Terms of Service

1. Acceptance of Terms

By accessing or using the SMF-IMG platform ("Service"), operated by Marbella AI LLC, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any part of these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically.

2. Eligibility

You must be at least 18 years of age to use this Service. By using SMF-IMG, you represent and warrant that you meet this age requirement. We may, at our discretion, require verification of your age at any time.

Accounts are non-transferable. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Description of Service

SMF-IMG provides AI-powered image generation and storage tools. The Service enables users to create, view, store, and share AI-generated images. All images generated through the Service are created by artificial intelligence and are entirely synthetic.

The AI-generated outputs may be inaccurate, incomplete, or contain artifacts. Marbella AI LLC makes no representations regarding the accuracy, reliability, or quality of any AI-generated content.

4. User Accounts

To access certain features of the Service, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and update your information as necessary
• Keep your password secure and confidential
• Accept responsibility for all activity under your account
• Notify us immediately of any unauthorized use of your account

5. Intellectual Property & Content Ownership

5.1 Platform IP. All technology, software, designs, and branding associated with SMF-IMG are the exclusive property of Marbella AI LLC. You are granted a limited, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes.

5.2 User Content. You retain ownership of any original text prompts ("Inputs") you provide to the Service. By submitting Inputs, you grant Marbella AI LLC a worldwide, royalty-free, perpetual license to use such Inputs to operate, improve, and develop the Service and its underlying AI models.

5.3 AI-Generated Outputs. Images generated by the AI ("Outputs") are provided under a personal-use license. You may not claim exclusive ownership of AI-generated Outputs. You are solely responsible for your use of any Outputs.

6. Subscriptions & Payments

6.1 Free Tier. The Service offers a free tier with limited generation capabilities.

6.2 Pro Subscription. Paid subscriptions ("Pro") unlock unlimited generations and additional features. Subscriptions are billed on a recurring monthly or annual basis.

6.3 Refunds. Refund requests must be submitted within 24 hours of purchase. Refunds will only be granted if fewer than 20 generations have been consumed during that period.

6.4 Cancellation. You may cancel your subscription at any time. Access to Pro features will continue until the end of the current billing period. No partial refunds will be issued for unused portions of a billing cycle.

7. Prohibited Conduct

You agree not to use the Service to:

• Generate, upload, or distribute any content depicting minors in any context (zero-tolerance policy)
• Create deepfakes or content resembling real persons without their explicit consent
• Attempt to bypass, circumvent, or "jailbreak" content safety filters
• Use the Service for any illegal purpose or in violation of any applicable law
• Harass, abuse, or harm other users
• Reverse-engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service without written permission

Violation of this section may result in immediate account termination and reporting to relevant authorities, including the National Center for Missing and Exploited Children (NCMEC) where applicable.

8. Content Moderation

We employ AI-based moderation systems to detect and prevent prohibited content. While user interactions are treated as private, flagged content may be reviewed by authorized personnel to ensure compliance with these Terms and applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARBELLA AI LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

THE SERVICE IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. Indemnification

You agree to indemnify, defend, and hold harmless Marbella AI LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from or related to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Delaware.

12. Contact Information

If you have any questions about these Terms, please contact us at: