Terms of Service

1. Agreement to Terms

Welcome to Overlay Text! These Terms of Service ("Terms") govern your access to and use of the Overlay Text website, services, and applications (collectively, the "Service") provided by Overlay Text ("we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you disagree with any part of these Terms, you may not access or use the Service.

IMPORTANT: These Terms contain an arbitration clause and class action waiver that affect your legal rights. Please read them carefully.

2. Eligibility

You must be at least 13 years old to use our Service. If you are under 18 years old, you represent that you have your parent or guardian's permission to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

If we discover that you do not meet these requirements, we reserve the right to terminate your access to the Service immediately without notice.

3. Description of Service

Overlay Text is a free, browser-based tool that allows users to:

• Add text overlays to images with customizable fonts, colors, and styles
• Create text-behind-object effects using AI-powered image segmentation
• Generate transparent cutout text effects
• Export edited images in high-quality formats

Client-Side Processing: All image processing occurs in your web browser. Your images are never uploaded to our servers and remain private on your device.

No Account Required: You can use the Service without creating an account or providing personal information.

4. Acceptable Use

4.1 Permitted Uses

You may use the Service for both personal and commercial purposes, including but not limited to:

• Creating social media content and graphics
• Designing marketing materials and advertisements
• Producing product images and promotional content
• Creating content for websites, blogs, and digital publications
• Generating images for business presentations and reports

4.2 Prohibited Uses

You agree NOT to use the Service to:

• Upload, process, or create content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
• Infringe upon the intellectual property rights of others, including copyrights, trademarks, patents, or trade secrets
• Create content that promotes violence, discrimination, hate speech, or harassment against any individual or group
• Upload images containing child sexual abuse material or content that sexualizes minors
• Create deepfakes or misleading content intended to deceive or defraud others
• Generate spam, phishing content, or malicious materials
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Violate any applicable laws, regulations, or third-party rights
• Attempt to reverse engineer, decompile, or extract the source code of the Service or its underlying AI models
• Use automated systems (bots, scripts, scrapers) to access the Service in a way that sends more requests than a human could reasonably produce
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or any other systems or networks

5. Intellectual Property Rights

5.1 Your Content

You retain all ownership rights to the images you upload and the content you create using our Service. By using the Service, you represent and warrant that:

• You own or have the necessary rights and permissions to use the images you upload
• Your use of the images does not infringe upon any third-party rights
• You are solely responsible for ensuring you have the right to use any images you upload

No License to Us: Since your images are processed entirely in your browser and never uploaded to our servers, you do not grant us any license or rights to your content. We never have access to your images or created content.

5.2 Our Intellectual Property

The Service, including its software, design, text, graphics, logos, icons, user interface, and all intellectual property rights therein, is owned by Overlay Text and is protected by copyright, trademark, and other intellectual property laws.

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer or attempt to extract the source code of the Service
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
• Use our trademarks, logos, or brand elements without prior written permission

5.3 Third-Party Content

The Service may include fonts, AI models, and other third-party content that are subject to separate licenses. Your use of such content is subject to the applicable third-party licenses.

6. User Responsibilities

You are solely responsible for:

• Your Content: All images you upload and content you create using the Service
• Copyright Compliance: Ensuring you have the rights to use any images, fonts, or other content
• Legal Compliance: Complying with all applicable laws and regulations in your jurisdiction
• Third-Party Rights: Not infringing upon the rights of any third parties
• Device Security: Maintaining the security of your device and browser
• Content Distribution: How you use, distribute, or publish content created with the Service

We are not responsible for reviewing or monitoring user-generated content, as we do not have access to images processed through the Service.

7. Disclaimers and Limitations

7.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

7.2 No Guarantees

We do not warrant that:

• The Service will meet your specific requirements or expectations
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• The AI-powered features will work perfectly on all images
• Any defects or errors will be corrected

7.3 AI Limitations

Our AI-powered object detection and segmentation features:

• May not work accurately on all images
• Work best with clear subjects on contrasting backgrounds
• May produce imperfect results requiring manual adjustment
• Depend on your device's processing capabilities and may vary in speed

7.4 Browser and Device Compatibility

The Service requires a modern web browser with JavaScript enabled and certain APIs (Canvas, Web Workers, WebAssembly). We do not guarantee compatibility with all browsers, devices, or operating systems.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OVERLAY TEXT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Errors, mistakes, or inaccuracies in the Service
• Personal injury or property damage resulting from your use of the Service
• Any bugs, viruses, or other harmful code transmitted through the Service

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED $100 USD OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

You agree to indemnify, defend, and hold harmless Overlay Text, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your content, including any copyright infringement or violation of intellectual property rights
• Your violation of any applicable laws or regulations

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.

10. Third-Party Services and Content

Our Service integrates with and displays content from third-party services, including:

• Google AdSense: Third-party advertisements displayed on the Service
• Microsoft Clarity: Analytics and user behavior tracking
• Content Delivery Networks (CDNs): For fonts, AI models, and static assets
• Google Fonts: Web fonts used in the Service interface

Your interactions with third-party services are governed by their respective terms of service and privacy policies. We are not responsible for:

• The content, accuracy, or practices of third-party services
• Any damages or losses caused by third-party services
• Your interactions with advertisers or other third parties

Any links to third-party websites are provided for convenience only. We do not endorse or assume responsibility for third-party content or services.

11. Advertising

The Service displays advertisements provided by Google AdSense and potentially other advertising networks. By using the Service, you acknowledge and agree that:

• Advertisements are provided by third parties and not endorsed by us
• We are not responsible for the content, accuracy, or practices of advertisers
• Clicking on advertisements may redirect you to third-party websites
• Advertisers may collect data about you through cookies and tracking technologies
• You interact with advertisers at your own risk

We reserve the right to display advertisements anywhere on the Service and to change the format, type, and extent of advertising without notice.

12. Modifications to Service

We reserve the right to:

• Modify, suspend, or discontinue the Service (or any part thereof) at any time
• Change features, functionality, or availability of the Service
• Impose limits on certain features or restrict access to parts of the Service
• Remove or modify content, features, or functionality without notice

We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service. The Service is provided free of charge, and we make no commitment to maintain, support, update, or continue offering the Service.

13. Changes to Terms

We may revise these Terms from time to time at our sole discretion. We will notify you of material changes by:

• Posting the updated Terms on this page
• Updating the "Last Updated" date at the top
• Displaying a prominent notice on the Service

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Service.

It is your responsibility to review these Terms periodically for changes.

14. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Requests by law enforcement or government agencies
• Discontinuation or material modification of the Service
• Technical or security issues

You may stop using the Service at any time. Since no account is required, simply discontinuing use constitutes termination from your end.

Upon termination, your right to use the Service will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, disclaimers, indemnification, and limitations of liability.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution

Before filing a claim, you agree to contact us at support@overlaytext.com and attempt to resolve the dispute informally. We will attempt to resolve the dispute informally within 60 days.

15.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising from or relating to these Terms or the Service will be resolved through binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.

15.3 Class Action Waiver

YOU AND OVERLAY TEXT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Unless both you and Overlay Text agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

16. Governing Law and Jurisdiction

These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the United States and the State of California, without regard to its conflict of law provisions.

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in California.

17. Severability and Waiver

Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Overlay Text regarding your use of the Service and supersede all prior agreements and understandings, whether written or oral, regarding the Service.

19. Contact Information

If you have any questions, concerns, or complaints regarding these Terms, please contact us:

20. Copyright Infringement (DMCA Notice)

We respect the intellectual property rights of others. While we do not host user-generated content on our servers, if you believe that content created using our Service infringes your copyright, please provide us with a DMCA notice containing:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the allegedly infringing material and its location
• Your contact information (address, telephone number, email address)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner
• A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner

Send DMCA notices to: support@overlaytext.com