Important note:
This is a commercially robust agreement designed to protect Osprey Labs Limited. Please read these terms carefully before using the service.
YouThere – Terms & Conditions
Effective date: 14 December 2024
Last updated: 14 December 2024
These Terms & Conditions (“Terms”) govern your access to and use of YouThere (the “Service”), an AI-powered image generation and image editing web application operated by Osprey Labs Limited (“Osprey”, “we”, “us”, or “our”).
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
1. Company information
- Provider: Osprey Labs Limited (trading as YouThere)
- Registered office: 128 City Road, London, EC1V 2NX, United Kingdom
- Registered in: England and Wales
- Email: info@youthere.ai
2. Definitions
- “Content” means any text, prompts, images, files, metadata, inputs, outputs, or other material uploaded to, processed by, or generated through the Service.
- “User Content” means any Content you upload, submit, transmit, or otherwise provide to the Service, including prompts and images.
- “Generated Content” means Content generated by the Service in response to User Content.
- “Credits” means prepaid usage units that allow access to certain features of the Service.
- “Consumer” means an individual acting for purposes wholly or mainly outside their trade, business, craft, or profession.
- “Business User” means any user who is not a Consumer.
3. Eligibility and age restriction
The Service is strictly limited to users aged 18 or over.
By using the Service, you confirm that:
- you are at least 18 years old; and
- you are legally capable of entering into a binding contract.
You must not use the Service in any manner directed at, or reasonably likely to be accessed by, persons under 18. We may suspend or terminate access immediately if we reasonably believe this requirement has been breached.
4. Accounts, device identification, and access
4.1 Access and identification
You may access the Service with or without creating a formal user account. To manage Credits, prevent abuse, and protect the Service, we may use device identification technologies (including third-party services such as FingerprintJS or equivalent).
4.2 Credits tied to device
Unless expressly stated otherwise:
- Credits (including free or promotional Credits) may be tied to a specific device or device identifier.
- Changing devices, clearing cookies/local storage, blocking identifiers, using private browsing, or reinstalling browsers or operating systems may result in loss of Credits or access.
- We are not obliged to restore Credits if device ownership cannot be reliably verified.
4.3 User responsibility
You are responsible for all activity carried out using your device, account, or access credentials.
5. Description of the Service
YouThere is an AI-powered application that enables users to:
- generate images from text prompts;
- edit uploaded images using AI instructions (e.g. background removal, stylistic changes); and
- merge or combine images based on user instructions.
The Service uses third-party AI models and infrastructure. Outputs may vary, be unpredictable, or be unsuitable for certain purposes.
6. Credits, pricing, payments, and refunds
6.1 Free Credits
We may offer a limited number of free or promotional Credits to new or existing users. Free Credits:
- have no cash value;
- may expire; and
- may be withdrawn or modified at any time without notice.
6.2 Paid Credits
Paid Credits are purchased via third-party payment processors (such as Stripe). Prices, Credit quantities, and usage rates are displayed at the point of purchase and may change from time to time.
6.3 Digital content and cancellation rights (UK/EEA)
Credits constitute digital content.
If you are a UK or EEA Consumer, by purchasing Credits you:
- request immediate supply of digital content; and
- acknowledge that your statutory right to cancel may be lost once the supply begins, to the extent permitted by law.
6.4 Refunds
Except where required by law:
- all Credit purchases are final and non-refundable;
- unused Credits are not redeemable for cash; and
- Credits will not be refunded due to dissatisfaction with outputs, device changes, or account suspension for breach.
Nothing in these Terms limits your statutory consumer rights.
6.5 Credit expiry
Unless stated otherwise:
- Paid Credits expire 24 months after purchase.
- Free or promotional Credits may expire earlier as stated in the Service.
7. Acceptable use and prohibited conduct
You agree not to use the Service to create, upload, process, or distribute Content that:
- Is unlawful, fraudulent, or misleading.
- Is abusive, threatening, hateful, or discriminatory.
- Exploits or depicts minors in any sexualised or harmful manner.
- Infringes intellectual property, privacy, publicity, or data protection rights.
- Creates non-consensual deepfakes, impersonations, or misleading representations of real individuals.
- Facilitates wrongdoing (including scams, identity theft, malware, or harassment).
- Attempts to bypass safety features, rate limits, or technical restrictions.
- Reverse engineers, scrapes, or attempts to extract AI models, system prompts, or datasets.
- Is used for clinical, medical, diagnostic, or regulated medical device purposes.
We reserve the right to monitor, restrict, remove, or block Content and to suspend or terminate access at our discretion.
8. User Content – rights and responsibilities
8.1 Ownership and licence
You retain ownership of your User Content. By using the Service, you grant Osprey a worldwide, non-exclusive, royalty-free licence to host, store, process, modify (for technical purposes), and use User Content solely to:
- operate and provide the Service;
- generate outputs;
- maintain history and user experience;
- prevent fraud and abuse; and
- comply with legal obligations.
8.2 User warranties
You represent and warrant that:
- you own or have all necessary rights and permissions to provide User Content; and
- your User Content and use of the Service do not violate any laws or third-party rights.
9. Generated Content
9.1 Ownership
We do not claim ownership of Generated Content provided to you. However:
- Generated Content may not be unique; and
- similar or identical outputs may be generated for other users.
9.2 No guarantees
We do not guarantee that Generated Content:
- is accurate, lawful, non-infringing, or suitable for any purpose;
- will meet your expectations; or
- is safe to publish or use commercially.
You are solely responsible for reviewing, verifying, and determining whether Generated Content is appropriate for your intended use.
10. Third-party services
The Service integrates third-party services, including AI providers, hosting providers, payment processors, and analytics or device identification services. Your use of the Service may also be subject to those third parties’ terms and policies. We are not responsible for third-party services outside our control.
11. Availability and changes
We may modify, suspend, or discontinue any part of the Service at any time, including features, pricing, or Credit requirements. We do not guarantee uninterrupted availability.
12. Intellectual property
All intellectual property rights in the Service (excluding User Content and Generated Content) are owned by or licensed to Osprey. You may not copy, modify, distribute, or exploit any part of the Service without our prior written consent.
13. Feedback
Any feedback or suggestions you provide may be used by us without restriction or compensation.
14. Suspension and termination
We may suspend or terminate your access immediately if you breach these Terms, misuse the Service, or if required by law. Credits may be forfeited where termination results from your breach, to the extent permitted by law.
15. Disclaimers
The Service is provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied.
The Service uses experimental AI technology and may generate inaccurate, offensive, or unexpected results. You should not rely on Generated Content for medical, legal, financial, or other professional advice.
16. Limitation of liability
Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded by law.
Subject to that:
- we are not liable for indirect or consequential losses; and
- our total liability is limited to the greater of £100 or the amount you paid to us in the 12 months preceding the claim.
17. Indemnity (Business Users)
If you are a Business User, you agree to indemnify Osprey against all claims, losses, liabilities, and expenses arising from your use of the Service, User Content, Generated Content, or breach of these Terms.
18. Governing law and jurisdiction
These Terms are governed by the laws of England and Wales.
- Business Users agree to the exclusive jurisdiction of the courts of England and Wales.
- Consumers may also bring proceedings in their country of residence where required by mandatory consumer law.
19. General provisions
- Severability: Invalid provisions do not affect the remainder.
- No waiver: Failure to enforce a right is not a waiver.
- Entire agreement: These Terms constitute the entire agreement between you and us regarding the Service.
- Language: The English version prevails.