Terms of Service
The agreement between you and us when you use Jinkō-Mage. Section 7 covers what we may and may not do with your images, and section 6 covers who owns what we produce.
1. This agreement
These terms are between you and [registered company name], trading as Jinkō-Mage. By creating an account or using our products you accept them. If you are accepting on behalf of a company, you confirm you are authorised to bind it. Our Privacy Policy forms part of these terms.
2. Eligibility and accounts
You must be 18 or over and using the product for business purposes. Keep your password to yourself, and tell us promptly if you think someone else has got into your account. You are responsible for what happens under your login. One account per organisation unless we agree otherwise in writing.
3. Plans, credits and billing
Our products run on credits. Each action costs a stated number of credits and the cost is shown before you run it. Plans renew automatically for the same period unless you cancel before renewal. Prices are shown on our pricing page and we will give you notice before changing them.
Credits are consumed only when an action succeeds. If a generation fails because of a fault on our side, it does not cost you credits. Unused credits [roll over / expire at period end].
Payment is taken by our payment processor. We do not receive or store your full card details.
4. Refunds
If the service fails and we cannot put it right, contact us within [refund window, e.g. 14 days] and we will refund the credits or the payment for the affected work. We do not refund credits that were consumed by successful generations you simply did not like, because the compute was spent producing them. Statutory rights that apply to you are not affected by this.
5. Your images, and what you promise us
You keep ownership of everything you upload. Nothing here transfers your images to us.
When you upload something, you confirm that:
- you own it, or you have the rights and permissions to use it and to let us process it;
- where a recognisable person appears, you have the releases needed to use their likeness for the purpose you are using it for;
- it does not infringe anyone's intellectual property, privacy or other rights;
- it is not unlawful, and it is not material we prohibit in section 8.
You grant us a licence to store, process and modify your images strictly to provide the service and for the purposes in section 7. That licence ends when you delete the material or close your account, except where we must keep records by law.
6. Who owns the output
You own the images we generate for you, to the extent that ownership is available in law, and you can use them commercially. We assign to you whatever rights we have in them.
Two honest qualifications. First, the law on copyright in AI-generated images is unsettled in several countries, and in some of them such an image may not attract copyright at all. We can transfer what we hold; we cannot manufacture a right that does not exist. Second, generated images are not unique by nature, and another customer's unrelated request could produce a visually similar result. We do not grant exclusivity over a style or a look.
We keep ownership of our software, models, prompts and interfaces.
7. How we may use your images
The short version
We do not use your images to train AI models unless you give us separate written consent.
Without that consent, your images are used to produce the work you asked for, and to find and fix faults in our software. That is people looking at results and changing code, prompts and quality checks. It is not model training.
If you do give written consent, we may train a model on your images. That model is used to produce your work. It is not offered to other customers and it is not folded into a general model we sell to everyone.
Without your written consent
We use the images you upload, and the images we generate from them, only to:
- produce and deliver the output you asked for;
- investigate faults, quality problems and support requests, including cases you report to us and cases our automated quality checks flag;
- improve our software from what those investigations teach us, by changing our code, our instructions to the models we use, and our quality checks;
- keep aggregate operational statistics, such as how often a check fails, which contain no images.
None of that involves training or fine-tuning model weights on your images.
With your written consent
If you give specific written consent, we may additionally use your images to train or fine-tune models. Where we do:
- Scope. The resulting model is used to produce your work. We do not offer it to other customers, and we do not merge your images into a general-purpose model sold to others, unless a separate agreement says so in terms.
- Specificity. Consent covers the images, the purpose and the period named in the consent document. It is not a blanket permission and it is not buried in these terms. It is a separate document you sign.
- Withdrawal. You can withdraw consent at any time, in writing. We then stop using your images for training, and remove them from the training set.
- What withdrawal cannot undo. We will be straight with you about this: removing images from a training set stops future training, but a model that has already been trained cannot always be returned to the state it was in beforehand. Where a model can be retrained or rolled back we will do it and tell you when. Where it cannot, we will tell you that instead, rather than imply an erasure we cannot perform.
Our own material
We train primarily on images we own and produce ourselves, using our own garments, our own sample rooms and our own generated results. That is the default source for our model development and it involves no customer material at all.
8. Acceptable use
Do not use our products to produce or process:
- sexual content, or any depiction of a minor in a sexual context;
- images of a real person made to deceive, including anything presented as a genuine photograph of something that did not happen;
- content that harasses, defames or incites violence against anyone;
- material you do not have the rights to, including another brand's product photography;
- property images altered so as to misrepresent a property in a listing, where doing so would breach the disclosure rules that apply to you. Our staging output must be labelled as virtually staged where your local rules require it, and that labelling is your responsibility.
Do not attempt to reverse engineer the service, extract our prompts or models, resell access, or run automated volume against it outside your plan.
9. What AI output can and cannot do
Our products generate images. They are tools, and they make mistakes.
Generated imagery may differ from the real product or property in colour, texture, proportion or detail. Check every image before you publish it. You are responsible for the accuracy of what you publish, and for meeting any advertising, marketplace or real-estate disclosure rules that apply to you. We provide the service as is, without a warranty that output will be fit for a particular purpose.
10. Availability
We aim to keep the service running but we do not promise it will be uninterrupted. We may need to take it down for maintenance, and we depend on third-party providers who have their own outages. We will give notice of planned downtime where we reasonably can.
11. Confidentiality
Your unreleased product photography is commercially sensitive and we treat it that way. We will not disclose your material to third parties except the providers described in our Privacy Policy, and we will not use it in our marketing, case studies or portfolio without your written permission.
12. Liability
Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot be limited by law.
Subject to that, our total liability to you for any claim is limited to what you paid us in the [e.g. the 12 months] before the claim arose, and we are not liable for lost profits, lost business, lost data or indirect losses.
13. Indemnity
If someone brings a claim against us because of material you uploaded, or because of how you used what we produced, you agree to cover our reasonable costs in dealing with it.
14. Suspension and termination
You can close your account at any time. We may suspend or close an account that breaches these terms, that is being used unlawfully, or where payment has failed and stayed unpaid after we have asked. Where the reason allows it, we will warn you first and give you a chance to put it right.
On closure you can export your images for [export window, e.g. 30 days], after which they may be deleted.
15. Governing law
These terms are governed by the laws of [India], and the courts of [city] have exclusive jurisdiction. If you are a consumer in a country whose law gives you the right to bring proceedings locally, that right is not affected.
16. Changes
We may update these terms. For material changes we will email you at least 30 days before they take effect, and continuing to use the service after that means you accept them. If you do not accept them you can close your account and we will refund the unused part of any prepaid period.
Section 7 is the exception, and it works in one direction only: we cannot change these terms to start training on images you gave us under an earlier version. Training needs consent obtained after you have seen what you are consenting to, every time.
17. Contact
[registered company name]
[registered address]
[email protected]