit mandatory consumer or privacy rights.

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