Terms & Conditions

“Services” means the Glass web application, including its design tools, prompt and material libraries, workflows, AI image generation features, and related APIs and infrastructure.

“Customer Data” means any prompts, reference images, sketches, designs, text, or other content you submit to the Services.

“Outputs” means the images, designs, and other materials generated by the Services in response to your Customer Data.

“Third-Party Models” means the machine-learning models and AI services we use to provide the Services, including those made available through Replicate, Inc. and the underlying model providers.

Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable right to access and use the Services for your internal business purposes — designing eyewear, collaborating with your team and production partners, and preparing designs for manufacturing.

We may add, change, suspend, or discontinue any feature of the Services at any time. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Services.

To use the Services you must create an account and may be added to one or more teams. You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account or team. You must notify us promptly of any unauthorized use.

If you create or administer a team, you are responsible for the conduct of your authorized users, for the data they submit, and for ensuring they comply with these Terms. We may suspend or terminate accounts that violate these Terms, that we are required to suspend by law, or that engage in fraudulent or harmful activity.

You agree not to use the Services to:

• violate any law or the rights of any third party, including intellectual property, privacy, or publicity rights;
• infringe, misappropriate, or reproduce designs, trademarks, or brands you do not have the right to use;
• upload or generate content that is unlawful, harassing, hateful, defamatory, sexually exploitative, or depicts non-consensual or extreme harmful content;
• share, sublicense, or resell your access to the Services without our consent;
• reverse engineer, scrape, or attempt to extract the underlying models or source code of the Services;
• transmit malware or harmful code, or interfere with the integrity or performance of the Services;
• misrepresent the origin of AI-generated content where disclosure is required, or use Outputs for deceptive or fraudulent purposes; or
• violate the terms of any Third-Party Model used to provide the Services.

You retain all ownership and intellectual property rights in your Customer Data. You represent and warrant that you have all rights, licenses, and consents necessary for us to process your Customer Data and to generate Outputs, and that your Customer Data and your use of the Outputs do not infringe or violate the rights of any third party or any law.

You grant us a worldwide, non-exclusive, royalty-free license to host, process, store, and transmit your Customer Data and Outputs solely as necessary to provide, secure, and improve the Services for you and your team.

As between you and us, and subject to your compliance with these Terms and the terms of any applicable Third-Party Model, we assign to you our right, title, and interest in the Outputs you generate, including the right to use them for commercial purposes such as manufacturing, sale, or publication.

We and our licensors retain all rights in the Services themselves, including the software, user interface, libraries, and underlying technology. Because AI models may be trained on large datasets, identical or similar Outputs may be generated for other users; we make no warranty that an Output is unique or free of third-party rights, and you are responsible for reviewing Outputs before commercial use.

We may collect and use aggregated, anonymized data about use of the Services to operate, secure, and improve them.

The Services rely on third parties, including Replicate, Inc. and the providers of the underlying AI models, as well as payment and infrastructure providers. Your use of the Services is also subject to the applicable terms of those providers. You assume all risk arising from Third-Party Models and are responsible for complying with their restrictions. We disclaim liability for the acts, omissions, content, or availability of any third party.

Paid plans are billed on a recurring, auto-renewing basis through our third-party payment processor (Stripe). You authorize us and our processor to charge your payment method for all applicable fees. Unless required by law, fees are non-refundable.

We may change our fees with reasonable prior notice; changes take effect at the start of your next billing period, and your continued use constitutes acceptance. Fees exclude taxes, for which you are responsible. We may suspend access for non-payment after notice.

The Services and Outputs are provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, secure, or error-free, or that Outputs will be accurate, complete, reliable, or fit for any particular purpose. AI tools are novel and experimental and may produce inaccurate, offensive, or unexpected results. You are solely responsible for evaluating and verifying Outputs before relying on or commercializing them, including any production or manufacturing decisions.

You will defend, indemnify, and hold harmless Hypercard and its affiliates, officers, and employees from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to your Customer Data, your Outputs, your use of the Services, your breach of these Terms or the terms of any Third-Party Model, or your violation of any law or third-party right.

To the fullest extent permitted by law, Hypercard will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to your use of the Services, even if advised of the possibility of such damages.

Our total aggregate liability for all claims arising out of or related to these Terms or the Services will not exceed the amounts you paid to us for the Services in the six (6) months preceding the event giving rise to the liability, or US$100, whichever is greater.

These Terms apply from the time you first access the Services and continue until terminated. You may terminate at any time by ceasing use and deleting your account. We may suspend or terminate your access immediately if you breach these Terms, if required by law, or if continuing to provide the Services becomes impractical.

Upon termination, your right to use the Services ends and we may delete your account and associated data. Sections relating to ownership, disclaimers, indemnification, limitation of liability, and governing law survive termination.

We may update these Terms from time to time. When we do, we will revise the “Last updated” date above. Material changes take effect upon posting, and your continued use of the Services after changes become effective constitutes acceptance.

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction of the courts located in that jurisdiction for any dispute that is not otherwise subject to an agreed alternative dispute-resolution process.

These Terms, together with any policies referenced here, constitute the entire agreement between you and us regarding the Services and supersede prior agreements. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Questions about these Terms can be sent to hello@hypercard.net.