Terms of Service

1. Who we are and what these terms cover

Showfolk is a product of Tribe Industries Inc. (“Tribe Industries”, “we”, “us” or “our”). These Terms of Service (the “Terms”) are a contract between you and Tribe Industries Inc.. They govern your use of the Showfolk website, application and related services (together, the “Service”).

By creating an account or using the Service you agree to these Terms and to our Privacy Policy, which explains how we handle personal data. If you use the Service on behalf of a company or another organization, you confirm that you have authority to bind that organization, and “you” means that organization as well as you personally.

If you do not agree to these Terms, do not use the Service.

2. Eligibility and accounts

The Service is built for businesses and the people who market them. You must be at least 18 years old and able to form a binding contract to use it. The Service is not directed at children, and we do not knowingly allow anyone under 18 to hold an account.

You need an account to use the Service. You agree to give accurate registration details and keep them current. You are responsible for everything that happens under your account, including activity by anyone you allow to use it. Keep your password confidential, and tell us promptly if you believe your account has been accessed without permission. If you sign in with Google, Google’s terms also apply to that sign-in.

One person may not share a single account with others, and one organization may not use a single account across multiple unrelated businesses beyond the brand kit limits of its plan. The Agency plan is designed for teams and agencies that manage several brands; it does not permit reselling access to the Service.

3. The service

Showfolk has three parts:

• A reference library of real static advertisements published by third-party brands, curated and tagged so you can research what working ads look like.
• Brand kits, where you store your own logo, colors, fonts, product images and description.
• A generator that uses an ad from the library as a layout and style reference and your brand kit as the content to produce original advertising images for your brand.

We are always improving the Service. We may add, change or remove features, and we may change the plans we offer, on reasonable notice where the change materially reduces what you paid for. We may also set technical limits, such as file sizes, image formats and rate limits, to keep the Service running well for everyone.

4. Free accounts, paid plans and billing

Free accounts

A free account lets you browse a limited preview of the library, use the filters and search, and see how the Service works. Free accounts cannot generate or export ads. We may change what the free tier includes at any time.

Paid plans

Paid plans unlock the full library and generation. Each plan includes a set number of brand kits and a monthly allowance of generations, as described on the pricing page when you subscribe. Prices are shown in US dollars and exclude any applicable taxes.

Billing

Subscriptions are billed monthly in advance and renew automatically at the end of each billing period until you cancel. Payments are processed by Stripe under its own terms and privacy policy; we never see or store your full card details. By subscribing you authorize us and Stripe to charge your payment method for the plan you choose, plus any applicable taxes, at each renewal.

If a payment fails we will retry it and notify you. Your access continues for a short grace period; if the payment still fails, your account returns to the free tier until you update your payment method.

Changing or cancelling your plan

You can upgrade, downgrade or cancel at any time from the billing page, which opens the Stripe customer portal. Upgrades take effect immediately, and the new price is prorated for the rest of the period. Downgrades and cancellations take effect at the end of the current billing period, and you keep access until then. If you downgrade below the number of brand kits you have created, the extra brand kits become read-only until you delete some or upgrade again.

Refunds

Fees are non-refundable, and we do not give credit for partially used billing periods, except where the law requires a refund or where we choose to give one. If you believe you have been charged in error, contact us within 30 days of the charge and we will look into it.

Price changes

We may change our prices. We will give you at least 30 days’ notice by email or in the Service before a price change affects an existing subscription. If you do not agree with the new price, cancel before it takes effect.

Taxes

You are responsible for any sales, use, value-added or similar taxes on your subscription. Where we are required to collect tax, Stripe adds it to your invoice.

5. Generation credits

Generation is metered in credits. Each plan grants a fixed number of credits at the start of every billing period. A generation request uses credits for each variant it produces; regenerating from an output also uses credits. The billing page shows how many credits you have used and when they renew.

• Credits reset at the start of each billing period. Unused credits do not roll over.
• Credits have no cash value, cannot be transferred between accounts and are not refundable.
• If a generation fails for a technical reason, or is blocked by a provider’s content policy, the credits for that request are refunded automatically.
• If you cancel, any remaining credits expire at the end of the paid period.

6. The reference library

The ads in the library were created and published by third-party brands. Those brands and their agencies own the copyrights, trademarks and other rights in them. Showfolk does not claim any ownership of library ads. We display them, with a link to their original public source where we have one, as a reference for research, study, commentary and comparison of advertising design.

Your access to the library is a limited, revocable, non-exclusive, non-transferable right to view library ads inside the Service for your own research and as layout references for the generator. You may not:

• download, screenshot, copy, scrape or otherwise extract library ads or their metadata from the Service, other than as the Service itself allows;
• republish, redistribute, sell or share library ads outside the Service;
• use library ads, or any part of them, in your own advertising or other public materials;
• use the Service to reproduce any third party’s name, logo, trademark, product, packaging, people, photography, copy or other protected material; or
• attempt to defeat the preview limits, blurring or access controls that separate free and paid access.

We may remove or hide any ad from the library at any time, for any reason, including at the request of a rights holder. Removal of an ad does not entitle you to a refund.

7. Your brand assets and other content

“Your Content” means everything you upload or enter into the Service: logos, product and lifestyle images, colors, fonts, business descriptions, headlines, instructions to the generator, collections, and anything else you provide. You keep all rights you have in Your Content.

So that we can run the Service for you, you grant Tribe Industries Inc. a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display and modify Your Content, and to send it to the service providers described in section 11, solely to provide, secure, support and improve the Service and as otherwise described in the Privacy Policy. This license ends when you delete the content or your account, except for copies in routine backups and copies we must keep to comply with the law. We do not use Your Content to train machine-learning models, and we do not allow our providers to do so.

You are responsible for Your Content. You represent and warrant that you own or have the necessary rights to Your Content, including rights to any logos, trademarks, product images and images of people, and that using it in the Service and in the outputs you generate does not infringe or violate anyone else’s rights or any law. Do not upload material you do not have the right to use.

You can delete brand assets, collections and outputs at any time inside the Service. Deleting them removes them from your account; copies may persist in backups for a limited time as described in the Privacy Policy.

8. Generated outputs

“Outputs” are the images and text the Service generates for you from your brand kit, your inputs and a reference. As between you and Tribe Industries Inc., we assign to you all of our right, title and interest in the Outputs you generate, to the extent the law allows. You may use your Outputs for any lawful purpose, including in your advertising, without attribution to us. This assignment is subject to the rights of third parties and to your compliance with these Terms.

Please understand what generated content is and is not:

• Outputs are produced by artificial intelligence. They can contain errors, misspellings, distorted logos or objects, and other artifacts. Review every Output before you use it.
• Outputs may not be unique. Other customers who use the same reference and similar inputs may receive similar Outputs. We cannot promise that any Output is original in the sense of copyright law, and whether AI-generated images are protected by copyright varies by country and is unsettled in many places. We make no representation that you can register or enforce rights in an Output.
• The reference sets the layout, not the content. The generator is instructed to borrow the composition, mood and typographic style of a reference ad and to leave out the reference brand’s name, logo, product, people and other distinctive elements. It is your responsibility to check that an Output does not reproduce anyone else’s trademarks, copyrighted material, likeness or trade dress before you use it.
• You are responsible for your ads. You alone decide how Outputs are used. You are responsible for the claims your ads make, for compliance with advertising, consumer-protection and industry-specific rules, and for the policies of any platform where you run the ads.

We may keep Outputs, and the inputs that produced them, for as long as your account is open so you can find and reuse them, and for a limited time afterwards as described in the Privacy Policy. We may review Outputs and inputs to investigate abuse, enforce these Terms and improve the Service.

9. Acceptable use

You agree not to, and not to help anyone else to:

• use the Service to create ads that are deceptive, defamatory, harassing, hateful, sexually explicit, or that promote violence or illegal activity;
• generate content that violates the content policies of our image-generation providers, including content that sexualizes minors or depicts real people without their consent;
• upload or generate content that infringes anyone’s intellectual property, privacy or publicity rights;
• impersonate another brand or person, or generate ads that would mislead people about who is advertising;
• scrape, crawl, index or bulk-download any part of the Service, or access it by automated means other than the interfaces we provide;
• share account credentials, resell access, or let anyone outside your organization use your account;
• bypass, probe or interfere with access controls, preview limits, rate limits, billing or security features;
• reverse engineer, decompile or attempt to extract the source code, prompts or models behind the Service;
• upload malware or anything designed to disrupt the Service or its providers;
• use the Service in violation of any law, including export-control and sanctions laws; or
• use the Service to build a competing library of third-party advertisements.

We may investigate suspected violations, remove content, refuse generation requests and suspend or close accounts that break these rules.

10. Removal requests and copyright

We respect the rights of brands and creators, and we want to hear from anyone who believes their work is shown in the library without permission or is otherwise misused in the Service.

Requesting removal of a library ad

If you hold rights in an ad shown in the library and want it removed, submit a request through the removal request page. We hide the ad from customers as soon as we receive a complete request, review it, and respond within two business days. We may also remove ads on our own initiative.

Copyright notices

If you believe material in the Service infringes your copyright, you may send a notice under the Digital Millennium Copyright Act (DMCA) or the equivalent law where you live. To be effective, a notice must include: identification of the copyrighted work; identification of the material you want removed and where it appears in the Service; your name, address, telephone number and email; a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. Send notices through the removal request page or to support@showfolk.ai. Knowingly misrepresenting that material is infringing can make you liable for damages.

Counter-notices and repeat infringers

If we remove Your Content in response to a notice and you believe the removal was a mistake, you may send us a counter-notice with the information the DMCA requires. We will forward it to the person who sent the original notice and may restore the content if they do not file a court action within the period the law allows. We close the accounts of repeat infringers.

11. Third-party services

The Service is built on services run by other companies. Where you interact with them directly, their terms apply to that interaction:

• Stripe processes payments and runs the customer portal where you manage your subscription.
• Supabase hosts our database, authentication and file storage.
• Vercel hosts the application.
• OpenAI provides the image-generation, vision and text models the Service uses by default, and Google provides a backup image model. Your generation requests are subject to those providers’ usage and content policies, and a request that a provider declines will fail with its credits refunded.
• Google also provides optional sign-in.

We may change providers. The Privacy Policy lists the providers that process personal data and what they receive. We are not responsible for third-party websites linked from the Service, including the original source pages of library ads.

12. Our intellectual property and your feedback

The Service, including its software, design, prompts, curation, tags, taxonomy, text, graphics and the Showfolk name and logo, is owned by Tribe Industries Inc. or its licensors and protected by intellectual-property laws. Apart from the rights expressly granted in these Terms, we keep all rights in the Service. You may not use our name or logo without our written permission.

If you send us ideas, suggestions or other feedback about the Service, you agree that we may use it without restriction or payment to you.

13. Suspension and termination

By you. You can stop using the Service at any time and cancel a paid plan from the billing page. To close your account entirely, contact us at support@showfolk.ai and we will delete it as described in the Privacy Policy.

By us. We may suspend or close your account, or limit its features, if you breach these Terms, if your payment fails and is not resolved, if we are required to by law, if your use creates legal or security risk for us or other customers, or if we discontinue the Service. Where practical we will warn you first and give you a chance to fix the problem. If we close your account without cause while you are on a paid plan, we will refund the unused part of the current billing period.

What happens after. When your account is closed you lose access to the Service, including library access, brand kits and Outputs, so export anything you want to keep first. We delete your data on the schedule in the Privacy Policy. Sections that by their nature should survive termination, including sections 6 through 8 and 12 through 19, continue to apply.

14. Disclaimers

The Service is provided “as is” and “as available”. To the fullest extent permitted by law, Tribe Industries Inc. and its suppliers disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, error-free or secure, that Outputs will be accurate, original, free of third-party rights or suitable for any purpose, or that any ad you create will perform well. Advertising results depend on many things outside our control.

The library is a research tool. Nothing in the Service is legal advice, and we make no representation about whether a particular reference or Output is safe to use in any jurisdiction.

15. Limitation of liability

To the fullest extent permitted by law, Tribe Industries Inc., its officers, directors, employees, contractors and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, business, goodwill or data, arising out of or relating to the Service or these Terms, however caused and under any theory of liability, even if we were told such damages were possible.

To the fullest extent permitted by law, our total liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of the amount you paid us in the three months before the event giving rise to the claim, or one hundred US dollars.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you. In that case our liability is limited to the smallest amount the law allows.

16. Indemnification

You agree to defend, indemnify and hold harmless Tribe Industries Inc. and its officers, directors, employees and contractors from any claims, damages, losses and expenses, including reasonable legal fees, arising out of or relating to Your Content, your Outputs and how you use them, your ads and the claims they make, your breach of these Terms, or your violation of any law or third-party right. We will notify you of any such claim and may take over its defense at our own expense, in which case you will cooperate with us.

17. Governing law and disputes

These Terms are governed by the laws of the State of Utah, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

If you have a problem with the Service, contact us first at support@showfolk.ai and we will try to resolve it informally. If we cannot resolve it within 30 days, either of us may bring a claim in the state or federal courts located in Utah, and you and we each consent to the personal jurisdiction of those courts. Either party may seek an injunction or other urgent relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Nothing in this section prevents you from bringing a claim in your local small-claims court if it qualifies.

To the extent the law allows, you and we each waive any right to a jury trial and agree that claims may be brought only on an individual basis, not as a plaintiff or class member in any class or representative proceeding.

18. Changes to these terms

We may update these Terms from time to time. If a change is material we will notify you by email or with a notice in the Service at least 14 days before it takes effect, except that changes required by law or to address a security issue may take effect immediately. The “last updated” date at the top shows when the current version began to apply. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and cancel your plan before the change takes effect.

19. General

• Entire agreement. These Terms, the Privacy Policy and any plan details shown when you subscribe are the whole agreement between you and Tribe Industries Inc. about the Service and replace any earlier agreements.
• Assignment. You may not transfer these Terms or your account without our written consent. We may transfer them to an affiliate or to a successor in a merger, acquisition or sale of assets.
• Severability. If any part of these Terms is found unenforceable, the rest remains in effect and the unenforceable part will be changed to the minimum extent needed to make it enforceable.
• No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
• Force majeure. Neither of us is liable for delay or failure caused by events outside our reasonable control, including outages at our providers.
• Notices. We may send notices to the email address on your account. You may send notices to the addresses in section 20.
• Independent parties. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship.
• Export. You may not use the Service if you are located in a country subject to US embargo or are on a US government restricted-parties list.

20. Contact

Tribe Industries Inc., operating Showfolk
2495 W Sunset Way, Layton, UT 84041, United States
Email: support@showfolk.ai

For removal of a library ad, use the removal request page. For billing questions, the Stripe customer portal on your billing page shows every invoice and lets you update your payment method.