Clearcoat - Terms of Service

Introduction

Welcome to Clearcoat! These Terms of Service ("Terms") constitute a legally binding agreement between you, the end user ("User," "you," or "your"), and Clearcoat ("Clearcoat," "we," "our," or "us"), governing your access to and use of the Clearcoat website (clearcoat.ai) (the "Site") and our AI car photography services, features, and functionalities made available through the Site (collectively, the "Services").

By accessing or using the Site and Services, you hereby:

• Expressly acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
• Accept and agree to be legally bound by all provisions contained within these Terms.
• Consent to our Privacy Policy, which is incorporated by reference and available at our Privacy Policy page.
• Represent and warrant that you will comply with all applicable local, state, national, and international laws and regulations in your use of the Services.

If you do not agree to these Terms, you may not access or use our Services.

1. Description of Services

Clearcoat provides an AI car photography service designed to assist users in transforming vehicle photographs into professional-quality images. Our Services may include, but are not limited to:

• AI-powered background replacement (e.g., parking lot to showroom, studio, or scenic environments).
• Consistent lighting and color correction.
• License plate blurring.
• Reflection and shadow generation.
• Weather and time-of-day variations.

Clearcoat continuously modifies and improves its Services. We reserve the right to introduce new features, modify existing ones, or discontinue any part of our Services at any time, with or without notice.

Service Tiers:

Free Tier: Users on the Free Tier may receive a limited number of credits for generating images. Specific limitations for the Free Tier will be detailed on our Site.

Paid Tier(s): Users on Paid Tiers, typically involving a recurring monthly subscription fee, will receive an allotment of credits, access to enhanced features, and other benefits as described in the specific subscription plan chosen.

2. User Accounts

To access and use certain features of the Services, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain the security and confidentiality of your account credentials (e.g., password).
• Be solely responsible for all activities that occur under your account, whether or not you have authorized such activities.
• Notify us immediately at hello@clearcoat.ai of any unauthorized use of your account or any other breach of security.

Clearcoat is not liable for any loss or damage arising from your failure to comply with these requirements.

3. Intellectual Property

a. User Input and Output:

• "Input" means any vehicle photographs, editing preferences, and other content you provide to the Services.
• "Output" means the processed images and related content generated by Clearcoat's Services in response to your Input.
• As between you and Clearcoat, and to the extent permitted by applicable law, you retain ownership of your Input.
• Subject to your compliance with these Terms, Clearcoat grants you full ownership rights to the Output generated specifically for you through your use of the Services. You are free to use such Output for any lawful purpose, including commercial purposes.

b. Clearcoat's License to Your Content:

You grant Clearcoat a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and process your Input and Output solely for the purpose of providing, maintaining, and improving the Services for your benefit. This includes troubleshooting, quality assurance, and developing features directly related to your user experience.

c. Restrictions on Use of User Content for General AI Model Training:

Clearcoat shall not use, retain, or access your Input or the Output generated for you for the purposes of training, fine-tuning, or improving its general, underlying machine learning models or artificial intelligence systems that serve other users, unless you explicitly opt-in to such a program. Your content will be treated as confidential in this regard.

d. Clearcoat's Intellectual Property:

The Services, including the Site, underlying AI models, algorithms, software, design, text, graphics, logos, and other content created by Clearcoat (excluding your Input and Output as defined above) are the property of Clearcoat or its licensors and are protected by intellectual property laws. You are granted no rights in or to such proprietary technology and content except as expressly set forth in these Terms.

e. Non-Exclusivity of Output:

Due to the nature of generative AI, it is possible that the Services may generate the same or similar Output for Clearcoat or a third party if they provide similar Input. You acknowledge that Output generated for other users is not considered your Output.

f. Attribution for Free Tier:

Notwithstanding the foregoing, users on the Free Tier acknowledge and agree that Clearcoat may append a discrete visual attribution, such as "Powered by Clearcoat" or a Clearcoat logo, to images generated using the Free Tier of the Services. Such attribution is intended to identify Clearcoat as the enabling platform and shall not be construed as a claim of ownership by Clearcoat over the User's Output.

4. Acceptable Use Policy

You agree not to use the Services for any unlawful purpose or in any way that violates these Terms. You specifically agree not to:

• Upload, transmit, or generate any Input or Output that is unlawful, harmful, abusive, defamatory, obscene, infringing on any third party's rights (including intellectual property, privacy, or publicity rights), or otherwise objectionable.
• Use the Services to engage in any activity intended to damage, disrupt, or gain unauthorized access to any system, data, or network.
• Attempt to decompile, reverse engineer, disassemble, or otherwise derive the source code of the Services or its underlying AI models.
• Access, tamper with, or use non-public areas of the Services, Clearcoat's computer systems, or the technical delivery systems of Clearcoat's providers.
• Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures.
• Interfere with or disrupt the access of any user, host, or network, including by overloading, flooding, spamming, or otherwise abusing the Services.
• Use the Services for competitive analysis or to build a product or service that competes with Clearcoat.
• Scrape, data mine, or systematically collect data from the Services without our express prior written consent.
• Impersonate or misrepresent your affiliation with any person or entity.

Clearcoat reserves the right to investigate and take appropriate remedial action, including but not limited to suspending or terminating your account and access to the Services, without notice, for conduct that we believe violates these Terms or is harmful to Clearcoat, other users, or third parties.

5. Fees, Payments, and Subscriptions

a. Fees:

Certain aspects of the Services, particularly those associated with Paid Tiers, are provided for a fee. Users on Paid Tiers agree to pay a recurring monthly subscription fee, which grants access to a specified number of credits and other premium features as outlined in their chosen subscription plan. Users on the Free Tier may access a limited number of credits or features at no charge. All applicable fees will be described on our Site or at the point of purchase/subscription.

b. Payment Processing:

Payments are processed through a third-party payment processor (e.g., Stripe). By providing your payment information for a Paid Tier, you authorize us and our payment processor to charge the applicable recurring monthly fees. Clearcoat does not store your payment card information. You agree to be bound by the terms and conditions of our third-party payment processor.

c. Subscriptions:

Paid Tier subscriptions are billed on a monthly basis and will automatically renew at the end of each monthly subscription period unless you cancel it in accordance with the cancellation policy.

d. Price Changes:

We reserve the right to change our prices. We will provide you with reasonable notice of any price changes, typically at least 30 days before the changes take effect.

e. Taxes:

All fees are exclusive of applicable taxes, which you are responsible for paying.

6. Cancellation and Refund Policy

a. Cancellation:

You may cancel your Paid Tier subscription at any time through your account settings on the Site or by contacting us at hello@clearcoat.ai. Your cancellation will take effect at the end of the current monthly billing cycle, and you will retain access to the paid features until then. No further charges will be made after the effective cancellation date.

b. Refunds:

UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW OR AT CLEARCOAT's SOLE DISCRETION, ALL FEES PAID ARE NON-REFUNDABLE. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS, UNUSED CREDITS, OR UNUSED SERVICES.

7. Termination

a. By You:

You may terminate these Terms at any time by ceasing all use of the Services and deleting your account, if applicable.

b. By Clearcoat:

We reserve the right to suspend or terminate your access to the Services, in whole or in part, at our discretion, with or without notice, if we believe you have:

• Violated these Terms.
• Engaged in conduct that is harmful to Clearcoat, other users, or third parties.
• Failed to pay applicable fees.
• If we are required to do so by law.

c. Effect of Termination:

Upon termination, your right to access and use the Services will immediately cease. Any provisions of these Terms that by their nature should survive termination will survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability). Clearcoat may, at its discretion, delete your uploaded photographs and generated images upon termination.

8. Disclaimers

a. "AS IS" SERVICE:

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

b. AI OUTPUT ACCURACY:

YOU ACKNOWLEDGE THAT THE PROCESSED IMAGES AND CONTENT (COLLECTIVELY "OUTPUT") GENERATED BY THE AI CAR PHOTOGRAPHY SERVICE ARE CREATED BY AN ARTIFICIAL INTELLIGENCE SYSTEM. WHILE WE STRIVE FOR QUALITY AND REALISM, Clearcoat DOES NOT WARRANT THAT THE OUTPUT WILL BE ACCURATE, COMPLETE, ERROR-FREE, OR SUITABLE FOR YOUR SPECIFIC NEEDS. GENERATED IMAGES MAY NOT PERFECTLY REPRESENT THE ACTUAL VEHICLE. COLORS, LIGHTING, AND REFLECTIONS ARE AI-GENERATED APPROXIMATIONS. BACKGROUNDS ARE SYNTHETIC. YOU ARE RESPONSIBLE FOR VERIFYING THE ACCURACY OF ALL OUTPUT BEFORE USE IN VEHICLE LISTINGS OR OTHER MATERIALS.

c. USER RESPONSIBILITY:

YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VALIDATING ANY OUTPUT, INCLUDING ANY GENERATED IMAGES. YOU AGREE TO USE THE OUTPUT AT YOUR OWN RISK AND ACKNOWLEDGE THAT Clearcoat IS NOT LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR USE OF OR RELIANCE ON THE OUTPUT, INCLUDING BUT NOT LIMITED TO INACCURACIES IN GENERATED IMAGES, COLOR OR LIGHTING VARIATIONS, OR OTHER IMPERFECTIONS IN THE OUTPUT. YOU ARE RESPONSIBLE FOR ENSURING ANY GENERATED IMAGES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

d. NO GUARANTEE OF UNINTERRUPTED SERVICE:

WE DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. DATA LOSS MAY OCCUR. YOU ARE RESPONSIBLE FOR BACKING UP YOUR CONTENT.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Clearcoat, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF Clearcoat HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

• (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
• (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
• (III) ANY OUTPUT OR CONTENT OBTAINED FROM THE SERVICES; OR
• (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL Clearcoat's AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (USD $100) OR THE AMOUNTS PAID BY YOU TO Clearcoat FOR THE USE OF THE PAID SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless Clearcoat, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property, privacy, or property right; or (iv) any claim that your Input or use of Output caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within the State of Delaware for the resolution of any disputes.

12. Changes to Terms

Clearcoat reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, which may be provided via email to the address associated with your account or by posting a notice on our Site. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Services.

13. Data Privacy and Security

Your privacy is important to us. Our collection and use of personal information in connection with the Services is described in our Privacy Policy, which is available at our Privacy Policy page and incorporated herein by reference. We implement reasonable security measures to protect your information, but we cannot guarantee absolute security.

14. Third-Party Services

The Services may integrate with or allow you to access third-party websites, services, or resources (e.g., payment processors, APIs). You acknowledge that Clearcoat does not endorse and is not responsible or liable for the availability, accuracy, content, products, or services of such third parties. You are solely responsible for your use of any such third-party services and for complying with their terms and privacy policies.

15. General Provisions

a. Entire Agreement:

These Terms (including the Privacy Policy and any other documents incorporated by reference) constitute the entire agreement between you and Clearcoat concerning your use of the Services and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic).

b. Severability:

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

c. No Waiver:

The failure of Clearcoat to enforce any right or provision of these Terms will not be considered a waiver of those rights.

d. Assignment:

You may not assign or transfer these Terms, by operation of law or otherwise, without Clearcoat's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Clearcoat may assign or transfer these Terms, at its sole discretion, without restriction.

e. Notices:

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Clearcoat (i) via email (to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

16. Contact Us

If you have any questions about these Terms, please contact us at: