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Including Privacy Policy, Billing Terms, and Refund Policy
Last Updated: May 17, 2026
These Terms of Service (the "Terms") are a legally binding agreement between you and VisualKit Studio ("VisualKit", "we", "us", or "our") governing your access to and use of VisualKit, including our website, AI generation tools, editing tools, templates, credit system, account features, and related services (collectively, the "Service").
VisualKit is operated by VisualKit Studio, an independent software business based in Morocco. We operate under Moroccan commercial and consumer protection law. By creating an account, purchasing credits or a subscription, accessing the Service, uploading content, generating outputs, or otherwise using VisualKit, you confirm that you have read, understood, and agreed to these Terms.
If you do not agree to these Terms, you must not access or use the Service. We may suspend or terminate access immediately if you fail to comply with these Terms.
VisualKit is currently offered in beta. Features, models, prices, credit costs, limits, quality levels, availability, and outputs may change at any time.
You must be at least 16 years old, or the age of digital consent in your jurisdiction if higher, to use the Service. By using the Service, you represent that you have the legal capacity and authority to enter into these Terms and that your use of the Service will comply with all applicable laws, regulations, platform rules, and third-party rights.
You agree to provide accurate account and billing information and to keep it current. You are responsible for all activity that occurs under your account, whether authorized by you or not, except to the extent caused by our gross negligence or willful misconduct. You must keep your login credentials secure and notify us immediately of any unauthorized access.
You may not create accounts through automated means, create multiple accounts to bypass limits or promotions, share accounts to avoid payment, impersonate another person, or use another user's account without permission.
VisualKit operates through subscriptions, credits, promotional access, free usage, and one-time credit packs. Plans, included credits, prices, features, and limits are shown on our pricing page or checkout pages and may change from time to time.
We may correct credit balances, reverse improperly granted credits, deduct credits tied to refunded or disputed payments, and take any action reasonably necessary to address technical errors, abuse, or fraud.
Paid purchases are handled by a third-party merchant of record, payment provider, or checkout provider. The merchant of record or payment provider is responsible for processing payments, charging your selected payment method, issuing invoices or receipts, calculating and collecting applicable taxes where required, and handling payment method authorization.
By purchasing a subscription, credit pack, add-on, or other paid feature, you agree to the checkout terms, renewal terms, tax handling, and payment terms presented by the merchant of record or payment provider. Subscriptions renew automatically unless cancelled before the renewal date through the available billing portal or account controls. Cancelling a subscription stops future renewals; it does not automatically refund past charges, current billing periods, used credits, unused credits, or one-time purchases.
VisualKit does not store full card numbers and does not directly process card payments. We may receive purchase, subscription, invoice, tax, payment status, refund, dispute, and customer information from the merchant of record or payment provider as needed to provide the Service, manage credits and access, prevent fraud, provide support, and keep business records.
Except where required by law or expressly stated below, purchases are generally final once you use credits, generate or export content, download outputs, or materially use paid features. Refunds are reviewed according to the applicable checkout and payment terms of the merchant of record or payment provider.
Payment disputes and chargebacks are handled by our merchant of record. If a dispute is filed, the merchant of record will manage the payment process with your bank or card network on our behalf, and may issue a refund or contest the dispute at their discretion. VisualKit may suspend or revoke account access and credits tied to the disputed payment, restrict downloads, and preserve relevant records while the dispute is open. Where we determine a dispute is fraudulent, abusive, or materially inconsistent with these Terms, we may terminate the account. If you have a billing concern, please contact us or the merchant of record before initiating a bank dispute so we can resolve it directly.
The Service itself is owned or licensed by VisualKit. This includes our software, website, user interface, workflows, documentation, code, databases, graphics, and other materials we create and provide as part of the Service.
Using VisualKit does not give you ownership of the Service, our software, our internal systems, or other materials we provide. Except as allowed by these Terms, you may not copy, reproduce, modify, scrape, sell, license, reverse engineer, decompile, disassemble, or exploit the Service without our prior written consent.
All rights not expressly granted to you are reserved by VisualKit.
As between you and VisualKit, you own the outputs you generate through the Service to the extent permitted by law, subject to the licenses granted to VisualKit in these Terms. This does not give you rights to any materials, brands, likenesses, characters, logos, assets, copyrighted works, or intellectual property owned by someone else. You are responsible for clearing any rights needed for your intended use.
You acknowledge that AI-generated outputs may not be unique, may be similar or identical to outputs generated for other users, may not qualify for intellectual property protection in every jurisdiction, and may need independent review or clearance before use. We do not guarantee exclusivity, registrability, originality, non-infringement, platform approval, commercial suitability, or legal protectability of any output.
You grant VisualKit a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, process, modify, display, and otherwise use your prompts, uploaded materials, generated outputs, projects, edits, metadata, and related content only as needed to provide, secure, troubleshoot, support, and improve the Service. We do not use your private prompts, uploaded materials, or generated outputs to train VisualKit-owned generalized AI models.
VisualKit retains a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, modify, reproduce, distribute, display, and perform outputs generated through the Service for marketing, research, development, and other business purposes. This license does not give VisualKit ownership of your outputs and does not apply to private uploaded source files, billing information, contact information, or non-public account information.
We may use aggregated or de-identified usage information to understand product quality, improve features, detect abuse, and operate the business. Deleting content may not immediately remove it from backups, logs, moderation records, security records, analytics, payment records, records we are required or permitted to keep, or materials already published with permission.
You are solely responsible for all prompts, text, images, files, reference images, product photos, logos, names, brand assets, likenesses, data, instructions, and other materials you upload, submit, provide, generate, publish, download, or use through the Service ("User Content").
You may use the Service only for lawful purposes and only as intended by VisualKit. You agree not to, directly or indirectly:
We may review account activity, prompts, uploads, outputs, and related data where needed to operate, secure, moderate, and enforce the Service. We may remove content, suspend access, revoke credits, terminate accounts, report activity, or take legal action against users who violate these Terms, and may cooperate with law enforcement, payment providers, hosting providers, model providers, and rights holders where legally required or reasonably necessary to respond to valid legal, payment, security, or rights-related requests. If you believe content on the Service infringes your intellectual property rights, contact us with details about the material and your rights in it; we may remove or disable the material and may terminate accounts of repeat infringers.
If you provide feedback, ideas, suggestions, requests, bug reports, improvements, comments, designs, feature concepts, or other information about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, transferable, sublicensable, royalty-free, fully paid license to use, reproduce, modify, publish, commercialize, and otherwise exploit the Feedback without restriction.
We have no obligation to keep Feedback confidential, pay compensation, provide attribution, implement Feedback, or respond to Feedback.
VisualKit uses third-party AI models and infrastructure, which may include providers such as OpenAI, Google, and others, to process prompts, reference images, uploaded assets, editing requests, safety checks, and generated outputs. By using AI features, you acknowledge and agree that your prompts, uploaded materials, reference images, generated outputs, metadata, and related instructions may be transmitted to, processed by, or routed through third-party AI providers and infrastructure providers as necessary to provide, secure, monitor, and improve the Service.
We do not control third-party AI providers' systems, model behavior, security measures, retention practices, availability, or policy decisions. Your use of AI-powered features may be subject to additional terms, policies, and data-processing practices of those providers. We are not responsible for provider outages, provider errors, model refusals, unexpected outputs, artifacts, safety-filter decisions, latency, or changes to third-party model availability.
AI-generated outputs should be reviewed carefully before use. You are responsible for checking whether an output is accurate, appropriate for your intended use, compliant with platform rules, and whether you need any additional rights, permissions, edits, or disclosures before publication, download, client delivery, advertising, app store submission, YouTube upload, commercial use, or reliance.
You agree not to use AI features to engage in any activity prohibited under Section 9 or to create content that violates the rights of any person.
If you upload or generate images of identifiable people, including yourself, creators, employees, influencers, public figures, customers, or private individuals, you are solely responsible for obtaining all required permissions, releases, consents, and legal bases. Some jurisdictions and platforms require disclosure when AI is used to create or alter images. You are responsible for any required disclosure, labeling, consent, or recordkeeping.
The Service also relies on third-party providers for payments, authentication, hosting, analytics, storage, moderation, email, customer support, and other functionality. We are not responsible for third-party services, outages, errors, payment decisions, account actions, policy changes, or data-processing practices outside our control.
VisualKit may offer features that allow you to connect a YouTube channel and interact with YouTube API Services. If such features are available and you choose to connect your account, VisualKit will only access YouTube data after you approve the requested permissions. By connecting your YouTube account or channel, you expressly authorize VisualKit to access, collect, process, store, and use YouTube data necessary to provide the requested integration and related thumbnail, analysis, synchronization, or optimization features.
Depending on the feature you use and the permissions you approve, this may include channel information, channel ID, channel name, avatar, video metadata, video titles, publish dates, view counts, existing thumbnails, video IDs, thumbnail performance signals, and the ability to set, update, or manage thumbnails on videos you authorize. We aim to request only the YouTube permissions reasonably needed for the features you choose.
Data obtained through YouTube API Services is used only to provide and improve the YouTube-related features you have enabled, including thumbnail analysis, CTR-related scoring, performance insights, recommendations, synchronization, support, security, troubleshooting, compliance, and enforcement. We do not use YouTube API Services data to train generalized AI models. VisualKit's use and transfer of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.
Your use of YouTube integrations is also subject to YouTube's Terms of Service, Google's Privacy Policy, and the Google API Services User Data Policy. You are responsible for ensuring that your use of VisualKit and any thumbnail updates, metadata usage, tests, or publishing actions comply with YouTube's rules, Google policies, applicable law, and any rights held by third parties.
We may limit, suspend, or terminate YouTube integration access if we believe your use violates these Terms, YouTube's terms, Google API policies, rate limits, security requirements, applicable law, or creates risk for VisualKit, Google, YouTube, your channel, or other users. You are responsible for actions taken through your connected account and for any consequences on your YouTube channel.
If you connect a YouTube account, you may revoke VisualKit's access through VisualKit account settings where available or through your Google account security settings. After revocation, YouTube-dependent features may stop working, active tests or synchronizations may pause or fail, OAuth tokens may be deleted or disabled, and thumbnails already set on your videos may remain in place unless you change them directly in YouTube or reconnect and update them.
After you revoke access or request deletion, we will delete or de-identify stored YouTube API Services data associated with your account within the timeframe required by applicable YouTube API Services policies, and in any event within 30 days, except where limited retention is required for legal compliance, security, fraud prevention, billing records, dispute resolution, or abuse prevention.
This Privacy Policy explains how VisualKit Studio collects, uses, shares, and handles information when you use the Service.
We may collect and process:
We use information to:
We may share information with service providers, merchants of record, checkout providers, payment providers, AI providers, Google and YouTube API services, hosting providers, analytics providers, fraud-prevention services, professional advisors, law enforcement, regulators, rights holders, or other parties where necessary to operate the Service, enforce these Terms, comply with law, complete a business transaction, or protect rights and safety.
We may use cookies, local storage, pixels, device identifiers, analytics tools, and similar technologies to operate the Service, remember preferences, keep accounts secure, measure performance, understand traffic sources, detect abuse, improve features, and support marketing. You can control certain cookies through your browser settings, but disabling them may break or limit parts of the Service.
We retain information for as long as necessary to provide the Service, maintain business records, enforce these Terms, resolve disputes, improve our systems, prevent abuse, and comply with legal obligations. Some information may remain in backups, logs, analytics, security records, moderation records, payment records, or records we are required or permitted to keep after deletion requests.
Depending on your location, you may have rights to access, correct, delete, restrict, object to processing, or request portability of personal information. These rights may be limited by legal, security, fraud-prevention, business-record, or technical requirements. To exercise rights, contact us through our contact page.
You consent to receive communications from us electronically, including by email, in-app notice, account message, website posting, or billing portal notice. Electronic communications satisfy any notice requirement under these Terms. You agree that electronic signatures, click-through consents, checkout confirmations, account actions, and similar records are valid and enforceable.
We may send administrative messages, billing notices, product updates, security alerts, support replies, and marketing communications. You can unsubscribe from marketing emails using the unsubscribe link or account settings where available, but you may still receive transactional, security, billing, and service-related messages.
We may suspend, restrict, or terminate your account, subscription, credits, downloads, projects, or access to the Service at any time, with or without notice, if we believe you violated these Terms, created legal or operational risk, abused the Service, failed to pay, initiated an abusive dispute, infringed rights, harmed other users, or used the Service in a way we consider inappropriate or harmful.
Upon suspension or termination, your right to access the Service stops immediately. We may delete, preserve, disable, or restrict your account, content, outputs, projects, credits, billing records, support records, and related data. Unless required by law or expressly approved by us, you will not receive a refund for unused subscription time, unused credits, top-up credits, promotional credits, or lost access caused by termination or suspension.
Sections intended to survive termination, including ownership, licenses, payment obligations, disclaimers, limitation of liability, indemnification, dispute terms, privacy-related records, and enforcement rights, will survive.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND SECURITY.
We do not warrant that the Service will be uninterrupted, secure, timely, error-free, accurate, reliable, compatible, or available at any particular time or location, or that outputs will meet your requirements, be commercially usable, be unique, be legally protectable, be free from third-party claims, be accepted by any platform, improve click-through rate, or produce any particular result.
We may change, suspend, discontinue, replace, limit, or remove any feature, model, provider, plan, price, credit amount, credit cost, output size, quality level, integration, or workflow at any time without liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISUALKIT, ITS OWNERS, EMPLOYEES, CONTRACTORS, AND PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the maximum extent permitted by law, our total liability for all claims relating to the Service or these Terms will not exceed the greater of 100 USD or the amount you paid for the Service giving rise to the claim during the 12 months before the event giving rise to liability.
These limitations apply whether the claim is based on contract, tort, negligence, strict liability, warranty, statute, or any other legal theory, even if we were advised of the possibility of damages.
You agree to defend, indemnify, and hold harmless VisualKit, its owners, employees, contractors, providers, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from or related to your User Content, your use of the Service, or your breach of these Terms.
Before starting formal proceedings, you agree to contact us through our contact page and provide a written description of the issue, the outcome you want, and the account or purchase involved. You agree to give us a reasonable chance to investigate and try to resolve the issue informally.
Nothing in these Terms limits rights that cannot be waived under applicable consumer protection law. Nothing prevents either party from seeking urgent injunctive or equitable relief for unauthorized access, intellectual property misuse, security abuse, or other conduct that may cause serious harm.
Unless mandatory applicable law requires otherwise, any claim relating to the Service or these Terms must be filed within 1 year after the claim arises.
We may modify these Terms at any time by posting updated Terms or providing notice through the Service. Unless required otherwise by law, updates are effective when posted. Continued access to or use of the Service after updates means you accept the updated Terms.
We may modify, suspend, discontinue, or restrict any part of the Service at any time without liability.
These Terms, together with any plan-specific terms, policies, and additional agreements presented directly by VisualKit, constitute the entire agreement between you and VisualKit regarding the Service. Payment and checkout terms are governed by the applicable merchant of record or payment provider. If any provision is held invalid or unenforceable, it will be severed and the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver. Section headings are for convenience only and do not affect interpretation. The words "including" and "includes" mean "including without limitation." You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, transfer of business, or by operation of law. This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of Morocco, without giving effect to any choice or conflict of law provision or rule.
For questions about these Terms, billing, refunds, privacy, or legal requests, please contact us at https://www.visualkit.app/contact.
