Please read these Terms of Service carefully before using the Totumix platform. These Terms form a legally binding agreement between you and Totumix.
1. Acceptance of Terms
By accessing or using Totumix ("Service", "Platform", "we", "our"), you ("User", "you") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.
If you do not agree to these Terms, you may not access or use the Service.
We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes your acceptance of the updated Terms.
You must be at least 13 years old to use this Service. By using Totumix, you represent and warrant that you meet this age requirement.
2. Description of Service
Totumix is an AI-powered visual intelligence platform offering Image-to-Prompt extraction and Prompt-to-Image generation services.
The Service is provided on a subscription and credit-based model. Features and credit limits vary by subscription tier (Free, Totu, and Totumix plans).
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable to you or any third party for any such modification, suspension, or discontinuation.
3. Account Registration & Security
You must create an account to access paid features. You agree to provide accurate, current, and complete information during registration.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You must immediately notify us at support@totumix.com if you suspect any unauthorized use of your account or any security breach.
We reserve the right to terminate accounts that violate these Terms or that remain inactive for extended periods.
4. Subscriptions, Credits & Billing
Paid subscriptions are billed on a monthly recurring basis through Lemon Squeezy, our payment processor. All prices are displayed in USD unless otherwise indicated.
Credits are allocated on a per-subscription-cycle basis. Unused credits roll over month-to-month within the same subscription tier.
Subscription upgrades take effect immediately. Downgrades take effect at the start of the next billing cycle.
All sales are final unless otherwise required by applicable law. We offer no refunds for partially used subscription periods or unused credits.
We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice before any price increase takes effect for existing subscribers.
If a payment fails, we will attempt to re-charge over a 3-day grace period before suspending access to paid features.
5. Acceptable Use Policy
You agree not to use the Service to generate, upload, or process content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable.
You may not use the Service to generate content that infringes any third party's intellectual property rights, including but not limited to copyrighted images, trademarks, or trade secrets.
You may not use the Service for any purpose that is fraudulent, deceptive, or misleading, including the creation of synthetic media intended to deceive or harm others (deepfakes for malicious purposes).
You may not attempt to reverse-engineer, scrape, or otherwise extract the underlying AI models or infrastructure.
You may not use automated bots, scripts, or tools to abuse the credit system or circumvent rate limits.
Violation of this Acceptable Use Policy may result in immediate account termination without refund.
6. Intellectual Property
User-Generated Content: You retain ownership of the original images you upload and the prompts you submit to the Service.
AI-Generated Outputs: Subject to your compliance with these Terms, you are granted a non-exclusive, worldwide license to use, reproduce, modify, and distribute the AI-generated images and prompts produced through your use of the Service for both personal and commercial purposes.
Platform IP: The Totumix name, logo, platform design, underlying software, and AI models are owned by Totumix and protected by applicable intellectual property laws. You may not use our IP without prior written consent.
We claim no ownership over your uploaded content. However, by uploading content, you grant us a limited, non-exclusive license to process it solely for the purpose of delivering the requested service.
7. Privacy
Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference.
You acknowledge that technical processing of your content is required to provide the Service.
8. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.
AI-generated outputs may not always be accurate, appropriate, or suitable for your intended use. You are solely responsible for evaluating the suitability of outputs for your purposes.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTUMIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE.
Our total aggregate liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the greater of (a) $100 USD or (b) the amount you paid us in the 12 months preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Totumix and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, or your violation of any third-party rights.
11. Governing Law & Dispute Resolution
These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles.
Any dispute arising from these Terms shall first be subject to good-faith negotiation between the parties. If unresolved within 30 days, disputes shall be submitted to binding arbitration administered by the American Arbitration Association.
Class action lawsuits and class-wide arbitrations are not permitted.
12. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, if you breach these Terms.
Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive.
You may terminate your account at any time through your profile settings or by contacting support@totumix.com.
13. Contact Information
For legal inquiries related to these Terms, please contact:
Email: legal@totumix.com
For general support: support@totumix.com
We aim to respond to all legal inquiries within 10 business days.