Terms of Service

1. Introduction

Welcome to StarSmith. By accessing or using starsmith.ai and related services (the "Service"), you agree to be bound by these Terms of Service (the "Terms"). Please read them carefully, in particular the sections on account eligibility, content rules, subscription billing, and limitation of liability.

If you do not agree to these Terms, do not use the Service.

2. The Service

StarSmith is an AI content creation and operations assistant for creators. It provides:

• Inspiration planning — daily inspiration and creative direction;
• Image creation — images of you, generated from selfies you upload;
• Caption creation — social captions to accompany your images;
• Smith Agent — day-to-day creator management support including task reminders, check-in companionship, and creative suggestions, available on the web and through Telegram.

An account is required to use the Service. Some features require an active subscription, a credit balance, or additional payment.

StarSmith is an independent product that builds an interface and workflow layer on top of our own systems and third-party AI model services. Unless expressly stated otherwise, StarSmith is not affiliated with, sponsored by, or endorsed by the underlying model providers it uses.

We may add, change, or discontinue individual features at any time.

3. Accounts and Eligibility

• The Service is available only to users aged 18 and over. By registering you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.
• You must provide accurate registration information and are responsible for all activity under your account.
• You must safeguard your credentials. You may not transfer, sell, or share your account. Notify us immediately if you discover unauthorized use.
• You may not create multiple accounts to repeat one-time offers or circumvent usage limits.
• We may restrict features, suspend, or terminate your account if you breach these Terms or if there is a risk of fraud or abuse.

4. Likeness Authorization and Uploaded Material

This section is a precondition for using image generation. Please read it.

4.1 You may only upload your own likeness

Image generation requires you to upload a selfie of yourself. You may only upload your own likeness, or material for which you have explicit and sufficient authorization from the rights holder. By uploading, you represent and warrant that:

• you are the rights holder of that likeness, or you have obtained the rights holder's explicit authorization;
• you have the right to use that material for AI generation through the Service;
• the material does not depict any minor.

4.2 Expressly prohibited

The following are strictly prohibited:

• uploading another person's likeness for generation, including celebrities, public figures, or any unauthorized third party;
• uploading any likeness of a minor;
• impersonating another person, fabricating someone's identity, or producing depictions likely to cause others to mistake the subject's identity;
• generating content used to defraud, defame, harass, extort, or mislead others;
• infringing another person's likeness rights, copyright, trademark, or other lawful interests.

4.3 Our processing commitments

The images you upload are held in storage isolated per account and are used only to generate the content you request. We do not use your uploaded images, prompts, or generated results to train any AI model, do not share or sell them, and do not use them for identity recognition or user profiling. See our Privacy Policy for details.

4.4 Enforcement

We may use automated tooling and human review to identify violating content. Where we find a violation, we may refuse to generate, remove content, restrict features, or terminate the account, and we will cooperate with lawful investigations where required. Fees already paid are not refundable where an account is terminated for a violation.

5. Content Rules

5.1 Permitted use

The Service is for lawful, non-pornographic, non-NSFW creator content — for example social presence content, creative material, and personal brand content.

5.2 Prohibited content

You may not use the Service to generate or attempt to generate:

• any pornographic, sexually explicit, nude or partially nude, sexually suggestive, or adult-oriented content;
• any inappropriate content involving minors;
• content that violates applicable laws or regulations;
• hateful, discriminatory, violence-inciting, or personally abusive content;
• content that infringes intellectual property or other third-party rights;
• content used to harass, bully, exploit, or harm others;
• violent, graphic, or self-harm-related content;
• disinformation, fraudulent content, or misleading content presented as a real event;
• content concerning illegal goods or services.

5.3 Technical and anti-abuse limits

You may not:

• attempt to circumvent credit metering, usage limits, content moderation, or any security mechanism;
• abuse the Service or place abnormal load on our servers through automated scripts, scraping, or bulk requests;
• reverse engineer or decompile the Service, or attempt to extract the underlying models, prompts, or system implementation;
• access another user's account, data, or content without authorization;
• resell or sublicense the Service, or offer it as the backend capability of your own product.

5.4 Our discretion

We may refuse to process, block, remove, restrict access to, or terminate content or accounts that breach these Terms or create legal, safety, or abuse risk. We have no obligation to pre-screen all content, but we reserve the right to review and act.

6. Intellectual Property

6.1 Your material

You retain all rights in the material you upload. You grant us a limited, non-exclusive, royalty-free license to use that material solely as necessary to provide the Service to you — generating content, storing your creation history, and providing technical support. This license ends when you delete the material or close your account. It does not include use for model training.

6.2 Generated content

Provided you comply with these Terms, you may use images and captions generated through the Service for personal and commercial purposes, including publishing to social platforms, personal brand promotion, and commercial partnerships.

Please also note:

• AI-generated content may not be eligible for copyright protection in some jurisdictions, or protection may be limited. You should understand the rules that apply where you are.
• We do not warrant that generated results are original or unique; different users may receive similar results from similar inputs.
• You are responsible for ensuring your use of generated content complies with the rules of the platforms you publish on and with applicable law, including disclosing AI generation where required.
• You are responsible for the consequences of how you use generated content.

6.3 Our intellectual property

The software, interface, design, trademarks, copy, and other components of the Service are owned by us or our respective licensors. These Terms grant you no rights in them beyond what is necessary to use the Service.

6.4 Third-party material

Inspiration library material in the Service comes from third-party stock libraries and is subject to their respective license terms. Such material is provided as style and composition reference only. It may not be used as a source of any person's identity, and you may not redistribute it directly.

7. Subscriptions, Credits, and Billing

7.1 Plans

We offer a one-time Starter Trial and monthly Pro and Max subscriptions. Pricing, included allowances, and features are shown on the pricing page. Autopilot — daily automatic generation — is available only on Max, is off by default, and must be turned on by you.

7.2 How credits work

The Service is metered in credits, and generating an image consumes credits. Credits differ by source and validity:

• Starter Trial allowance — issued once and expires one calendar month after purchase;
• Subscription allowance — issued with each Pro or Max subscription period and expires at the end of that period; it does not roll over;
• Refill packs — purchasable repeatedly and cumulative; they never expire and are not reset by your subscription period.

Credits are deducted in order of nearest expiry first, with Refill credits deducted last. Credits are a virtual allowance with no monetary value. They cannot be withdrawn, transferred, or exchanged for cash.

7.3 Billing and renewal

• Subscriptions renew monthly until you cancel. Renewal is charged to your payment method at the price then in effect.
• Payments are handled by third-party payment processors. You must ensure your payment information is valid.
• If a renewal charge fails, we may suspend subscription benefits, including plan benefits and issuance of the subscription allowance.

7.4 Cancellation

You may cancel at any time from account settings or the subscription management portal. After cancellation:

• benefits already paid for remain available through the end of the current period;
• no further renewal charges occur;
• at the end of the period, unused plan allowance is reset, while Refill credits you purchased are retained.

7.5 Failed generations

If a generation fails for reasons attributable to our systems, credits are not deducted, and any credits already deducted are returned to your balance. If a generation does not run because of insufficient balance, missing required material, a disconnected Telegram link, or a content violation, no charge is made and no replacement attempt is granted. Where Autopilot skips a day, that day is not made up later.

7.6 Price changes

We may adjust pricing or allowances. Changes will be notified in advance and take effect from your next billing period. You may cancel before they take effect.

8. Refunds

Digital and virtual products, including subscriptions and credits, are generally non-refundable.

If you have a billing problem or wish to request a refund, contact support@starsmith.ai. We review requests case by case and generally respond within 3 business days.

Refunds are generally not available for credits already consumed, accounts terminated for breach of these Terms, or renewals resulting from a forgotten cancellation — though we may exercise discretion.

This section does not affect mandatory rights you have under applicable law, including statutory cooling-off or withdrawal rights in some regions.

9. Third-Party Services

The Service depends on third-party infrastructure and capabilities, including AI model services, cloud storage, payments, email, and messaging channels such as Telegram.

• When you use the Telegram channel, you must also comply with Telegram's own terms of service.
• The availability of third-party services is outside our control, and an outage may affect parts of the Service.
• We are not responsible for the acts of third-party services, but we will use reasonable efforts to select reliable providers.

10. Service Availability

We work to keep the Service stable but do not warrant that it will be uninterrupted, error-free, or always available. We may suspend or limit the Service for maintenance, upgrades, security incidents, or third-party dependency failures.

We reserve the right to modify, suspend, or discontinue any part of the Service. If we permanently discontinue the Service, we will give reasonable advance notice and make a reasonable arrangement for unused paid benefits.

11. AI Model Disclosure

Images produced through the Service are AI-generated content.

The underlying AI model currently used for image generation, including identity-preserving creation flows based on a selfie you have authorized, is ByteDance Seedream 5.0 Pro.

As the Service evolves, we may add, change, or replace the models and model service providers we use, and will update this section accordingly.

You may only upload images you own or are authorized to use, as described in Section 4.

12. The Nature of AI-Generated Output

You understand and agree that:

• AI output is non-deterministic, may not match your expectations, and may contain inaccurate, unnatural, or unintended elements;
• generated output does not constitute professional advice of any kind;
• suggestions from Smith Agent are automatically generated creative assistance and do not constitute business, legal, financial, or medical advice; you decide whether to act on them;
• we do not warrant that generated content will pass any third-party platform's review or achieve any particular reach or result.

13. Disclaimer

The Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted or error-free.

14. Limitation of Liability

To the maximum extent permitted by applicable law:

• we are not liable for indirect, incidental, special, punitive, or consequential damages, including lost profits, lost data, loss of goodwill, or business interruption;
• our total aggregate liability to you will not exceed the greater of the fees you actually paid us in the 12 months before the event giving rise to the claim, or USD 100;
• we are not liable for third-party claims arising from your use of generated content.

Some jurisdictions do not allow the exclusion or limitation of certain liabilities; in those places, the limitations above apply only to the extent permitted by law.

15. Indemnification

You agree to indemnify and hold harmless us, our affiliates, employees, and service providers from third-party claims, losses, liabilities, and expenses (including reasonable legal fees) arising from your breach of these Terms, your infringement of third-party rights, or your improper use of generated content.

16. Termination

• You may terminate at any time by closing your account in settings. Your data is then handled as described in the Privacy Policy.
• We may terminate — if you breach these Terms, engage in fraud or abuse, or if your use creates legal or safety risk for us or other users, we may suspend or terminate your account immediately, without prior notice where necessary.
• Sections on intellectual property, disclaimers, limitation of liability, and indemnification survive termination.
• Fees already paid are not refundable where an account is terminated for a violation.

17. Changes to These Terms

We may revise these Terms from time to time. The revised version will be posted on this page with a revised last-updated date. For material changes we will give additional notice, such as an in-product message or an email. Continuing to use the Service after changes take effect means you accept the revised Terms. If you do not accept them, stop using the Service and you may close your account.

18. General

• Severability — if any provision is held invalid or unenforceable, the remaining provisions continue in effect.
• No waiver — our failure to exercise a right is not a waiver of that right.
• Entire agreement — these Terms together with the Privacy Policy constitute the entire agreement between you and us regarding the Service.
• Assignment — you may not assign your rights or obligations under these Terms. We may assign them in connection with a merger, reorganization, or asset transfer.
• Language — the English version of these Terms governs. Any translation is provided for reference only.

19. Contact Us

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

support@starsmith.ai