Terms of Service

1. Definitions

In these Terms, the following words have the meanings given below:

• "Wynder," "we," "us," or "our" means Wynder and its operators.
• "Service" means the Wynder platform accessible at trywynder.com and any related applications, APIs, features, or tools.
• "User," "you," or "your" means any individual who accesses or uses the Service.
• "Content" means any text, prompts, images, data, or other material you submit to or generate through the Service.
• "Output" means any image, file, or artifact produced by the AI image generation system in response to your prompts.
• "Credits" means the digital tokens used within the Service to pay for image generation and other features.

2. Eligibility

You must be at least 18 years of age (or the age of legal majority in your jurisdiction, whichever is higher) to create an account and use the Service. By agreeing to these Terms, you represent and warrant that you meet this age requirement. Wynder does not knowingly provide the Service to individuals under 18. If we discover that a user is under 18, we will terminate that account immediately.

You may not use the Service if you are located in a country subject to a U.S. government embargo, or if you are listed on any U.S. government list of prohibited or restricted parties.

3. Account Registration and Security

To access the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration and keep it updated
• Keep your login credentials confidential and not share them with any third party
• Notify us immediately at grant@trywynder.com if you suspect unauthorized access to your account
• Accept responsibility for all activity that occurs under your account, whether or not authorized by you

One account per person. You may not create multiple accounts to circumvent usage limits, billing, or a suspension. We reserve the right to merge or terminate duplicate accounts.

4. Description of the Service

Wynder is a batch AI image generation platform designed for content creators. The Service allows you to submit text prompts, apply style configurations, and generate images at scale via third-party AI model providers (currently OpenAI). You may organize outputs into projects, select and retry failed generations, and export finished images.

The Service is provided on an "as available" basis. We reserve the right to add, modify, suspend, or discontinue any feature or aspect of the Service at any time. We are not obligated to provide any specific feature beyond what is described at the time of your purchase.

5. Credits, Billing, and Subscriptions

Credit System

Wynder operates on a credit system. Credits are consumed when images are generated. The cost per image, estimated total cost, and credit balance are displayed before any batch runs. Actual credit consumption may vary slightly due to model-provider pricing changes, which we will reflect in our pricing page promptly.

Subscription Plans

Wynder offers subscription plans that renew automatically on a monthly or annual basis until cancelled. By subscribing, you authorize Wynder (through Stripe) to charge the payment method on file at each renewal date. You will receive advance notice of any subscription renewal consistent with applicable law.

Pricing Changes

We reserve the right to change credit pricing or subscription rates. We will provide at least 30 days' advance notice of any price increase, either by email or by posting a notice on the Service. Your continued use of the Service after the effective date of a price change constitutes your acceptance of the new pricing.

Taxes

Prices are exclusive of applicable taxes unless stated otherwise. You are responsible for all taxes, levies, and duties associated with your purchase, excluding taxes based on Wynder's net income.

Failed Payments

If your payment fails, your subscription may be suspended. We will attempt to notify you and may retry the charge. Access to the Service may be restricted until a successful payment is made.

6. Refunds and Cancellations

Subscriptions

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period; you retain access until then. We do not provide prorated refunds for unused portions of a subscription period.

Credits

Credits are generally non-refundable once purchased. An exception applies if (a) a confirmed technical error on our part caused credits to be consumed without delivering a functioning output, or (b) you cancel within 48 hours of your first purchase and have not used any credits. Refund requests must be submitted to grant@trywynder.com within 14 days of the relevant charge. We reserve sole discretion over all refund decisions not required by applicable law.

Chargebacks

If you initiate a chargeback or payment dispute with your bank or card provider without first contacting us, we may immediately suspend your account and contest the chargeback. Fraudulent chargebacks may result in permanent account termination.

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service to:

• Generate, transmit, or store content that is illegal under applicable local, national, or international law
• Generate content depicting minors (individuals under 18) in a sexual, violent, or exploitative context
• Generate content designed to defame, harass, threaten, or harm any identifiable individual or group
• Infringe or misappropriate any patent, trademark, trade secret, copyright, or other intellectual property right of any third party
• Create deepfake content intended to deceive, defraud, or manipulate without clear disclosure
• Generate content designed to facilitate actual violence, terrorism, or other criminal activity
• Circumvent, disable, or interfere with any security, access control, or rate-limiting feature of the Service
• Probe, scan, or test the vulnerability of the Service or its underlying systems without express written permission
• Use automated tools, bots, or scripts to access the Service in a manner that exceeds normal human usage patterns, unless permitted by a written API agreement
• Scrape, copy, or systematically download Outputs for the purpose of training, fine-tuning, or benchmarking any machine learning model that competes with Wynder or its underlying model providers
• Resell, sublicense, or make the Service available to third parties without our express written consent
• Use the Service in any way that could damage, disable, overburden, or impair the Service or any server or network connected to it

We may suspend or terminate your account immediately, without notice or refund, if we determine in our sole discretion that you have violated this Acceptable Use Policy. We cooperate with law enforcement and may report violations to the appropriate authorities.

8. AI-Generated Content

Nature of Outputs

Outputs are generated by third-party AI models (currently OpenAI's image generation API). Wynder does not guarantee that any Output will be accurate, complete, suitable for any purpose, free from third-party intellectual property claims, or non-infringing. You use Outputs at your own risk.

Copyright and Ownership

As of the date of these Terms, U.S. courts and the U.S. Copyright Office have held that purely AI-generated works (those lacking sufficient human authorship) may not be eligible for copyright protection. We make no representation that any Output is protectable by copyright. The extent to which you have any ownership interest in an Output depends on your creative contributions (e.g., crafting the prompt, selecting from variations) and applicable law in your jurisdiction, which continues to evolve.

To the extent any intellectual property rights do exist in Outputs, you retain those rights. Wynder claims no ownership over your Content or your Outputs.

Your Responsibility for Outputs

You are solely responsible for reviewing Outputs before publishing, distributing, or monetizing them. You must ensure that any Output you use complies with all applicable laws and does not infringe third-party rights. You agree to indemnify Wynder for any claims arising from your use of Outputs (see Section 11).

Prompt Submission and Model Providers

When you generate images, your prompts are transmitted to OpenAI's API. By using the Service, you also agree to comply with OpenAI's Usage Policies, which are incorporated herein by reference. Any violation of OpenAI's policies is also a violation of these Terms.

Wynder does not use your Outputs or prompts to train its own machine learning models. We may, however, retain Content for the limited purposes described in our Privacy Policy (e.g., support, debugging, abuse detection).

Content Filtering

The Service employs automated content filters to block prohibited content. These filters may produce false positives or false negatives. A prompt being accepted by our filters is not a representation that the resulting Output is legal, non-infringing, or appropriate for your intended use.

9. Intellectual Property

Wynder's Property

The Service, including its design, code, branding, trademarks, logos, interface layouts, documentation, and all content created by Wynder, are owned by Wynder and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, reverse engineer, or create derivative works from any part of the Service without our express written permission.

License to Use the Service

Subject to these Terms and your payment of applicable fees, Wynder grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include the right to resell or sublicense the Service.

Feedback

If you provide us with suggestions, feedback, or ideas about the Service ("Feedback"), you grant Wynder a perpetual, irrevocable, worldwide, royalty-free license to use that Feedback for any purpose without compensation or attribution to you.

10. DMCA / Copyright Notice

Wynder respects intellectual property rights. If you believe that content accessible through the Service infringes your copyright, you may submit a written notice to our designated DMCA agent at:

DMCA Agent: Grant Bilby
Email: grant@trywynder.com
Address: Available upon request

Your notice must include: (1) a physical or electronic signature of the copyright owner or authorized agent; (2) identification of the copyrighted work; (3) identification of the allegedly infringing material and its location; (4) your contact information; (5) a statement of good faith belief that the use is not authorized; and (6) a statement under penalty of perjury that the information is accurate.

We will respond to valid notices in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512). Counter-notifications may be submitted to the same address. We may terminate accounts of repeat infringers.

11. Indemnification

You agree to indemnify, defend, and hold harmless Wynder and its officers, directors, employees, contractors, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service or any Output
• Your Content or prompts, including any claim that they infringe a third party's intellectual property rights
• Your violation of these Terms or any applicable law or regulation
• Your violation of any third party's rights, including privacy rights
• Any representation or warranty you made that was false or misleading

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claims.

12. Third-Party Services

The Service integrates with and depends on third-party services including but not limited to:

• OpenAI — AI image generation
• Stripe — payment processing and subscription management
• Supabase — database, authentication, and file storage
• Resend — transactional email delivery

Wynder is not responsible for the availability, performance, or conduct of any third-party service. Your use of third-party services is subject to their respective terms of service and privacy policies. Outages, rate limits, or policy changes by third-party providers may affect the availability or cost of the Service, and Wynder shall not be liable for any resulting disruption.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WYNDER DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) NON-INFRINGEMENT; (D) TITLE; (E) ACCURACY OR COMPLETENESS OF ANY OUTPUT; (F) UNINTERRUPTED OR ERROR-FREE OPERATION; AND (G) FREEDOM FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

We do not warrant that any Output will be suitable for publication, monetization, or any specific creative or commercial purpose. AI-generated content may contain inaccuracies, artifacts, or content that is inappropriate for certain audiences. You are solely responsible for evaluating the suitability of any Output before use.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WYNDER OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY
• COSTS OF SUBSTITUTE SERVICES OR PROCUREMENT
• LOSS OF CONTENT OR OUTPUTS, EVEN IF WYNDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

IN ALL CASES, WYNDER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID WYNDER IN THE 90 DAYS PRECEDING THE CLAIM, OR (B) $50 USD.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability for fraud, gross negligence, or willful misconduct, or for death or personal injury caused by negligence.

15. Force Majeure

Wynder shall not be liable for any delay or failure to perform any obligation under these Terms due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, civil unrest, governmental actions, Internet or telecommunications failures, third-party API outages (including OpenAI), power failures, or other events outside of our reasonable ability to predict or prevent. In such events, our obligations will be suspended for the duration of the force majeure event.

16. Dispute Resolution and Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Informal Resolution First

Before filing any arbitration or court proceeding, you agree to contact us at grant@trywynder.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days of receiving your written notice describing the nature of the dispute and the relief sought. If no resolution is reached within that period, either party may proceed to arbitration as described below.

Binding Arbitration

Any claim, dispute, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally will be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except as otherwise stated here. The arbitration shall be conducted in English. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

The arbitration shall take place on an individual basis. You and Wynder expressly waive the right to bring any class, collective, or representative action in arbitration.

Opt-Out Right

You may opt out of this arbitration agreement within 30 days of first agreeing to these Terms by sending written notice to grant@trywynder.com with the subject line "Arbitration Opt-Out." If you opt out, disputes will be resolved in the courts described in Section 18.

Exceptions

Notwithstanding the foregoing, either party may bring an individual action in small claims court, and either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights or unauthorized disclosure of confidential information.

17. Class Action Waiver

YOU AND WYNDER AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. UNLESS BOTH PARTIES AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS.

If this class action waiver is found to be unenforceable, the arbitration agreement in Section 16 will be null and void in its entirety, and such claims will be resolved in a court of competent jurisdiction.

18. Governing Law

These Terms and any dispute arising from them are governed by the laws of the State of Indiana, United States, without regard to its conflict of law provisions. Subject to the arbitration agreement in Section 16 and its opt-out provision, you consent to the exclusive jurisdiction of the state and federal courts located in Marion County, Indiana for any disputes not subject to arbitration.

19. Termination

Termination by You

You may terminate your account at any time by contacting us at grant@trywynder.com or using the account deletion feature in your account settings if available. Termination does not entitle you to a refund of any unused credits or prepaid subscription fees, except as required by law or as described in Section 6.

Termination by Wynder

We may suspend or permanently terminate your access to the Service, with or without notice, for any reason, including but not limited to: (a) your violation of these Terms; (b) your failure to pay applicable fees; (c) conduct that we reasonably believe to be harmful to other users, third parties, or the Service; or (d) our decision to discontinue the Service in whole or in part.

Effect of Termination

Upon termination: (a) the license granted to you under Section 9 immediately expires; (b) your access to the Service and your Content within it will be disabled; (c) unused Credits are forfeited without refund; and (d) we may, but are not required to, delete your data in accordance with our Privacy Policy. Sections 7, 8, 9, 11, 13, 14, 16, 17, 18, and 20 survive termination.

20. General Provisions

Entire Agreement. These Terms and our Privacy Policy constitute the entire agreement between you and Wynder regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Wynder.

Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may freely assign our rights and obligations, including in connection with a merger, acquisition, or sale of assets. These Terms will bind your successors and assigns.

No Third-Party Beneficiaries. These Terms are for the benefit of you and Wynder only. No third party has any rights under these Terms.

Notices. We may provide notices to you by email, in-app notification, or posting to the Service. Notices to us must be sent to grant@trywynder.com.

Changes to These Terms. We reserve the right to modify these Terms at any time, with or without prior notice, at our sole discretion. Changes take effect immediately upon posting unless stated otherwise. The "last updated" date at the top of this page reflects when changes were last made. Your continued use of the Service after any changes constitutes your binding acceptance of the revised Terms. If you do not agree to the updated Terms, your sole remedy is to stop using the Service and cancel your subscription. We are not obligated to notify you of every change, though we will make reasonable efforts to communicate material changes by email or in-app notice when feasible.

21. Contact

Questions about these Terms? Email us at grant@trywynder.com. We typically respond within 2–3 business days.