Terms of Service
Last updated: January 16, 2025
Please read these Terms of Service ('Terms', 'ToS') carefully before using GPTS Free ('Service', 'we', 'us', 'our'). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part, you may not access the Service.
1. Acceptance of Terms
By using GPTS Free, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms apply to all visitors, users, and others who access the Service. We reserve the right to modify these Terms at any time. Your continued use after changes constitutes acceptance of modified Terms.
2. Description of Service
GPTS Free is a web-based service that uses artificial intelligence to generate images from text descriptions ('prompts'). The Service:
• Is provided free of charge with ad support
• Generates 2 images per request at 512×512 or 1024×1024 resolution
• Requires completion of Cloudflare Turnstile verification
• Implements usage limits to ensure fair access
• Is provided 'as is' without guarantees of availability or specific results
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time without prior notice.
3. User Obligations and Acceptable Use
You agree to use the Service responsibly and in compliance with all applicable laws. You agree NOT to:
• Generate illegal content (child sexual abuse material, terrorist content, etc.)
• Generate NSFW, pornographic, or sexually explicit content
• Generate violent, hateful, or discriminatory content
• Attempt to bypass rate limits or security measures
• Use automated tools, bots, or scripts without permission
• Generate content that infringes on others' intellectual property rights
• Generate deepfakes or misleading content of real people without consent
• Use the Service for harassment, spam, or malicious purposes
• Reverse engineer, decompile, or attempt to extract the AI model
• Resell or commercialize access to the Service itself
• Overload our systems with excessive requests
• Impersonate others or misrepresent your affiliation
Violation of these terms may result in immediate termination of access and potential legal action.
4. Usage Limits and Fair Use
To ensure fair access for all users, we implement the following limits:
• Daily Limit: 20 images per IP address per day
• Rate Limits: Maximum 5 requests per minute, 30 requests per hour
• Global Limit: Service-wide daily quota may be reached during high demand
• Verification Required: Cloudflare Turnstile must be completed for each generation
We reserve the right to adjust limits, block abusive IPs, or implement additional restrictions as needed. Commercial users requiring higher limits should contact us for enterprise arrangements.
5. Content Ownership and License
Generated Images:
• You own the images you generate using our Service
• You are granted a worldwide, non-exclusive, royalty-free license to use, modify, and distribute generated images
• However, AI-generated content may incorporate elements similar to copyrighted works. You are responsible for ensuring your use doesn't infringe third-party rights
• We reserve no rights to images you generate
Your Prompts:
• You retain ownership of prompts you submit
• By submitting prompts, you grant us a limited license to process them for image generation
• We do not permanently store or use your prompts for any purpose other than generating your requested images
Our Content:
• The Service itself, including code, design, branding, and documentation, is our proprietary property
• You may not copy, modify, or create derivative works of the Service
• 'GPTS Free' and related marks are our trademarks
6. Disclaimers and Limitations
THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Guarantees of accuracy, quality, or suitability of generated images
• Promises of uninterrupted or error-free service
• Assurances that generated content is free from copyrighted elements
We do not guarantee:
• That images will match your expectations or prompts exactly
• Service availability at all times (maintenance, outages may occur)
• That generated images are unique or haven't been generated before
• Safety or suitability for any specific purpose
AI-generated images are inherently unpredictable. Results may vary, and we are not responsible for unsatisfactory outputs.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:
• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages arising from your use or inability to use the Service
• Issues arising from generated content (copyright claims, etc.)
• Actions taken based on AI-generated content
• Third-party claims related to content you generate
• Service interruptions, data loss, or technical failures
Our total liability for any claims related to the Service shall not exceed $100 USD or the amount you paid us in the past 12 months (which is typically $0 as the Service is free).
Some jurisdictions don't allow limitation of liability, so some of the above may not apply to you.
8. Indemnification
You agree to indemnify, defend, and hold harmless GPTS Free, its operators, employees, and partners from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
• Your use of the Service
• Your violation of these Terms
• Your violation of any law or third-party rights
• Content you generate using the Service
• Misuse of generated images
• Unauthorized access or use of the Service
This indemnification obligation survives termination of your use of the Service.
9. Intellectual Property and Copyright
Copyright Concerns:
• AI models are trained on large datasets that may include copyrighted works
• Generated images may sometimes resemble existing copyrighted content
• You are responsible for ensuring your use of generated images doesn't infringe copyright
• We are not liable for copyright infringement claims arising from your use of generated images
DMCA Compliance:
• If you believe content on our Service infringes your copyright, contact us with: (1) Description of copyrighted work, (2) Location of infringing material, (3) Your contact information, (4) Statement of good faith belief, (5) Statement of accuracy and authorization
We will investigate valid claims and take appropriate action.
10. Privacy and Data Protection
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Key points:
• We don't store prompts or images permanently
• Minimal data collection (IP address, usage statistics)
• No personal information required
• Compliance with GDPR, CCPA, and other privacy laws
• See full Privacy Policy for details
11. Third-Party Services and Links
Our Service uses third-party services for:
• AI image generation (enterprise AI providers)
• Advertising (Google AdSense)
• Analytics (Google Analytics)
• Security (Cloudflare)
We are not responsible for third-party services, their privacy practices, or their terms. External links on our site are provided for convenience and don't imply endorsement.
12. Termination
We reserve the right to:
• Suspend or terminate your access immediately for ToS violations
• Block IP addresses engaging in abuse or malicious activity
• Discontinue the Service entirely at any time
Upon termination:
• Your right to use the Service immediately ceases
• Provisions regarding ownership, disclaimers, and indemnification survive
• No refunds are owed (as the Service is free)
13. Geographic Restrictions
We operate this Service from various global locations. We make no claims that the Service is appropriate or available for use in all locations. Access from territories where content is illegal is prohibited. You are responsible for compliance with local laws.
Some features may not be available in certain regions due to legal restrictions or technical limitations.
14. Dispute Resolution and Governing Law
These Terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.
Dispute Resolution:
• First, contact us to resolve issues informally
• If unresolved, disputes shall be settled through binding arbitration or small claims court
• Class action lawsuits are waived to the extent permitted by law
• You have one year from the dispute arising to bring claims
Jurisdiction:
You agree to submit to the jurisdiction of courts in our operating location for any disputes not resolved through arbitration.
15. Miscellaneous
Severability: If any provision is found unenforceable, the remaining provisions remain in effect.
Waiver: Our failure to enforce any right or provision doesn't constitute a waiver.
Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us.
Assignment: We may assign our rights and obligations. You may not assign yours without our consent.
Force Majeure: We're not liable for delays or failures due to circumstances beyond our reasonable control.
Feedback: Any feedback you provide may be used by us without obligation or compensation to you.
16. Contact Information
Questions about these Terms? Contact us:
• Through our website contact form
• By email (if provided on our website)
We aim to respond to inquiries within 5-7 business days.