These Terms of Service (“Terms”) govern your access to and use of aidesignbattle.com and related services (the “Service”), operated by Thomas Jack Foster IV, a sole proprietor doing business as Concours (“AI Design Battle,” “we,” “us,” or “our”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Eligibility and Accounts
You must be at least 13 years old to use the Service. When you create an account through a supported login provider, you are responsible for the activity that occurs under your account and for keeping your credentials secure. You agree to provide accurate information and to notify us of any unauthorized use.
2. The Service
AI Design Battle lets you submit a design brief, generates competing designs using third-party AI models, and lets you run a tournament to pick a winner and export or share the result. AI-generated output may be inaccurate, incomplete, or similar to output provided to others. You are responsible for reviewing any output before relying on or publishing it.
3. Credits, Plans, and Payment
The Service uses design credits and may offer subscription plans and one-time credit purchases. Prices are shown on the pricing page. Payments are processed by Stripe, and by purchasing you agree to Stripe’s terms in addition to these Terms.
- Subscriptions renew automatically for the applicable period until canceled. You may cancel at any time; cancellation takes effect at the end of the current billing period.
- Credits are a limited license to use features of the Service. They have no cash value, are non-transferable, and cannot be exchanged for money except where required by law.
- Expiration. Credits included with a subscription are valid only for the billing period in which they are granted and do not roll over unless we state otherwise. Purchased credit packs remain valid for 12 months from the date of purchase, after which unused credits may expire.
- Downgrade, cancellation, and termination. If you downgrade or cancel a plan, subscription-granted credits for future periods stop accruing, and any subscription credits remaining at the end of the period are forfeited. Credits are forfeited if we terminate your account for violation of these Terms. Purchased pack credits remain available, subject to their expiration, while your account is in good standing.
- We may change prices or plan features prospectively, with notice for material changes.
4. Refund Policy
Except as required by law or as expressly stated below, all payments are non-refundable and we do not provide refunds or credits for partial billing periods, unused credits, or design credits that have already been used.
- Subscriptions. You may cancel at any time and will keep access through the end of your current billing period. We do not prorate or refund the remainder of a billing period. If you believe you were charged in error, contact us within 14 days of the charge and we will review it in good faith.
- Credit packs. One-time credit purchases are refundable within 14 days of purchase only if none of the credits from that purchase have been used. Once any credit from a purchase is used, that purchase is non-refundable.
- Used credits. Design credits are consumed when a design is generated and are non-refundable once used, including where you are dissatisfied with the AI-generated output.
To request a refund, contact support@aidesignbattle.com from the email associated with your account. Approved refunds are issued to the original payment method. This policy does not limit any rights you have under mandatory consumer-protection laws.
5. Your Content
“Your Content” means the briefs and other material you submit. You retain your rights in Your Content. You grant us a worldwide, non-exclusive license to host, store, process, transmit to AI providers, display, and otherwise use Your Content as needed to operate and improve the Service. You represent that you have the rights necessary to submit Your Content and that it does not violate any law or third-party right.
6. Generated Output
Subject to these Terms and your compliance with them, and to the extent we hold rights to the designs generated for you, we assign or license those designs to you for your use. Rights in AI-generated output can be uncertain and vary by jurisdiction, and identical or similar output may be generated for other users. The Service is provided as a creative tool, not as a guarantee of originality, ownership, or fitness for any purpose.
7. Acceptable Use
You agree not to:
- Use the Service to violate any law or infringe others’ rights.
- Submit content that is unlawful, infringing, malicious, or that you lack the rights to submit.
- Attempt to reverse engineer, disrupt, overload, or gain unauthorized access to the Service or its providers.
- Resell or redistribute the Service, or scrape it, except as expressly permitted.
- Bypass usage limits, credit metering, or payment mechanisms.
Because your briefs are processed by third-party AI providers, your use is also subject to those providers’ usage and content policies, and you agree to comply with them, including:
- OpenAI — Usage Policies
- Anthropic — Usage Policy
- Google — Generative AI Prohibited Use Policy
- xAI — Acceptable Use Policy
We may suspend or terminate accounts that violate these Terms or any applicable provider policy.
8. Third-Party Services
The Service relies on third parties (including AI providers, Stripe, and hosting and authentication providers). We are not responsible for third-party services, and your use of them may be governed by their own terms.
9. Intellectual Property
The Service, including its software, design, branding, and content (excluding Your Content and Generated Output as described above), is owned by us or our licensors and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
10. Disclaimers
THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY REGARDING THE ACCURACY, ORIGINALITY, OR RELIABILITY OF AI-GENERATED OUTPUT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR USD $100.
12. Indemnification
You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising out of Your Content, your use of the Service, or your violation of these Terms or applicable law.
13. Termination
You may stop using the Service at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Provisions that by their nature should survive termination will survive.
14. Copyright and DMCA Policy
We respect intellectual-property rights and expect users to do the same. If you believe content on the Service infringes your copyright, send a notice to support@aidesignbattle.com that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to locate it; (d) your contact information; (e) a statement that you have a good-faith belief the use is not authorized by the rights holder, its agent, or the law; and (f) a statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorized to act on their behalf. We may remove allegedly infringing material and terminate accounts of repeat infringers. If you believe your content was removed in error, you may submit a counter-notice with the corresponding information.
15. Beta and AI Features
The Service, and AI-powered generation in particular, is an evolving, experimental technology. Some features may be offered as beta, preview, or evaluation features and may be changed, limited, or discontinued at any time. AI-generated output is produced by third-party models and may be inaccurate, offensive, incomplete, or resemble output provided to others. You are responsible for reviewing and testing any output before you rely on, publish, or ship it, and you use AI features at your own discretion and risk.
16. Changes to These Terms
We may update these Terms from time to time. Material changes will be reflected by updating the “Last updated” date, and continued use of the Service after changes take effect constitutes acceptance. We may assign these Terms, in whole or in part, to a successor in interest, including a company later formed to operate the Service; you may not assign them without our consent.
17. Dispute Resolution; Arbitration and Class Action Waiver
Please read this section carefully — it affects how disputes are resolved and may limit your right to sue in court or participate in a class action.
Informal resolution first. Before starting an arbitration or lawsuit, you agree to first try to resolve the dispute informally by sending a written notice of dispute to support@aidesignbattle.com describing the dispute and the relief you seek. You and we will attempt in good faith to resolve it for 30 days after the notice is received. Only if the dispute is not resolved within that period may either party begin arbitration.
Except for disputes that qualify for small-claims court and claims for injunctive relief relating to intellectual property, you and we agree to resolve any dispute arising out of or relating to these Terms or the Service through final and binding individual arbitration, rather than in court. The arbitration will be administered by a recognized arbitration provider under its consumer rules and seated in San Francisco, California, or conducted remotely where available.
Class action waiver. You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.
Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing support@aidesignbattle.com with your name and a statement that you decline arbitration. If you opt out, the Governing Law and Venue section below applies to disputes. If any part of this section is found unenforceable, the remainder will continue to apply, except that if the class action waiver is found unenforceable, this entire section will not apply.
18. Governing Law and Venue
These Terms are governed by the laws of the State of California, without regard to conflict-of-laws rules. Subject to the arbitration section above, you and we agree that the state and federal courts located in San Francisco, California will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, unless otherwise required by applicable law.
19. Contact
Questions about these Terms? Contact support@aidesignbattle.com or Thomas Jack Foster IV (d/b/a Concours), 160 Bay Street, San Francisco, CA 94133.