Terms of Service

1. Acceptance of Terms

By accessing or using Niftly's ("we," "our," or "us") services, website, or platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our services. These Terms constitute a legally binding agreement between you and Niftly.

2. Definitions

For the purposes of these Terms:

• "Assets" or "Niftlys" refers to images used in our platform for generating AI images or for reference, located in our Browse section
• "Platform" refers to the Niftly website, services, and all related applications
• "User-Generated Content" refers to content created by you using our Assets/Niftlys
• "Subscription" refers to your paid access to the Platform and Niftlys

3. License Grant

Upon subscription and payment, Niftly grants you a non-exclusive, non-transferable, limited-use license to access, download, store, and use our Assets/Niftlys (images used in our platform for generating AI images or for reference, located in our Browse section) in accordance with these Terms. This license is:

• Non-exclusive: We may grant similar licenses to other users
• Non-transferable: You may not transfer, assign, or sublicense your rights to any third party
• Limited: Subject to the restrictions and conditions set forth in these Terms
• Subscription-based: Valid only during your active subscription period

4. Permitted Uses

Subject to your active subscription and compliance with these Terms, you may:

• Download and Store: Download Assets/Niftlys from our Browse section to your devices and store them for use in your projects
• Use in Projects: Incorporate Assets/Niftlys into personal and commercial projects, including websites, advertisements, presentations, applications, social media content, and other media
• Modify and Manipulate: Modify, manipulate, edit, alter, and adapt Assets/Niftlys to suit your project needs
• Create Derivative Works: Create derivative works incorporating Assets/Niftlys into your original creations
• Generate Content: Use Assets/Niftlys with AI image generation tools and other creative software to create new images and content
• Reference Use: Use Assets/Niftlys as reference images for AI image generation or other creative purposes
• Archive: Keep copies of Assets/Niftlys for archival purposes related to projects created during your subscription period

5. Prohibited Uses

You are expressly prohibited from:

5.1 Resale and Redistribution

You may NOT resell, redistribute, sublicense, or otherwise make Assets/Niftlys available to third parties in their original form, modified form, or as part of any product or service, without express written permission from Niftly. This prohibition includes, but is not limited to:

• Selling, licensing, or distributing Assets/Niftlys as standalone files or as part of a stock asset collection
• Including Assets/Niftlys in templates, themes, plugins, or other products where Assets/Niftlys can be extracted or accessed separately
• Sharing Assets/Niftlys through file-sharing services, cloud storage, or other distribution methods
• Using Assets/Niftlys in products or services that compete with Niftly's business
• Transferring Assets/Niftlys to third parties, even if incorporated into your projects

Exception: You may share Assets/Niftlys with clients, collaborators, or team members only when they are incorporated into a final project deliverable (e.g., a completed website, application, or marketing material) and cannot be extracted as standalone files. For any other use case, you must obtain express written permission from Niftly by contacting help@niftly.com.

5.2 Trademark and Logo Use

You may not use Assets/Niftlys as part of a trademark, service mark, logo, or other source identifier without obtaining an extended license or express written permission from Niftly.

5.3 Unlawful Use

You may not use Assets/Niftlys in any unlawful, defamatory, libelous, obscene, pornographic, or offensive manner, or in any way that violates applicable laws or regulations.

5.4 False Attribution

You may not claim ownership or authorship of Assets/Niftlys or remove any copyright notices or watermarks.

6. Subscription and License Duration

6.1 Active Subscription Period

Your license to download and use Assets/Niftlys is contingent upon maintaining an active subscription and payment. During your active subscription period, you may:

• Download Assets/Niftlys from our Browse section
• Use Assets/Niftlys in new projects
• Access all subscription features and benefits

6.2 Termination of Subscription

When your subscription is terminated, cancelled, or not renewed:

• License Ceases: Your license to download new Assets/Niftlys and use Assets/Niftlys in new projects immediately terminates
• Existing Projects: You may retain and continue to use Assets/Niftlys that are incorporated into projects created during your active subscription period, provided such use complies with these Terms
• Archival Copies: You may keep copies of Assets/Niftlys downloaded during your subscription for archival purposes related to existing projects
• Resale Prohibition Continues: The prohibition on resale, redistribution, and sublicensing continues to apply indefinitely, even after subscription termination
• No New Projects: You may not use Assets/Niftlys in new projects created after your subscription ends

7. Intellectual Property Rights

All Assets/Niftlys (images used in our platform for generating AI images or for reference), including but not limited to images, graphics, designs, and related content available in our Browse section, are the exclusive property of Niftly or its licensors and are protected by copyright, trademark, and other intellectual property laws. This agreement does not transfer any ownership rights to you. You acknowledge that:

• Niftly retains all right, title, and interest in and to the Assets/Niftlys
• You acquire only the limited license rights expressly granted in these Terms
• Any unauthorized use of Assets/Niftlys constitutes infringement of Niftly's intellectual property rights

8. User-Generated Content

You retain ownership of content you create using our Assets/Niftlys ("User-Generated Content"). However, by using our platform, you grant Niftly a non-exclusive, worldwide, royalty-free license to use, display, and distribute your User-Generated Content for promotional and marketing purposes, subject to your privacy rights. You represent and warrant that your User-Generated Content does not infringe upon the rights of any third party.

9. Account Responsibilities

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Ensuring compliance with these Terms by anyone using your account
• Notifying Niftly immediately of any unauthorized use of your account

10. Payment and Billing

Subscription fees are billed in advance on a recurring basis (monthly or annually, as selected). You agree to:

• Provide accurate billing information
• Pay all fees associated with your subscription
• Authorize Niftly to charge your payment method for subscription fees
• Understand that subscription fees are non-refundable except as required by law

11. Termination

We may terminate or suspend your account and access to our services immediately, without prior notice, if you:

• Violate these Terms or any applicable laws
• Engage in fraudulent, abusive, or illegal activity
• Fail to pay subscription fees
• Use our services in a manner that harms Niftly or other users

Upon termination, your right to use our services will immediately cease, and the provisions of Section 6.2 (Termination of Subscription) will apply.

12. Disclaimer of Warranties

Our services and Assets/Niftlys are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that our services will be uninterrupted, secure, or error-free.

13. Limitation of Liability

To the maximum extent permitted by law, Niftly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, resulting from your use or inability to use our services or Assets/Niftlys, even if Niftly has been advised of the possibility of such damages.

14. Indemnification

You agree to indemnify, defend, and hold harmless Niftly and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on this page and updating the "Effective Date" at the top. Your continued use of our services after such modifications constitutes acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of our services.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with applicable laws. Any disputes arising out of or relating to these Terms or our services shall be resolved through binding arbitration or in courts of competent jurisdiction, as applicable.

17. Contact Information

For questions about these Terms, requests for extended licenses or permissions, or any other inquiries, please contact us at: