Terms of Service

1. Who we are

UtilizeXai (the “Service”) is operated by UtilizeXAI (“we”, “us”, “our”). By using the Service you agree to be bound by these Terms of Service (“Terms”) and form a binding contract with UtilizeXAI.

2. Acceptance

By creating an account, accessing, or continuing to use the Service, you agree to these Terms. If you do not agree, you must not use the Service. You confirm that you have authority to bind your organisation (where applicable) and are of legal age to enter into a contract.

3. The Service

UtilizeXai lets users scan images and generate AI-powered suggestions across categories such as food, fitness, landscaping, and creative projects. Outputs are generated by AI models and may be inaccurate. They are provided for general informational purposes and are not a substitute for professional advice (medical, nutritional, structural, legal, or otherwise).

4. Acceptable use

You must not misuse the Service. In particular, you agree not to:

• Use the Service for unlawful, fraudulent, or abusive purposes;
• Send spam, malware, or interfere with the security or integrity of the Service;
• Probe, scan, or scrape the Service or its infrastructure;
• Infringe intellectual property or privacy rights of others;
• Generate illegal content, deepfakes, hate speech, or content that sexualises minors;
• Attempt to jailbreak, bypass safety filters, or reverse-engineer the AI models.

5. AI content, inputs and outputs

You are responsible for the prompts and images you submit and for how you use the outputs. You confirm that you have the rights necessary to upload any content you submit. We may moderate, filter, or refuse outputs, and we may suspend accounts that repeatedly produce infringing or prohibited content. AI outputs may be inaccurate; you are responsible for verifying them before relying on them.

6. Accounts

You must provide accurate registration information and keep it current. You are responsible for safeguarding your credentials and for all activity under your account.

7. Payment, subscriptions and billing

Payments are processed by Stripe. Stripe handles checkout, payment processing, tax calculation, and invoicing. By purchasing a subscription or credit pack, you also agree to Stripe's Services Agreement.

Subscriptions renew automatically until cancelled. You may cancel at any time from your account billing settings; cancellation stops future renewals and you keep access until the end of the current billing period. Credit packs are one-time purchases. All refund requests are reviewed on a case-by-case basis as described in our Refund Policy.

8. Intellectual property

We retain all rights, title, and interest in the Service, including its software, branding, and documentation. We grant you a limited, non-exclusive, non-transferable right to use the Service in accordance with your selected plan. You may not resell, redistribute, or reverse-engineer the Service.

9. Service availability

The Service is provided on an “as is” and “as available” basis. We do not guarantee that the Service will be uninterrupted, error-free, or meet your specific requirements. To the fullest extent permitted by law, we disclaim all implied warranties including merchantability and fitness for a particular purpose.

10. Liability

To the maximum extent permitted by law, our aggregate liability arising out of or in connection with the Service is limited to the amounts paid by you to us in the 12 months preceding the event giving rise to the claim. We are not liable for indirect, consequential, or special damages, including loss of profits, data, or goodwill. Nothing in these Terms excludes liability that cannot be excluded by law.

11. Indemnity

You agree to indemnify and hold us harmless from claims arising from your content, your use of the Service, or your breach of these Terms.

12. Suspension and termination

We may suspend or terminate your access to the Service if you materially breach these Terms, fail to pay fees, present a security or fraud risk, or repeatedly violate our policies. On termination, your right to use the Service ends. You may request export of your account data within a reasonable window before deletion.

13. Changes

We may update these Terms from time to time. Material changes will be communicated through the Service. Continued use after changes constitutes acceptance.

14. Governing law

These Terms are governed by the laws of New Zealand. The courts of New Zealand will have exclusive jurisdiction over any disputes, except where mandatory consumer law provides otherwise.

15. Contact

For questions about these Terms, payment, refund, or invoice matters, contact UtilizeXAI through the in-app support channel. Payments are processed by Stripe.