Terms of Service
Welcome to TAG-d.
These Terms of Service ("Terms") govern your use of our mobile application, website, and services (collectively, the "Services"). By accessing or using our Services, offered by The Company TAG-d. (“TAG-d.,” “TAG-D.,” “Company,” “we” or “us”) you agree to be bound by these Terms. Your use of our Application and Services is also subject to the End-User License Agreement (EULA) outlined in Section 12 of the Terms below.
ARBITRATION NOTICE FOR U.S. USERS: THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND A CLASS ACTION WAIVER THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. The Services
TAG-d. is an AI-powered service that allows Users to provide creative inputs like photography and design prompts ("Inputs") to generate custom sports graphics and digital posters ("Outputs"). The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We are constantly changing and improving the Services. We may add, alter, or remove functionalities or features, and we may suspend or stop a Service altogether. The quality, accuracy, and availability of AI-generated Outputs may vary.
2. Eligibility and User Accounts
You must be at least 13 years old and meet the minimum age of digital consent in your country to use the Services. If you are using the Services on behalf of a legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
You agree to provide accurate and complete information when creating your account and to keep this information up-to-date. You are solely responsible for all activity that occurs under your account and for maintaining the security of your password. You must notify us immediately of any unauthorized use of your account.
3. Intellectual Property Rights and Content
This section governs the ownership and use of content within the Services.
3.1. Your Inputs. You retain all your pre-existing ownership rights in the text prompts, images, and other content you submit to the Services as Inputs.
3.2. License You Grant to Us. To enable us to operate, secure, and improve the Services, you grant us a perpetual, worldwide, non-exclusive, sublicensable, royalty-free, and irrevocable license to use, host, store, reproduce, modify, create derivative works from (such as those resulting from translations, adaptations, or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display, and distribute your Inputs and Outputs. This license is for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services.
3.3. Your Outputs. To the extent permitted by applicable law, you own the Outputs you create using the Services. However, you acknowledge that the legal landscape for AI-generated works is new and evolving. We make no representations or warranties about your ability to claim copyright or other intellectual property rights in your Outputs. Your use of Outputs must comply with our Acceptable Use Policy (AUP) and the rights of third parties.
3.4. Our Intellectual Property. The Services, including the underlying AI models, software, branding, logos, and all other content provided by the Company (excluding your Inputs and Outputs), are and will remain the exclusive property of TAG-d. and its licensors. Our brand and intellectual property may not be used in connection with any product or service without our prior written consent.
3.5. DMCA and Copyright Policy. We respect the intellectual property of others. Please see our Copyright & IP Policy for information on how to report suspected copyright infringement.
4. Fees, Subscriptions, and Payment
4.1. Subscriptions. Some of our Services are offered on a subscription basis. By subscribing, you agree to pay the fees specified at the time of purchase. If you purchase packages of credits or “tokens” these purchases will not automatically be renewed or duplicated without additional package purchases. Such credits will remain in your account until they are consumed through your use of the Services.
4.2. Automatic Renewal. Your subscription will automatically renew at the end of each billing cycle unless you cancel it through your account settings before the end of the current period.
4.3. Price Changes. We may change the price for our subscriptions from time to time. We will provide you with reasonable prior notice of any price changes. Your continued use of the Service after the price change comes into effect constitutes your agreement to pay the modified price.
4.4. Payment. We use a third-party payment processor to handle payments. Your payment is subject to the terms and conditions of the payment processor.
4.5. No Refunds. All payments are non-refundable to the fullest extent permitted by law. There are no refunds or credits for partially used periods.
5. User Conduct and Content Policies
Your use of the Services and participation in our community must comply with our Acceptable Use Policy (AUP) and our Community Guidelines. Failure to comply with these policies constitutes a breach of these Terms and may result in the immediate suspension or termination of your account.
6. Termination
6.1. Termination by You. You are free to stop using our Services at any time and can request the deletion of your account from your account settings.
6.2. Termination by Us. We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, in our sole discretion, for any reason, including:
(a) A breach of these Terms or our incorporated policies.
(b) To comply with a legal requirement or court order.
(c) If we reasonably believe your conduct could cause harm or liability to us, our users, or third parties.
6.3. Statement of Reasons (EU Users). For users in the European Union, in accordance with the Digital Services Act (DSA), we will provide a statement of reasons for any such termination and information on how to appeal the decision.
6.4. Survival. Sections 3 (Intellectual Property), 7 (Disclaimers), 8 (Limitation of Liability), 9 (Indemnification), 10 (Dispute Resolution), and 11 (General Provisions) will survive any termination of these Terms.
7. Disclaimers of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY OUTPUTS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TAG-D., ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (C) ANY OUTPUTS OBTAINED FROM THE SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
9. Indemnification
You agree to defend, indemnify, and hold harmless TAG-d. and its affiliates, officers, agents, and employees from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, your Inputs or Outputs, or your violation of these Terms.
10. Dispute Resolution, Governing Law, and Venue
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES YOU TO ARBITRATE MOST DISPUTES WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
10.1. Governing Law. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Florida, without regard to its conflict of laws provisions.
10.2. Agreement to Arbitrate. You and TAG-d. agree that any and all disputes, claims, or controversies arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") will be resolved exclusively through final and binding arbitration, rather than in a court.
10.3. Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND TAG-D. AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND TAG-D. AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
10.4. Arbitration Rules. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Dispute Resolution section. The AAA Rules are available at www.adr.org. The arbitrator will have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
10.5. Pre-Arbitration Dispute Resolution. We are always interested in resolving disputes amicably and efficiently. Before you commence arbitration, you agree to first try to resolve the Dispute informally by contacting us at [legal@[yourcompany].com]. We'll try to resolve the Dispute informally by contacting you through email. If a dispute is not resolved within 30 days after submission, you or we may commence arbitration.
10.6. Exceptions to Agreement to Arbitrate. Notwithstanding the foregoing, either party may:
(a) Bring an individual action in small claims court if its claims qualify; and
(b) Bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or for intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration.
10.7. Right to Opt-Out. You have the right to opt out of and not be bound by the arbitration and class action waiver provisions set forth in this section by sending written notice of your decision to opt out to info@tag-d.com within thirty (30) days of first accepting these Terms. Your notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, all other parts of these Terms will continue to apply.
10.8. International Considerations. If you are a consumer based in a jurisdiction (e.g., the European Union or the United Kingdom) where applicable law gives you a mandatory right to bring a claim in the courts of your country of residence, nothing in this section is intended to override that right.
11. General Provisions
11.1. Entire Agreement. These Terms and the policies they incorporate constitute the entire and exclusive agreement between you and the Company regarding the Services.
11.2. Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
11.3. No Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11.4. Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms.
11.5. Changes to Terms. We may modify these Terms at any time. If we make changes that we believe are material, we will provide you with notice, such as by sending an email or displaying a notice within the Services. By continuing to use the Services after those changes become effective, you agree to be bound by the revised Terms.
12. End-User License Agreement (EULA)
This End-User License Agreement ("EULA") is a part of the TAG-d. Terms of Service and governs your use of the software application known as TAG-d. (the "Application") provided by TAG-d. ("we," "us," or "our").
By downloading, installing, or using the Application, you agree to be bound by the terms of this EULA. If you do not agree, do not install or use the Application.
12.1. Grant of License
Subject to your compliance with the Terms of Service and this EULA, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use one copy of the Application on a single personal device (e.g., mobile phone or tablet) that you own or control. This license is solely for your personal, non-commercial use, unless you have purchased a commercial subscription plan as outlined in our Terms of Service.
12.2. License Restrictions
The license granted in Section 12.1 is conditional upon your adherence to the following restrictions. You agree not to, and not to permit others to:
(a) Copy, modify, or create derivative works of the Application.
(b) Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Application to any third party.
(c) Reverse engineer, decompile, disassemble, or attempt to derive the source code, underlying ideas, algorithms, or structure of the Application, including the AI models.
(d) Use the Application for any purpose that is illegal, fraudulent, or infringes on the rights of others, as further detailed in our Acceptable Use Policy.
(e) Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the Application.
(f) Use the Application to build a competitive product or service or for any other purpose not expressly permitted by these terms.
12.3. Ownership
You acknowledge that the Application is licensed, not sold, to you. TAG-d. and its licensors retain all right, title, and interest in and to the Application, including all copyrights, patents, trademarks, trade secrets, and other intellectual property rights therein.
12.4. Third-Party Services and Open Source
The Application may contain or integrate with third-party software, services, or open-source components, which are subject to their own separate license terms. Your use of such components is governed by their respective licenses.
12.5. Termination
This EULA is effective until terminated. Your rights under this license will terminate automatically and without notice from us if you fail to comply with any term of this EULA or our Terms of Service. Upon termination, you must cease all use of the Application and destroy all copies, full or partial, of the Application in your possession or control.
12.6. App Store Provisions (Apple & Google)
You acknowledge and agree to the following:
(a) Acknowledgement: This EULA is concluded between you and TAG-d. only, and not with Apple, Inc. ("Apple") or Google, Inc. ("Google"). We are solely responsible for the Application and its content.
(b) Scope of License: The license granted is limited to use on devices that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service and Google Play Terms of Service.
(c) Maintenance and Support: Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
(d) Warranty: In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple or Google, and they may refund the purchase price for the Application to you; to the maximum extent permitted by applicable law, they will have no other warranty obligation whatsoever with respect to the Application.
(e) Product Claims & Third-Party IP Claims: We, not Apple or Google, are responsible for addressing any claims you or any third party may have relating to the Application, including product liability claims, legal or regulatory compliance claims, and intellectual property infringement claims.
(f) Contact Information: If you have any questions about these Terms, please contact us at info@tag-d.com.
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13. Contact Information
If you have any questions about these Terms, please contact us as info@tag-d.com.