1. Acceptance of Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Coolen Systems, operating as Vaporii ("Company," "we," "us," or "our"), governing your access to and use of the Vaporii website located at vaporii.com and all related services, features, and content (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference.
We reserve the right to modify these Terms at any time. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
2. Eligibility
You must be at least 18 years of age to use this Service.
By using the Service, you represent and warrant that:
- You are at least 18 years old
- You have the legal capacity to enter into a binding agreement
- You are not prohibited from using the Service under applicable laws
- You will comply with these Terms and all applicable laws and regulations
The Service may contain AI-generated content that includes mature themes, artistic nudity, or adult-oriented material. By using the Service, you confirm that you are of legal age to view such content in your jurisdiction.
3. Account Registration
3.1 Account Creation
To access certain features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information during registration
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Accept responsibility for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
3.2 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.
3.3 One Account Per User
Each user may maintain only one account. Creating multiple accounts to circumvent restrictions, abuse promotions, or for any fraudulent purpose is prohibited and may result in termination of all associated accounts.
4. Description of Service
Vaporii provides AI-powered creative tools, including but not limited to:
- AI Image Generation: Text-to-image, image-to-image, inpainting, outpainting, and upscaling capabilities using various AI models
- AI Chat: Conversational AI with customizable personas and image generation capabilities
- Image Collection: Storage and organization of generated images
- Community Features: Sharing and discovering AI-generated content
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.
5. Credits and Payments
5.1 Credit System
The Service operates on a credit-based system. Credits are required to use certain features, including AI image generation and advanced AI chat capabilities.
5.2 Purchasing Credits
Credits may be purchased through our approved payment processors (such as PayPal or Stripe). All purchases are:
- Final and non-refundable, except as required by law
- Subject to our current pricing, which may change at any time
- Processed securely through third-party payment providers
5.3 Credit Expiration
Purchased credits do not expire as long as your account remains active and in good standing.
5.4 No Refunds
Due to the nature of digital services and AI processing costs, all credit purchases are final. We do not provide refunds for:
- Unused credits
- Failed generations due to user error or inappropriate prompts
- Dissatisfaction with AI-generated results
- Account termination due to Terms violations
Exceptions may be made at our sole discretion for technical errors on our part.
5.5 Fraudulent Transactions
Any fraudulent payment activity, including chargebacks for legitimate transactions, will result in immediate account termination and may be reported to appropriate authorities.
6. User Content and Ownership
6.1 Your Content
"User Content" includes all prompts, images, text, and other materials you create, upload, or generate using the Service.
6.2 Ownership of Generated Content
You own the AI-generated images you create using the Service. Subject to these Terms and applicable laws, you retain all rights to your generated content, including the right to:
- Use generated images for personal purposes
- Use generated images for commercial purposes
- Modify, distribute, or sell your generated images
- Create derivative works from your generated images
6.3 License to Us
By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to:
- Store and process your content to provide the Service
- Display publicly shared content on our platform
- Use anonymized data to improve our services
This license terminates when you delete your content or account, except for content you have publicly shared or as required for legal compliance.
6.4 Responsibility for Content
You are solely responsible for your User Content and the consequences of creating, uploading, or sharing it. You represent and warrant that your User Content does not violate these Terms or any applicable laws.
7. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable laws, regulations, or third-party rights
- Use the Service to harm, threaten, or harass others
- Attempt to gain unauthorized access to the Service or its systems
- Interfere with or disrupt the Service or servers
- Use automated systems to access the Service without permission
- Reverse engineer, decompile, or disassemble any part of the Service
- Remove or alter any proprietary notices or labels
- Use the Service to compete with us or for benchmarking purposes
8. Prohibited Content and Conduct
The following content and conduct are strictly prohibited:
8.1 Illegal Content
- Child sexual abuse material (CSAM) or any sexualized content involving minors
- Content that promotes terrorism or violent extremism
- Content that facilitates illegal activities
- Content that violates intellectual property rights of others
8.2 Harmful Content
- Non-consensual intimate imagery or "deepfakes" of real individuals
- Content depicting real individuals without their consent
- Content that promotes self-harm or suicide
- Malicious content designed to deceive or defraud
8.3 Abusive Conduct
- Harassment, bullying, or threatening behavior
- Hate speech or discrimination based on protected characteristics
- Doxxing or sharing private information without consent
- Impersonating others or misrepresenting your identity
8.4 Enforcement
We reserve the right to remove any content and terminate any account that violates these prohibitions, without notice or refund. We may also report illegal content to appropriate law enforcement authorities.
9. AI-Generated Content
9.1 Nature of AI Content
AI-generated content is created by machine learning models and may be unpredictable. We do not guarantee that generated content will:
- Meet your specific expectations or requirements
- Be accurate, complete, or error-free
- Be suitable for any particular purpose
- Not infringe on third-party rights
9.2 Model Limitations and Inappropriate Content Warning
WARNING: AI models may occasionally generate content that is unexpected, inappropriate, offensive, or mature in nature, even when not explicitly instructed to do so. This is an inherent limitation of AI technology that cannot be completely prevented despite safeguards and content filters.
By using this Service, you acknowledge and accept that:
- AI-generated images may contain unexpected mature, sexual, violent, or disturbing content
- AI models may misinterpret prompts and generate unintended content
- Third-party AI models may have different content policies and filtering capabilities
- Model preview thumbnails sourced from third-party providers may contain mature content
- You are solely responsible for reviewing generated content before use or distribution
We implement reasonable safeguards and content filtering, but cannot guarantee that all inappropriate content will be prevented. You use the Service at your own risk and discretion.
9.3 No Endorsement
AI-generated content does not represent the views, opinions, or endorsement of Coolen Systems or Vaporii.
9.4 Disclosure Requirements
When using AI-generated content publicly, you should consider applicable laws and ethical guidelines regarding disclosure of AI-generated material, particularly in contexts where authenticity matters.
10. Intellectual Property
10.1 Our Intellectual Property
The Service, including its original content, features, functionality, design, and branding (excluding User Content), is owned by Coolen Systems and protected by copyright, trademark, and other intellectual property laws.
10.2 Trademarks
"Vaporii," the Vaporii logo, and other marks are trademarks of Coolen Systems. You may not use our trademarks without prior written permission.
10.3 Third-Party Models
The Service utilizes various third-party AI models, each with their own licensing terms. Your use of generated content may be subject to the terms of the underlying models used.
10.4 DMCA and Copyright Claims
We respect intellectual property rights. If you believe content on our Service infringes your copyright, please contact us at contact@vaporii.com with:
- Identification of the copyrighted work
- Identification of the infringing material
- Your contact information
- A statement of good faith belief
- A statement of accuracy under penalty of perjury
- Your physical or electronic signature
11. Third-Party Services
The Service integrates with and relies upon third-party services, including:
- AI model providers (OpenRouter, Runware)
- Payment processors (PayPal, Stripe)
- Cloud storage providers (Backblaze)
- Analytics services (Google Analytics)
Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of third-party services.
12. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:
- Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties regarding the accuracy, reliability, or completeness of the Service
- Warranties that the Service will be uninterrupted, secure, or error-free
- Warranties regarding the results obtained from using the Service
You use the Service at your own risk. We do not warrant that AI-generated content will be suitable for your intended use or free from errors.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COOLEN SYSTEMS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:
- Any indirect, incidental, special, consequential, or punitive damages
- Any loss of profits, revenue, data, or business opportunities
- Any damages arising from your use or inability to use the Service
- Any damages arising from unauthorized access to your account
- Any damages arising from third-party content or services
IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.
14. Indemnification
You agree to indemnify, defend, and hold harmless Coolen Systems and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
- Your use of the Service
- Your User Content
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of any applicable laws
15. Termination
15.1 Termination by You
You may terminate your account at any time by contacting us at contact@vaporii.com. Upon termination, you will lose access to your account and any unused credits.
15.2 Termination by Us
We may suspend or terminate your account at any time, with or without cause, with or without notice, including but not limited to:
- Violation of these Terms
- Fraudulent or illegal activity
- Extended periods of inactivity
- Requests by law enforcement
- Discontinuation of the Service
15.3 Effect of Termination
Upon termination:
- Your right to use the Service immediately ceases
- We may delete your account and User Content
- Unused credits are forfeited and non-refundable
- Provisions that by their nature should survive will survive termination
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of law provisions.
You agree to submit to the personal and exclusive jurisdiction of the courts located in South Carolina for the resolution of any disputes.
17. Dispute Resolution
17.1 Informal Resolution
Before filing any formal legal action, you agree to first contact us at contact@vaporii.com and attempt to resolve the dispute informally for at least 30 days.
17.2 Binding Arbitration
If informal resolution fails, any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in South Carolina, and the arbitrator's decision shall be final and binding.
17.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.
17.4 Exceptions
Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights or confidentiality obligations.
18. Changes to Terms
We reserve the right to modify these Terms at any time. When we make changes:
- We will update the "Last Updated" date at the top of this page
- For material changes, we will provide notice through the Service or via email
- Your continued use of the Service after changes constitutes acceptance
If you do not agree to the modified Terms, you must stop using the Service and may request account deletion.
19. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
20. Contact Information
For questions about these Terms of Service, please contact us:
