Terms of Service

These Terms of Service (the "Terms") govern your use of Brand Studio, offered as a Shopify app and as a web app (together, the "App"), provided by Dreamstate I/S, CVR no. 43627805("we", "us"). By installing the Shopify app, creating a web app account, or using the App, you agree to these Terms. If you do not agree, do not install or use the App.

1. The service

The App lets merchants generate AI-styled product images by uploading source photos and providing text prompts. We forward those inputs to third-party AI providers and receive the generated output. In the Shopify app you can save the output back to your Shopify product gallery. In the web app you keep it in your workspace library and download it.

2. Eligibility

• You must be at least 18 years old, or the legal age of majority in your jurisdiction.
• Shopify app: you must operate a Shopify store in good standing and have the legal authority to bind the entity that owns the Shopify store you install the App on.
• Web app: you must give accurate account details, keep your password secure, and have the authority to bind the business you use the App for. You are responsible for activity in your workspace, including by people you give access to.

3. Plans, pricing, and billing

The App is offered under several subscription tiers. Current pricing is published at our pricing page. We reserve the right to change pricing with at least 30 days' notice; existing subscribers continue at their current rate until the next renewal following any change.

Shopify app

Billing in the Shopify app is processed through Shopify's Billing API.

• Free plan: the Free plan includes a fixed credit allowance so you can test the App before choosing a paid subscription.
• Recurring billing: paid subscriptions renew every 30 days at the rate displayed at the time of subscription.
• Refunds:Shopify's standard refund policy for app charges applies. Because the service is consumed in real time, we generally do not refund partial months. We will refund any charges that result from a clear bug on our side; contact support.
• Cancellation: uninstall the App from your Shopify admin to cancel. Cancellation takes effect immediately and your access ends at the end of the current billing period.

Web app

Payments in the web app are processed by Stripe. Prices are shown in US dollars, and taxes may apply depending on where you are.

• Free plan: the Free plan includes a fixed credit allowance so you can try the App before choosing a paid plan.
• Recurring billing: paid plans renew every month until you cancel. Price changes follow the notice rule above.
• Changing plans: an upgrade takes effect right away and starts a new monthly billing period. You pay the new price, less a credit for the unused part of your current plan. A downgrade takes effect at the start of your next billing period.
• Cancellation:cancel at any time under Plans & credits, Manage billing. Your plan and its credits stay available until the end of the period you paid for, and then your workspace moves to the Free plan.
• Credit packs: packs are one-time purchases.
• Refunds: because the service is consumed in real time, we generally do not refund partial periods or credits you have used. We will refund any charges that result from a clear bug on our side; contact support. If we refund a credit pack, the unused credits from that pack are removed from your balance.
• Right of withdrawal: if you are a consumer in the European Union, you have 14 days to withdraw from a purchase. At checkout you ask us to start the service right away and acknowledge that you lose the right of withdrawal for a credit pack once you use credits from it. If you withdraw from a subscription within 14 days, we refund what you paid, less a proportionate amount for the period and credits you used. Contact us to withdraw.

4. Credits and generation limits

The App uses credits for image generation. The Free plan includes a fixed credit allowance. Paid plans include a monthly credit allowance. In the Shopify app it resets on the first day of each calendar month at 00:00 UTC. In the web app it resets when each monthly billing period renews. Unused monthly credits do not roll over.

• Successful generations deduct credits from your available balance.
• Failed generations (whether due to model errors, content moderation, or technical issues) do not consume credits and are automatically refunded.
• Extra credits (credit packs) may be purchased on paid plans. They are used after your monthly plan credits are exhausted and do not expire while your account is active.

5. Acceptable use

You agree not to use the App to generate or upload content that:

• Depicts nudity, sexual content, or sexually suggestive material, including AI-generated "deepfake" nudes of any person
• Depicts minors in any sexual or suggestive context, ever, at all
• Depicts graphic violence, gore, or self-harm
• Promotes or glorifies hate, discrimination, or harassment on the basis of race, ethnicity, religion, gender, sexual orientation, disability, or any protected class
• Includes identifiable individualswithout their documented consent (this includes celebrities, public figures, and competitors' staff)
• Infringes copyright, trademark, or other intellectual property belonging to others
• Violates any applicable law or regulation
• Promotes illegal goods or services, including counterfeit products
• Attempts to jailbreak, exploit, or abuse the App, its rate limits, its content moderation, or its underlying AI models

We pre-screen every upload and prompt against automated content moderation systems before sending to our AI providers. Repeat violations of this policy are grounds for immediate account termination without refund.

6. Ownership of generated content

You own the images you generate. Subject to your compliance with these Terms and the underlying terms of the AI provider used, we assign to you any rights we may have in the output of any successful generation you produce through the App.

Important caveats:

• AI-generated images may not be eligible for copyright protection in some jurisdictions (notably the United States, where current law excludes purely AI-generated content from copyright registration). We do not warrant copyrightability of any output.
• You are responsible for ensuring you have the rights to any source images you upload, including model releases for any people pictured.
• You are responsible for ensuring the generated output does not violate the rights of any third party.
• Generated outputs may also be subject to applicable third-party service terms. See our Privacy Policy for information about how service providers process data.

7. Service availability

We aim for high availability but make no specific uptime guarantee and do not offer a service level agreement (SLA). The App depends on third-party services (Shopify, cloud infrastructure providers, and AI generation providers) that may experience downtime outside our control. We will use commercially reasonable efforts to maintain availability and to notify users of planned maintenance via the in-app announcement system.

8. Account suspension and termination

We may suspend or terminate your access to the App, with or without notice, if:

• You materially breach these Terms or the acceptable use policy
• You fail to pay any subscription fees
• Your use creates security, legal, or operational risk for us, other merchants, or our infrastructure providers
• You uninstall the Shopify app or close your web app workspace

Upon termination, your right to use the App ends immediately and we will delete your data per our Privacy Policy retention rules.

9. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that:

• The App will be uninterrupted, error-free, or fully secure
• Generated images will meet your aesthetic, legal, or commercial requirements
• Any specific generation will succeed (AI models can produce unexpected output or fail entirely)
• The App will be compatible with all Shopify themes, plugins, or configurations

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE APP SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF PROFITS, DATA, GOODWILL, OR REPUTATION; OR ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot lawfully be limited.

11. Indemnification

You agree to indemnify and hold us harmless from any claim, demand, or damage (including reasonable attorneys' fees) arising out of:

• Your use of the App in violation of these Terms
• Your breach of the acceptable use policy, including content you upload or generate
• Your violation of any third-party right, including intellectual property or privacy rights
• The content you publish on your own store or channels

12. Governing law and disputes

These Terms are governed by the laws of Denmark, without regard to conflict-of-laws principles. Any dispute arising out of or related to these Terms or the App shall be resolved exclusively in the courts of Copenhagen, Denmark, and you consent to the personal jurisdiction of those courts.

If you are a consumer in the European Union, this clause does not deprive you of the protection of the laws of your country of residence.

13. Changes to these Terms

We may revise these Terms from time to time. Material changes will be announced inside the App and via email to merchants on a paid plan at least 30 days before they take effect. In the web app we use the email address on your account. Continuing to use the App after a change constitutes acceptance of the new Terms.

14. Contact

Questions about these Terms? contact@dreamstate.dk.

15. Entire agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements, written or oral.