Terms & Conditions

Last updated June 5, 2026

These Terms & Conditions (“Terms”) are a binding agreement between you and The Refinery (“The Refinery,” “we,” “us,” or “our”) governing your access to and use of the The Refinery website, applications, and services (collectively, the “Service”). By creating an account, clicking “Create account,” or otherwise accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy practices described below. If you do not agree, do not use the Service.

The Service lets you generate, arrange, edit, and refine AI-generated imagery on a visual canvas using third-party AI models. Please read these Terms carefully, including the sections on AI-generated content, payment and credits, disclaimers, and limitation of liability.

1.Eligibility

You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use the Service. By using the Service you represent and warrant that you meet this requirement, that you have the legal capacity to enter into these Terms, and that you are not barred from using the Service under the laws of any applicable jurisdiction. The Service is not directed to children, and we do not knowingly collect information from anyone under 18.

2.Accounts & Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information, to keep it current, and to notify us promptly of any unauthorized use or suspected breach of security. We are not liable for any loss arising from unauthorized use of your account. You may not share, sell, or transfer your account, and you may not use another user’s account without permission.

3.The Service & Third-Party Models

The Service generates images by sending your prompts, settings, and any reference images you provide to third-party artificial-intelligence model providers and infrastructure partners (which may include, without limitation, Google, OpenAI, ByteDance/Seedream, Topaz Labs, and kie.ai). Your use of features powered by those providers may also be subject to their terms and policies. We do not control, and are not responsible for, third-party models or their outputs, and the availability, behavior, pricing, and capabilities of any model may change, be limited, or be discontinued at any time without notice.

We may add, modify, suspend, or remove features, models, or limits at any time. We do not guarantee that any particular model, resolution, speed, or output quality will remain available.

4.Credits, Pricing & Payment

The Service operates on a prepaid credit system. Generations and certain other actions consume credits at the rates shown in the application at the time you perform them. Credit prices and the credit cost of any action are displayed before you confirm and may change from time to time; changes are not retroactive to credits you have already purchased.

• Purchases. Credit packs are purchased through our third-party payment processor, Stripe. By purchasing, you authorize us and Stripe to charge your selected payment method. You are responsible for any taxes associated with your purchase.
• Roll-over. Purchased credits roll over from month to month and remain available in your account, subject to these Terms and to account termination or prolonged inactivity.
• No cash value. Credits are a limited license to use the Service, have no monetary value, are not a stored balance or deposit, are not transferable or redeemable for cash, and cannot be combined across accounts.
• Consumption. Credits are consumed when a generation request is submitted. Because outputs are produced by third-party models, we cannot guarantee that any individual result will meet your expectations, and credits used for a completed generation are not automatically restored.

5.Refunds

Except where required by applicable law, all payments are final and credits are non-refundable. As a courtesy, we may, at our sole discretion, consider refund requests for unused credit purchases made within seven (7) days of the transaction. Credits that have been used, promotional or bonus credits, and partially used packs are not eligible for refund. If we terminate your account without cause and not as a result of your breach, we will, where feasible, refund the amount you paid for any unused purchased credits.

6.Acceptable Use

You agree not to use the Service to create, upload, generate, or distribute content that:

• is unlawful, or that promotes or facilitates illegal activity;
• sexualizes, exploits, or endangers minors in any way, including any child sexual abuse material (CSAM) — this is strictly prohibited and will be reported to the authorities;
• depicts real, identifiable individuals in intimate, sexual, defamatory, or misleading ways without their consent, including non-consensual intimate imagery and deceptive “deepfakes”;
• infringes or misappropriates the intellectual property, privacy, publicity, or other rights of any person, including by reproducing copyrighted works, trademarks, or another person’s likeness without authorization;
• is hateful, harassing, threatening, or that promotes violence or discrimination against individuals or groups;
• is intended to deceive, defraud, impersonate, or spread disinformation, including for election interference or financial scams;
• contains malware, or that attempts to probe, scan, overload, disrupt, scrape, reverse-engineer, or gain unauthorized access to the Service, our systems, or our providers’ systems; or
• circumvents usage limits, credit charges, content filters, or other technical or safety measures.

You are solely responsible for your prompts, your reference images, and your use of any output. We may use automated and human review to enforce these rules and may remove content, refuse or cancel generations, and suspend or terminate accounts that violate them.

7.Your Content & License to Us

“Your Content” means the prompts, text, reference images, and other materials you submit to the Service, and the images generated for you (“Output”). You represent and warrant that you own or have all rights necessary to submit Your Content and to grant the rights below, and that Your Content and your use of the Output do not violate these Terms or any third party’s rights.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display Your Content as necessary to operate, secure, maintain, and improve the Service, to process your requests through our third-party model providers, to comply with law, and to enforce our policies. We do not sell Your Content.

8.AI-Generated Output

Subject to your compliance with these Terms and to the rights of third-party model providers, as between you and us, we assign to you whatever rights we have in the Output generated for your account, and you are free to use it, including for commercial purposes. You are responsible for evaluating and for your use of the Output.

Because of the nature of machine learning, Output is provided “as is,” may not be unique, and similar or identical results may be generated for other users. Output may be inaccurate, may not reflect real people, places, or facts, and may inadvertently resemble existing works or trademarks. We make no representation that the Output is free of third-party rights or that it is suitable, non-infringing, or eligible for copyright or other protection in any jurisdiction. You are responsible for ensuring your use of the Output is lawful and does not infringe the rights of others.

9.Our Intellectual Property

The Service, including its software, design, text, graphics, logos, the “The Refinery” name and brand, and all related intellectual property, is owned by us or our licensors and is protected by law. Except for the limited rights expressly granted to you in these Terms, we reserve all rights. You may not copy, modify, distribute, sell, lease, or create derivative works of any part of the Service, and you may not use our marks without our prior written permission.

10.Copyright & Takedowns

We respect intellectual property rights and expect our users to do the same. If you believe content on the Service infringes your copyright, send a notice to our contact address below including: a description of the work, the location of the allegedly infringing material, your contact information, a statement of good-faith belief that the use is unauthorized, a statement under penalty of perjury that your notice is accurate and that you are the rights holder or authorized to act on their behalf, and your signature. We will respond to valid notices and may remove the material and terminate repeat infringers’ accounts.

11.Privacy & Data

We store your account information, your boards, Your Content, and your Output on our servers so the Service works across sessions and devices. We process prompts and reference images through third-party model providers to fulfil your requests, and we use payment information solely through Stripe to process purchases — we do not store full card numbers. We use data to operate, secure, and improve the Service and to comply with law. We do not sell your personal information. You may request deletion of your account and associated data by contacting us; some information may be retained as required by law or for legitimate business purposes.

12.Availability & Changes

The Service is provided on an “as available” basis. We do not guarantee that it will be uninterrupted, secure, error-free, or available at any particular time, and we may modify, suspend, or discontinue all or part of it, impose limits, or change pricing at any time. We are not liable for any unavailability, data loss, or for delays or failures caused by third parties, including model providers, payment processors, or hosting infrastructure.

13.Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE OUTPUT WILL BE ACCURATE, ORIGINAL, OR FREE OF THIRD-PARTY RIGHTS. YOU USE THE SERVICE AND OUTPUT AT YOUR OWN RISK.

14.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE REFINERY OR ITS OWNERS, OPERATORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR OUTPUT. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $50. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15.Indemnification

You agree to defend, indemnify, and hold harmless The Refinery and its owners, operators, and suppliers from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content or your prompts; (b) your use of the Service or the Output; (c) your violation of these Terms or applicable law; or (d) your infringement or violation of any third party’s rights.

16.Suspension & Termination

You may stop using the Service at any time. We may suspend or terminate your access, with or without notice, if we believe you have violated these Terms, to protect the Service or other users, or as required by law. Upon termination, your right to use the Service ends and we may delete your account and content. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnification, and governing law) will survive.

17.Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above and, for material changes, take reasonable steps to notify you. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

18.Governing Law & Disputes

These Terms are governed by the laws of the jurisdiction in which The Refinery is established, without regard to conflict-of-laws principles. You agree that any dispute will be resolved in the courts located in that jurisdiction, and you consent to their personal jurisdiction, except where applicable law gives you the right to bring proceedings elsewhere. To the extent permitted by law, you and we waive any right to a jury trial and to participate in a class action.

19.Miscellaneous

These Terms are the entire agreement between you and us regarding the Service and supersede prior agreements. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for failures caused by events beyond our reasonable control.

20.Contact

Questions about these Terms, copyright notices, or data requests can be sent to support@therefinery.com.