Terms of Service

Effective date: 03.10.2025

Legal entity: gustar.io Nachhaltige Technologien UG (haftungsbeschränkt), Berger Straße 156, 60385 Frankfurt am Main, Germany

Contact: contact@gustar.io

1) About the Service

We provide an online service that generates dating profile pictures (“Outputs”) from images you upload (“Uploads”). Free users receive one low-resolution, watermarked preview (non-downloadable). Users may unlock downloads through a valid referral or by purchasing image packs.

2) Eligibility & Accounts

You must be 18+ and act as a consumer. One account per person. Keep credentials confidential; you’re responsible for all activity under your account.

3) Plans, Referrals, Pricing & Payment

Free tier: one preview Output, low-res + watermark, not downloadable.
Referral: A valid referral occurs when a new user signs up via your referral link. On our discretion, we will either (i) unlock download of your free preview or (ii) grant +1 generation. We may withhold or revoke rewards for suspected abuse (self-referrals, bots, disposable emails, duplicates).
Paid packs: purchase grants 10 image generations. You may re-generate any Output in the same style up to 3 times per image. Unused generations expire 12 months after purchase.
Formats & limits: JPG/PNG/WebP ≤10 MB each; 6 uploads/hour per account. We may apply additional fair-use safeguards (e.g., daily caps, queueing).
Prices & taxes: Prices are shown excluding VAT and any applicable taxes, fees, or charges. Taxes are calculated at checkout. For Germany, if we qualify as a Kleinunternehmer under §19 UStG, invoices will state that VAT is not shown per §19 UStG. Stripe processes payments on our behalf.
When we charge: payment is due before paid generations begin.
Chargebacks: we may suspend or terminate accounts and offset or recover amounts related to chargebacks or suspected fraud.

4) Right of Withdrawal (EU/UK Consumers)

By starting a paid generation you request immediate supply of digital content and acknowledge you lose your 14-day right of withdrawal once generation begins. If you do not agree, do not start generation; you may request a refund within 14 days before generation starts.

Refunds: Except where required by law or if the Service is defective/not as described, all sales are final once generation begins.

5) Acceptable Use & Content Rules

You agree not to upload, request, or generate content that is illegal; infringes IP; violates privacy or publicity rights; depicts or sexualizes minors; includes nudity/sexually explicit content; promotes hate or harassment; impersonates or deepfakes real persons; depicts public figures or celebrities; or otherwise violates these Terms.

You must have all rights and consents for anyone depicted in your Uploads. We may refuse, block, or remove content; refused requests are lost and credits are not returned. Attempts to remove or bypass watermarks are prohibited.

6) Intellectual Property; Licenses

Your Uploads: You retain ownership. You grant us a non-exclusive, worldwide, royalty-free license to host, process, analyze, and create derivative works solely to provide, secure, and maintain the Service (including quality control, safety, abuse prevention, and service analytics).
Your Outputs: Subject to third-party rights, you own your Outputs for personal, non-commercial use.
Our IP: We (and licensors) own all rights in the Service, models, prompts, styles, templates, and software. We grant you a limited, revocable, non-transferable license to use Outputs and styles as rendered by the Service. You may not extract, reproduce, or create derivatives of our styles, models, prompts, or system assets.
Marketing & model training: We do not use Uploads or Outputs for marketing or model training without your separate, informed consent. If we later propose to do so, we will request fresh consent and respect your choice.

7) Biometric & Safety Disclosures

We perform transient face detection (Google technology) to verify an image contains a face. We do not store biometric identifiers or face templates, and we do not sell biometric information. Processing is for service provision and safety.

8) Data Storage, Region & Sub-Processors

Region: EU, europe-west1 (Belgium).
Sub-processors: Google Cloud (hosting and face detection), Stripe (payments), Resend (email).
Security: encryption in transit and at rest; role-based access; least-privilege; logging and monitoring; limited personnel access.

9) Retention & Deletion

Uploads & Outputs: retained for up to 30 days by default to operate the Service (e.g., re-downloads, safety review). Backups may persist for up to 90 days longer before automatic purge.
Self-delete: if you delete content or request account deletion, we remove data from active systems immediately; backups expire on their normal cycle. We may retain minimal records as required by law, for security, or to enforce these Terms.

10) Service Changes, Availability & Support

The Service is provided “as is” and “as available.” We may change or discontinue features at any time with reasonable in-app notice. Target uptime is best-efforts; no service credits. Support via in-app notifications and contact@gustar.io; typical response within 2 business days.

11) Termination & Suspension

We may suspend or terminate accounts for AUP violations, non-payment, chargebacks, suspected fraud, security risks, or legal risk. You may stop using the Service at any time. Upon termination, access ceases; data is handled per Section 9.

12) Legal Terms (Germany/EU Consumer-Safe)

Governing law & venue: German law (excluding conflict rules); courts of Frankfurt am Main. Mandatory consumer protection rules of your habitual residence remain unaffected.
Warranties: For free features, the Service is provided without warranties to the extent permitted by law.
Liability: Our liability for intent and gross negligence and for injury to life, body, or health is unlimited. For slightly negligent breaches of essential contractual duties (Kardinalpflichten), liability is limited to the foreseeable damage typical for this type of contract and, in aggregate, to the fees you paid in the 12 months preceding the event. Otherwise, we are not liable for slight negligence. Statutory strict liability (e.g., Produkthaftungsgesetz) remains unaffected.
Indemnity: You will indemnify us from third-party claims arising from your Uploads, Outputs use, or violations of these Terms.
Assignment: We may assign these Terms (e.g., merger, sale of business).
Export & sanctions: You may not access or use the Service in embargoed countries or for prohibited purposes.
Updates to Terms: We may update these Terms. We’ll notify you in-app. Changes take effect upon publication; for material changes (e.g., marketing/training use), we will seek fresh consent where required. Continued use after effective date constitutes acceptance.
Severability; waiver; entire agreement: Standard.

13) Copyright & Image Rights

We respond to copyright and image-rights notices and may terminate repeat infringers. Notices can be sent to contact@gustar.io. If you are in the US, you may use a DMCA-style notice; we will act in good faith.

14) Communications

Service notifications are provided in-app (web app). We may also contact you via email for critical account matters.

15) Privacy

See our Privacy Policy for details on data categories, purposes, legal bases, data subject rights (GDPR/UK GDPR/CCPA), and sub-processor list. If anything in the Privacy Policy conflicts with these Terms on data processing, the Privacy Policy controls.