Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Brandprenuer Studio AI, an invite-only AI portrait-generation platform operated by Nick F. Nelson LLC, a Georgia limited liability company doing business as Brandprenuer Studio AI (“Brandprenuer,” “we,” “us,” or “our”). By accepting these Terms electronically or using the Service, you agree to be legally bound by them. If you do not agree, do not access or use the Service.

These Terms of Service (“Terms”) govern your access to and use of Brandprenuer Studio AI, an inviteonly AI portrait-generation platform operated by Nick F. Nelson LLC, a Georgia limited liability company doing business as Brandprenuer Studio AI (“Brandprenuer,” “we,” “us,” or “our”).

By accepting these Terms electronically or using the Service, you agree to be legally bound by them.

If you do not agree, do not access or use the Service.

1. Acceptance and Eligibility

1.1 Invite-only access

Brandprenuer Studio AI is a private, invite-only virtual photography service. Access is available only to individuals or organizations that we have approved and authorized to use the Service.

We may approve, deny, suspend, or terminate access in our discretion, subject to applicable law and these Terms.

1.2 Binding acceptance

You accept these Terms by checking the acceptance box presented when you first access the Service, electronically signing or otherwise affirmatively accepting these Terms, or using the Service after receiving notice of them.

Your acceptance may be recorded as described in Section 16.

1.3 Authority to accept

If you accept these Terms on behalf of a company, agency, organization, or another person, you represent and warrant that you have authority to bind that entity or person. In that case, “you” and “your” include that entity or person.

1.4 Age and prohibited minor images

You must be at least 18 years old to use the Service.

You may not upload, submit, generate, edit, store, or otherwise process images of minors through the Service, even if you are the minor’s parent, guardian, photographer, or legal representative.

1.5 Business accounts

If you use the Service for a business, agency, professional practice, or other commercial organization, you represent that you are authorized to do so. Business accounts may be subject to the commercial terms, pricing, and arbitration procedures described in these Terms.

2. Definitions

For purposes of these Terms:

2.1 “AI Providers”

“AI Providers” means the third-party providers used to operate or support the Service, including Lovable and its related cloud, platform, storage, and AI gateway infrastructure, Google Gemini image models, and any successor, replacement, or additional providers that we disclose or use to provide the Service.

2.2 “Anchors”

“Anchors” means photographs that you upload or that we capture for you and store as the basis for generating Outputs. Anchors may include headshot, waist-up, full-body, and seated images.

2.3 “Brand-Ready Vault”

“Brand-Ready Vault” means the persistent storage area within the Service for up to four primary Anchor slots:

1. Headshot;

2. Waist-up;

3. Full body; and

4. Seated.

2.4 “Borrow the Look”

“Borrow the Look” means the Service feature that allows you to submit an inspiration or reference image and identify elements such as clothing, pose, accessories, furniture, background, hairstyle, makeup, lighting, or overall visual direction for use in generating an Output.

Borrow the Look is intended to transfer stylistic or visual elements, not another person’s identity.

2.5 Credits

Credits are processing units, not a guarantee of finished photos or a particular creative result. Each standard image rendering uses one credit. Generative edits generally use one credit; the first qualifying retouch per verified original is free. Mirror uses one credit after the first free Mirror per owner UTC day. Eligible technical repairs within the stated guarantee limits use no credit.

A validated saved print enlargement uses one additional credit when available. Failed enlargement and repeat downloads of that completed enlargement are free. Non-generative crop, reframing and re-exports, original downloads, split cards and scan-wipe exports use no credit. Uncertain processing retains its reservation until reconciled; it is not a reason to charge twice.

2.6 “Human Finishing Service”

The Human Finishing Service is retired for new orders. Historical orders retain their existing fulfillment, receipt, settlement and refund obligations; current editing takes place in-app.

2.7 “Inputs”

“Inputs” means all materials you submit to or use with the Service, including Anchors, photographs, reference images, text prompts, instructions, selections, custom scenes, and other content.

2.8 “Likeness”

“Likeness” means a person’s face, body, appearance, image, voice, distinctive physical characteristics, and other personal or biometric identifiers depicted in Inputs or Outputs.

2.9 Membership credits

Membership credits are the paid allocations described in Section9, not a resetting monthly quota.

2.10 “Outputs”

“Outputs” means images, edits, renders, crops, exports, marketing assets, videos, and other materials generated or produced through the Service from your Inputs.

Outputs include before-and-after split cards and the short “gold scan wipe” video exports produced through the Service.

2.11 “Service”

“Service” means Brandprenuer Studio AI, including its website, applications, Brand-Ready Vault, image-generation tools, editing tools, Studio Lab, Borrow the Look feature, marketing exports, billing functions, historical order reconciliation, and related features.

2.12 “Studio Lab” or “Upscale”

Studio Lab editing, original downloads and Enlarge for print are distinct. Print enlargement is currently unavailable pending verified processing and safe charging. Enlargement resizes pixels, does not reconstruct native detail, and does not guarantee suitability for a particular print size.

2.13 Top-Up Credits

Top-Up Credits are separately purchased credits under Section9 and share its oldest-first use and retention rules.

3. License You Grant Us

3.1 Processing license

You grant Brandprenuer and our AI Providers a limited, non-exclusive, worldwide, royalty-free license to host, store, reproduce, transmit, modify, analyze, and process your Inputs and Likeness solely as reasonably necessary to:

1. Operate and provide the Service;

2. Store and display your Inputs and Outputs in your account;

3. Generate, edit, crop, upscale, and export Outputs at your request;

4. Resolve historical human-finishing fulfillment, payment and refund obligations;

5. Maintain account security, prevent fraud or misuse, and provide technical support; and

6. Comply with applicable law.

This license includes permission for the technical processing required to transmit Inputs to AI Providers and other service providers used to provide the Service.

3.2 No sale or model training

We do not sell your Inputs, Outputs, facial images, or Likeness data.

We do not use your Inputs, Outputs, facial images, or Likeness data to train, refine, or build generalpurpose AI models. We configure the Service and its providers to process your content for the purposes described in these Terms.

3.3 Scope and duration

The license in this Section 3 remains in effect while your account is active and for as long as reasonably necessary to provide the Service, complete requested processing, maintain limited backups, resolve disputes, prevent fraud, or comply with legal obligations.

The license ends with respect to deleted Inputs and account content after the deletion periods described in Section 8, except for content that you have already downloaded, shared, published, or otherwise made available to third parties.

3.4 No ownership transfer

This Section 3 does not transfer ownership of your Inputs or Likeness to us. We receive only the limited rights necessary to provide the Service and perform the functions you request.

3.5 Marketing use excluded unless separately authorized

We will not use your Inputs or Outputs for our promotional or marketing purposes unless you provide separate, optional marketing consent under Section 10.

4. Your Representations and Warranties

By submitting Inputs or using the Service, you represent and warrant that:

4.1 Consent and authority

Each person depicted in an Input has given you documented permission to upload the Input and generate, edit, store, and use Outputs depicting that person’s Likeness.

You may not upload or process an image of any person without that person’s documented consent.

4.2 Ownership and rights

You own or have all rights, licenses, and permissions necessary to submit and use each Input, including any rights held by the photographer, model, agency, employer, or other rights holder associated with an Input.

You are responsible for clearing any copyright, publicity, privacy, trademark, contractual, or other rights associated with Inputs that we did not create or capture for you.

4.3 Reference images

You have the right to submit any image used through Borrow the Look or any other reference-image feature.

You understand that Borrow the Look is intended to transfer selected visual or stylistic elements, not another person’s identity. You may not use the Service to reproduce another person’s face, identity, or Likeness without that person’s documented consent.

4.4 Accuracy of account information

The account and billing information you provide is accurate, current, and complete. You agree to update that information when necessary.

4.5 Lawful use

Your Inputs, Outputs, and use of the Service will comply with these Terms, applicable law, and the rights of third parties.

You accept responsibility for any breach of these representations and warranties and agree to indemnify us as described in Section 12.

5. How the AI Works: Disclosure and Third-Party Processing

5.1 AI-generated synthetic media

Outputs are generated using artificial intelligence. Outputs are photorealistic synthetic media and are not photographs of a real moment or event.

Outputs may contain inaccuracies, artifacts, distortions, unexpected details, or other errors. An Output may not preserve your Likeness perfectly. Facial features, body proportions, skin details, clothing, hands, fingers, hair, accessories, text, backgrounds, lighting, shadows, and other elements may differ from the Input.

5.2 Likeness-preservation features

The Service includes technical features intended to preserve identity, facial characteristics, body build, skin tone, expression, and other elements of your Likeness.

These settings are technical features, not a guarantee of exact likeness, accuracy, identity preservation, or suitability for a particular purpose.

5.3 User review required

You are responsible for reviewing each Output before downloading, publishing, distributing, printing, submitting, or otherwise using it.

You should not rely on an Output as evidence that a real event occurred, that a person wore particular clothing, that a person was present at a location, or that a person made a statement or endorsement.

5.4 Third-party processing

To operate the Service, we may transmit Inputs and related technical information to AI Providers and other service providers. These providers may process information in accordance with their own terms, policies, and technical requirements.

By using the Service, you acknowledge and consent to this third-party processing as described in these Terms and our separately published Privacy Policy.

5.5 Third-party dependency

The Service depends on third-party providers and infrastructure, including Lovable and related cloud or Supabase infrastructure, Google Gemini image models, and Stripe payment services.

The availability, speed, latency, capacity, quotas, pricing, security, functionality, model behavior, and continued support of those third-party services are outside our control. Third-party providers may modify, suspend, discontinue, restrict, or change their services or terms.

We are not responsible for the acts, omissions, outages, delays, model changes, errors, or service limitations of third-party providers, except to the extent liability cannot lawfully be excluded.

The applicable third-party terms and policies are incorporated by reference to the extent they apply to your use of their services through the Service.

5.6 No guarantee of uninterrupted operation

We do not guarantee that the Service or any AI Provider will be continuously available, uninterrupted, secure, error-free, or free from delays. Maintenance, outages, capacity limitations, provider changes, technical failures, and other events may affect the Service.

5.7 No-training commitments and provider retention

We do not use your Inputs or Outputs to train, refine, or build general-purpose or foundation AI models. Our AI Providers (currently Google’s commercial generative AI services, accessed through our platform provider) process your Inputs to render your Output under commercial terms providing that request data is not used to train their foundation models.

AI Providers may keep request data or logs for limited periods under their own applicable terms. We have not independently verified every provider retention period and do not promise zero retention or purely transient processing. If an AI Provider’s terms change materially in a way that reduces these protections, we will update these Terms and notify you under Section 15.

6. Acceptable Use

You agree that you will not, and will not permit any other person to:

6.1 Process images without consent

Upload, submit, generate, edit, store, or process an image of any person without that person’s documented consent.

6.2 Upload images of minors

Upload or process images of minors or use the Service to generate images depicting minors.

6.3 Impersonate or deceive

Use the Service to:

• Impersonate another person;

• Fabricate a false identity;

• Impersonate a public figure;

• Create a deepfake or other deceptive synthetic media;

• Fabricate evidence;

• Falsely suggest that a person attended an event or engaged in conduct;

• Create a deceptive endorsement, testimonial, affiliation, or sponsorship; or

• Mislead others about the origin, timing, or circumstances of an image.

6.4 Misrepresent Outputs as photographs

Represent an Output as an unaltered, “as-shot,” documentary, or real-event photograph where doing so would deceive or cause harm.

This prohibition applies to all Outputs, including before-and-after split cards, gold scan wipe videos, crops, exports, and Outputs edited through the Human Finishing Service.

6.5 Prohibited content and uses

Use the Service to create, edit, store, or distribute:

• Adult sexual content;

• Non-consensual intimate imagery;

• Harassing, hateful, defamatory, or unlawfully discriminatory content;

• Fraudulent or unlawful content;

• Political advertising or political campaign content;

• Content intended to manipulate an election or political process;

• Content that infringes another person’s intellectual property, privacy, publicity, or other rights; or

• Content that violates applicable law or third-party platform rules.

6.6 Prompt injection and technical circumvention

Attempt to prompt-inject, manipulate, bypass, disable, evade, or defeat the Service’s safeguards, identity controls, usage limits, security features, or content restrictions.

6.7 Reverse engineering and extraction

Attempt to reverse-engineer, decompile, disassemble, copy, extract, discover, reproduce, or replicate the Service, its prompt compiler, prompt architecture, model configuration, system instructions, scene prompts, guardrails, or underlying technical systems.

6.8 Competing products and model training

Use the Service or Outputs to:

• Build, train, fine-tune, benchmark, or improve a competing AI image-generation product;

• Train or fine-tune any third-party AI model;

• Create a dataset for machine-learning or model-development purposes;

• Extract or systematically collect Outputs for a competing service; or

• Develop a product or service that substantially replicates the Service’s functionality.

6.9 Scraping and automated access

Scrape, crawl, harvest, copy, index, download, or systematically collect content from the Service, except through functions expressly provided for that purpose.

You may not use bots, scripts, automated tools, or other methods to access the Service in a manner that places an unreasonable burden on the Service or bypasses access controls.

6.10 Account sharing

Share, sell, sublicense, transfer, rent, or provide access to your account or account credentials.

Each account is limited to one active session at a time. You may not use multiple people, devices, or locations to circumvent account limits.

6.11 Downstream compliance

When you publish, display, distribute, license, or otherwise use an Output on a third-party platform, in print, in advertising, or elsewhere, you are solely responsible for complying with the applicable platform’s rules and all applicable laws.

Different platforms may require labeling or disclosure of synthetic or AI-generated media. Those obligations are yours, not ours.

Violation of this Section may result in immediate suspension or termination under Section 13.

7. Ownership of Outputs and Your License

7.1 Your Inputs

You retain the rights you hold in your Inputs. Nothing in these Terms transfers ownership of your Anchors, reference images, prompts, or other Inputs to Brandprenuer.

7.2 License to Outputs

Subject to your compliance with these Terms and payment of applicable fees, we grant you a perpetual, worldwide, non-exclusive license to use, reproduce, display, distribute, publish, modify, and commercially exploit Outputs generated from your Inputs.

This license includes use in:

• Marketing;

• Social media;

• Websites;

• Newsletters;

• Press materials;

• Presentations;

• Slide decks;

• Book jackets;

• Advertising;

• Editorial materials;

• Professional profiles;

• LinkedIn banners;

• Business communications; and

• Other lawful personal or commercial activities.

7.3 Marketing and asset exports

Before-and-after split cards and gold scan wipe video exports are features of the Service. They are free to export and are treated as Outputs under these Terms.

The same license limitations, Acceptable Use rules, AI disclosures, and user-review obligations apply to those exports.

7.4 Human Finishing Service assets

An Output modified through the Human Finishing Service remains an Output under these Terms.

Your license to use the finished asset is subject to payment of the applicable Human Finishing Service fee and your compliance with these Terms.

7.5 No platform rights granted

Your license to Outputs does not grant you any rights in:

• The Service;

• The Brand-Ready Vault system;

• Our software;

• Our website or user interface;

• Our prompt compiler;

• Our system instructions;

• Our AI configurations;

• Our scene prompts;

• Our branding, trademarks, logos, or designs;

• Our workflows, methods, or processes; or

• Any AI Provider’s models, systems, or technology.

All such rights remain with Brandprenuer, its licensors, or the applicable AI Provider.

7.6 Copyright and other intellectual-property rights

The copyright and intellectual-property status of AI-generated images is unsettled and may vary by jurisdiction.

We do not represent or warrant that any Output is protected by copyright, qualifies for registration, or is free from third-party rights. You are responsible for determining whether and how to protect or use an Output in your jurisdiction.

7.7 Effect of account closure

If your account is terminated or closed, your license to Outputs that you lawfully downloaded or otherwise obtained before termination continues, subject to these Terms.

We may disable access to Outputs stored in the Service after termination or account closure. You are responsible for downloading and preserving any Outputs you wish to retain before closing your account.

8. Data, Storage, Security, and Deletion

8.1 Storage location

Your Anchors and Outputs are stored in private cloud storage used to operate the Service. The Brand-Ready Vault is intended to provide a private storage area associated with your account.

Your Anchors and Outputs are the only copies that persist, and they persist only in our private cloud storage environment so the Service can function (so you keep your Vault, galleries and favorites).

8.2 Access controls

We use authentication, access controls, row-level security, and other reasonable technical and organizational safeguards intended to restrict access to your account content.

Access is restricted by row-level security so that only your authenticated account can view or retrieve your files; no outside user, public scraper, or third-party crawler has access to them.

No storage or transmission system is completely secure. We cannot guarantee that unauthorized access, loss, alteration, or disclosure will never occur.

8.3 Retention while account is active

We generally retain your Anchors and Outputs while your account is active so that the Service can provide the Brand-Ready Vault, generation, editing, cropping, export, and related functions.

8.4 Deletion requests

You may delete individual content through available account functions or request deletion of your account and associated content by contacting:

Privacy and deletion requests: nick@brandprenuer.com We will process a verified deletion request within 30 days, subject to the exceptions in this Section.

When you or an administrator delete an image, it is removed from our storage. We do not keep a hidden or secondary copy of your images, except for the limited records and backups we retain under the retention clause, and those are used only for legal compliance and disaster recovery — never for marketing, model training, or any other secondary purpose.

8.5 Post-deletion records and backups

After deletion or account closure, we may retain limited records and backup copies for up to 30 days for purposes such as system integrity, disaster recovery, fraud prevention, billing reconciliation, dispute resolution, or legal compliance.

We may retain information for a longer period where required by law, legal process, accounting requirements, or a legitimate need to establish, exercise, or defend legal claims.

8.6 Biometric and facial data

The Service collects and processes facial images and Likeness data to provide the Service and generate Outputs for you.

Depending on the jurisdiction, facial images, facial geometry, Likeness data, or information derived from images may be considered biometric identifiers, biometric information, or sensitive personal information.

We:

• Process this information for the purposes described in these Terms and our Privacy Policy;

• Do not sell facial images, Likeness data, or biometric information;

• Do not use facial images, Likeness data, or biometric information to train AI models;

• Limit access to authorized personnel and service providers who need access to provide the Service;

• Retain the information while reasonably necessary to provide the Service; and

• Delete it upon a verified request or account closure, subject to the retention exceptions described in this Section.

By accepting these Terms at the consent gate and using the Service, you provide consent to the collection, processing, storage, and transmission of facial images and Likeness data as described here and in the Privacy Policy.

Clients in Illinois, Texas, Washington, and other jurisdictions may have additional statutory rights or consent requirements relating to biometric or facial data, including rights or requirements under laws similar to the Illinois Biometric Information Privacy Act, Texas biometric privacy laws, Washington biometric privacy laws, or other applicable statutes. We intend to honor applicable rights and deletion requests as required by law.

8.7 Privacy Policy

Our collection, use, disclosure, retention, security, and deletion practices are described in our published Privacy Policy at https://bpstudioai.com/privacy. The Privacy Policy forms part of these Terms and is incorporated by reference.

If there is a conflict between these Terms and the Privacy Policy regarding a privacy-specific issue, the Privacy Policy controls for that issue to the extent required by applicable law.

9. Fees, Billing, Credits, and Refunds

Monthly membership costs $39 per month and adds 25 credits after each successful monthly payment. Annual membership costs $299 per year, paid upfront, and adds 300 credits after each successful annual payment (about 36% less than twelve monthly payments).

Memberships renew automatically at the end of each paid period until you cancel. Credits are added only when a payment succeeds.

Unused credits roll over without expiry while your account exists. Credits have no cash value and are not refundable, except where a refund is required by applicable law.

Top-ups

Annual member top-ups: 10 credits for $18; 25 credits for $40; 50 credits for $75.

Monthly member top-ups: 10 credits for $25; 25 credits for $60; 50 credits for $110.

Membership and top-up credits are used oldest-first, retain their original source, and do not expire while your account exists. They are not transferable, resalable or redeemable for cash. Historical separately issued expiring comp-period allowances keep their original rules; they are not these membership credits.

Cancellation, failed payments and reactivation

If you cancel, your membership continues through the end of the period you already paid for and then stops renewing. There is no partial refund for the remaining period.

If a renewal payment fails, you have 14 days to update your payment while using your remaining credits. No new credits are added until payment succeeds. If it is not resolved, new processing pauses. This grace period does not apply to a first payment that fails.

While paused or after your membership ends, your remaining credit balance, saved images, gallery and downloads are kept. Reactivating starts a new paid period and adds that period's credits once payment succeeds; it never re-adds credits for a period already granted.

Switching plans

Moving from Annual to Monthly takes effect at the end of your paid year; the successful $39 monthly payment adds 25 credits. Moving from Monthly to Annual requires a $299 payment, adds 300 credits upfront and replaces monthly billing with a new annual period. Existing credits remain. There is no prorated refund for the earlier paid period, except where required by law.

After cancellation reaches the end of your paid period, generation pauses; your account, stored credits and saved images remain available, including downloads. Membership cancellation is not account deletion.

Taxes

Monthly membership is $39 per month and annual membership is $299 per year. No additional sales tax is added to these membership prices at checkout.

Existing obligations

These membership terms do not remove any likeness guarantee, refund or fulfillment obligation already described elsewhere in these Terms or attached to a past purchase. Past receipts keep their original terms.

The old 25-credit signup bonus is paused. Featured-image reward: if you have current marketing consent and Brandprenuer actually selects one of your images for marketing while your paid membership is active (including after you cancel, through the end of the paid period), 10 reward credits are added, at most once per membership year. A membership year runs from your first recorded successful membership payment and continues across monthly renewals, plan changes and reactivation. Opting in alone grants nothing and does not guarantee selection. Grace periods, complimentary or test accounts, paused accounts and refunded or disputed payments are not eligible. Rewards already given are kept, and reward credits do not expire, like top-up credits.

9.4 Free functions

The following functions do not consume standard Credits unless otherwise stated at the time of use:

• Studio Crop;

• Non-generative reframing;

• Zooming and panning;

• Aspect-ratio adjustment;

• Re-exports;

• Before-and-after split cards; and

• Gold scan wipe video exports.

9.5 Studio Lab and Upscale

A successful validated persisted enlargement uses one additional look. Original downloads and repeat downloads of the same completed derivative are free. Failed processing uses no look; uncertain jobs require reconciliation before retry.

Target and decoded output pixels must be shown before claiming a print size. No separate 4K/8K or billboard-quality promise is made.

9.6 Retired human-finishing orders

No new human-finishing orders, checkouts or external editor submissions are offered. Historic orders are not deleted or abandoned. Outstanding work, receipts, settlements and refunds must be reconciled under the terms applicable when ordered; no new turnaround promise is made.

9.7 Payment processor

Payments are processed by Stripe or another payment processor we designate. You authorize the applicable processor to charge your selected payment method for subscription fees, Top-Up Credits and other disclosed charges; existing human-finishing payment obligations remain governed by their original order.

Your use of payment functions may also be subject to the payment processor’s terms and privacy policy.

We do not store full payment-card numbers on our systems.

9.9 Refund policy

Except where required by law, paid membership fees and purchased credit packs are non-refundable. Historical receipts, fulfillment and refund obligations retain their original terms. The technical guarantee below does not promise a preferred creative result.

9.10 Perfect Shot Guarantee Policy

The Perfect Shot Guarantee is a courtesy repair program, not a warranty of any particular creative result. It applies only as described in this Section.

1. Eligible sessions. The Guarantee applies exclusively to calibrated Signature Look and Quick Look productions anchored to your sealed Brand-Ready Vault and rendered within the Service's proprietary studio settings. Outfit photos you add through the Virtual Closet or as a pasted outfit image remain eligible, because only the clothing is used and no outside person, pose or setting is borrowed.

2. Creative Exploration sessions (excluded). Borrow the Look, Remix from an inspiration image, and any session that uses a third-party or external photographic reference image (whether to borrow an outfit, pose, setting, expression, framing or accessories) are Creative Exploration sessions. Outside photographs introduce lighting, lens, compression and body variables outside our calibrated studio, so Creative Exploration sessions are not covered by the Guarantee. You may adjust these images using the standard Refine and Adjust tools, which use Credits as normal.

3. Lineage. Any edit, refinement, crop or repair of a Creative Exploration image remains a Creative Exploration image and is not eligible, regardless of how small the change.

4. Covered defects. The Guarantee covers only objective technical defects: (a) distorted or inaccurate likeness compared to your Brand-Ready Vault; (b) anatomical malformations such as missing, extra, fused or distorted fingers or limbs; and (c) severe framing errors that awkwardly crop the crown, chin, hands or feet. Dislike of an outfit, pose, expression, background, mood or other creative choice is not a defect.

5. Window and limits. A claim must be made within fifteen (15) minutes after the image is created, after which the image is deemed accepted. Each eligible shoot receives one (1) complimentary repair; when a shoot produces a multi-frame burst, the Guarantee is intended for the hero frame you select, and a repaired frame cannot be flagged again. Fair-use limits apply: no more than three (3) repairs per fifteen-minute session and five (5) per rolling twenty-four (24) hours.

6. Remedy. An approved repair uses no Credit and re-renders the same look with a targeted fix while preserving the outfit, pose, scene and lighting. The flawed image is replaced in your gallery. The Guarantee does not apply in internal studio testing environments, and we may refuse or end Guarantee use that we reasonably believe is abusive.

10. Marketing Consent

10.1 Separate and optional consent

You may separately and optionally allow Brandprenuer to consider selected Outputs, before-and-after comparisons, or related materials for inclusion in the Brandprenuer Executive Spotlight program and other promotional materials.

Marketing consent is not required to use the Service and will not affect your eligibility, pricing, access, or account status.

10.2 Unchecked opt-in

Marketing consent will be presented separately from acceptance of these Terms through a distinct, unchecked opt-in. It will not be bundled with acceptance of these Terms.

10.3 License for marketing use

If you provide marketing consent, you grant Brandprenuer a non-exclusive, worldwide, royalty-free license to display, reproduce, edit, publish, distribute, and use the selected materials in Brandprenuer marketing, advertising, social media, websites, presentations, case studies, and promotional materials.

Unless separately agreed in writing:

• The license is provided without compensation;

• We are not required to provide attribution;

• We may edit materials for formatting, layout, cropping, or presentation; and

• We may use the materials through channels we select.

10.4 Withdrawal

You may withdraw marketing consent at any time by contacting legal@brandprenuerstudios.com or through an available account setting.

Withdrawal applies to future use. It does not require us to recall, remove, or destroy materials already published or distributed.

We may continue using materials already published for up to 12 months after withdrawal, after which we will discontinue new use and make reasonable efforts to remove them from active marketing channels under our control.

Withdrawal does not affect uses separately authorized by you or uses required by law. Withdrawal does not revoke courtesy looks already awarded under Section 10.5, and after withdrawal no new Outputs will be selected.

10.5 Featured-image reward

If Brandprenuer actually selects one of your images for marketing while you have current marketing consent and an eligible paid membership, you receive 10 reward credits, at most once per membership year, as described in Section9. Optional marketing consent alone does not grant credits or guarantee selection. Reward credits do not expire, like top-up credits, and previously awarded credits are kept if you later withdraw consent.

11. Disclaimers and Limitation of Liability

11.1 “As is” and “as available”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, INPUT PROCESSING, OUTPUTS, HUMAN FINISHING SERVICE, STUDIO LAB, AND ALL RELATED FEATURES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.

11.2 AI limitations

You acknowledge that generative AI may produce unexpected, inaccurate, offensive, unflattering, incomplete, or technically defective results.

We do not warrant that:

• An Output will preserve your Likeness exactly;

• An Output will contain accurate hands, fingers, teeth, clothing, text, logos, shadows, or backgrounds;

• An Output will be suitable for a particular commercial, editorial, legal, medical, financial, professional, or personal purpose;

• An Output will be unique;

• An Output will be free from artifacts;

• An Output will be eligible for copyright protection;

• An Output will satisfy a third-party platform’s requirements; or

• A Generation or edit will produce a result you prefer.

You are responsible for reviewing Outputs before use.

11.3 Third-party providers

To the maximum extent permitted by law, we are not responsible for the availability, conduct, content, errors, omissions, data practices, security practices, model behavior, or service changes of Lovable, Supabase, Google Gemini, Stripe, or any other third-party provider.

11.4 No professional advice

The Service does not provide legal, medical, financial, tax, employment, immigration, public-relations, or other professional advice.

11.5 Exclusion of certain damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDPRENUER, NICK F. NELSON LLC, AND THEIR OWNERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AI PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.

THIS EXCLUSION INCLUDES DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY.

11.6 Liability cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE, THESE TERMS, OR ANY OUTPUT WILL NOT EXCEED THE GREATER OF:

1. THE TOTAL FEES YOU PAID TO US FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR

2. USD $100.

11.7 Exceptions

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, intentional misconduct, or rights that applicable law does not permit a party to waive.

12. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Nick F.

Nelson LLC, Brandprenuer, their owners, members, managers, employees, contractors, agents, licensors, AI Providers, payment providers, and service providers from and against any claim, demand, action, loss, liability, damage, judgment, cost, or expense, including reasonable attorneys’ fees, arising out of or relating to:

1. Your Inputs;

2. Your failure to obtain consent or rights for an Input;

3. Your use, publication, distribution, or disclosure of an Output;

4. Your use of the Service;

5. Your violation of these Terms;

6. Your violation of applicable law;

7. Your infringement or misappropriation of a third party’s rights;

8. Your use of the Service to create deceptive, unlawful, or unauthorized content; or

9. Any claim that your account, Inputs, Outputs, or use of the Service caused harm to another person or entity.

We may assume exclusive control of the defense of any matter subject to indemnification. You agree to reasonably cooperate with that defense. You may not settle an indemnified claim in a manner that admits fault by or imposes an obligation on us without our prior written consent.

13. Term, Suspension, and Termination

13.1 Term

These Terms begin when you accept them or first use the Service and continue until your account or access is terminated.

13.2 Suspension

We may suspend, restrict, or limit your access immediately if we reasonably believe that:

• You violated these Terms;

• Your use creates a security risk;

• Your use may harm another person or the Service;

• Payment failed or was reversed;

• Your account credentials were compromised;

• You engaged in fraud or unauthorized access;

• Suspension is required by law; or

• Suspension is necessary to protect Brandprenuer, our users, or our providers.

13.3 Termination by you

You may stop using the Service and request account closure at any time by contacting support@brandprenuerstudios.com or nick@brandprenuer.com.

Fees already paid will be handled under Section 9.

13.4 Termination by us for breach

We may terminate your account immediately for a material breach of these Terms, including prohibited use, unauthorized access, nonpayment, fraud, misuse of Inputs, or violation of another person’s rights.

13.5 Termination for convenience

We may terminate the Service or your account for convenience by providing 30 days’ notice, unless immediate termination is reasonably necessary because of legal, security, operational, provider, or business circumstances.

13.6 Effect of termination

Membership cancellation or failed-renewal pause retains your account, credits and images under Section9. Separate account closure or termination for breach may end access; deletion and surviving obligations follow Sections7,8 and9 and applicable law. Historical fulfillment and refund obligations remain.

13.7 One active session

Each account is limited to one active session at a time. Signing in on a new device may automatically end or sign out other active sessions.

You may not share credentials or use the session feature to bypass account restrictions.

Session enforcement is an account-security measure intended to reduce unauthorized sharing and access. It is not a data-monitoring service and does not authorize us to monitor your unrelated activity outside the Service.

14. Governing Law and Dispute Resolution

14.1 Governing law

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Georgia, without regard to conflict-of-laws principles.

14.2 Informal resolution first

Before initiating arbitration or litigation, the complaining party must send the other party a written notice describing the dispute and the requested resolution.

Notices to Brandprenuer must be sent to: legal@brandprenuerstudios.com

The parties will attempt in good faith to resolve the dispute informally for 30 days after receipt of the notice.

This informal-resolution requirement does not prevent either party from seeking temporary or emergency injunctive or equitable relief when necessary to prevent immediate harm.

14.3 Agreement to arbitrate

Except for the matters excluded in Section 14.7, any dispute, claim, or controversy arising out of or relating to these Terms, the Service, an Output, a payment, or the relationship between you and Brandprenuer will be resolved by binding, individual arbitration.

For consumer accounts, arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules and Mediation Procedures in effect when the arbitration is filed.

For business accounts, arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules in effect when the arbitration is filed, unless the parties agree otherwise in writing.

The arbitration will be seated in Fulton County, Georgia. Hearings may be conducted remotely, by telephone, by video conference, based on written submissions, or in person as determined under the applicable AAA rules or by the arbitrator.

The arbitrator, and not a court, will generally decide questions concerning the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide whether the class-action and collective-action waivers in Section 14.4 are enforceable.

14.4 Class-action and collective-action waiver

To the maximum extent permitted by law, arbitration and any related court proceeding must be conducted only on an individual basis.

You and Brandprenuer each waive the right to:

• Participate in a class, collective, consolidated, coordinated, representative, private-attorney-general, or mass action;

• Bring claims as a plaintiff or class member in any class, collective, or representative proceeding; or

• Seek relief for or on behalf of any other person.

The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim.

14.5 Arbitration opt-out

You may opt out of the arbitration agreement by sending a written notice to legal@brandprenuerstudios.com within 30 days after the date you first accept these Terms.

The opt-out notice must include:

1. Your full name;

2. The email address associated with your account;

3. A statement that you are opting out of the arbitration agreement; and

4. The date of your acceptance of these Terms.

A timely opt-out applies only to the arbitration agreement and does not affect the remaining provisions of these Terms.

14.6 Arbitration fees and procedures

The applicable AAA rules will govern filing procedures, arbitrator selection, hearing procedures, and allocation of fees, except to the extent these Terms expressly provide otherwise or applicable law requires a different result.

For consumer arbitrations, Brandprenuer will pay or advance fees to the extent required by the applicable AAA rules or law. Each party remains responsible for its own attorneys’ fees unless the applicable law or AAA rules provide otherwise.

The arbitrator may award any individual relief that would be available in court under applicable law, but may not award relief for or on behalf of anyone other than the individual party before the arbitrator.

Judgment on an arbitration award may be entered in any court of competent jurisdiction.

14.7 Exceptions to arbitration

The following matters may be brought in court:

1. A qualifying individual claim in small-claims court;

2. An action seeking temporary, preliminary, or permanent injunctive or equitable relief to prevent infringement, misuse, unauthorized disclosure, or threatened harm involving intellectual property, confidential information, account security, or the Service; and

3. Any matter that applicable law does not permit the parties to arbitrate.

For matters permitted in court, you and Brandprenuer consent to personal jurisdiction and venue in the state or federal courts located in Fulton County, Georgia, unless applicable law requires another forum.

14.8 Severability of arbitration provisions

If any portion of this Section 14 is found unenforceable, the unenforceable portion will be severed and the remaining provisions will remain in effect to the fullest extent permitted by law.

If the class-action or collective-action waiver is found unenforceable as to a particular claim, that claim will proceed in court unless the parties agree otherwise, and any enforceable individual claims will remain subject to arbitration.

15. Changes to These Terms

15.1 Updates

We may update these Terms from time to time. When we do, we will post the updated version through the Service or otherwise provide notice and update the effective date.

15.2 Material changes

If we make a material change, we will provide reasonable notice and may require you to review and accept the updated Terms before continuing to use the Service.

15.3 Non-material changes

For non-material changes, your continued use of the Service after the updated Terms become effective constitutes acceptance of the revised Terms.

15.4 No retroactive changes

Changes will not retroactively alter rights or obligations that accrued before the effective date of the revised Terms, except where required by law or agreed by the parties.

16. Consent Record and Contact

16.1 Consent record

When you accept these Terms, we may store a record showing:

• Your account identifier;

• The version of the Terms accepted;

• The date and time of acceptance;

• The method of acceptance;

• Your IP address or other technical acceptance information where legally permitted; and

• Whether you provided separate marketing consent under Section 10.

16.2 Notices to Brandprenuer

Questions about these Terms and formal legal notices, including notices of dispute and arbitration opt-out notices, should be sent to:

Email: legal@brandprenuerstudios.com

16.3 Privacy and deletion requests

Privacy inquiries, data-access requests, facial-data inquiries, and verified deletion requests should be sent to:

Email: nick@brandprenuer.com Privacy practices are described in our Privacy Policy at https://bpstudioai.com/privacy.

16.4 Billing and service support

Billing, subscription, generation-quota, Top-Up Credit, technical support, re-generation requests, and Human Finishing Service questions should be sent to:

Email: support@brandprenuerstudios.com

16.5 Business mailing address

Registered/business mailing address for Nick F. Nelson LLC: Nick F. Nelson LLC, 504 Fair Street SW, Atlanta, Georgia 30313

17. General Terms

17.1 Assignment

We may assign, transfer, delegate, or otherwise convey these Terms or any rights or obligations under them in connection with a merger, reorganization, financing, sale of assets, change of control, corporate restructuring, or operation of the business.

You may not assign or transfer these Terms, your account, or your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this Section is void.

17.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be modified or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

17.3 No waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision later. A waiver must be in writing and signed by the party granting it.

17.4 Entire agreement

These Terms, the Privacy Policy (https://bpstudioai.com/privacy), and any additional terms expressly incorporated by reference constitute the entire agreement between you and Brandprenuer concerning the Service and supersede all prior or contemporaneous agreements, understandings, representations, and communications concerning the Service.

17.5 Notices and electronic communications

You consent to receive notices and communications electronically, including by email, in-product notice, account message, or posting through the Service.

Electronic communications satisfy any legal requirement that communications be in writing, subject to applicable law.

17.6 Force majeure

We are not responsible for delay, interruption, or failure to perform caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, government actions, internet or telecommunications failures, cyberattacks, power failures, provider outages, model changes, infrastructure failures, or other events outside our reasonable control.

17.7 No agency or partnership

These Terms do not create a partnership, joint venture, agency, employment, franchise, fiduciary, or other special relationship between you and Brandprenuer.

17.8 No third-party beneficiaries

Except for Brandprenuer’s owners, members, managers, employees, contractors, licensors, AI Providers, payment processors, and service providers who are intended third-party beneficiaries of Sections 11 and 12, these Terms do not create rights for any third party.

17.9 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

17.10 Electronic acceptance

Your electronic acceptance, continued use of the Service, or submission of Inputs constitutes your agreement to these Terms to the fullest extent permitted by law.

Nick F. Nelson LLC · 504 Fair Street SW, Atlanta, Georgia 30313 · Version 2.1 · Effective November 6, 2026