Terms of Service

1. Who can use the Service

You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. The Service

Lothar AI is a software platform that generates static advertising images from your prompts, brand information, and product reference images using third-party AI models. The Service may analyze a website you provide to populate your brand profile. Generated outputs are produced by automated systems and may vary in quality, accuracy, and suitability.

3. Accounts

You must provide accurate information when registering and keep it current. You are responsible for safeguarding your password and for all activity under your account. Notify us promptly at info@lotharai.com of any unauthorized use. One person or entity may not maintain multiple free or trial accounts to circumvent usage limits.

4. Subscriptions, billing, and the Founding Member offer

Paid plans are billed on a recurring basis through our payment processor, Stripe. By subscribing, you authorize us (via Stripe) to charge your payment method on each billing cycle until you cancel. Prices for each plan are shown at checkout. We do not store your full card details; those are handled by Stripe.

The Founding Member offer, where available, consists of a one-time payment plus an introductory free period, after which the recurring monthly subscription begins at the rate locked in at signup. Promotional terms are described at checkout and form part of these Terms for participants.

Each plan includes a monthly allowance of ad generations and other limits (such as the number of products and access to higher-quality tiers). Allowances reset at the start of each billing period and do not roll over. Generating an ad, including edits and variations, consumes from your allowance.

5. Cancellation and refunds

You may cancel at any time from your account billing page (the Stripe customer portal). Cancellation takes effect at the end of the current billing period, and you retain access until then. Except where required by law, payments are non-refundable and we do not provide refunds or credits for partial billing periods or unused allowances.

6. Your content

"Your Content" means the brand information, product details, prompts, logos, reference images, and other materials you upload or provide. You retain all rights you hold in Your Content. You grant Lothar Labs a worldwide, non-exclusive license to host, store, process, and transmit Your Content, including sending it to our third-party AI providers, solely to operate and provide the Service to you.

You represent and warrant that you own or have all rights necessary to use Your Content and to grant this license, and that Your Content (including any brand names, trademarks, or product imagery) does not infringe the rights of any third party.

7. Generated output

Subject to your compliance with these Terms and payment of applicable fees, as between you and Lothar Labs, you own the ad images you generate ("Output"). Because Output is produced by AI models, we make no representation that Output is unique, that you will hold enforceable intellectual property rights in it, or that it does not resemble other outputs. You are solely responsible for reviewing Output before use and for ensuring your use complies with all applicable laws, advertising standards, and third-party rights (including any claims, endorsements, or trademarks depicted).

8. Acceptable use

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

(a) infringes or misappropriates the intellectual property, privacy, or publicity rights of others, including using brands, logos, or likenesses you are not authorized to use; (b) is unlawful, deceptive, fraudulent, defamatory, hateful, harassing, or sexually explicit; (c) makes false or misleading advertising claims; (d) attempts to reverse engineer, scrape, overload, or circumvent the Service or its usage limits; or (e) violates the acceptable use policies of our underlying AI providers. We may remove content and suspend or terminate accounts that violate this section.

9. Our intellectual property

The Service, including its software, design, and branding (but excluding Your Content and Output), is owned by Lothar Labs and protected by intellectual property laws. We grant you a limited, revocable, non-transferable right to use the Service in accordance with these Terms. You may not copy, modify, distribute, or create derivative works of the Service.

10. Third-party services

The Service relies on third-party providers, including OpenAI and Google (AI image and language models), Stripe (payments), Supabase (authentication, database, and storage), and Vercel (hosting). Your use of the Service may be subject to those providers' terms, and their availability is outside our control.

11. Disclaimers

The Service and all Output are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, or uninterrupted operation. We do not warrant that the Service will meet your requirements or that Output will be error-free or fit for any particular use.

12. Limitation of liability

To the maximum extent permitted by law, Lothar Labs and its officers, members, and employees will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service. Our total aggregate liability for any claim arising out of or related to the Service will not exceed the greater of the amount you paid us in the twelve months before the event giving rise to the claim, or one hundred U.S. dollars.

13. Indemnification

You agree to indemnify and hold harmless Lothar Labs from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of Your Content, your Output, your use of the Service, or your violation of these Terms or applicable law.

14. Suspension and termination

We may suspend or terminate your access to the Service at any time if you violate these Terms, if required by law, or to protect the Service or other users. You may stop using the Service at any time. Upon termination, your right to use the Service ceases, though provisions that by their nature should survive (such as ownership, disclaimers, and limitation of liability) will survive.

15. Changes to the Service and these Terms

We may modify the Service or these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

16. Governing law and disputes

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-law rules. You agree that the state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to personal jurisdiction and venue there.

17. Contact

Lothar Labs LLC, Miami, Florida, United States. Questions about these Terms can be sent to info@lotharai.com.