Terms of Service

Last Updated: February 4, 2026

Welcome to Outburst! We provide an AI-powered platform for creating contemporary artwork through generative AI technology.

These Terms of Service ("Terms") govern your access to and use of the Outburst platform and services. By creating an account or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

When we say "Outburst," "we," "us," or "our," we mean the Outburst service. When we say "you" or "your," we mean you as a user of our services.

For questions about these Terms, please contact us at: getoutburst@gmail.com

1. Eligibility and Account

1.1 Age Requirements

You must be at least 13 years old to use Outburst. If you are under 18, you must have permission from a parent or legal guardian to use our services.

1.2 Account Creation

To use Outburst, you must create an account using Google Sign-In. You agree to:

  • Provide accurate and complete information
  • Keep your account credentials secure and confidential
  • Notify us immediately of any unauthorized access to your account
  • Be responsible for all activity that occurs under your account

1.3 Account Termination

We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct that we determine, in our sole discretion, is harmful to other users, us, or third parties.

2. Our Services

Outburst provides the following services:

  • AI-powered artwork generation using text prompts
  • Image upscaling capabilities
  • Artwork history and gallery features
  • Customer support

We may modify, suspend, or discontinue any aspect of our services at any time. We will provide reasonable notice of any material changes that affect your use of the services.

Our services rely on third-party AI and cloud infrastructure providers. While we strive for continuous availability, we cannot guarantee uninterrupted access to our services.

3. Subscription Plans and Payment

3.1 Subscription Tiers

Outburst offers three subscription tiers:

  • Free: 5 artwork generations per day, no upscaling, public artwork by default
  • Creator: Unlimited artwork generations, 1 upscale per day, private artwork by default
  • Artist: Unlimited artwork generations, 3 upscales per day, private artwork by default

3.2 Billing and Payment

Paid subscriptions are billed on a recurring basis (monthly or annually, as selected). You authorize us to charge your payment method for all fees due. All fees are non-refundable except as required by law or as explicitly stated in these Terms.

3.3 Subscription Changes and Cancellation

You may upgrade, downgrade, or cancel your subscription at any time through your account settings. Changes take effect at the start of the next billing cycle. If you cancel, you will retain access to paid features until the end of your current billing period.

3.4 Refund Policy

We offer refunds in the following circumstances:

  • If we discontinue a service you've paid for, we will provide a pro-rata refund for the unused portion
  • If there is a billing error, we will correct it and refund any overcharges
  • Within 7 days of your first paid subscription purchase, if you are unsatisfied with the service
  • As required by applicable consumer protection laws

4. Usage Limits and Fair Use

Your subscription tier determines your daily usage limits for artwork generation and upscaling. These limits reset daily at midnight Central Time (America/Chicago).

We reserve the right to impose reasonable limits on usage to prevent abuse and ensure fair access for all users. Excessive or automated usage that we determine, in our sole discretion, to be abusive may result in temporary throttling or account suspension.

5. Content Ownership and License

5.1 Your Content

You retain ownership of the text prompts you submit to generate artwork ("Inputs"). By submitting Inputs, you represent and warrant that you have all necessary rights and that your Inputs do not violate any laws or infringe on any third-party rights.

5.2 Generated Artwork - Paid Subscribers

If you are a paid subscriber (Creator or Artist tier), you own the artwork you generate using our service, subject to these Terms. We grant you all rights, title, and interest in the generated artwork.

5.3 Generated Artwork - Free Subscribers

If you are a free subscriber, generated artwork is public by default and may be used by Outburst for promotional purposes, model training, and service improvement. You grant us a perpetual, worldwide, royalty-free license to use, display, and distribute your generated artwork.

5.4 Public vs Private Content

  • Free Tier: All generated artwork is public and may be viewed by other users, displayed in galleries, and indexed by search engines
  • Paid Tiers: Artwork is private by default and only visible to you. Private content will not be used for AI model training

5.5 Non-Unique Outputs

Due to the nature of AI technology, outputs may not be unique. Other users may generate similar or identical artwork. Your ownership rights do not extend to similar outputs generated by other users.

6. Acceptable Use Policy

You agree not to use Outburst to:

  • Generate content that is illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
  • Generate content depicting violence, gore, or harm to individuals or animals
  • Generate sexually explicit content, pornography, or content depicting minors in any sexual context
  • Generate content that infringes on intellectual property rights of others
  • Generate content that promotes hate speech, discrimination, or violence against individuals or groups
  • Impersonate any person or entity, or falsely represent your affiliation with any person or entity
  • Attempt to reverse engineer, decompile, or discover the source code of our services
  • Use automated systems or bots to access our services
  • Interfere with or disrupt the integrity or performance of our services
  • Attempt to gain unauthorized access to our systems or other users' accounts

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account.

7. AI-Generated Content Disclaimers

Outburst uses artificial intelligence and machine learning models to generate artwork. You acknowledge and agree that:

  • AI-generated content may contain errors, inaccuracies, or unexpected results
  • Generated artwork may unintentionally resemble existing works or contain biases present in training data
  • We do not guarantee the accuracy, quality, or suitability of generated content for any particular purpose
  • You are solely responsible for evaluating and verifying generated content before using it
  • AI-generated content is provided "as is" without warranties of any kind

We disclaim all liability for any errors, omissions, or issues arising from AI-generated content, including any infringement of third-party rights.

8. Our Intellectual Property

Outburst and all related trademarks, logos, and service marks are our property. The platform, including its design, functionality, code, and underlying technology, is protected by copyright, trademark, and other intellectual property laws.

These Terms do not grant you any right, title, or interest in our intellectual property except for the limited license to use our services as described in these Terms.

9. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using Outburst, you consent to our collection and use of your information as described in the Privacy Policy.

10. Disclaimers and Limitations of Liability

10.1 Service Availability

We strive to provide reliable services, but we do not guarantee that our services will be uninterrupted, error-free, or completely secure. Our services are provided "as is" and "as available."

10.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 IF YOU HAVE NOT PAID US ANYTHING.

10.4 Consumer Rights

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, our liability will be limited to the maximum extent permitted by law, and nothing in these Terms affects your statutory consumer rights.

11. Indemnification

You agree to indemnify, defend, and hold harmless Outburst and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from: (a) your use of our services; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your generated content.

12. Termination

You may terminate your account at any time by contacting us or through your account settings. Upon termination, your access to our services will cease, and we may delete your account and associated data in accordance with our data retention policies.

We may suspend or terminate your account immediately, without prior notice, if we believe you have violated these Terms or engaged in conduct harmful to us or other users.

Sections of these Terms that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13. Dispute Resolution and Governing Law

13.1 Informal Resolution

If you have a dispute with us, please contact us first at getoutburst@gmail.com to attempt to resolve the dispute informally.

13.2 Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

13.3 Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the United States, and you consent to personal jurisdiction in such courts.

14. Changes to These Terms

We may modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our platform and updating the "Last Updated" date. For significant changes, we may also notify you via email.

Your continued use of Outburst after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using our services and may cancel your account.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Outburst regarding your use of our services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15.3 Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision.

15.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

15.5 Third-Party Links

Our platform may contain links to third-party websites or services. We are not responsible for the content, terms, or privacy practices of third-party sites. Your use of third-party sites is at your own risk.

16. Contact Information

If you have questions about these Terms, please contact us:

Outburst Support

Email: getoutburst@gmail.com