These Terms of Service ("Terms") govern your access to and use of Gifmailer (the "Service"), operated by Gifmailer ("we", "us", "our"), available at gifmailer.com. By creating an account or using the Service in any way, you agree to be bound by these Terms and our Privacy Policy and Refund Policy. If you do not agree, do not use the Service.
Gifmailer is an AI-powered platform that lets you generate animated GIFs, images, and videos from photos, prompts, or short video references using third-party AI models. You can embed these into email templates, create Gmail drafts via Google OAuth, and manage a library of generated assets. The Service is provided for commercial and personal marketing use.
- You must be at least 18 years old to create an account and use the Service.
- You are responsible for maintaining the security of your account credentials and for all activity under your account.
- You must provide accurate and complete information when registering.
- One person or entity may not maintain multiple accounts to circumvent credit limits or free trial restrictions.
- Notify us immediately of any unauthorized use of your account.
- The Service is offered on a subscription basis with monthly credit allowances, plus optional one-time credit top-ups.
- Subscriptions renew automatically at the end of each billing cycle until cancelled. You can cancel anytime from account settings; cancellation takes effect at period end.
- Prices are listed on our Pricing page. We may change pricing with at least 30 days' notice before the next renewal.
- Payments are processed by our payment providers (e.g. Paddle, Paystack), who act as merchant of record where applicable.
- Unused credits expire at the end of each billing period unless stated otherwise in your plan. Credit top-ups are non-refundable once partially consumed — see our Refund Policy.
- If a generation fails due to our error, credits are automatically refunded to your balance.
You agree not to use the Service to:
- Generate content that is illegal, defamatory, harassing, hateful, or that infringes intellectual property rights.
- Generate sexual content involving minors, non-consensual intimate imagery, or deepfakes of real, identifiable people without their explicit consent.
- Generate content that impersonates another person or organisation in a deceptive or fraudulent manner.
- Send unsolicited bulk email (spam) or violate anti-spam laws (CAN-SPAM, CASL, GDPR, the Australian Spam Act, etc.).
- Attempt to reverse-engineer, decompile, resell, or redistribute the Service or access underlying provider APIs directly.
- Circumvent credit limits, rate limits, or usage caps, or use automated scripts to abuse the Service.
- Use the Service to build a competing product or service.
Violations may result in immediate suspension or termination of your account and forfeiture of remaining credits, without refund.
- You retain ownership of the photos, prompts, and outputs you create using the Service.
- You grant us a limited, non-exclusive license to host, process, and display your content solely to operate the Service for you.
- We do not use your content to train AI models.
- You are solely responsible for ensuring you have the rights to upload any photos or materials you submit, and that your outputs comply with these Terms and applicable law.
- You may delete your uploads and generated GIFs from your library at any time.
The Service, including its design, software, templates, branding, and documentation, is owned by Gifmailer and protected by intellectual property laws. System templates provided within the Service may be used in your email campaigns but may not be resold or redistributed as standalone assets. AI-generated outputs you create are yours to use, subject to the terms of the underlying AI model providers.
The Service relies on third-party providers including Google (Gmail API, OAuth), and AI model providers such as the Lovable AI Gateway, Black Forest Labs (Flux), Replicate, Google Gemini, and Klipy (GIF search). Your use of those features is also subject to their respective terms. We are not responsible for the actions or availability of third-party providers.
You may cancel your subscription at any time from your account settings. We may suspend or terminate your account if you violate these Terms, fail to pay applicable fees, or engage in activity that harms the Service or other users. On termination, your right to use the Service ends immediately, and we may delete your content in accordance with our Privacy Policy.
- The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement.
- We do not guarantee that AI-generated outputs will meet your requirements or be free from errors, biases, or defects.
- We are not liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill.
- To the maximum extent permitted by law, our aggregate liability for any claim arising from the Service is limited to the amount you paid us in the 12 months preceding the claim.
You agree to indemnify and hold harmless Gifmailer and its officers, employees, and partners from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of the Service, your content, or your violation of these Terms.
We are not liable for any failure or delay in performing our obligations under these Terms due to causes beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, government action, labour disputes, internet or infrastructure outages, or failures of third-party AI providers.
These Terms are governed by the laws applicable to the jurisdiction where Gifmailer is established, without regard to conflict-of-law principles. You and Gifmailer agree to attempt to resolve any dispute informally first. If that fails, disputes will be resolved through binding arbitration rather than in court, except that you may bring small-claims matters in a court of competent jurisdiction. The prevailing party in any dispute is entitled to recover reasonable legal fees.
We may update these Terms from time to time. Material changes will be announced via email or in-app notice at least 30 days before they take effect. The "Last updated" date at the top reflects the most recent revision. Continued use of the Service after changes constitutes acceptance of the updated Terms.
