Terms of Service

These Terms of Service (the “Terms”) form a legally binding agreement between you and Gallery, Inc., a Delaware corporation (“Gallery,” “we,” “us,” or “our”), governing your access to and use of the Gallery website, applications, and related services (together, the “Service”).

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, you must not access or use the Service.

To use the Service, you represent and warrant that:

• you are at least 18 years old and able to form a binding contract with us;
• you are not barred from using the Service under the laws of the United States or any other applicable jurisdiction; and
• if you are using the Service on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms, in which case “you” and “your” refer to that entity.

Gallery is an AI creative strategist built for paid-ads and performance marketers. The Service helps you capture your brand voice and positioning (your “Brand DNA”), generate production-ready ad briefs, remix winning creative concepts, and create and share hand-off documents with editors, freelancers, and collaborators.

Gallery is a software tool. It is not a UGC creator marketplace, an advertising agency, a payments or payouts platform, or a substitute for professional marketing, legal, or compliance advice. We may add, change, or remove features at any time, and we may impose or adjust usage limits as described in these Terms.

You must register for an account to use most features of the Service. When you register, you agree to provide accurate, current, and complete information and to keep it up to date.

You are responsible for safeguarding your account credentials and for all activity that occurs under your account, whether or not you authorized it. You agree to:

• keep your password and any access tokens confidential;
• not share your account with others or let others access the Service through your account except as expressly permitted by us;
• notify us promptly at hello@gallery.dev if you suspect any unauthorized use of, or breach of security affecting, your account.

We are not liable for any loss or damage arising from your failure to maintain the security of your account. We may suspend or terminate accounts that we reasonably believe are inaccurate, fraudulent, or in violation of these Terms.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not, and must not permit anyone else to:

• use the Service in any way that violates any applicable law, regulation, or third-party right, including intellectual property, privacy, publicity, advertising, or consumer-protection laws;
• upload, generate, store, or distribute content that is unlawful, infringing, defamatory, deceptive, harassing, hateful, or that depicts or promotes harm to others;
• attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code, models, or underlying ideas of the Service, except to the limited extent that applicable law expressly permits despite this restriction;
• copy, scrape, harvest, or otherwise extract data from the Service using bots, crawlers, or other automated means, except through interfaces we expressly provide for that purpose;
• circumvent, disable, or interfere with any usage limits, security features, rate limits, or access controls of the Service;
• resell, sublicense, rent, lease, or otherwise commercially exploit the Service except as expressly permitted by these Terms;
• probe, scan, or test the vulnerability of the Service, or breach or otherwise circumvent any security or authentication measures;
• introduce malware, viruses, or other harmful code, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
• use the Service to develop a competing product or service, or to train or improve a machine-learning model that competes with the Service; or
• impersonate any person or entity, or misrepresent your affiliation with any person or entity.

We may investigate suspected violations and may suspend or terminate access for conduct that we reasonably believe violates these Terms or harms the Service, us, or others.

“Your Content” means the information, text, brand materials, prompts, and other inputs you submit to the Service, as well as the ad briefs, remixes, hand-off documents, and other outputs you create through the Service.

As between you and Gallery, you retain all ownership rights you have in Your Content. We do not claim ownership of your inputs or the briefs and documents you produce.

You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, and modify Your Content solely as necessary to operate, maintain, secure, and provide the Service to you and your collaborators, and to improve the Service in a manner consistent with our Privacy Policy. This license ends when Your Content is deleted from the Service, except for content shared with collaborators or retained in routine backups for a limited period.

You represent and warrant that you have all rights necessary to submit Your Content and to grant the license above, and that Your Content does not violate these Terms or any third-party rights.

The Service uses artificial intelligence, including third-party AI model providers, to generate briefs, copy, concepts, and other outputs. Because of how AI systems work, you understand and agree that:

• outputs are generated automatically and may be inaccurate, incomplete, outdated, or otherwise unsuitable for your purposes;
• outputs may not be unique, and similar or identical outputs may be generated for other users;
• we do not warrant that any output is original, non-infringing, fit for a particular purpose, or compliant with the policies of any advertising platform or regulator; and
• you are solely responsible for reviewing, editing, fact-checking, and verifying any output before relying on or publishing it.

You, not Gallery, are responsible for your final ad creative and for ensuring that any campaign you run using the Service complies with all applicable laws and platform requirements. To the extent we hold any rights in outputs you generate, we assign them to you so that you may use those outputs for your own marketing, subject to these Terms.

The Service, including all software, models, designs, text, graphics, user interfaces, and the Gallery name, logo, and other brand features, is owned by Gallery, Inc. or its licensors and is protected by intellectual property and other laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription. No other rights are granted, and all rights not expressly granted are reserved. Nothing in these Terms transfers ownership of the Service or our intellectual property to you.

If you provide us with feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

The Service is built on and depends on third-party infrastructure and service providers. In particular, we use Cloudflare for hosting, infrastructure, and content delivery, and Supabase for database, authentication, and file storage. We also rely on third-party service providers for functions such as AI model inference, payment processing, email delivery, and analytics.

These providers operate under their own terms and policies, and their availability and performance are outside our control. We are not responsible for the acts, omissions, or content of third-party providers. Your use of any third-party service accessed through or integrated with the Service may be subject to that provider’s terms.

Gallery is offered on a subscription basis. The Studio plan costs $39 per monthand includes a monthly pool of usage credits. Credits are tracked rather than hard-capped: if your usage meaningfully exceeds your plan’s credit pool, we may contact you, throttle usage, or ask you to upgrade, but we will not cut off access without notice for ordinary overage.

Renewals

Paid subscriptions automatically renew each month at the then-current rate until cancelled. By subscribing, you authorize us and our payment processor to charge your payment method on each renewal date.

Trial and first brief

We may offer a free trial or a free first brief so you can evaluate the Service. Free trials and free usage are provided as is and may be changed or withdrawn at any time before they convert to a paid subscription.

Taxes

Stated prices do not include taxes. You are responsible for all sales, use, value-added, and similar taxes associated with your subscription, except for taxes based on our net income.

Price changes

We may change our prices and plans. We will give you reasonable advance notice of any price increase, and the new price will apply to your next renewal after the notice period. If you do not agree to a price change, you may cancel before it takes effect.

Refunds

Except for any free trial or free first brief, and except where required by applicable law, all fees are non-refundable and paid subscription periods are not refundable, including for partial periods or unused credits.

Non-payment

If a payment fails or your account becomes past due, we may suspend or downgrade your access to the Service until payment is received, and we may retry the charge using your payment method.

Cancellation

You may cancel your subscription at any time through your account settings or by contacting hello@gallery.dev. Cancellation takes effect at the end of your current billing period, and you will retain access until then. We do not provide refunds for the remaining period unless required by law.

To the maximum extent permitted by applicable law, the Service and all content and outputs are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory. We specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any output will be accurate, reliable, original, or suitable for your purposes. You use the Service and any output at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

To the maximum extent permitted by applicable law, in no event will Gallery, Inc., its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunities, arising out of or related to the Service or these Terms, whether based on contract, tort, strict liability, or any other theory, and even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or related to the Service or these Terms will not exceed the greater of the total amounts you paid to us for the Service in the twelve (12) months immediately before the event giving rise to the claim, or one hundred U.S. dollars ($100).

These limitations form an essential basis of the bargain between you and us. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

You agree to defend, indemnify, and hold harmless Gallery, Inc. and its affiliates and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your use or misuse of the Service;
• Your Content or any ad creative, campaign, or output you create, publish, or distribute;
• your violation of these Terms or any applicable law; or
• your violation of any third-party right.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us.

You may stop using the Service and terminate these Terms at any time by cancelling your subscription and closing your account.

We may suspend or terminate your access to the Service, with or without notice, if we reasonably believe you have violated these Terms, if your account is past due, if required by law, or if we discontinue the Service. Where practical and lawful, we will provide notice.

On termination, your right to access the Service ends, and we may delete Your Content after a reasonable period in accordance with our Privacy Policy. Provisions that by their nature should survive termination will survive, including those relating to your content license, intellectual property, disclaimers, limitation of liability, indemnification, and governing law.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date at the top of this page and, where appropriate, notify you by email or through the Service.

Changes take effect when posted, or on a later effective date if we specify one. Your continued use of the Service after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service.

These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules.

You agree that the state and federal courts located in Delaware will have exclusive jurisdiction over any dispute, claim, or controversy arising out of or related to these Terms or the Service, and you consent to the personal jurisdiction of, and venue in, those courts. To the extent permitted by law, any dispute will be resolved on an individual basis, and you and we waive any right to participate in a class or representative action.

If you have questions about these Terms, please contact us. The Service is provided by Gallery, Inc., a Delaware corporation.

• Legal: legal@gallery.dev
• Support: hello@gallery.dev
• Contact page: gallery.dev/contact
• Mailing address: [Placeholder — add your registered postal mailing address]