Terms of Service

1. Who we are

These terms govern your use of Rods & Cones (the “Service”). By creating an account or using the Service you agree to these terms.

2. The Service

Rods & Cones upscales images using a diffusion model. Output quality depends on the input and the model; we provide the Service on an “as is” basis and do not guarantee any particular result. The model may upscale images and add hallucinated details; as such, we do not give guarantees of correctness or factuality. The upscaling is intended purely for aesthetic purposes.

3. Accounts

You must provide accurate information and keep your login secure. You are responsible for activity under your account. You must be at least 18, or the age of digital consent in your country with a guardian's permission.

4. Payments, subscriptions, and “latents”

• Paid plans are sold through our payment provider and merchant of record, Polar. Your purchase contract is concluded with Polar, and Polar's checkout terms and invoices apply to the transaction.
• Subscriptions grant a monthly allowance of “latents,” the in-app unit spent on upscales. Prices are shown on the pricing page and include applicable tax as calculated at checkout.
• Subscriptions renew automatically each period until canceled. You can cancel anytime from the billing page; access continues until the end of the paid period.
• Right of withdrawal: as a consumer in the EU you have a statutory 14-day right of withdrawal. For digital services that begin immediately, this right lapses once performance has started with your express consent, which you give when you start using the Service within the period.

5. Acceptable use

You agree not to use the Service to:

• process images you have no right to use, or that infringe others' intellectual property or privacy;
• create or upscale unlawful content, including CSAM, or non-consensual or deceptive imagery of real people;
• attempt to breach security, abuse rate limits, reverse-engineer the model, or resell the Service without permission.

We may suspend accounts that violate these rules.

6. Your content

You keep all rights to the images you upload and the results you generate. You grant us only the limited license needed to store, process, and return your images through the Service. We do not use your images to train models.

7. Availability and changes

We may modify, suspend, or discontinue features. We aim for high availability but do not guarantee uninterrupted service, and we may perform maintenance without notice.

8. Liability

Nothing in these terms limits liability for intent, gross negligence, or injury to life, body, or health, or under mandatory law. Otherwise, our liability for slight negligence is limited to the breach of essential contractual obligations and to the foreseeable, typical damage. [This is a sensitive clause under German law, so have it drafted by a lawyer.]

9. Termination

You may stop using the Service and delete your account at any time. We may terminate or suspend access for breach of these terms.

10. Governing law

These terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection rights of your country of residence remain unaffected.

11. Contact

Questions about these terms? Email support@rodsandcones.ai.