1. Who we are; scope
The GENCY lite service and the GENCY for Shopify app (together, the "Service") are operated by GENCY, INC., a Delaware corporation ("GENCY", "we", "us"). These Terms are a binding agreement between you and us. The seller and billing party for your subscription depends on your payment method, as set out in Section 9 and the Refund Policy. Country-specific terms in Section 15 apply to consumers in Korea and the EEA and prevail over any conflicting provision to the extent required by mandatory local law.
2. Eligibility & accounts
You must be at least 18 and able to form a binding contract. You are responsible for your credentials and for all activity under your account, and agree not to share the account with unauthorized users.
3. The Service & beta features
Some features are offered as "beta" on an "as is" and "as available" basis and may change, be added, or be removed. We may adjust features, credit allowances, plan limits, and pricing on reasonable notice; for material changes affecting an existing paid subscriber we give at least 14 days' notice and honor the term already prepaid.
4. Acceptable use
You agree not to use the Service to: (a) upload or generate content that infringes third-party intellectual-property, publicity, or privacy rights; (b) create unlawful, deceptive, defamatory, or hateful content, sexual content involving minors, or deepfakes of real persons without their consent; (c) produce listings for counterfeit goods or that infringe trademarks; (d) reverse-engineer, scrape, or overload the Service, or circumvent credit or usage limits; or (e) use outputs in violation of marketplace rules (e.g. Amazon, Shopify), applicable AI-disclosure laws, or export-control / sanctions laws (including U.S. OFAC).
5. Your content & the licenses you grant
You retain ownership of the images and text you upload ("Your Content"). You grant GENCY and its sub-processors a worldwide, non-exclusive, royalty-free licence to host, process, transmit, and display Your Content solely to provide and improve the Service for you. You represent and warrant that you hold all rights and consents necessary for Your Content, including, for any identifiable individual depicted, that person's consent / model release for the uses in the Service (e.g. virtual try-on, face features).
6. AI-generated output
(a) Use. Subject to these Terms and the underlying model providers' terms, you may use the outputs the Service generates for lawful purposes, including commercial marketplace listings. (b) Non-exclusive results. Comparable outputs may be generated for other users. (c) No accuracy warranty. Outputs are produced by AI and may be inaccurate or "hallucinated"; you are solely responsible for reviewing and verifying every output — including claims, measurements, regulatory statements, and IP clearance — before you publish or rely on it. (d) Third-party IP. We do not warrant that outputs are free of third-party rights; ensuring outputs do not infringe is your responsibility. (e) AI disclosure. You are responsible for complying with any platform or legal requirement to disclose AI-generated content (e.g. Amazon policies, the EU AI Act) that applies to you. (f) Review responsibility. The Member understands that AI-generated output may be inaccurate or may infringe third-party rights, and the Member is responsible for any use of such output without review or correction.
7. Third-party services & AI providers
To generate outputs, Your Content and prompts are transmitted to third-party AI model providers and infrastructure providers listed in our Privacy Policy, and are handled under their terms. Integrations with marketplaces (Amazon, Shopify) are subject to those platforms' own terms.
8. Subscriptions, credits & billing
Paid plans are billed in advance on a monthly or annual basis. Credits reset each billing cycle, do not roll over unless stated, have no cash value, are non-transferable, and are forfeited on cancellation. Certain AI actions consume a variable number of credits up to a maximum shown before you run them. Subscriptions auto-renew until cancelled. Withdrawal rights, refunds, taxes, and renewal notices are described in the Refund Policy.
9. Payment processing & seller of record
Payments are handled by PCI-DSS-compliant payment partners. For payments processed by Creem, the subscription is sold and billed by Studio Lab (Republic of Korea), with Creem acting as Merchant of Record (the seller of record and receipt issuer, responsible for collecting and remitting applicable taxes); your card statement may show Creem. For payments processed by Stripe, the billing entity is GENCY, INC. (USA). We are onboarding Stripe and will phase Creem out over a transition period during which both may be active. For merchants who subscribe through the GENCY for Shopify app, the subscription is billed by Shopify through the Shopify App Store (Shopify-managed app billing): Shopify charges you, issues the invoice, and handles related refunds under Shopify's terms and the guidance shown in the app, and the charge appears on your Shopify account rather than on a Creem or Stripe statement. In all cases we store only customer and subscription identifiers, not full card numbers. Seller and business details are in the Refund Policy.
10. Suspension & termination
You may cancel at any time. We may suspend or terminate your account for breach of these Terms, risk to the Service or others, or where required by law. On termination, unused credits are forfeited and data is handled per the Privacy Policy retention terms.
11. Disclaimers
Except where prohibited by law, the Service is provided "as is" and "as available" without warranties of any kind, including as to accuracy of AI outputs, availability, or fitness for a particular purpose.
12. Limitation of liability
To the maximum extent permitted by law, our aggregate liability for any claim arising out of these Terms or the Service is limited to the greater of the amounts you paid us in the 12 months before the claim or USD 100. We are not liable for indirect, incidental, or consequential damages. Nothing in this Section limits liability that cannot be excluded under mandatory law, including the statutory rights of consumers in Korea and the EEA.
13. Indemnification
You will defend and indemnify GENCY against third-party claims arising from Your Content, from outputs you publish, from your breach of these Terms, or from your violation of law or third-party rights (including IP, publicity, and privacy). This Section does not apply to the extent your liability cannot be imposed under the mandatory consumer law applicable to you.
14. Intellectual property; copyright complaints
GENCY and its licensors own all rights in the Service. To report content you believe infringes your copyright, contact us at copyright@studiolab.ai. We terminate repeat infringers where appropriate.
15. Country-specific terms & governing law
(a) General. These Terms are governed by the laws of the State of Delaware, USA, excluding conflict-of-law rules, and the state and federal courts located in Delaware have jurisdiction. (b) EEA consumers. Nothing here deprives you of the mandatory protections of your country of residence; you may bring proceedings there, and your statutory withdrawal rights apply as set out in the Refund Policy. (c) Korea consumers. Mandatory rules including the Act on Consumer Protection in Electronic Commerce (전자상거래법) prevail; the mail-order seller information and cancellation rights are in the Refund Policy.
16. Changes
We give at least 14 days' notice of material changes by email or in-app. Korea mail-order seller information is in the Refund Policy.