Terms of Service

Provider (Service Provider):
Diamond Pytech
Gronaustr.12
65205 Wiesbaden, Germany
Germany
Email: contact@adobabyai.com

Section 1 – Scope and Provider

(1) These Terms of Service ("Terms") apply to the use of the software "AdoBabyAI" (hereinafter the "Service"), provided by Diamond Pytech (hereinafter the "Provider" or "we").

(2) The sale of "Credits" (balance) is handled by our reseller (Merchant of Record) Lemon Squeezy, LLC. Lemon Squeezy's terms and conditions additionally apply to the purchase agreement.

Section 2 – Subject Matter of the Agreement

(1) The Provider makes available a web-based AI application that processes uploaded photos.

(2) The Service is provided as "Software as a Service" (SaaS). Image generation is based on Credits purchased by the Customer.

Section 3 – Conclusion of the Agreement

(1) Purchase of Credits: The purchase agreement for Credits is concluded directly between the Customer and the reseller Lemon Squeezy. Lemon Squeezy is the contractual partner for payment processing and invoicing.

(2) Use of the Application: Registration creates a usage agreement for the user account. Use of the image generation features requires redemption of purchased Credits.

Section 4 – Prices and Payment Terms

(1) Prices for Credit packages are displayed on the website and are understood as final prices including applicable taxes.

(2) Payment processing is handled exclusively by Lemon Squeezy. The Lemon Squeezy Terms of Service apply.

Section 5 – Warranty and Image Quality

(1) The Provider undertakes to provide the service in accordance with the current state of the art.

(2) NO TASTE GUARANTEE: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Since images are generated by artificial intelligence (AI), results may vary. Subjective "dissatisfaction" with the result does not constitute a defect, as long as the image was technically generated without error according to the service description. Minor artifacts or AI-typical inaccuracies are inherent to the current state of technology and do not constitute a defect.

(3) In the event of a technical defect (e.g., server error, image not generated), the Customer is entitled to proper performance (credit refund).

Section 6 – License and Usage Rights

(1) Upon generation of an image, the Provider grants the Customer a non-exclusive, perpetual, worldwide license to use that image.

(2) Commercial Use: The license includes the right to private and commercial use, reproduction, and publication.

(3) Transferability: The license is transferable and sublicensable. The Customer may resell the images to third parties (e.g., end customers) and grant them corresponding usage rights.

Notice to California Residents: Pursuant to California Civil Code Section 1789.3 and AB 2426, please be advised that the digital credits provided under these Terms are licensed, not sold. You are granted a limited, non-exclusive, transferable license to use the credits as described in this Section 6. Credits have no cash value and cannot be redeemed for cash. Unused credits do not expire.

Section 7 – Customer Obligations

(1) The Customer warrants that they possess the necessary rights (particularly personality rights for photos of third parties/children) to the uploaded images.

(2) It is prohibited to upload or have generated any illegal, pornographic, or extremist content.

Section 8 – Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE PROVIDER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
ANY CONTENT OBTAINED FROM THE SERVICE; AND
UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE PROVIDER'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO THE PROVIDER DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM.

The Provider is fully liable for damages arising from injury to life, body, or health, as well as for damages based on intentional or grossly negligent conduct.

Section 9 – Privacy

Information about the processing of personal data can be found in our Privacy Policy.

Section 10 – Refund Policy

(1) Since the purchase agreement is concluded with Lemon Squeezy, refund requests should be directed primarily to Lemon Squeezy.

(2) Digital Goods: Due to the nature of digital goods, all sales are generally final once Credits have been credited to your account and access to the Service has been granted. Refunds may be offered at the sole discretion of Lemon Squeezy and/or the Provider in the event of technical errors.

(3) For refund requests, please contact contact@adobabyai.com or use the Lemon Squeezy customer portal.

Section 11 – Dispute Resolution

For EU customers, the European Commission provides an online dispute resolution (ODR) platform: https://ec.europa.eu/consumers/odr/.
Our email address can be found at the top of these Terms.

We are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.

Section 12 – Governing Law and Jurisdiction

(1) These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

(2) Any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal or state courts located in Wilmington, Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Section 13 – Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by any court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and the remaining provisions shall remain in full force and effect.

Last Updated: December 2025