Terms of Service

These Terms of Service ("Terms") govern your access to and use of Unsame (the "Services"), operated by Foremind, LLC ("Unsame", "we", "us", or "our"). By creating an account or using the Services, you agree to these Terms and our Privacy Policy. Our Refund Policy and Shipping Policy are part of these Terms for any purchase you make. If you do not agree, do not use the Services.

You must be at least 13 years old to use the Services, and at least 18 (or the age of majority where you live) to make purchases. Signing in is done through your Google account; we never see or store your Google password. You are responsible for your account and all activity under it — notify us immediately at support@unsame.ai if you suspect unauthorized use. You consent to receive transactional emails about your account and orders (such as order confirmations and shipping updates) at the email address on your account.

Unsame lets you design custom stuff, publish your designs for others to discover, and buy products featuring your designs or designs published by other users. Every product is made to order: when you buy, the item is produced for you by our production partners and shipped to your address. Product pages show which options (sizes, colors, product types) are available.

You retain ownership of the designs, images, and other content you create or upload ("User Content"). By using the Services, you grant Unsame a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, display, reproduce, and adapt your User Content as needed to operate and promote the Services — including rendering product previews, producing and fulfilling orders through our production partners, and displaying your published designs to other users.

You can unpublish a design at any time. The license continues for orders placed before you unpublished and for records we are required to keep, and then ends for all other purposes.

You represent and warrant that you own or have the necessary rights to your User Content, and that it does not infringe the intellectual property, publicity, privacy, or other rights of any third party.

The Services include AI-assisted design tools. You are responsible for the prompts and reference material you submit, and for reviewing generated output before you publish or purchase it. Output created with AI assistance may resemble output generated for other users, and the scope of intellectual property protection for AI-assisted work varies under applicable law — we do not guarantee that any design is unique or legally protectable. As between you and Unsame, designs you create with the tools are treated as your User Content, subject to these Terms.

When you publish a design, other users can discover it and buy products featuring it. When someone else buys a product featuring your published design, you can earn platform credits as a reward:

• Reward amounts are fixed per qualifying sale and depend on your subscription plan, as shown on our pricing page;
• Rewards start as pending and become available after the order is delivered; they are voided if the order is canceled, refunded, or cannot be fulfilled;
• Purchases of your own designs do not qualify, and daily earning limits may apply;
• Reward credits are platform credits under Section 9: they have no cash value and cannot be withdrawn, transferred, or redeemed for money.

We may adjust or discontinue the rewards program at any time. Changes apply prospectively only — they do not affect credits already in your balance or rewards already pending at the time of the change.

You may not create, upload, publish, or sell content that:

• Infringes any third party's copyright, trademark, publicity, or other rights;
• Is unlawful, hateful, harassing, defamatory, or sexually exploitative;
• Depicts real persons without their consent;
• Promotes violence or illegal activity.

You also may not interfere with the operation of the Services, attempt to access other users' accounts, scrape the Services, or use them to build a competing product. We may remove content, withhold publication, cancel affected orders, or suspend accounts that violate these Terms.

Product prices and shipping costs are shown at checkout before you pay. Shipping is quoted in real time based on your order and delivery address; if sales tax applies to your order, it will be shown at checkout. Payments are processed by our third-party payment processor — your card details never touch our servers. All products are made to order, so cancellations, refunds, and replacements work as described in our Refund Policy; delivery timelines and address rules are in our Shipping Policy.

Promotional codes and offers are subject to the conditions stated with them, are limited to one per order unless stated otherwise, have no cash value, and may be modified or withdrawn at any time. Refunds for orders placed with a promotional code are based on the amount you actually paid.

The Services use a credit system for AI features. Credits are consumed when you use AI features and may be granted through subscriptions, daily allowances, achievements, creator rewards, or promotions, or purchased as credit packs. Credits are a limited license to use features of the Services: they have no cash value, are non-transferable, and cannot be redeemed for money.

Credits expire based on how you received them, and credits closest to expiring are always spent first:

• Credits included with a paid subscription are valid for the billing period in which they are granted;
• Daily free credits are valid for one day;
• Achievement (badge) reward credits, creator reward credits, and welcome credits do not expire unless an expiration is stated when they are granted;
• Purchased credit packs do not expire.

Credit pack purchases are final and non-refundable once the credits are added to your balance, except where required by law. If an AI action fails on our side, the credits consumed by that action are returned to your balance.

Subscription plans renew automatically until canceled. You can manage or cancel your subscription anytime from your billing settings; cancellation takes effect at the end of the current billing period, and fees already paid are non-refundable except where required by law. We may change plan pricing or included credit amounts with advance notice, effective from your next billing period.

We respect intellectual property rights and respond to notices of alleged infringement consistent with the Digital Millennium Copyright Act (DMCA). Our designated agent for receiving infringement notices (Copyright Agent, Foremind, LLC) is registered with the U.S. Copyright Office's DMCA Designated Agent Directory. To report infringing content, email our Copyright Agent at support@unsame.ai with: identification of the copyrighted work, the URL or location of the allegedly infringing material, your contact information, a statement of good-faith belief that the use is unauthorized, and a statement, under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act for them. If your content was removed in response to a notice and you believe that was a mistake or misidentification, you may send us a counter-notification meeting the DMCA's requirements at the same address. We may remove content and terminate the accounts of repeat infringers.

The Services themselves — including the software, site design, and Unsame name and logo — are owned by us or our licensors and are protected by law. Except for your User Content, nothing in these Terms gives you rights in the Services, and you may not use our branding without written permission.

You may stop using the Services and delete your account at any time from your settings page. We may suspend or terminate your access if you violate these Terms, and we may modify or discontinue features of the Services as they evolve. Sections that by their nature should survive termination (including licenses for completed orders, disclaimers, limitations of liability, and Sections 15 and 16) survive.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any design will be unique or protectable. Your remedies for order issues are described in the Refund Policy.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNSAME WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

Please read this section carefully — it affects your legal rights.

• Talk to us first. Before filing a claim, email support@unsame.ai with a description of the dispute. Most issues get resolved this way. If we can't resolve it within 30 days, either side may proceed below.
• Binding arbitration. Any dispute arising out of these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (available at adr.org), instead of in court. Hearings will be held by videoconference or in the county where you live, as those rules provide. The Federal Arbitration Act governs the interpretation and enforcement of this section. Either side may instead bring an individual claim in small claims court, and either side may seek injunctive relief in court for intellectual property infringement.
• Class action waiver. Disputes will be resolved only on an individual basis — not as a plaintiff or class member in any class, consolidated, or representative action, and the arbitrator may not consolidate claims or preside over any form of class proceeding.
• Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing us with your name and account email stating that you opt out of arbitration. Opting out does not affect any other part of these Terms.

If the class action waiver is found unenforceable as to a particular dispute, then this entire Section 15 (other than the small claims and intellectual property carve-outs) is void as to that dispute, which will proceed in court — not in a class, consolidated, or representative arbitration. If the AAA is unavailable to administer an arbitration, the parties will select another consumer arbitration administrator or, failing agreement, proceed in court. The remainder of this section is severable, and this section survives termination of these Terms.

You agree to defend, indemnify, and hold harmless Unsame, Foremind, LLC, and their officers, employees, and partners from and against any claims, damages, and expenses (including reasonable attorneys' fees) arising out of your User Content, your breach of these Terms, or your violation of any law or the rights of a third party. We may assume the exclusive defense of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles (the Federal Arbitration Act governs Section 15). We may update these Terms from time to time; material changes will be notified by updating the date above and, where appropriate, additional notice. Continued use after changes take effect constitutes acceptance.

If any provision of these Terms is held unenforceable, the remaining provisions stay in effect. These Terms, together with the policies they incorporate, are the entire agreement between you and Unsame about the Services. We may assign these Terms to an affiliate or in connection with a merger or sale; you may not assign them without our consent. Our not enforcing a provision is not a waiver of our right to enforce it later.

Questions about these Terms? Email support@unsame.ai.