Terms of Service

1. Definitions and Interpretation

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and NODE Piotr Nowicki, a sole proprietorship registered under the laws of the Republic of Poland, with its registered address at al. Aleja Komisji Edukacji Narodowej 36, lok. 112B, 02-797 Warszawa, Poland, NIP: 9512304601, REGON: 147233931 ("Company," "we," "us," or "our"), governing your access to and use of the InstaCheat platform, including the website located at instacheat.io and all associated services, APIs, and applications (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Refund Policy. If you do not agree to these Terms, you must not access or use the Service.

2. Nature of the Service

InstaCheat is an AI-powered image generation service that allows Users to upload a personal photograph ("Source Image") and receive AI-generated composite images depicting the User in various travel destinations ("Generated Content"). The Service utilizes third-party generative artificial intelligence models to produce the Generated Content.

You expressly acknowledge and agree that:

• All Generated Content is entirely artificial and computer-generated. It does not represent actual photographs, real events, or real locations visited by the User.
• The quality, accuracy, likeness preservation, and aesthetic characteristics of Generated Content may vary and are dependent on factors including, but not limited to, the quality of the Source Image, AI model performance, and computational constraints.
• We make no guarantee that Generated Content will achieve any particular level of photorealism, likeness accuracy, or aesthetic quality.
• The Service is provided for entertainment, personal creative expression, and social media content creation. You are solely responsible for how you use and present Generated Content. Any use of Generated Content for fraud, impersonation with intent to harm, identity theft, defamation, or any illegal purpose is strictly prohibited.

3. Eligibility

You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this requirement. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind such organization to these Terms.

4. User Accounts and Access

The Service currently operates without mandatory user account registration. Access to certain features requires a one-time payment per image pack. We reserve the right to introduce account registration requirements at any time, with reasonable notice provided to Users.

5. User Content and Representations

By uploading a Source Image to the Service, you represent, warrant, and covenant that:

• The Source Image depicts you and only you, or you have obtained explicit, informed, written consent from the individual depicted to use their likeness for AI image generation purposes.
• You have all necessary rights, licenses, and permissions to upload and submit the Source Image for processing.
• The Source Image does not infringe upon any third party's intellectual property rights, privacy rights, publicity rights, or any other proprietary rights.
• The Source Image does not contain illegal content, depictions of minors, or any content that violates applicable law or public policy.
• You assume full and sole responsibility for any claims arising from the upload and use of the Source Image.

6. Intellectual Property Rights

6.1 Service IP

All intellectual property rights in the Service, including but not limited to the website design, user interface, logos, trademarks, trade names, source code, algorithms, and documentation, are and shall remain the exclusive property of the Company or its licensors. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use the Service in accordance with these Terms.

6.2 Generated Content

Subject to your compliance with these Terms and full payment of applicable fees, we grant you a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, display, and distribute the Generated Content for personal, non-commercial purposes, including posting on personal social media accounts.

For commercial use of Generated Content (including but not limited to advertising, sponsored content, or promotional materials), you must obtain prior written authorization from the Company by contacting us at hello@instacheat.io.

6.3 No Ownership Transfer

The license granted under Section 6.2 does not constitute a transfer of ownership. The Company may use anonymized, aggregated, non-personal technical metadata derived from the generation process (such as processing times, error rates, and format statistics) for the sole purpose of improving the Service and conducting internal research. This expressly excludes your Source Images, your likeness, any Generated Content containing your likeness, and any other personally identifiable information. We do not use your Source Images or Generated Content containing your likeness to train our own AI models.

7. Free Preview and Paid Service

7.1 Free Preview

The Service offers a free preview feature that generates one (1) sample photo before purchase. The free preview is subject to the same data handling, content, and conduct terms as the paid Service. Source Images uploaded during the free preview are processed under the same conditions described in our Privacy Policy. No payment information is collected for the free preview.

7.2 Payments and Pricing

Access to the full image pack requires payment. All prices are displayed at the point of purchase and are inclusive of applicable taxes unless otherwise stated. Payments are processed by Stripe, Inc.("Payment Processor"). By making a payment, you agree to the Payment Processor's terms of service.

We reserve the right to modify pricing at any time. Price changes will not affect orders already confirmed and paid for at the time of the change.

Before being redirected to payment, you must actively confirm acceptance of these Terms, the Privacy Policy, and the Refund Policy, as well as the applicable withdrawal-right waiver for immediate digital delivery. We may retain a record of those checkout acknowledgements, including timestamp, session identifier, and policy version, for evidentiary, compliance, and dispute-resolution purposes.

7.3 Right of Withdrawal

Under EU consumer law, digital content that is delivered immediately upon purchase and with the consumer's prior express consent is exempt from the 14-day withdrawal right (Directive 2011/83/EU, Article 16(m)). By clicking "Pay" and initiating image generation, you expressly consent to the immediate performance of the contract and acknowledge that you lose your right of withdrawal once the generation process begins. Notwithstanding the foregoing, our Refund Policy provides additional voluntary protections.

Paid Generated Content is delivered directly to your browser during the active session after payment verification. You are responsible for downloading the delivered files promptly after generation is complete.

8. Refunds

Refund requests are governed by our Refund Policy. In summary, we offer a 24-hour refund window from the time of purchase if the Generated Content materially fails to meet reasonable quality expectations. Refund eligibility is assessed at our reasonable discretion. Refunds are processed via the original payment method.

9. Prohibited Uses

You agree not to use the Service to:

• Generate content depicting any person without their explicit consent.
• Create non-consensual intimate imagery or any sexually explicit content.
• Produce content for the purpose of fraud, impersonation, identity theft, or any form of deception intended to cause material harm to any person or entity.
• Generate content that promotes violence, hatred, discrimination, or harassment based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic.
• Violate any applicable local, national, or international law, regulation, or ordinance.
• Attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of the Service.
• Interfere with, disrupt, or overload the Service's infrastructure, including by automated means (bots, scrapers, crawlers).
• Circumvent or attempt to circumvent any access controls, security measures, or usage limitations of the Service.
• Resell, sublicense, or redistribute the Service or access thereto without prior written consent.

We reserve the right to suspend or terminate access to the Service, without refund, for any User who engages in prohibited conduct.

10. Data Processing and Privacy

We process personal data, including Source Images, in accordance with our Privacy Policyand in compliance with the General Data Protection Regulation (EU) 2016/679 ("GDPR") and the Polish Act of 10 May 2018 on the Protection of Personal Data (Journal of Laws 2018, item 1000, as amended).

Source Images are processed solely for the purpose of generating the requested content. We implement technical and organizational measures to safeguard your data in accordance with Article 32 of the GDPR.

11. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or reliability of any Generated Content.

This disclaimer does not affect statutory rights that cannot be excluded or limited under applicable consumer protection law, including Directive 2011/83/EU and the Polish Consumer Rights Act of 30 May 2014.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE).

OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in this Section shall exclude or limit liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded or limited under applicable mandatory law.

13. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney's fees) arising out of or in connection with: (a) your use of the Service; (b) your breach of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or publicity right; or (d) any content you upload to or generate through the Service.

14. Third-Party Services

The Service integrates with and relies upon third-party services, including but not limited to AI model providers (Google LLC) and payment processors (Stripe, Inc.). We are not responsible for the availability, accuracy, or performance of any third-party services. Your use of such services is subject to their respective terms and privacy policies.

15. Modifications to the Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated by posting the updated Terms on the Service with a revised "Last updated" date. Your continued use of the Service after any such modifications constitutes your acceptance of the revised Terms. If you do not agree with the modified Terms, you must discontinue use of the Service.

16. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, all rights and licenses granted to you under these Terms will immediately cease. Sections that by their nature should survive termination (including, without limitation, intellectual property provisions, disclaimers, limitations of liability, and indemnification) shall survive.

17. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of Poland, without regard to its conflict of law provisions, and where applicable, the mandatory consumer protection provisions of the European Union.

Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Warsaw, Poland, provided that this clause does not deprive EU consumers of the protections afforded by mandatory provisions of the law of their country of habitual residence, in accordance with Article 6(2) of Regulation (EC) No 593/2008 (Rome I).

EU consumers may also use the European Commission's Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

18. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

19. Entire Agreement

These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and the Company regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, relating to the Service.

20. Contact Information

For any questions regarding these Terms, please contact us at: