Terms of Service

Description of Service

VintageBackgrounds.com provides AI-powered vintage background generation services for product photos, including:

• Custom vintage-style backgrounds tailored to your product
• Style consistency across multiple product images
• Email delivery of generated backgrounds within 24 hours
• Revisions for paid plans
• Commercial use rights for all generated backgrounds
• Support for various product categories (jewelry, fashion, home goods, etc.)

2. Rights of Use

2.1. IP Address Storage

By giving consent, you agree that we may store your IP address to verify extensive use of the Platform and to prevent abuse or fraudulent activity.

2.2. Your Content

2.2.1. Content Definition

"Content" means any text, information, communication, or material, such as audio files, video files, electronic documents, or images, that you upload, import into, embed for use by, or provide to the Service.

2.2.2. License to Your Content

Solely for the purpose of operating or improving the Service, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, and distribute your Content solely for the purpose of providing and improving our services.

2.2.3. Ownership

As between you and VintageBackgrounds.com, you retain all rights and ownership of your Content and the generated backgrounds. You must ensure that you have all necessary rights (such as copyright, trademark rights) for the product photos you upload.

2.2.4. Generated Backgrounds

Vintage backgrounds generated by our service are owned by you upon delivery. You receive full commercial use rights to use these backgrounds in any way you see fit, including on e-commerce platforms, social media, and other marketing materials.

2.2.5. Removing Your Content

If you delete Content from the Service, we will stop making that Content publicly available within a reasonable amount of time. Some copies of your Content may remain in our backup systems for a limited period, but will not be accessible to other users.

3. User Rights and Obligations

3.1. Prohibited Actions

You undertake to refrain from any actions that endanger the functionality or operation of the Software. In particular, you are prohibited from carrying out any actions that scan or test the vulnerability of the system, breach security measures, or interfere with the proper functioning of the Service.

3.2. Content Rights Guarantee

You guarantee that you have all the necessary rights (such as copyright, trademark rights, industrial property rights) for the product photos you upload. You are solely responsible for ensuring that your Content does not infringe upon any third-party rights.

User Accounts

Account Registration

To access certain features, you may need to create an account. You agree to:

• Provide accurate and complete information
• Maintain the security of your password
• Notify us immediately of any unauthorized use
• Accept responsibility for all activities under your account

Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms or for any other reason we deem necessary. You may also delete your account by contacting us at javajia@gmail.com. Upon account closure, we will take reasonable steps to delete your data in accordance with our Privacy Policy.

Acceptable Use Policy

Prohibited Uses

You may not use our services for:

• Illegal activities or content
• Spam, phishing, or malicious content
• Copyright or trademark infringement
• Adult or inappropriate content
• Malware, viruses, or harmful code
• Harassment, hate speech, or discrimination
• Unauthorized access to computer systems
• Automated bulk submissions without authorization

Content Responsibility

You are solely responsible for the product photos you upload and any consequences resulting from that content. We do not monitor or control user-uploaded content, but we reserve the right to remove any content that violates these Terms.

Pricing and Payment Terms

We reserve the right to change our pricing and plan features at any time with or without notice.

Available Plans

VintageBackgrounds.com offers multiple tiers including Free Trial, Starter Pack, and Pro Pack. Detailed pricing and features are available on our pricing page.

• Free Trial: 5 free backgrounds, email delivery within 24 hours
• Starter Pack: $29 for 20 backgrounds, includes revisions, email delivery within 24 hours
• Pro Pack: $49 for 50 backgrounds, includes revisions and priority support, email delivery within 24 hours

Billing and Payment

• All payments are processed securely through Stripe using accepted payment methods including Visa, Mastercard, American Express, and Discover
• Prices may change with reasonable notice
• All purchases are one-time payments (no subscription required)

Refund Policy

• Satisfaction Guarantee: We offer a satisfaction guarantee. If you're not satisfied with the backgrounds you receive, we will work with you to make it right.
• Refund Requests: Contact us within 14 days of delivery if you're not satisfied. We will either provide revisions or issue a refund at our discretion.
• Technical Issues: If you experience technical issues that prevent delivery of your backgrounds, we will either redeliver or provide a full refund.

Revisions Policy

• Free Trial: No revisions included
• Starter Pack and Pro Pack: Revisions included to ensure satisfaction
• Revision requests must be made within 7 days of background delivery
• We reserve the right to limit the number of revision requests per order

Intellectual Property Rights

Our Rights

VintageBackgrounds.com and all related trademarks, logos, and content are owned by us or our licensors. You may not use our intellectual property without written permission.

Your Rights

You retain ownership of any product photos you upload. You also retain full ownership of all vintage backgrounds generated by our service upon delivery.

Commercial Use Rights

All backgrounds generated by VintageBackgrounds.com come with full commercial use rights. You may use them on Etsy, Shopify, your website, social media, or any other platform without restrictions. You may also modify, crop, or otherwise edit the backgrounds as needed for your use case.

Privacy and Data Protection

Your privacy is important to us. Our data collection and use practices are governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Security

We implement appropriate security measures to protect your data, but we cannot guarantee absolute security. You use our services at your own risk.

Service Availability and Modifications

Service Availability

We strive to maintain high availability but cannot guarantee uninterrupted service. We may perform maintenance or experience outages that temporarily affect service availability.

Delivery Timeline

We commit to delivering vintage backgrounds within 24 hours of product photo submission. While we make every effort to meet this timeline, delivery times may vary during periods of high demand.

Service Modifications

We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice to users.

Warranty and Liability

4.1. Warranty Exclusion

Any warranty for the results of the Software and its availability is excluded. Our services are provided "as is" without warranties of any kind, either express or implied. If, nevertheless, a warranty claim should exist, the warranty period is six months.

4.2. Limitation of Liability

We are not liable for the speed of the Software, its availability, data loss, or the correctness of the results. In addition, our liability is excluded unless the damage has been caused by gross negligence or willful misconduct.

To the maximum extent permitted by law, we shall not be liable for:

• Indirect, incidental, or consequential damages
• Loss of profits, data, or business opportunities
• Damages exceeding the amount paid to us in the past 12 months
• Issues caused by third-party services or user error
• Delivery delays or service availability issues

4.3. Maximum Liability

Our liability is in any case limited to the amount you paid to us in the 12 months preceding the claim, or $100.00 USD, whichever is greater.

4.4. Service Termination

We reserve the right, without notice and without liability, to suspend and/or terminate this Agreement at any time, whether for cause (for example if you breach this Agreement) or without cause. We may discontinue or suspend the provision of the Service at any time without notice, and at our discretion, without liability to you or any other person.

Indemnification

You agree to indemnify and hold us harmless from any claims, damages, or expenses (including legal fees) arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

Confidentiality and Data Protection

All data protection information is available to you in our Privacy Policy, which is incorporated into these Terms by reference.

We implement appropriate security measures to protect your data, but we cannot guarantee absolute security. You use our services at your own risk.

Concluding Provisions

Governing Law

Legal disputes arising from this Contract are governed exclusively by the laws of the United States, without regard to conflict of law principles. The application of the UN Convention for the International Sale of Goods is excluded.

Jurisdiction

For disputes arising out of or in connection with this contract, the parties agree to first attempt to resolve disputes through informal resolution. If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Contract Modifications

Changes and/or additions to this Contract must be made in writing to be valid. We may update these Terms from time to time. We will notify users of material changes via email or website notice. Continued use of our services after changes constitutes acceptance of the updated Terms.

Severability

Should individual provisions of this Contract be void, unenforceable, and/or invalid, this shall not result in the invalidity, unenforceability, and/or invalidity of the entire Contract. In this case, the invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

Changes to Terms

We may update these Terms from time to time. We will notify users of material changes via email or website notice. Continued use of our services after changes constitutes acceptance of the updated Terms.