Terms of Service

01 — Acceptance

By accessing or using Opiniac (opiniac.app), you agree to be bound by these Terms of Service. If you do not agree, do not use the service. “Opiniac”, “we”, “us” and “our” refer to Yosuble AI LLC.

What the service does. Opiniac is an AI image studio for creators and e-commerce sellers. It generates and edits still images in two main flows: (a) YouTube thumbnails from a photo, prompt and optional reference images, and (b) catalogue-grade product shots from a raw product photo, prompt and output format. Companion tools include AI upscaling and background removal. Opiniac does not generate or edit video, audio or AI avatar/deepfake content at this time.

02 — Account

You must provide accurate information when registering and keep your credentials secure. You are responsible for all activity on your account. You must be at least 18 years old to create an account and use Opiniac. Because Opiniac is a generative-AI tool that edits photos — including photos of human faces — and because our Acceptable Use Policy requires documented consent from every identifiable person in an image, we do not provide the service to minors. We do not knowingly collect personal data from anyone under 18; accounts identified as belonging to a minor are terminated and related data deleted without refund.

03 — Subscriptions, billing & cancellation

Opiniac offers a Starter plan ($19 per month, 50 credits), a Creator plan ($49 per month, 200 credits) and a Pro plan ($99 per month, 700 credits). Additional credit packs (50 credits for $9) are available as one-time purchases. Subscriptions renew automatically until cancelled. You can cancel at any time from your dashboard; cancellation stops the next renewal but does not refund the current period. All payments are processed by Polar (Polar Software Inc.), acting as Merchant of Record, which handles applicable sales taxes, VAT and consumer-protection obligations in each jurisdiction.

04 — Acceptable use

Your use of Opiniac is also governed by our Acceptable Use Policy, which forms part of these Terms. You agree not to use Opiniac to generate content that is illegal, defamatory, harassing, infringing on third-party rights, or sexual involving minors. You may not reverse-engineer the service, resell generations in bulk, or attempt to bypass rate limits, watermarking or safety systems. We may suspend or terminate accounts that violate these rules, without refund.

04.1 — Identity & consent for uploaded faces

Opiniac lets you edit photos that contain human faces. By uploading any photo that depicts an identifiable person, you represent and warrant that (a) the face is your own, or (b) you have obtained documented, informed, and revocable consent from every identifiable person in the image for their likeness to be uploaded, processed by AI, modified, and published, and (c) every such person is at least 18 years old. We may request proof of consent at any time.

Explicit biometric consent (EU/UK users). Facial images can, in some pipelines, constitute “special category” data under Article 9 of the EU/UK GDPR. By uploading a photo depicting a face to Opiniac, you give your explicit consent, within the meaning of Article 9(2)(a) GDPR, to the processing of that facial image by us and our AI sub-processors for the sole purpose of generating the output you request. This consent is specific, informed, and freely given; you can withdraw it at any time by deleting the upload or your account, without affecting processing already completed. We do not use facial images to build biometric templates, to identify individuals, or to train any model (see Privacy Policy, §06.1 and §06.2).

04.2 — Prohibited AI uses

You specifically agree not to use Opiniac to create or distribute: non-consensual deepfakes or face swaps of real people; any non-consensual intimate, nude or sexualised imagery; sexual content involving minors (real or synthetic); impersonation of public figures in contexts that could mislead viewers; political or election disinformation; fraudulent documents, IDs or KYC artefacts; content used for harassment, doxxing, or targeted intimidation; or content that infringes the IP, publicity or privacy rights of any third party. The full list is in the Acceptable Use Policy.

04.3 — Content moderation

Inputs and outputs may be scanned by automated safety systems (including model-provider classifiers and, where legally applicable, CSAM detection) to enforce the Acceptable Use Policy. We may block generation, remove content, and — where required by law — preserve and report it. We do not use your uploads or outputs to train models.

04.4 — Indemnification

You agree to defend, indemnify and hold harmless Yosuble AI LLC and its affiliates, officers, employees, and partners from and against any claim, demand, loss, liability, damage, fine or expense (including reasonable attorneys’ fees) brought by a third party and arising out of (a) the content you upload or prompts you submit; (b) your use, publication or distribution of outputs generated with Opiniac; (c) your breach of these Terms, the Acceptable Use Policy, or applicable law; or (d) your infringement of any intellectual property, publicity, privacy or other right of a third party.

05 — Content & intellectual property

You retain ownership of the photos and prompts you upload. Subject to these Terms, you own the images generated from your inputs and may use them for personal or commercial purposes. Yosuble AI LLC retains all rights to the Opiniac software, models, interface and brand. You grant us a limited, worldwide, royalty-free license to process your inputs solely to deliver the service.

06 — AI disclaimer

Opiniac uses generative AI models. Outputs are provided “as is” and “as available” and may contain inaccuracies, artefacts, or unintended resemblances. You are solely responsible for reviewing generated content before publishing or distributing it, including compliance with platform rules, rights of publicity, and local law.

07 — Limitation of liability

To the maximum extent permitted by law, Yosuble AI LLC’s total liability for any claim relating to Opiniac is limited to the amount you paid in the twelve months preceding the claim. We are not liable for indirect, incidental, consequential, or punitive damages. Nothing in these Terms limits liability that cannot be excluded under applicable law, including statutory consumer rights in your country of residence.

08 — Governing law & disputes

These Terms are governed by the laws of the State of New Mexico, USA, without regard to conflict-of-laws principles. Any dispute arising from or relating to these Terms or Opiniac will be brought exclusively in the state or federal courts located in Bernalillo County, New Mexico, subject to mandatory consumer-protection rights in your country of residence (including, where applicable, the rights provided by EU and UK consumer law via our Merchant of Record).

08.1 — Arbitration & class action waiver (US users)

This section applies only to users located in the United States and does not apply to consumers domiciled in the European Union, the United Kingdom, or any jurisdiction where a pre-dispute arbitration clause, or a class-action waiver, is not enforceable against a consumer. Nothing in this section removes your statutory consumer rights under applicable law.

You and Yosuble AI LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Acceptable Use Policy, the Privacy Policy, or your use of Opiniac (a “Dispute”) will be resolved by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. The arbitration will take place in Bernalillo County, New Mexico, or remotely at the arbitrator’s discretion, and judgment on the award may be entered in any court of competent jurisdiction.

Class-action waiver. Disputes will be arbitrated on an individual basis only. You and Yosuble AI LLC waive any right to participate in a class action, collective action, consolidated proceeding, or representative action, and the arbitrator has no authority to award class-wide relief. If this waiver is found unenforceable, the Dispute — but no other — will be heard in court, and the rest of this section remains in force.

Carve-outs. Either party may (i) bring an individual action in small-claims court for a Dispute that qualifies, and (ii) seek injunctive or other equitable relief in court to protect its intellectual property, trade secrets, confidential information, or to enforce the Acceptable Use Policy. The filing of such an action does not waive the right to arbitrate other Disputes.

30-day opt-out. You may opt out of this arbitration agreement by sending a written notice to legal@opiniac.app within 30 days of first accepting these Terms, stating your account email and that you decline to be bound by Section 08.1. Opting out does not affect any other provision of these Terms.

08.2 — Export controls & sanctions

Yosuble AI LLC is a United States company and Opiniac is subject to US export-control and economic-sanctions laws, including regulations administered by the US Department of the Treasury’s Office of Foreign Assets Control (OFAC) and the US Department of Commerce’s Bureau of Industry and Security (BIS).

You represent and warrant that: (a) you are not located in, a resident of, or a national of, any country or territory subject to comprehensive US sanctions — currently Cuba, Iran, North Korea, Syria, the Crimea region, the so-called Donetsk and Luhansk People’s Republics, and other non-government-controlled regions of Ukraine; (b) you are not listed on, or owned or controlled by a party listed on, the OFAC Specially Designated Nationals and Blocked Persons List, the BIS Entity List, or any equivalent restricted-party list maintained by the EU, the UK, or the United Nations; and (c) you will not use Opiniac to, or in a manner that would, violate these laws or re-export outputs to any party or destination prohibited by them.

We reserve the right to decline or terminate access at any time if we reasonably believe a user, transaction, or use of the service would breach these sanctions obligations, and to report or block accounts accordingly.

08.3 — EU AI Act transparency (Art. 50)

Opiniac is a generative AI system within the meaning of Regulation (EU) 2024/1689 (“AI Act”). We disclose the following in compliance with Article 50:

• AI output labelling: Images produced by Opiniac are artificially generated or manipulated. When you publish them on third-party platforms, you must label them as AI-generated where required by that platform’s rules or by local law.
• No training on user content: We do not use your uploaded photos, prompts, or generated outputs to train, fine-tune, or further develop any AI model — ours or a third party’s.
• Biometric processing: The face-preservation feature processes facial characteristics to keep your portrait consistent across outputs. We rely on your explicit consent under Article 9 GDPR and we do not perform biometric identification (one-to-many matching) or biometric categorisation.
• High-risk use prohibited: You may not use Opiniac in ways that would qualify as a high-risk AI system under Annex III of the AI Act (biometric identification, critical infrastructure, law enforcement, migration, etc.) without independent compliance assessment.

08.4 — Digital Services Act — notice and action

We comply with Regulation (EU) 2022/2065 (“DSA”) on illegal content. If you believe content generated, stored, or transmitted through Opiniac is illegal, submit a notice with (i) a precise URL or identifier, (ii) the specific provision of EU or national law the content allegedly violates, (iii) your name and contact (not required for CSAM reports), and (iv) a good-faith statement of accuracy.

Send notices to legal@opiniac.app. We acknowledge receipt within 24 hours, review without undue delay, and act diligently — typically within 72 hours — informing you and the content provider of the decision and the available redress channels, including our internal complaint system and out-of-court dispute settlement under Article 21 DSA.

08.5 — EU consumer ADR & ODR platform

If you are a consumer resident in the European Union and a dispute with us cannot be resolved by direct contact, you may use the European Commission’s Online Dispute Resolution platform at ec.europa.eu/consumers/odr. We are not currently bound to participate in a specific alternative dispute resolution body, but we will engage in good-faith ADR where required by mandatory local law.

08.6 — EU representative (GDPR Art. 27)

For matters relating to the processing of personal data of EU/EEA data subjects, Yosuble AI LLC has designated the following EU representative pursuant to Article 27 GDPR. See our Privacy Policy for current contact details.

08.7 — Accessibility (EAA)

Opiniac is designed to meet the accessibility requirements of Directive (EU) 2019/882 (European Accessibility Act) where applicable. Accessibility feedback and requests go to accessibility@opiniac.app.

08.8 — Service availability & force majeure

Opiniac is a cloud service depending on third-party infrastructure (Supabase, Vercel, Polar, Google Gemini, Replicate, fal.ai, Telegram). We aim for high availability but do not guarantee uninterrupted access. Credits are refunded for runs that fail due to our or our sub-processors’ technical issues. We are not liable for downtime caused by force majeure, third-party outages, or circumstances outside our reasonable control, subject to mandatory consumer protections.

09 — Contact

Questions? Contact us at support@opiniac.app or by phone at +33 6 51 90 89 25. By mail: Yosuble AI LLC, 1209 Mountain Road Pl NE, Ste R, Albuquerque, NM 87110, USA.