Terms of Service
Last updated: March 27, 2025
1. Introduction
1.1 tool8.ai (hereinafter referred to as the "Platform Operator", "we", or "our") operates this website and all associated services (individually referred to as a "Service" or collectively as the "Services"). These Terms of Service apply to all users of the Service(s) ("User").
1.2 Users who utilize subscription plans or pay-per-use credits for the Service also agree to the Service's General Terms and Conditions.
2. Usage Rights
2.1 Users may only use the Services for non-commercial purposes unless they are using a subscription plan or pay-per-use credits and are therefore bound by the Service's General Terms and Conditions. This means all results from the Services may only be used for personal purposes. Use for (direct or indirect) commercial purposes is not permitted.
2.2 The Platform Operator reserves the right to restrict service usage or block Users without providing reasons.
2.3 By providing consent, Users agree that the Platform Operator may store their IP addresses to verify extensive use of the Service.
3. User Rights and Obligations
3.1 Users commit to avoiding any actions that could compromise the functionality or operation of the software. Specifically, Users are prohibited from performing any actions that scan or test software vulnerabilities, bypass security systems or access controls, or integrate malicious software.
3.2 Users guarantee they possess all necessary rights (such as copyright, related rights, industrial property rights, trademark rights) for processing the images they upload.
4. Acceptable Service Usage
4.1 Users agree not to directly or indirectly upload content, create designs, or use the Service in any manner that:
- Creates or promotes risk of physical or mental harm, emotional distress, death, disability, or disfigurement to themselves, any person, or animal;
- Creates or promotes risk of harm, loss, or damage to any property;
- Attempts to harm or exploit children;
- Is harassing, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, slanderous, or threatening;
- Discriminates against, incites, or promotes discrimination toward others based on race, religion, gender, sexual orientation, age, disability, ancestry, nationality, or any other basis;
- Contains nudity, sexually explicit or pornographic content, or links to such materials;
- Involves selling or promoting illegal activities, products, or services;
- Is fraudulent or promotes fraudulent activities;
- Infringes upon the rights of any individual or third party, including intellectual property and data privacy rights;
- Contains information or content that the User has no legal right to share due to confidentiality, contractual, or fiduciary obligations;
- Contains false, deceptive, or misleading information, or otherwise promotes, endorses, encourages, or facilitates the spread of misinformation;
- Violates applicable laws or promotes inherently illegal activities; or
- Threatens or undermines democratic processes or institutions.
The Platform Operator reserves the right to determine at its sole discretion whether content violates these terms. These terms may be updated periodically.
5. Service Usage Restrictions
5.1 Users must not use the Service in any way contrary to its intended purpose.
5.2 Users shall not, either personally or through any third party: (i) rent, lease, sell, distribute, offer through a service bureau, sublicense, or otherwise make the Service available to any third party (except as permitted under these Terms of Service); (ii) copy, duplicate, decompile, reverse engineer, attempt to access the Service's source code, modify, or create derivative works of the Service or any part thereof; (iii) access the Service for performance benchmarking purposes; (iv) access the Service to build or market a competing product; (v) use the Service to store or transmit viruses or malicious code; (vi) perform data mining, extraction, or scraping on the Service and/or its available content for machine learning or other purposes; or (ix) circumvent any measures implemented to prevent or restrict Service access, including features that prevent or limit content usage or copying, or enforce Service usage limitations.
6. Content Moderation and Complaints
6.1 When Users upload content to the Service, they bear sole responsibility for that content. We do not guarantee review of all User content before or after it is uploaded to the Service.
6.2 We employ automated tools and human moderators to review User comments on our Service. Our moderators thoroughly investigate all reports of User content that may violate our Terms of Service or may be illegal.
6.3 Anyone may report content on our Service. For more information about reporting content and/or accounts, please refer to Section 11 of these Terms of Service.
6.4 If Users disagree with a moderation decision, they may contact us via email (support@tool8.ai). Complaints must be submitted within six months of the relevant moderation decision.
6.5 Upon receiving a complaint, we will: ensure it is reviewed promptly, without discrimination, diligently, and fairly; reverse our decision if we determine our initial assessment was incorrect; and promptly inform you of our decision and any potential remedies.
7. Warranty and Liability
7.1 Any warranty regarding the software's results and availability is excluded. If a warranty claim nevertheless exists, the warranty period is limited to six months.
7.2 The Platform Operator is not liable for the Service's or its software's speed, availability, data loss, or results accuracy. Additionally, the Platform Operator's liability is excluded unless damage was caused intentionally or through gross negligence. This exclusion does not apply to cases involving loss of life or personal injury.
7.3 The Platform Operator's liability is limited in all cases to USD$10.00.
8. Indemnification Obligations
8.1 To the extent permitted by law, Users agree to defend, indemnify, and hold harmless the Platform Operator and its affiliates, officers, directors, agents, licensors, and employees from and against any claims, costs, damages, losses, liabilities, and expenses (including reasonable legal fees and costs) resulting from or related to: (i) User's violation of these Terms of Service, or (ii) User's use of the Service.
9. Confidentiality and Data Protection
9.1 All data protection information related to the Service is available at:
- tool8.ai/privacy-policy.html
10. Term and Termination
10.1 These Terms of Service become effective upon your first access to the Service and remain in full force until your account is deleted or terminated.
10.2 If the Platform Operator reasonably determines that you or your use of the Service violates these Terms of Service, the Platform Operator may: (i) delete prohibited User content; (ii) suspend your Service access; (iii) terminate and delete your account; (iv) permanently ban you from using the Service; and/or (v) disclose prohibited User content or activity to appropriate government authorities. Upon termination, your right to use the Service immediately ceases. Users previously removed from the Service by the Platform Operator may not access the Service again.
11. User Complaints and Appeals
11.1 If you believe we have mistakenly taken action regarding your account or reported content, you may appeal our decision within 180 days by emailing support@tool8.ai.
11.2 Additionally, you may contact a certified alternative dispute resolution body to help resolve disputes with us concerning actions taken on your account or reported content, including if you disagree with an appeal outcome. Decisions by alternative dispute resolution bodies are not binding on either you or the Platform Operator.
12. Final Provisions
12.1 Legal disputes arising from this agreement are exclusively governed by Hong Kong law.
12.2 The exclusive jurisdiction for disputes arising from or related to this agreement belongs to the competent courts in Hong Kong.
12.3 The Platform Operator may modify these Terms of Service (and any referenced policies or agreements) at any time. We will publish the most current version of these Terms of Service on each Service. For any changes that, in our sole determination, materially and adversely affect your rights or Service usage, we will provide reasonable notice. We may deliver this notice through the Service and/or via the email address associated with your account. By continuing to use the Service after any revised Terms of Service become effective, you agree to be bound by the updated Terms.
12.4 If individual provisions of this agreement are invalid, unenforceable, and/or void, this shall not invalidate the entire agreement. In such cases, the contracting parties commit to establishing provisions that economically approximate the purpose of the invalid, unenforceable, and/or void provisions as closely as possible.
12.5 Any non-English versions of these Terms of Service are provided solely for convenience. Only the English version of these Terms of Service has controlling authority.
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