Terms of Service

1. Agreement and Eligibility

These Terms of Service ("Terms") are an agreement between you and the operator of DermInk. They cover dermink.org, accounts, AI tattoo concept generation and editing, credits, and related paid features (the "Service"). By accessing, registering for, or using the Service, you agree to these Terms, our Privacy Policy, and the Refund & Cancellation Policy for purchases. Product, price, renewal, and payment terms clearly shown at checkout also form part of that transaction. If you do not agree, do not use the Service.

You must be at least 18 years old and able to enter into a binding contract. If you use the Service for a tattoo studio, company, or other organization, you represent that you may bind it to these Terms. The organization is also responsible for its authorized users.

2. The Service

DermInk is an independent AI tattoo-concept and image-editing product. You can use a prompt or one reference image that you may lawfully use to explore tattoo subjects, styles, compositions, sleeve directions, and stencil-style concepts in a private workspace. Outputs are visual references for ideation and discussion with a tattoo artist. They are not application-ready designs adapted to skin, body placement, tattooing technique, or long-term healing. DermInk is not an OpenAI product and is not affiliated with, endorsed by, sponsored by, or officially partnered with OpenAI.

The Service relies on third-party AI models and infrastructure, content safety, cloud hosting, object storage, authentication, analytics, email, and payment services. We may change models, providers, parameters, and queues for quality, availability, safety, cost, or legal reasons. We will not retroactively reduce purchased credits that have already been validly issued. Third parties may impose additional policies and technical limits. See the Privacy Policy for the related data processing.

3. Accounts

Generating images, uploading a reference, buying a product, and accessing the workspace require an account. You must provide accurate information, protect your sign-in method, and accept responsibility for activity under your account. Each person or authorized organization must use its own account. You may not sell, rent, transfer, or share an account to bypass credits, concurrency, rate, or safety limits. You also may not create accounts in bulk to repeatedly claim welcome credits. Notify us promptly if you suspect unauthorized access.

Welcome credits, trial eligibility, and amounts are those displayed when you register. They are revocable promotional benefits and are not guaranteed to remain available. We may prevent duplicate, fraudulent, or abusive claims, but this does not reduce purchased credits that were validly issued to you.

4. Inputs, Outputs, and Rights

"Inputs" include prompts, reference images, logos, text, and other materials you submit. "Outputs" are images that the Service creates or edits in response to Inputs. You keep the rights you lawfully hold in your Inputs. You are responsible for the legality of your Inputs, Outputs, and their use.

You confirm that you have all rights, licences, permissions, and consents needed for us to process your Inputs. This includes rights relating to copyright, trademarks, privacy, publicity, personal data, and confidential information. If an Input depicts an identifiable person, you must have the consent needed to create and use the resulting content.

We do not claim ownership of your Inputs or Outputs. If we acquire any rights in an Output, we assign those rights to you where the law allows. Your use of Outputs must follow applicable law, these Terms, the product benefits shown when you generated them, and third-party rights. We do not guarantee copyright protection, exclusivity, or non-infringement.

Outputs generated with free or promotional credits are licensed for personal, non-commercial use unless the generation page clearly says otherwise. Outputs generated under a valid paid subscription or one-time credit pack include commercial-use permission. Cancelling a subscription or later credit expiry does not revoke that permission for Outputs lawfully obtained while paid benefits applied. Commercial use remains subject to these Terms, provider policies applicable at generation, and third-party rights. It does not include trademark clearance, rights clearance, exclusivity, or an infringement indemnity.

5. Licence Needed to Operate

You grant us a limited, non-exclusive, worldwide, royalty-free licence to receive Inputs, perform content-safety checks, call AI models, generate Outputs, maintain history, provide downloads, diagnose failures, handle support, protect the Service, comply with law, and enforce these Terms. We may sublicense that licence only to providers needed for those purposes. It is limited to what is reasonably necessary to provide, maintain, and protect the Service you use.

This licence does not let us sell your content, proactively publish it in a public gallery, or train a DermInk-owned model with it. Unless we obtain any consent required by applicable law for a new use, it also does not authorize model training unrelated to completing your request. The licence ends when the content is no longer reasonably needed for these purposes, subject to limited retention for legal duties, security reviews, billing disputes, and normal backup cycles. The Privacy Policy explains third-party processing, retention, and deletion.

6. Acceptable Use

You may not use the Service to generate, edit, upload, store, or distribute any of the following six categories, whether the content is real, fictional, artistic, or AI-synthesized:

• Pornography or NSFW content: nudity, explicit sexual acts, pornographic depictions, promotion of sexual services, fetish content, or other adult material primarily intended for sexual arousal, including non-consensual intimate imagery;
• Violence or gore: realistic or graphic depictions of dismemberment, torture, serious injury, death, or bloodshed, or content that glorifies or encourages real-world violence or mass harm;
• Hate speech: content that demeans, dehumanizes, threatens, or incites discrimination, hostility, or violence based on race, ethnicity, nationality, religion, sex, sexual orientation, disability, or another protected characteristic;
• Child-unsafe content: child sexual abuse material (CSAM), any sexual content involving minors, child exploitation, grooming, sexualized depictions of minors, or material that facilitates access to, creation of, or distribution of such content;
• Deepfakes or impersonation: deceptive deepfakes, sexual composites, or false evidence involving an identifiable real person without valid consent, or impersonation of a person, brand, or organization for fraud, manipulation, or deception; and
• Copyright or trademark infringement: unauthorized copying, imitation, removal of rights notices, or generation, editing, or distribution that infringes copyright, trademark, trade-secret, publicity, privacy, or other third-party rights.

You also may not use the Service to:

• Create, upload, or distribute unlawful, fraudulent, defamatory, harassing, or otherwise rights-infringing content;
• Engage in scams, false evidence, spam, election interference, or other deceptive conduct;
• Develop weapons, facilitate illegal trade, or promote terrorism, extremism, or serious harm;
• Use Outputs for high-impact decisions in medical care, employment, credit, insurance, law enforcement, or similar areas without human review;
• Bypass safety filters, access controls, rate limits, or credit systems, or attack, scrape, reverse engineer, or disrupt the Service; or
• Resell access to the Service or use it as an unauthorized automated, bulk, or competing service.

When a feature uses OpenAI models, you must also comply with the applicable OpenAI Usage Policies. We may refuse or stop requests that may violate our rules, applicable law, or provider requirements.

7. Content Moderation and Reporting

When you submit a task, the prompt and interface language are first checked by the content-safety service we use. If they pass, the AI provider may apply its own policies and checks to prompts, reference images, and results. A system may reject a request before the model is called or may stop, fail, or restrict a risky task. Automated checks can produce false positives and false negatives. Passing a check does not mean content is lawful, harmless, or cleared for third-party rights.

Any user, rights holder, or member of the public may report suspected violations by emailing support@dermink.org. Include the relevant task identifier or accessible URL, the suspected violation category, a factual description, and necessary supporting evidence. Do not copy or attach CSAM, non-consensual intimate imagery, or other illegal material; provide only locating information and the minimum description needed for us to investigate.

We decide whether to investigate, temporarily restrict access, or take action based on the report, available records, risk, and applicable law. For child safety, terrorism, credible imminent violence, or other serious illegal risk, we may preserve necessary evidence, notify relevant providers, or report matters to competent authorities as required by law. We do not promise to disclose our detection methods, investigation materials, or every enforcement detail for each report.

For confirmed violations, we may refuse generation, remove or disable access to content, issue a warning, restrict features, suspend an account, or permanently terminate access, depending on severity, distribution, account history, and applicable law. We reasonably protect reporter identity except where disclosure is legally required or necessary to investigate. Malicious or knowingly false reports may themselves constitute abuse.

If you believe a content or account decision was incorrect, you may appeal through the same email address within 14 days after notice. Include your reasons and the relevant task identifier. We will review the appeal where reasonably practicable and send the result to the account email. Emergency restrictions, mandatory provider rules, and matters that law prevents us from disclosing may not be restored while an appeal is pending.

8. AI-Specific Disclosures

Generative AI is probabilistic. Outputs may be inaccurate, incomplete, biased, or contain artifacts. They may be the same as or similar to existing works or other users' outputs. We do not guarantee that an Output is unique, copyrightable, fit for a particular purpose, or non-infringing.

You must review Outputs before you publish, sell, or rely on them. You must also follow any disclosure, labelling, watermarking, or transparency rules for AI-generated content. Outputs are not legal, medical, financial, or other professional advice.

DermInk Outputs are tattoo concepts and communication references. They are not final designs ready for transfer or application to a person, and they are not calibrated body-placement previews. Body shape, scale, skin tone, existing tattoos, scars, line spacing, ink spread, and healing can materially change the result. Before tattooing, ask a qualified tattoo artist to reassess and redraw the composition, lines, contrast, and feasibility. Consult an appropriate professional about skin, allergy, infection, scarring, or aftercare concerns.

9. Credits

Some generation and editing features use credits. We show the rate before use. Credits are limited, revocable accounting units for the Service. They are not money or property. You cannot redeem them for cash, transfer them, sell them, or use them outside the Service.

• New-user gift credits expire 30 days after issuance;
• Monthly subscription credits expire 30 days after each issuance;
• Annual subscription credits expire 365 days after issuance; and
• One-time credit packs expire 365 days after issuance.

Unless the purchase page says otherwise, unused credits do not roll over and expire at the end of their validity period. When you submit a task, we may first reserve the quoted credits. We finalize the corresponding charge only for each Output delivered successfully. A request rejected by content safety before task creation does not use credits. If our system confirms that an Output failed because of the platform, an upstream provider, or a timeout, we release its reserved credits. Dissatisfaction with a successfully delivered result, a problem in your Input, or a decision not to use an Output is not a system failure. Restoring credits is not a cash refund. See the Pricing page and the information shown before submission for current rates.

10. Subscriptions and Cancellation

Monthly and annual subscriptions renew automatically at the period and price shown at purchase until you cancel. You allow the seller and payment party named at checkout to store your payment method and charge each renewal. You may cancel at any time through the customer portal in your account. Cancellation takes effect at the end of the current paid period, and plan benefits remain available until then. Cancellation only prevents the next renewal; it does not automatically refund the current period.

Cancellation does not extend credit validity. Issued credits still expire on their original expiry dates. Failed payments, chargebacks, or an invalid payment method may result in a past-due subscription, restricted benefits, or termination.

11. Payments, Taxes, and Refunds

Checkout and your receipt show the price, currency, taxes, seller, payment party, and order total. Checkout is currently provided by Waffo Pancake. It or an affiliated entity identified at checkout may act as payment provider or merchant of record and process payment, taxes, refunds, and disputes. Its applicable terms and checkout disclosures also govern the transaction. If they conflict with these Terms solely about payment processing, the payment terms shown at checkout control that issue.

Except where the law requires otherwise, you may request a refund of your first subscription within seven calendar days of payment. None of the credits issued with that subscription may have been used. You may also request a refund for a completely unused one-time credit pack within seven calendar days of purchase. After any credit has been used, the pack is generally non-refundable. Completed generations, used credits, and partial billing periods are also generally non-refundable. We will review duplicate, unauthorized, or confirmed incorrect charges. Request refunds at support@dermink.org. Approved refunds are returned through the original payment method. See our Refund & Cancellation Policy for the full rules.

12. Availability and Changes

Unless we agree otherwise in writing, we do not promise a specific uptime, queue or generation time, Output quality, or continued availability of a model, resolution, aspect ratio, or parameter. Tasks may queue, retry, time out, or fail because of a third party. Models, parameters, limits, features, and interfaces may change for maintenance, security, provider, cost, legal, or product reasons.

If we permanently discontinue a prepaid paid service that has not been delivered, we will provide a reasonable remedy for the unused portion under applicable law and the Refund Policy. Short maintenance, a single task failure, a model replacement, or an interface change that does not prevent use of purchased credits does not by itself create a refund right.

13. Suspension and Termination

We may refuse a task, restrict features, suspend or terminate an account, and remove or preserve related content if we reasonably believe you breached these Terms, created a security or legal risk, infringed third-party rights, made a fraudulent chargeback, abused welcome credits, or interfered with the Service. Where circumstances allow, we will explain the main reason and any available appeal. We may act without advance notice for urgent risk, legal restrictions, or to avoid compromising an investigation. Serious violations do not generally create a refund right, subject to mandatory consumer law.

You may stop using the Service, cancel a subscription, or contact support to request account deletion. Deleting an account does not by itself cancel an active subscription; confirm cancellation through the customer portal first. Rights and licences in lawfully obtained, non-violating Outputs survive termination. Unused credits generally expire when the account closes and cannot be redeemed for cash. Transaction, refund, security, and dispute records may remain under the Privacy Policy. Payment duties, content responsibility, intellectual-property provisions, disclaimers, and liability limits that by nature should survive will continue.

14. Our Intellectual Property

The Service software, interface, design, documentation, and DermInk brand materials are owned by us or our licensors. These Terms grant a limited, non-exclusive, non-transferable right to access the Service through a valid account and in accordance with these Terms. Except where applicable law expressly permits it, you may not copy, resell, rent, reverse engineer, extract models from, or otherwise exploit the platform itself. OpenAI, GPT, and other third-party names and marks belong to their respective owners.

15. Disclaimers

To the fullest extent permitted by law, the Service and Outputs are provided "as is" and "as available." We make no express or implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, or uninterrupted operation. You decide whether an Output is suitable to download, publish, sell, or otherwise use. You accept the related risk.

In particular, we do not warrant that an Output can be applied directly as a tattoo, meets a studio's requirements, will look as expected on any skin or body placement, or will not resemble an existing tattoo, artwork, character, logo, or another user's Output. Style names describe visual directions only. They do not imply that an artist, brand, or rights holder participates in or endorses DermInk.

16. Liability and Indemnity

To the fullest extent permitted by law, we are not liable for lost profits, revenue, business opportunities, goodwill, or data. We are also not liable for indirect, incidental, special, punitive, or consequential damages. Our total liability arising from the Service or these Terms will not exceed the amount you paid for the relevant Service during the 12 months before the event that caused the claim. If you paid nothing, the limit is USD 100.

These limits do not exclude liability that the law does not allow us to exclude or limit. They do not affect mandatory consumer rights. Only where applicable law permits and you use the Service in a business or professional capacity, you will indemnify us for reasonable losses from third-party claims directly caused by Inputs you had no right to submit, unlawful use of Outputs, infringement of third-party rights, or your intentional material breach of these Terms. This does not apply to the extent the claim resulted from our own breach or fault.

17. Changes to These Terms

We may update these Terms when the product, providers, law, or risks change. We will give reasonable advance notice of material changes through the website, your account, or email and state the new effective date, except when law or urgent safety needs require an immediate change. An update will not retroactively reduce lawfully acquired Output licences or statutory rights. If you disagree, stop using the Service and cancel before the change takes effect. Continued use after that date means you accept the updated Terms.

18. Contact and Complaints

For questions about these Terms, payments, content enforcement, or your account, email support@dermink.org. If a dispute arises, both parties should first try to resolve it in good faith through that channel. This does not limit either party's right to seek a remedy available under law.

19. General Terms

These Terms and the policies they expressly include are the entire agreement about the Service. If any provision is unenforceable, the remaining provisions remain effective. A failure to enforce a right is not a waiver. You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition, reorganization, or transfer of the Service. We are not responsible for delay or failure caused by events beyond our reasonable control.