Terms of Use

Welcome to N Sketch. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services and applications (the "Services"). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at: support@nsketch.ai.

These Terms of Use (the "Terms") are a binding contract between you and NS7 LLC ("N Sketch," "we," "us"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in our Privacy Policy and any other relevant policies we publish.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS‑WIDE ARBITRATION.

Will these Terms ever change?

We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site, send you an email, and/or notify you by some other means. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

What about my privacy?

N Sketch takes the privacy of its users very seriously. For the current N Sketch Privacy Policy, please visit /privacy-policy.

Children's Online Privacy Protection Act

We do not knowingly collect or solicit personally identifiable information from children under 13 years of age; if you are under 13, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@nsketch.ai.

What are the basics of using N Sketch?

N Sketch is a platform that allows users to access a suite of web tools powered by artificial intelligence to generate visual media for use in a variety of contexts. You may be required to sign up for an account, select a password and user name ("Credentials"), and provide us with certain information. You agree to provide accurate, complete, and updated registration information. You may not select a name you do not have the right to use, or another person's name with the intent to impersonate. You may not transfer your account without our prior written permission.

You may be able to access certain parts or features of the Services by using your credentials from other services ("Third Party Account"), such as Google or Discord. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services; you can control what we can access via your Third Party Account privacy settings.

You represent and warrant that you are of legal age to form a binding contract (or have parental/guardian consent). If you're agreeing on behalf of an organization, you represent and warrant that you're authorized to bind that organization, and "you" will refer to that organization.

You may use the Services for personal or professional purposes, subject to these Terms and your subscription tier or any additional terms you enter with N Sketch. N Sketch may allow you to commercialize certain Content generated from the Services, subject to our policies and restrictions. You're solely responsible for ensuring your use complies with applicable laws and regulations.

You will not share your Credentials or account with anyone, and you must protect their security. You're responsible for any activity associated with your account.

What about messaging?

As part of the Services, you may receive communications (for example, via email). You may opt out of certain communications in your account settings.

Are there restrictions in how I can use the Services?

You represent, warrant, and agree that you will not provide, contribute, or generate any Content or User Submission, or otherwise use the Services, in a manner that:

• infringes or violates the rights of any person or entity;
• violates any law or regulation;
• is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
• jeopardizes the security of your account or another's;
• attempts to obtain the password/account/security info of any user;
• violates the security of any computer network or circumvents encryption;
• runs unsolicited communications or processes that interfere with the Services;
• crawls/scrapes/spiders any portion of the Services or Content;
• copies or stores any significant portion of the Content; or
• decompiles, reverse engineers, or attempts to obtain source code or underlying ideas.

Prohibited examples include: harmful or dehumanizing content; discriminatory or harmful stereotypes; misinformation/disinformation; impersonation ("deepfakes"); sexually explicit, pornographic, or lewd content. Violations are grounds for termination of your access.

What are my rights in the Services?

The materials displayed or performed on or through the Services (the "Content") are protected by copyright and other intellectual property laws. You agree to abide by all notices and restrictions in any Content you access and won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit any Content not owned by you without prior consent of the owner or in a way that violates others' rights.

Subject to these Terms, we grant you a worldwide, non‑exclusive, non‑sublicensable, non‑transferable license to access and use (and in certain instances download, display, and re‑share) Content generated from using the Services, which may be dependent on your purchases or plan. You understand that N Sketch owns the Services. You won't exploit the Services themselves, except for Content we give you a license to. The Services may allow copying/downloading of certain Content, but restrictions in this section still apply.

What about anything I contribute – do I grant licenses?

User Submissions

Anything you post, upload, share, store, or otherwise provide or generate through the Services is your "User Submission." Depending on your subscription tier, you may have the option to make your User Submissions private. You're solely responsible for your User Submissions and for complying with all applicable laws.

Your Responsibilities

You agree not to provide User Submissions that (i) infringe rights; (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty; (vii) promote fraudulent or dubious money‑making ventures; or (viii) violate any law.

Licenses

To display your User Submissions and allow their use within the Services, you grant N Sketch a worldwide, non‑exclusive, perpetual, royalty‑free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit such User Submissions in connection with the Services and our business, including for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and channels, and including after your termination. You also grant each user a non‑exclusive, perpetual license to access and use such User Submissions through the Services, including to edit, modify, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions. You represent and warrant you have all rights necessary to grant such licenses without infringement or violation of any third‑party rights.

Sharing and Redistribution

Certain features allow you to share information with others, including via social networks or other Third Party Accounts. If you share information from the Services with others, you authorize N Sketch to share that information with the applicable provider. If you redistribute Content, you must be able to edit or delete it promptly upon our request.

Technical Adaptations

You understand and agree that N Sketch may need to make changes to your User Submissions to conform and adapt them to the technical requirements of connections, networks, devices, services, or media.

What if I see something that infringes my copyright?

In accordance with the DMCA, we adopt the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material we believe in good faith to be copyrighted material illegally copied and distributed and (2) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements

If you believe material accessible through the Services infringes your copyright, please send a notice containing: (a) a physical/electronic signature of a person authorized to act on behalf of the owner; (b) identification of the works or materials being infringed; (c) identification of the infringing material and information to locate it; (d) contact information for the notifier; (e) a good faith statement that the material is not authorized; and (f) a statement under penalty of perjury that the information provided is accurate and that you are authorized to make the complaint.

Once Proper Notice Is Received

We may remove or disable access to the infringing material; notify the content provider; and terminate access for repeat offenders.

Counter‑Notice

If you believe material removed or disabled is not infringing, you may send a counter‑notice with: (a) your physical/electronic signature; (b) identification of the material and its prior location; (c) a statement of good faith belief that the removal/disablement was a mistake; and (d) your name, address, telephone, and email, and a statement consenting to jurisdiction of the appropriate court and accepting service from the original notifier.

Please contact N Sketch's Designated Agent at the following address:

Who is responsible for what I see and do on the Services?

Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated. You access all such information at your own risk. We cannot control how you interpret and use the Content, and you release us from liability for your having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact.

The Services may contain links to third‑party websites or services. You accept that there are risks in accessing these, and N Sketch is not responsible for such risks or for the content, accuracy, privacy policies, or practices of or opinions expressed by third parties. Your interactions with organizations or individuals found on or through the Services are solely between you and them.

If there is a dispute between participants on the Services, you agree N Sketch is under no obligation to become involved. You release N Sketch and its Personnel from claims arising out of or related to such disputes.

Will N Sketch ever change the Services?

We're always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, introduce new features, impose limits, or restrict access. We may remove any Content at any time, for any reason, in our sole discretion, and without notice.

Do the Services cost anything?

The Services may be free or subject to fees. If you are using a free version, we will notify you before any Services you use begin carrying a fee. If you elect to receive text messages, data and message rates may apply.

Paid Services

Some Services may require payment ("Paid Services"). See our Pricing page for current Paid Services. Any payment terms presented during signup are part of these Terms.

Billing & Payment Method

We use a third‑party payment processor (currently Stripe, Inc.). By choosing Paid Services, you agree to pay all charges in effect for your use, and you authorize us (via the processor) to charge your chosen payment method. We reserve the right to correct errors or mistakes even if already requested or received.

Recurring Billing & Auto‑Renewal

Some Paid Services include recurring charges. By choosing a recurring plan, you accept responsibility for all recurring charges prior to cancellation. We may submit periodic charges (e.g., monthly) without further authorization until you change your payment method or cancel through Account Billing.

Current Information Required

You must provide current, complete and accurate billing information and promptly update it. If you fail to do so, we may continue charging you until you cancel.

Change in Amount Authorized

If the amount to be charged varies from the preauthorized amount, we'll provide notice before the charge date, as required.

Free Trials & Promotions

Any free trial or promotion that provides access to a Paid Service must be used within the specified time. You must stop using the service before the end of the trial to avoid charges. If you cancel before the end of the trial and are inadvertently charged, contact us at support@nsketch.ai.

What if I want to stop using the Services?

You're free to stop using the Services at any time by contacting us at support@nsketch.ai. Please refer to our Privacy Policy to understand how we treat information after you stop using the Services.

N Sketch may terminate or suspend your use of the Services or your account for any reason in our discretion, including your breach of these Terms. Account termination may result in destruction of Content associated with your account.

Can I refer other users?

From time to time N Sketch may offer rewards or incentives for referring others to the Services. Details will be presented in connection with any offer and are subject to change or termination at any time at our discretion.

What else do I need to know?

Warranty Disclaimer

THE SERVICES AND CONTENT ARE PROVIDED BY N SKETCH (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS‑IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON‑INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR‑FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL N SKETCH OR NS7 LLC BE LIABLE TO YOU FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100 OR THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO N SKETCH IN CONNECTION WITH THE SERVICES IN THE 12‑MONTH PERIOD PRECEDING THE CLAIM; OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold NS7 LLC and N Sketch harmless from and against any and all claims, liabilities, damages, losses and expenses (including attorneys' fees) arising from or in any way related to your use of the Services or your violation of these Terms.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to conflicts of laws provisions.

Arbitration Agreement

The parties shall use best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to these Terms through good‑faith negotiations. If unresolved, it shall be finally settled by binding arbitration in San Francisco County, California, in English, in accordance with the JAMS Streamlined Arbitration Rules and Procedures then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. Judgment upon the award may be entered in any court of competent jurisdiction.

Costs of arbitration will be governed by the JAMS Rules. NS7 LLC will pay all arbitration fees for claims under $75,000. NS7 LLC will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Either party may assert claims, if they qualify, in small claims court in San Francisco County, California or any United States county where you live or work. Notwithstanding the foregoing, each party may pursue injunctive or equitable relief at any time to prevent infringement, misappropriation or violation of intellectual property rights.

YOU AND NS7 LLC WAIVE ANY RIGHTS TO A JURY TRIAL. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. If the waiver of class or consolidated actions is deemed invalid, neither party is entitled to arbitration; instead disputes will be resolved in a court of competent jurisdiction.

You may opt out of arbitration by sending written notice to: NS7 LLC, Attn: Arbitration Opt‑Out, [Your Mailing Address], postmarked within 30 days of first accepting these Terms. Include your name, address, email and/or phone associated with your account, and a clear statement that you want to opt out.

If arbitration does not apply, the exclusive venue for judicial proceedings (other than small claims) will be the state or federal courts located in San Francisco County, California, or the federal district in which that county falls.

If the prohibition against class actions is found unenforceable, the preceding language in this Arbitration section will be null and void. This arbitration agreement survives termination of your relationship with N Sketch.

Miscellaneous

You are responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services. The failure of either party to exercise any right herein shall not be deemed a waiver. If any provision of these Terms is found unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and N Sketch agree that these Terms are the complete and exclusive statement of the mutual understanding between you and N Sketch, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of N Sketch, and you do not have any authority of any kind to bind N Sketch in any respect whatsoever.

Except as expressly set forth in the section above regarding the arbitration agreement, you and N Sketch agree there are no third‑party beneficiaries intended under these Terms.