Terms of Service

These Terms of Service ("Terms") govern your access to and use of Thumbalyze, including our website, dashboard, AI tools (thumbnail analysis, thumbnail generation, title suggestions, AI Avatars, custom templates, background removal, upscaling, script writing, niche discovery, and related features), Coach chat, credits system, optional YouTube linking, affiliate and Creator Rewards programs, and related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms and our Privacy Policy.

You must be at least 13 years old, or the applicable age of digital consent in your jurisdiction, to use Thumbalyze. If you are under the age of majority where you live, you may use the Service only with permission of a parent or legal guardian who accepts these Terms on your behalf.

You may not use Thumbalyze to submit personal data of children under 13 or below the applicable age of digital consent to AI-powered features.

• You are responsible for your account credentials and all activity under your account.
• Information you provide must be accurate and kept up to date.
• You must notify us promptly of unauthorized access or security incidents.
• We may suspend or terminate accounts that violate these Terms or pose risk to the Service.

Thumbalyze offers free and paid plans with monthly credit allocations. Credits are consumed when you run credit-gated tools such as analysis, generation, scripting, and similar features, as shown in the product. Paid subscriptions renew automatically through Stripe unless canceled before the renewal date. Feature availability, credit amounts, and pricing may change with notice where required. Downgrades and cancellations take effect according to the billing cycle shown in your account.

Certain features — including linking multiple YouTube channels, the background remover, and the upscaler — are available only on paid plans as described on our Pricing page.

When you cancel a paid plan, we may offer a one-time discount on your next invoice to stay subscribed. Accepting it keeps your subscription active at your current plan; the discount applies to one billing period only and cannot be combined with other active discounts.

You agree not to:

• Use the Service for unlawful, harmful, harassing, or fraudulent purposes.
• Upload content you do not have rights to use or that violates others' rights.
• Submit sensitive, confidential, or proprietary information to AI-powered features if you do not want that information used by third-party AI providers for service improvement, model development, evaluation, or related research.
• Use the Service to process protected health information (PHI) under HIPAA, or personal data of children under 13 or below the applicable age of digital consent.
• Upload photos of a person to AI Avatar features without that person's permission, or use generated likenesses to impersonate, defame, harass, or mislead others.
• Attempt to reverse engineer, scrape, overload, or circumvent plan limits or security.
• Resell, sublicense, or provide unauthorized access to the Service.
• Use automated means to abuse credits, APIs, or authentication flows.
• Manipulate the affiliate or Creator Rewards programs, including through self-referrals, fake accounts, purchased or artificial views, or falsified analytics evidence.

AI Avatar features let you upload photos of a person so that person can appear in generated thumbnails. You may only upload photos of yourself or of people who have given you permission to use their likeness this way. You are responsible for how you use thumbnails that show a real person, including clearly labeling or avoiding content that could mislead viewers. You can delete an avatar at any time; see our Privacy Policy for how we handle these photos.

You retain ownership of content you submit to Thumbalyze. You grant Thumbalyze a limited, non-exclusive license to host, store, process, transmit, display, and otherwise use that content as reasonably necessary to provide, maintain, secure, and improve the Service, including sending applicable content to third-party AI providers such as OpenAI to provide the AI features you request.

You are solely responsible for all content and inputs you (and anyone using your account) provide to the Service. You represent and warrant that you have all rights, licenses, and permissions necessary — including any notices or consents required for end users or third parties whose content or likeness appears in your uploads — to provide that content to Thumbalyze and applicable AI providers.

Your content may also be processed by third-party providers for purposes described in our Privacy Policy, including, where applicable, OpenAI's Development Purposes under its Content Sharing arrangement.

You further represent that your content does not infringe or misappropriate any third party's intellectual property, privacy, publicity, or other rights.

Thumbalyze uses third-party AI providers, including OpenAI, to process content you submit and produce scores, suggestions, images, scripts, coaching replies, and other outputs.

Certain Thumbalyze features use OpenAI services for which Thumbalyze has enabled OpenAI's Content Sharing arrangement. As a result, applicable content submitted through those services may be used by OpenAI for Development Purposes, including model training, research, development, evaluation, and testing. OpenAI may process such designated content as an independent data controller for those purposes, as described in our Privacy Policy and the applicable OpenAI Content Sharing Agreement.

You agree not to submit sensitive, confidential, proprietary, or other information that you do not want used for Development Purposes. You are responsible for ensuring that you have all necessary rights, licenses, permissions, notices, and consents for content you submit.

AI outputs may be inaccurate, incomplete, or unsuitable for your specific situation. Outputs are provided for informational and creative assistance only. They are not guaranteed predictions of YouTube performance, revenue, CTR, or other outcomes. Image tools such as background removal and upscaling may produce imperfect results, so review outputs before publishing them. You are solely responsible for decisions you make based on Service outputs.

Optional YouTube linking uses Google OAuth. Your use of YouTube is also subject to Google's and YouTube's terms and policies. We access channel data only as permitted by the scopes you approve. We are not affiliated with, endorsed by, or sponsored by YouTube or Google.

If you participate in our affiliate program, additional program rules apply. Commissions, eligibility, and payout terms are described on the affiliate pages and may be updated from time to time.

Referrals are credited when a new user signs up within 30 days of opening your referral link. Affiliate payouts are made through Stripe Connect, so you must complete Stripe's onboarding and identity verification and agree to Stripe's terms to receive payment. We may withhold or reverse commissions tied to refunds, chargebacks, fraud, or violations of these Terms.

Creator Rewards is an optional program, separate from affiliate commissions, that pays approved creators for eligible short-form videos about Thumbalyze posted on YouTube Shorts, TikTok, or Instagram Reels. To take part, your application must be approved, and you must verify that you own each social account you submit videos from.

Rewards are currently $0.50 per 1,000 verified, eligible organic views. A video must reach at least 10,000 verified views to earn a reward, and a single video can earn no more than $250. Views are verified at least 7 days after you submit a video, using the analytics evidence you provide and our own review.

We decide eligibility and verified view counts in our reasonable discretion, and we may reject submissions, withhold rewards, or remove you from the program for paid or artificial views, misleading content, falsified evidence, or other violations of these Terms. Rates, limits, and eligibility rules may change; changes apply to videos submitted after they take effect. You are responsible for any taxes on rewards you receive and for following each platform's rules, including any required sponsorship or affiliate disclosures.

The Service integrates with third parties such as Stripe (including Stripe Connect), Google, PostHog, and AI providers (including OpenAI). Content you submit for AI features may be processed by those providers. We are not responsible for third-party services, and your use of them may be governed by separate terms.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THUMBALYZE AND ITS OPERATORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100) IF YOU HAVE NOT PAID US, WHICHEVER IS GREATER.

You will defend and indemnify Thumbalyze against claims arising from your content, your use of the Service, or your violation of these Terms or applicable law.

You may stop using the Service at any time. We may suspend or terminate access if you breach these Terms or if we discontinue the Service. Sections that by nature should survive termination (including limitations of liability and indemnification) will survive.

We may modify these Terms or the Service at any time. Material changes will be indicated by updating the "Last updated" date and, where appropriate, additional notice. Continued use after changes constitutes acceptance.

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict-of-law principles, except where mandatory consumer protection laws in your jurisdiction provide otherwise.

Questions about these Terms: