Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of MemeBrain's website, applications, and services (collectively, the "Service"). By creating an account or using our Service, you agree to:

• Be bound by these Terms and our Privacy Policy
• Comply with all applicable laws and regulations
• Use the Service only for lawful purposes
• Respect the rights of other users and third parties

2. Description of Service

MemeBrain is an AI-powered platform that enables users to create memes using artificial intelligence technology. Our Service includes:

• Meme Generation: AI-powered creation of memes from text prompts
• Template Library: Access to thousands of meme templates
• Content Management: Tools to save, organize, and share your creations
• User Accounts: Personal profiles and content history
• Premium Features: Enhanced capabilities for paid subscribers

3. User Accounts and Registration

3.1 Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the confidentiality of your account credentials
• You must be at least 13 years old to create an account
• Each user may only maintain one account unless explicitly authorized by us

3.2 Account Security

• You are solely responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breaches
• We reserve the right to suspend accounts that show signs of unauthorized access
• Strong passwords and two-factor authentication are recommended

4. Acceptable Use Policy

4.1 Permitted Uses

You may use MemeBrain to:

• Create memes for personal, educational, or commercial use
• Share content you create with appropriate attribution
• Collaborate with others on meme creation projects
• Access and use all features included in your subscription plan

4.2 Prohibited Uses

• Illegal Content: Violates any applicable law or regulation
• Harassment: Bullies, harasses, or intimidates individuals or groups
• Hate Speech: Promotes hatred or discrimination based on race, religion, gender, etc.
• Violence: Depicts or encourages violence, self-harm, or illegal activities
• Adult Content: Contains sexually explicit, pornographic, or inappropriate material
• Intellectual Property: Infringes on copyrights, trademarks, or other IP rights
• Misinformation: Spreads false information or conspiracy theories
• Spam: Creates repetitive, unsolicited, or promotional content
• Malicious Activity: Attempts to hack, disrupt, or damage our systems

5. Content and Intellectual Property

5.1 Your Content

• You retain ownership of the text prompts and original images you upload
• You grant MemeBrain a license to process your content to provide our services
• You are responsible for ensuring you have rights to any content you upload
• You may delete your content at any time through your account settings

5.2 Generated Content

• You own the memes you create using our platform
• Our AI assists in creation but does not claim ownership of your output
• You are free to use, modify, and commercialize your generated content
• You acknowledge that similar content may be generated for other users

5.3 MemeBrain's Intellectual Property

• Our platform, software, algorithms, and branding remain our property
• You may not copy, modify, or reverse engineer our technology
• Our meme templates are licensed for use within our platform
• The MemeBrain name and logo are protected trademarks

6. Subscription Plans and Billing

6.1 Free and Paid Services

• We offer both free and paid subscription plans with different feature sets
• Free plans include basic meme generation with usage limits
• Paid plans provide enhanced features, higher limits, and priority support
• Plan details and pricing are available on our pricing page

6.2 Billing and Payments

• Subscriptions are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• We may change pricing with 30 days notice to existing subscribers
• Failed payments may result in service suspension
• You can cancel your subscription at any time from your account settings

6.3 Cancellation and Refunds

• You may cancel your subscription at any time
• Cancellation takes effect at the end of your current billing period
• No partial refunds for unused portions of subscription periods
• Your content remains accessible during any paid period you've purchased

7. AI Technology and Limitations

7.1 AI-Generated Content

• Our AI technology is designed to assist in meme creation but may not always produce perfect results
• Generated content quality depends on input prompts and AI model capabilities
• We do not guarantee that AI-generated content will meet your specific expectations
• AI models are continuously improved but may have occasional errors or biases

7.2 Content Filtering

• We implement automated systems to prevent generation of inappropriate content
• These systems may occasionally block legitimate content or allow inappropriate content
• You can report incorrectly filtered content through our support channels
• We continuously improve our filtering systems but cannot guarantee 100% accuracy

8. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you also agree to our Privacy Policy.

9. Disclaimers and Limitations of Liability

9.1 Service Availability

• We strive for high uptime but do not guarantee uninterrupted service availability
• Maintenance, updates, and technical issues may cause temporary service disruptions
• We are not liable for losses resulting from service interruptions
• Service level agreements are available for enterprise customers

9.2 Content Accuracy

9.3 Limitation of Liability

To the maximum extent permitted by law, MemeBrain shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities.

10. Termination

10.1 Termination by You

• You may terminate your account at any time through your account settings
• Upon termination, your access to paid features will continue until the end of your billing period
• You may request deletion of your personal data subject to our data retention policies

10.2 Termination by MemeBrain

• We may suspend or terminate accounts that violate these Terms
• We may terminate the Service entirely with reasonable notice to users
• In case of termination for cause, no refunds will be provided
• We will provide reasonable opportunity to export your data before account closure

11. Dispute Resolution

11.1 Informal Resolution

Before filing any formal dispute, we encourage you to contact our support team to resolve issues informally. Many concerns can be addressed quickly through direct communication.

11.2 Governing Law

These Terms are governed by the laws of [Jurisdiction], without regard to conflict of law principles. Any disputes will be resolved in the courts of [Jurisdiction].

11.3 Arbitration

For eligible disputes, we may require binding arbitration as an alternative to court proceedings. Specific arbitration procedures and exceptions will be provided in a separate arbitration agreement.

12. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will post the updated Terms on this page
• We will update the "Last updated" date at the top
• For material changes, we will notify users via email or platform notification
• Continued use of the Service after changes constitutes acceptance of new Terms
• If you disagree with changes, you may terminate your account

13. Miscellaneous

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MemeBrain regarding the use of our Service.

13.2 Severability

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

13.3 Assignment

You may not assign or transfer your rights under these Terms without our written consent. We may assign our rights and obligations without restriction.

14. Contact Information