Terms of Service

Last updated: January 25, 2026

1. Acceptance of Terms

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

2. Description of Service

ProtoShop is an AI-powered content creation platform that provides tools for generating images, videos, audio, text, and other digital media. Our Service utilizes third-party artificial intelligence APIs and services to deliver content generation capabilities. We act as an integrator and interface provider; the underlying AI models and generation technologies are operated by third-party providers.

3. Prohibited Uses - STRICTLY ENFORCED

The following activities are STRICTLY PROHIBITED and will result in immediate account termination, content removal, and potential legal action:

  • Piracy & Copyright Infringement: Creating, distributing, or facilitating the distribution of pirated content, including but not limited to unauthorized reproductions of copyrighted music, videos, images, or other protected works.
  • Trademark Violations: Generating content that infringes on trademarks, trade dress, or brand identities without authorization.
  • Illegal Content: Creating any content that violates local, state, national, or international laws, including but not limited to child sexual abuse material (CSAM), terrorism-related content, or content promoting violence.
  • Non-Consensual Intimate Imagery: Generating deepfakes, synthetic intimate imagery, or any content depicting real individuals without their explicit consent.
  • Fraud & Deception: Creating content intended to defraud, deceive, or mislead others, including fake news, disinformation, or impersonation for malicious purposes.
  • Harassment & Hate Speech: Generating content that harasses, threatens, or promotes hatred against individuals or groups based on protected characteristics.
  • Malware & Security Threats: Using the Service to create or distribute malware, phishing content, or other security threats.
  • Circumvention: Attempting to bypass content filters, safety mechanisms, or usage restrictions.

We actively monitor for violations and cooperate fully with law enforcement agencies. Violations may be reported to relevant authorities, and we reserve the right to preserve and disclose any information necessary to comply with legal obligations or protect our rights and the safety of others.

4. Content Ownership & Licenses

4.1 Your Content

You retain ownership of content you upload to ProtoShop ("Input Content"). By uploading content, you grant us a limited license to process, store, and display your content solely for the purpose of providing the Service.

4.2 Generated Content

Subject to these Terms and applicable third-party provider terms, you may use AI-generated content ("Output Content") for personal and commercial purposes. However, you acknowledge that:

  • AI-generated content may be subject to limitations under the terms of our third-party AI providers.
  • You are solely responsible for ensuring your use of Output Content complies with all applicable laws.
  • Similar outputs may be generated for other users given similar inputs.
  • We make no guarantees regarding the uniqueness or exclusivity of any generated content.

4.3 Responsibility

YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU CREATE, UPLOAD, OR GENERATE USING OUR SERVICE. You represent and warrant that you have all necessary rights to any content you upload and that your use of the Service does not violate any third-party rights.

5. Content Moderation & Removal

We reserve the right, but do not assume the obligation, to:

  • Review, monitor, or moderate any content on the Service.
  • Remove or disable access to any content that violates these Terms, without prior notice.
  • Suspend or terminate accounts that violate these Terms or applicable laws.
  • Report illegal content or activities to law enforcement authorities.
  • Preserve content and account information as required by law or to protect our legal interests.

6. AI Assistant (ProtoBot)

ProtoShop includes an AI-powered assistant ("ProtoBot") designed to help you navigate the platform, answer questions, and provide personalized support. By using ProtoBot, you acknowledge and agree that:

  • Conversation Storage: Your conversations with ProtoBot are stored to provide context-aware assistance, improve our service, and enable customer support.
  • Preference Data: Communication preferences you set (such as language style and experience level) are saved to personalize your experience.
  • Human Review: Conversations may be reviewed by our team to improve response quality, train our systems, and resolve support issues.
  • Actions on Your Behalf: ProtoBot may perform actions on your behalf (such as navigating to pages or retrieving account information) when you request or approve them.
  • AI Limitations: ProtoBot is an AI and may occasionally provide inaccurate information. Always verify important information independently.
  • Not Legal/Financial Advice: ProtoBot does not provide legal, financial, medical, or other professional advice.

You may request deletion of your ProtoBot conversation history by contacting privacy@protoshop.ai. See our Privacy Policy for more details on data handling.

7. Third-Party Services

ProtoShop integrates with and relies upon third-party services, including but not limited to AI generation APIs, payment processors, and cloud infrastructure providers. You acknowledge that:

  • Third-party services are provided "as-is" and we do not control their availability, accuracy, or performance.
  • Your use of third-party services may be subject to additional terms and policies.
  • We are not liable for any interruption, error, or limitation arising from third-party services.
  • Features such as ProtoTalk, image generation, and music generation are powered by third-party AI providers.

8. Payment & Subscriptions

7.1 Credits

ProtoShop operates on a credit-based system. Credits are used to access generation features and are non-refundable except as required by law. Unused credits do not roll over between billing periods unless otherwise specified in your subscription plan.

7.2 Subscriptions

Paid subscriptions automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

7.3 Refunds

Due to the nature of digital services and AI generation costs, refunds are generally not provided for used credits or partial subscription periods. Exceptions may be made at our sole discretion for service failures attributable to us.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. AI-GENERATED CONTENT MAY CONTAIN ERRORS, INACCURACIES, OR UNINTENDED OUTPUTS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless ProtoShop, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any content you create, upload, or generate using the Service.

12. DMCA & Copyright Claims

We respect intellectual property rights and respond to valid DMCA takedown notices. If you believe content on our Service infringes your copyright, please submit a notice containing:

  • Identification of the copyrighted work claimed to be infringed.
  • Identification of the allegedly infringing material and its location on our Service.
  • Your contact information.
  • A statement of good faith belief that the use is not authorized.
  • A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.
  • Your physical or electronic signature.

13. Account Termination

We may suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion. Upon termination, your right to use the Service ceases immediately. We may delete your content and data after termination. You may terminate your account at any time by contacting support.

14. Governing Law & Disputes

These Terms shall be governed by the laws of the State of Delaware, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in any court of competent jurisdiction.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

16. Contact

For questions about these Terms, please contact us at legal@protoshop.ai