These terms of service (“Terms”) govern your access to and use of kithumbs.com, this blog and the KiThumbs app at app.kithumbs.com (together, the “Services”). The Services are operated by Innovative Kits Production (“KiThumbs”, “we”, “us”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. The Services
KiThumbs helps YouTube creators and teams analyze, create and refresh video thumbnails, including with the help of artificial intelligence and, if you connect a channel, data from YouTube. Features, limits and availability depend on your plan and may change over time.
KiThumbs is not affiliated with, endorsed by or sponsored by YouTube or Google. By connecting a YouTube channel, you also agree to the YouTube Terms of Service.
2. Eligibility
You must be at least 18 years old, or the age of majority where you live, to create an account. If you use the Services on behalf of a company or another person, you confirm that you have the authority to accept these Terms on their behalf.
3. Your account
You are responsible for keeping your login credentials secure and for all activity under your account. Provide accurate information and keep it up to date. Tell us promptly at hello@kithumbs.com if you believe your account has been used without your permission.
4. Plans, payment and cancellation
- Free and paid plans. Some features are free. Others require a paid subscription, as described on our pricing page at the time you subscribe.
- Payment processing. Payments are processed by our payment provider, which acts as merchant of record and may apply taxes according to your location.
- Renewal. Paid subscriptions renew automatically at the end of each billing period until cancelled.
- Cancellation. You can cancel at any time. Your plan stays active until the end of the current billing period. Unless the law requires otherwise, payments are not refundable for partial periods.
- Price changes. We may change prices for future billing periods. We will tell you in advance, and you can cancel before the new price applies.
- Usage limits. Plans may include limits, such as a number of generations per month. Unused allowances do not carry over unless your plan says so.
5. Your content
“Your Content” means the images, photos, text, prompts and other material you upload or submit, and the thumbnails and variants generated for you.
- You keep ownership of Your Content, to the extent you own it and the law allows.
- You give us a license to host, process, modify and display Your Content only as needed to provide and improve the Services for you.
- You are responsible for Your Content. You confirm that you have the rights needed to upload it, including the consent of any person whose image appears in it, and that it does not infringe anyone’s rights or break any law.
6. AI generated output
The Services use artificial intelligence to analyze and generate images. AI output can be inaccurate, can resemble existing material and may not be unique to you. Review all output before using it publicly. You are responsible for how you use it, including making sure it does not infringe third party rights, misrepresent your video or break YouTube’s policies.
Scores, analyses and recommendations from the Services are aids to your judgment. They are not guarantees of clicks, views, revenue or any other result.
7. Acceptable use
You agree not to:
- Use the Services for anything unlawful, deceptive or harmful.
- Upload or generate content that is defamatory, obscene, hateful, harassing, or that infringes intellectual property, privacy or image rights.
- Use another person’s likeness without their permission.
- Create misleading thumbnails that violate YouTube’s policies, such as impersonation or deceptive content.
- Interfere with the security or operation of the Services, including through bots, scraping or excessive automated requests.
- Reverse engineer, decompile or attempt to extract the source code of the Services, except where the law allows.
- Resell, sublicense or share access to your account without our written permission.
We may remove content or suspend accounts that break these rules.
8. Our property
The Services, including the software, design, text, logos and the KiThumbs name, belong to us or our licensors and are protected by law. These Terms give you a limited, personal, non-exclusive, non-transferable right to use the Services. They do not give you any other rights in them. Articles on this blog may be quoted briefly with a link to the source.
9. Third party services
The Services rely on and may link to third party services, such as Google sign-in, YouTube, payment processing and AI providers. Their own terms apply to your use of them, and we are not responsible for them.
10. Suspension and termination
You can stop using the Services and delete your account at any time. We may suspend or end your access if you break these Terms, if required by law, or if continuing to provide the Services to you would create a risk for us or others. Where reasonable, we will tell you in advance. Sections that by their nature should survive termination will survive.
11. Disclaimers
The Services are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Services will be uninterrupted, error free or that any result will be achieved.
12. Limitation of liability
To the fullest extent permitted by law, KiThumbs will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill. Our total liability for any claim relating to the Services is limited to the amount you paid us in the 12 months before the event giving rise to the claim, or 100 US dollars if you have not paid us anything.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. Nothing in these Terms limits rights you have as a consumer that cannot be limited by law.
13. Indemnity
You agree to defend and indemnify KiThumbs against claims, damages and costs arising from Your Content or from your breach of these Terms or of the law, to the extent permitted by law.
14. Changes to these Terms
We may update these Terms from time to time. If a change is significant, we will notify you by email or in the app before it takes effect. Continuing to use the Services after the change means you accept the updated Terms.
15. Governing law and disputes
These Terms are governed by the laws of the State of New Mexico, United States, without regard to its conflict of law rules. Any dispute arising from these Terms or the Services will be brought in the state or federal courts located in New Mexico, and you and we consent to their jurisdiction. Before starting any formal proceeding, please contact us at hello@kithumbs.com so we can try to resolve the issue informally. If you are a consumer, you may also have the right to bring claims in the courts of the country where you live, and nothing in this section limits rights you have under the mandatory consumer laws of that country.
16. General
If any part of these Terms is found unenforceable, the rest remains in effect. Our failure to enforce a right is not a waiver of it. These Terms are the entire agreement between you and us about the Services.
17. Contact
Innovative Kits Production Email: hello@kithumbs.com