Terms of Service

1. Agreement to Terms

Welcome to Overlay Text ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of overlaytext.com and our text overlay editor service (collectively, the "Service").

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 the Service.

2. Eligibility

You must be at least 13 years old to use our Service. If you are under 18, you represent that you have parental or guardian permission. By using the Service, you represent that you meet these requirements.

3. Service Description

Overlay Text provides a web-based image editing tool with AI-powered features:

• Text overlay editor with customizable fonts, colors, and styles
• AI-powered image segmentation for text-behind-object effects
• Transparent cutout text effects
• AI Magic Text: Generative AI text suggestions based on image content (Pro feature)
• Cloud-based creation history (for registered users)
• Multi-tier export quality based on subscription level

3.1 Service Tiers

• Anonymous Free: No signup required, 720px export, no history saved
• Free Account: Free signup, 720px export, only 3 creations accessible
• Pro Subscription: $5.99/month, max resolution export, all creations unlocked

4. User Accounts

4.1 Account Creation

To access features like creation history and higher export quality, you must create an account through our authentication provider (Clerk). When you create an account, you agree to:

• Provide accurate information: Supply true, current, and complete information during registration. Update your information as needed to keep it accurate.
• Maintain security: Keep your password confidential and secure. Use a strong, unique password and enable two-factor authentication if available.
• Report unauthorized access: Notify us immediately at support@overlaytext.com if you suspect unauthorized access to your account.
• Accept responsibility: You are responsible for all activities that occur under your account, whether authorized by you or not. We are not liable for losses due to unauthorized use of your credentials.

4.2 Account Termination

You may delete your account at any time through your account settings. We may suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or abuse the Service. Upon termination:

• Your access to saved creations and account features ends immediately
• Your saved images and data may be deleted after a 30-day grace period
• Active Pro subscriptions will be canceled (no refunds for violations)
• You may not create new accounts without our permission if terminated for cause

5. Pro Subscription and Payments

5.1 Subscription Terms

Pro subscriptions are billed monthly at $5.99/month through Polar (our payment processor). By subscribing, you authorize us to charge your payment method monthly until you cancel.

5.2 Auto-Renewal

Your subscription automatically renews each month unless canceled before the renewal date. You'll be charged on the same day each month.

5.3 Cancellation

You may cancel your subscription at any time through your account settings or Polar customer portal. Cancellations take effect at the end of the current billing period. You retain Pro access until the period ends.

5.4 Refunds

Subscriptions are non-refundable except as required by law or at our sole discretion. If you cancel, you won't be charged for subsequent periods, but no refunds for partial months.

5.5 Price Changes

We may change subscription prices with 30 days notice. Existing subscribers will be grandfathered at their current rate for the notice period.

5.6 After Cancellation

When Pro subscription ends:

• You keep all saved creations (view-only)
• Only your 3 most recent creations remain unlocked/editable
• Export quality reverts to 720px (for free account holders)

6. Content and Intellectual Property

6.1 Your Content

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

• Ownership or authorization: You either own the images you upload or have obtained all necessary rights, licenses, consents, and permissions to use them. This includes model releases for people in photos and property releases for recognizable locations or trademarks.
• No infringement: Your content does not infringe upon any third party's intellectual property rights, privacy rights, publicity rights, or any other legal rights. You have verified that your use complies with all applicable copyright, trademark, and other laws.
• Sole responsibility: You are solely responsible for ensuring you have all necessary rights to use any images you upload. We are not responsible for investigating or verifying the ownership or rights to your content.
• Legal consequences: You acknowledge that unauthorized use of copyrighted material may expose you to legal liability, and you agree to bear all such risks and consequences.

6.2 Limited License to Us

For registered users only: When you save creations to your account, you grant us a limited, non-exclusive, royalty-free, worldwide license to store, display, reproduce, and process your images solely for the purpose of:

• Providing the Service to you (storage, retrieval, display in your account)
• Backing up and securing your data
• Technical operations like format conversion for display optimization

This license ends when you delete your creations or account. We never use your content for training AI models, advertising, or any other purpose beyond providing the Service to you.

For anonymous users: Your images are processed entirely in your browser and never uploaded to our servers. We never receive, store, or access your images.

6.3 Our Intellectual Property

The Service, including but not limited to its software, source code, algorithms, user interface design, graphics, logos, trademarks, and all related intellectual property, is owned by Overlay Text and protected by copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use the Service for its intended purpose. You may not:

• Copy, modify, distribute, sell, or lease any part of the Service or its software
• Reverse engineer, decompile, or attempt to extract the source code
• Remove, alter, or obscure any copyright, trademark, or proprietary rights notices
• Use our trademarks, logos, or brand elements without prior written permission
• Create derivative works based on the Service or its technology

7. Acceptable Use Policy

To maintain a safe, legal, and respectful environment, you agree NOT to use the Service to:

• Upload illegal or harmful content: Do not upload, process, or create content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable under applicable law.
• Infringe intellectual property: Do not upload images or create content that infringes upon copyrights, trademarks, patents, trade secrets, or any other proprietary rights of others. This includes using copyrighted images, logos, or brand assets without authorization.
• Promote violence or hate: Do not create content that promotes, glorifies, or incites violence, terrorism, discrimination, hate speech, or harassment against any individual or group based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics.
• Exploit minors: Absolutely do not upload, create, or distribute child sexual abuse material (CSAM) or any content that sexualizes, exploits, or endangers minors. Violations will be reported to law enforcement.
• Create deceptive content: Do not create deepfakes, manipulated media, or misleading content designed to deceive, defraud, impersonate others, or spread misinformation.
• Spam or phish: Do not use the Service to generate spam, phishing materials, malware, or other malicious content.
• Abuse automated systems: Do not use bots, scrapers, automated scripts, or other tools to access the Service in ways that exceed reasonable human usage or attempt to overwhelm our systems.
• Reverse engineer: Do not attempt to reverse engineer, decompile, disassemble, or extract the source code, algorithms, or AI models used in the Service.
• Disrupt the Service: Do not interfere with, disrupt, or impose an unreasonable burden on the Service, its servers, networks, or infrastructure.
• Unauthorized access: Do not attempt to gain unauthorized access to any portion of the Service, other users' accounts, or our computer systems or networks.

Enforcement: We reserve the right to investigate violations and cooperate with law enforcement. Violations may result in immediate account termination and legal action.

8. Data Storage and Privacy

Anonymous Users: Images are processed entirely in your browser. We never see or store your images.

Registered Users: When you save creations, we store:

• Your edited images on Cloudflare R2 (cloud storage)
• Creation metadata in Convex database
• Account information with Clerk (authentication provider)

For full details, see our Privacy Policy.

9. Advertising

9.1 Third-Party Advertisements

We display third-party advertisements throughout our website through Google AdSense and potentially other advertising networks. These advertisements help us provide free access to our Service and maintain the platform. By using our Service, you acknowledge and agree that:

• Advertisements are third-party content: Ads displayed on our website are provided by third-party advertisers (not Overlay Text). We do not create, endorse, control, or verify the accuracy of advertised content. Advertisers are solely responsible for their ad content and any products or services they promote.
• No endorsement or recommendation: The appearance of an advertisement on our website does not constitute our endorsement, recommendation, or guarantee of the advertised product, service, company, or website. We make no representations about the quality, safety, legality, or suitability of any advertised offerings.
• Click at your own risk: Clicking on advertisements will typically redirect you to third-party websites that are not operated or controlled by us. We are not responsible for the content, privacy practices, terms of service, or any damages or losses incurred from your interactions with advertisers or their websites.
• Advertiser data collection: Third-party advertisers and advertising networks (like Google AdSense) may collect data about you through cookies, web beacons, pixel tags, and other tracking technologies when you view or click ads. This data collection is governed by the advertiser's privacy policy, not ours. Common data collected includes: browsing history, IP address, device information, location data, and interests for targeted advertising purposes.
• Personalized vs. non-personalized ads: Depending on your cookie preferences and location, you may see personalized ads (based on your interests and browsing behavior) or non-personalized ads (contextual ads based on page content only). You can manage ad personalization through your browser settings and Google Ad Settings.

9.2 Types of Advertisements

We may display various types of advertisements on our blog, including:

• Display ads: Banner ads, sidebar ads, in-content ads appearing between paragraphs
• Text ads: Text-based sponsored links related to blog content
• Video ads: Autoplay or click-to-play video advertisements
• Native ads: Ads designed to match the look and feel of our blog content (clearly labeled as "Ad" or "Sponsored")
• Affiliate links: Some blog posts may contain affiliate links where we earn a commission if you make a purchase (always disclosed)

9.3 Ad Placement and Format

We reserve the right to:

• Display advertisements anywhere on our website without prior notice
• Change the number, size, format, placement, and type of ads at any time
• Add or remove advertising networks and partners
• Enable or disable specific ad formats (video, interactive, etc.)
• Block or filter certain ad categories at our discretion

9.4 Inappropriate or Offensive Ads

While we use reputable advertising networks with content policies, inappropriate ads may occasionally appear. If you encounter an ad that is:

• Offensive, inappropriate, or violates our community standards
• Malicious, deceptive, or promotes scams/phishing
• Contains malware or triggers unwanted downloads
• Violates intellectual property rights
• Promotes illegal activities or products

Please report it to support@overlaytext.com with a screenshot, URL, and description. We'll work with our ad networks to block the offending advertiser. However, we cannot guarantee the removal of all inappropriate ads and are not liable for ad content.

9.5 Ad Blockers

We respect your choice to use ad blocking software. However, please note that advertisements help us provide free access to our Service and maintain the platform. If you use an ad blocker, you may still access all content, but we kindly ask you to consider adding overlaytext.com to your ad blocker's allowlist to support our work.

10. Third-Party Services and Integrations

To operate the Service effectively, we integrate with and rely on various third-party service providers. Each service has its own terms of service and privacy policy that govern your use:

• Clerk (clerk.com): User authentication and account management. Clerk securely stores your login credentials, manages authentication tokens, and handles account security features like two-factor authentication. See Clerk Terms and Clerk Privacy Policy.
• Polar (polar.sh): Payment processing and subscription management for Pro subscriptions. Polar is our merchant of record and handles all payment card information securely in compliance with PCI DSS standards. See Polar Terms and Polar Privacy Policy.
• Cloudflare R2 (cloudflare.com): Cloud storage for saved images and thumbnails. Your uploaded creations are stored on Cloudflare's secure infrastructure with encryption at rest and in transit. See Cloudflare Terms and Cloudflare Privacy Policy.
• Convex (convex.dev): Backend database and real-time infrastructure. Stores account data, creation metadata, subscription information, and syncs data across your devices. See Convex Terms and Convex Privacy Policy.
• Microsoft Clarity (clarity.microsoft.com): Website analytics and user behavior tracking. Helps us understand how users interact with the Service to improve user experience. Collects anonymized session recordings, heatmaps, and usage statistics. See Microsoft Privacy Statement.
• Google Fonts (fonts.google.com): Web fonts used in the Service interface. Loaded from Google's CDN for faster performance. See Google Fonts FAQ.
• Google AdSense (google.com/adsense): Advertising network displaying ads on our blog. Collects data for ad personalization and targeting. See Google Terms and Google Privacy Policy.

10.1 Disclaimer of Third-Party Responsibility

We are not responsible for:

• The availability, performance, security, or reliability of third-party services
• Data breaches, service outages, or failures of third-party providers
• Changes to third-party terms, pricing, or service offerings
• Third-party data collection, processing, or privacy practices
• Any damages or losses resulting from your use of third-party services

10.2 Links to External Websites

Our Service and blog may contain links to third-party websites, resources, or services. These links are provided for convenience only and do not imply endorsement. We have no control over and assume no responsibility for the content, privacy policies, terms, or practices of any third-party sites. You access external links at your own risk.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT GUARANTEE THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR REQUIREMENTS.

Our AI features may not work perfectly on all images. Results depend on image quality, subject clarity, and device capabilities.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERLAY TEXT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS, OR $100, WHICHEVER IS GREATER.

13. Indemnification

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

• Your use of the Service: Any action you take using the Service, including how you use, distribute, or publish content created with the Service.
• Violation of these Terms: Any breach of these Terms of Service, including the Acceptable Use Policy or intellectual property provisions.
• Your content: Any claims that your uploaded images or created content infringe upon copyrights, trademarks, patents, trade secrets, privacy rights, publicity rights, or other intellectual property or legal rights of third parties.
• Legal violations: Your violation of any applicable laws, regulations, or third-party rights in connection with your use of the Service.
• Other users: Any disputes you have with other users or third parties related to your use of the Service.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of such claims. You will not settle any claim that affects us without our prior written consent.

14. Changes to Terms

We may update these Terms at any time. We'll notify you of material changes by updating the "Last Updated" date and posting a notice on the Service. Continued use after changes constitutes acceptance.

15. Termination

We may suspend or terminate your account for violating these Terms. Upon termination:

• Your access to the Service ends immediately
• Paid subscriptions may be canceled without refund if terminated for cause
• Your saved creations may be deleted after 30 days

16. Dispute Resolution

Before filing a claim, please contact us at support@overlaytext.com to resolve disputes informally. If informal resolution fails, disputes will be resolved through binding arbitration under the American Arbitration Association rules.

YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

17. Governing Law

These Terms are governed by the laws of the State of California and the United States, without regard to conflict of law provisions.

18. Contact Information