These Terms of Service ("Terms") govern your access to and use of the websites, applications and services operated by Subliminal Inc. ("Subliminal", "we", "us", "our"). Please read them carefully. By using any of our services you agree to be bound by these Terms and our Privacy Policy.
1. Introduction
Subliminal Inc. is a digital product studio that designs, builds and operates a family of AI-powered software products and applications. These Terms represent a legally binding agreement between you and Subliminal Inc. governing your use of all services we provide, including our websites, web applications, mobile applications and support channels.
If you do not agree to these Terms, you may not access or use our services. If you are using our services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and "you" refers to that organisation.
2. Who We Are
Subliminal Inc. is a corporation incorporated in the State of Delaware, United States, with its registered office at 1111B S Governors Ave, #46347, Dover, DE 19904, USA. You may contact us at [email protected] or by phone at +1 307 381 4560.
Our products currently include, but are not limited to: Stargazer (gostargazer.com), SpeechGeneratorAI (speechgenerator.co), PFPMakerAI (pfpmaker.ai), SeeYourBabyAI (seeyourbaby.ai), Priyansh Animations (priyansh.net) and LetterGeneratorAI (lettergenerator.co). This list may change as we add or retire products.
3. Scope and Individual Product Terms
These Terms apply broadly to all Subliminal Inc. services and establish baseline rules across our entire product portfolio. However, each individual product we operate may have its own supplemental terms of service, refund policy, or usage guidelines published on its respective website.
Where a conflict exists between these Terms and the terms of an individual product, the individual product's terms take precedence with respect to your use of that specific product. We encourage you to review the terms published on each product's website before making a purchase or creating an account.
These Terms do not supersede or replace any product-specific terms; rather, they serve as a common foundation. Where a product's own terms are silent on a matter, these Terms apply.
4. Eligibility
You must be at least 16 years of age, or the minimum age of digital consent in your country (whichever is higher), to use our services. In the United States, you must be at least 13 years of age to use services not directed at adults. By using our services you represent and warrant that you meet the applicable age requirement.
Certain products or features may have higher age requirements, which will be stated in the relevant product terms. We do not knowingly provide services to persons below the applicable minimum age.
Our services are not available to persons who have previously been suspended or removed by us, or to any persons prohibited from receiving such services under the laws of any applicable jurisdiction.
5. Accounts
Some features of our services require you to create an account. When you register, you agree to provide accurate, current and complete information and to keep it updated. You are solely responsible for safeguarding your login credentials and for all activity that occurs under your account.
You must notify us immediately at [email protected] if you suspect unauthorised use of your account. We are not liable for losses arising from unauthorised use of your account where you have failed to take reasonable security precautions or to notify us promptly.
You may not create an account on behalf of another person without their express authorisation, and you may not share your account credentials with any third party.
6. Payments and Refunds
All purchases on our services are processed by Stripe, Inc., a third-party payment processor. By making a purchase, you also agree to Stripe's terms of service. We do not store your full payment card details on our servers.
Prices are displayed in US dollars (USD) or regional currency unless otherwise stated and include any applicable taxes where we are required to collect them. Currency conversion and any foreign transaction fees charged by your bank or card issuer are your responsibility.
Charges processed by Subliminal may appear on your bank or credit card statement as "SUBLIMINAL" followed by an asterisk and the name of the specific product (for example, "SUBLIMINAL * [PRODUCT NAME]"). If you do not recognise a charge, please contact us at [email protected] before initiating a dispute with your bank.
Refund eligibility, conditions and procedures vary by product and are governed by the individual product's refund policy. Where a product offers a satisfaction guarantee or money-back period, those terms are stated on the product's website and apply to your purchase. We honour all legitimate refund requests in accordance with the applicable product policy and applicable consumer protection law.
7. Subscriptions
Where a product offers a subscription plan, your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. The renewal charge is the then-current price for your plan, which we may update with reasonable advance notice.
You may cancel your subscription at any time through your account settings or by contacting us. Cancellation takes effect at the end of the current paid period; we do not provide pro-rated refunds for unused time unless required by applicable law or stated in the relevant product policy.
In certain jurisdictions, you may have statutory rights to cancel within a "cooling-off" period. These rights are not affected by these Terms.
8. Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these Terms. You are responsible for your use of the services and for any content you submit, upload, generate or share through them.
You agree that your use of the services will comply with all applicable local, national and international laws, regulations and codes of conduct, including those relating to privacy, data protection, intellectual property, consumer protection and export controls.
9. Prohibited Activities
You may not use our services to:
- Upload, transmit or process content that is illegal, defamatory, obscene, threatening, abusive or hateful, or that violates any third party's rights;
- Infringe the intellectual property rights of any person, including uploading images or content you do not have the right to use;
- Impersonate any person or entity, or falsely represent your affiliation with any person or entity;
- Use outputs to deceive, defraud, harass or harm any individual;
- Generate, distribute or facilitate non-consensual intimate imagery or material that sexualises minors;
- Circumvent, disable or interfere with security features, access controls or technical restrictions of our services;
- Reverse engineer, decompile, disassemble or otherwise attempt to extract source code from our services;
- Use automated means (including bots, crawlers or scrapers) to access, scrape or index our services without our prior written consent;
- Transmit malware, viruses or any other harmful code;
- Engage in any activity that constitutes a denial-of-service attack or that otherwise disrupts or overloads our infrastructure;
- Use the services in a manner that violates export control laws or sanctions regimes, including providing access to sanctioned countries or individuals.
We reserve the right to suspend or terminate access for any user who violates these provisions, without notice where necessary to protect our services or other users.
10. Intellectual Property
All content, software, design, text, graphics, logos, user interfaces and other materials on our services are owned by or licensed to Subliminal Inc. and are protected by copyright, trademark, patent and other intellectual property laws. Nothing in these Terms grants you any right, title or interest in our intellectual property.
You may not copy, modify, distribute, sell, sublicense or create derivative works of our services or content without our express written permission. You may not use our trademarks, trade names, logos or service marks without prior written consent.
11. Your Content and Outputs
You retain ownership of any content you upload to our services ("Your Content"). By uploading Your Content, you grant Subliminal Inc. a limited, non-exclusive, worldwide, royalty-free licence to process, store and use Your Content solely to the extent necessary to provide the service you requested. This licence terminates when your content is deleted in accordance with our data retention practices.
We do not use Your Content or the outputs generated from it to train our AI models or those of any third party without your explicit, informed consent.
You represent and warrant that Your Content does not infringe any third party's rights and that you have all necessary consents and licences to submit it. You are solely responsible for Your Content and the consequences of submitting it.
Ownership of outputs generated by our services is governed by the applicable product's terms. Where the product terms grant you ownership of generated outputs, you may use them as described on the product's website, subject to any applicable legal restrictions.
12. AI-Generated Content
Our products use artificial intelligence to generate content such as images, videos, text and audio. AI-generated outputs are probabilistic and may be inaccurate, inconsistent or unexpected. We do not warrant the accuracy, quality or fitness for purpose of any AI-generated content.
You are solely responsible for reviewing AI-generated outputs before use, and for ensuring that your use of any output complies with applicable law, does not infringe third-party rights, and is appropriate for your intended purpose.
AI-generated likeness, faces or voices may resemble real individuals by coincidence. Such resemblance is unintentional and you must not represent any output as a factual depiction of a real person.
13. Third-Party Services
Our services integrate or link to third-party services and websites, including payment processors, cloud infrastructure providers, AI model providers and analytics tools. We are not responsible for the content, policies or practices of third parties. Your use of third-party services is subject to their own terms and privacy policies.
We may share certain data with third-party service providers to the extent necessary to operate our services. These arrangements are described in our Privacy Policy.
14. Disclaimers
To the maximum extent permitted by applicable law, our services are provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied or statutory. We expressly disclaim all implied warranties of merchantability, fitness for a particular purpose, non-infringement and title.
We do not warrant that: (a) our services will be uninterrupted, timely, secure or error-free; (b) any outputs will be accurate, complete or reliable; (c) defects will be corrected; or (d) our services or the servers that host them are free of viruses or harmful components.
Nothing in these Terms affects any statutory consumer rights you may have under the laws of your country that cannot be excluded by contract.
15. Limitation of Liability
To the maximum extent permitted by applicable law, Subliminal Inc., its directors, officers, employees, agents and licensors shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including but not limited to: loss of revenue, loss of profits, loss of data, loss of goodwill, or cost of substitute services, arising out of or in connection with your use of or inability to use our services.
Our total aggregate liability to you for any and all claims arising from or related to your use of our services shall not exceed the greater of: (a) the total amount you paid us in the twelve calendar months immediately preceding the event giving rise to the claim; or (b) US $50.
Some jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above limitations may not apply and you may have additional rights.
Nothing in these Terms limits our liability for death or personal injury caused by our negligence, fraud, fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
16. Indemnification
You agree to defend, indemnify and hold harmless Subliminal Inc. and its affiliates, directors, officers, employees and agents from and against any claims, damages, penalties, losses, costs and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of our services in violation of these Terms; (b) Your Content; (c) your violation of any applicable law or the rights of any third party; or (d) your wilful misconduct or fraud.
17. Disputes and Arbitration
We encourage you to contact us first at [email protected] to resolve any dispute informally. Most concerns can be addressed quickly through direct communication.
For users located in the United States: Except for disputes that qualify for small claims court, any dispute arising out of or relating to these Terms or our services shall be resolved by binding individual arbitration administered by a recognised arbitral body under its consumer arbitration rules. You and we each waive the right to a jury trial and the right to participate in class-action litigation. You may opt out of arbitration within 30 days of first agreeing to these Terms by sending written notice to [email protected].
For users located in the European Union, United Kingdom or other jurisdictions: Nothing in these Terms prevents you from bringing a dispute before your local courts or submitting a complaint to your national consumer protection authority or data protection supervisory authority. EU consumers may also use the European Commission's Online Dispute Resolution platform.
18. Termination
You may stop using our services at any time. If you have an account, you may request deletion by contacting [email protected].
We may suspend or terminate your access to all or part of our services at any time, with or without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent or abusive behaviour, or if continued access poses a risk to our services or other users.
On termination, all licences granted to you under these Terms will cease. Sections that by their nature should survive termination (including intellectual property, disclaimer, liability, indemnification, and governing law provisions) shall survive.
19. Changes to These Terms
We may update these Terms from time to time to reflect changes in our services, legal requirements or business practices. We will post the revised Terms on this page with an updated "last updated" date. For material changes, we will provide reasonable advance notice by email or by a prominent notice on our website.
Your continued use of our services after the effective date of any revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must stop using the services.
20. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Subject to the arbitration provision above, any legal proceedings arising from or relating to these Terms shall be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to personal jurisdiction in those courts.
If you are an EU consumer, you may also benefit from any mandatory consumer protection provisions of the law of your country of residence. These Terms do not affect your rights under mandatory local law.
21. Miscellaneous
Entire agreement. These Terms, together with our Privacy Policy and any applicable product-specific terms, constitute the entire agreement between you and Subliminal Inc. with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings.
Severability. If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall be deemed severable from the remaining provisions, which shall continue in full force and effect.
Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations freely, including in connection with a merger, acquisition or sale of assets, provided we give reasonable notice.
Language. These Terms are provided in English. In the event of a conflict between an English version and a translated version, the English version shall prevail to the extent permitted by applicable law.
Force majeure. Neither party shall be liable for delays or failures in performance resulting from causes beyond their reasonable control, including acts of God, natural disasters, pandemic, war, civil unrest, government action, power or internet outages, or third-party service failures.