Skip to content

Last updated: Oct 10, 2026

Terms of Service

These Terms of Service (“Terms”) are an agreement between you and YDuck Labs LLC, NM 87110, USA (“we”, “us”), the operator of MakeSame (the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy and Refund Policy. If you don't agree, please don't use the Service.

1. Who can use the Service

  • You must be at least 16 years old. If you are under the age of majority where you live, you may only use the Service with the permission of a parent or legal guardian, who agrees to these Terms on your behalf.
  • You must give accurate account information and keep your password secure. You are responsible for activity under your account. Tell us right away at support@makesame.com if you think your account has been accessed without your permission.
  • One person per account. Accounts may not be shared, sold or transferred.

2. The Service

MakeSame applies ready-made visual styles to photos you upload, using third-party AI image models. Results are generated automatically and can vary between attempts. A style describes what it aims to achieve; it does not guarantee a particular likeness, quality or that every detail of the original is preserved. We may add, change or retire styles, and change or stop parts of the Service, at any time. We aim to keep the Service available but don't promise uninterrupted access.

3. Your content and results

  • You keep any rights you have in the photos and text you submit (“Your Content”). You give us a limited, worldwide, non-exclusive licence to store, process and transmit Your Content, including to our AI and infrastructure providers, only as needed to provide the Service to you. This licence ends when Your Content is deleted.
  • As between you and us, the images generated for you (“Results”) belong to you, to the extent the law allows, and you may use them for any lawful purpose. AI-generated images may not be protected by copyright in some countries, and similar results may be generated for other users.
  • You are responsible for Your Content and for how you use Results, including following any law that requires AI-generated or altered images to be labelled as such.
  • We don't use your photos or Results as marketing examples and don't use them to train AI models.

4. Acceptable use

You agree not to:

  • upload photos you don't own or have permission to use, or that show a person who has not agreed to it;
  • create sexual or nude content, content involving minors in any sexualised or harmful way, graphic violence, or content that promotes self-harm;
  • impersonate, deceive, defame, harass or threaten anyone, or create misleading images of real people (“deepfakes”) intended to deceive;
  • infringe anyone's intellectual property, privacy or publicity rights, or break any law;
  • try to get around our safety checks, usage limits or payment systems, or probe, scan or attack the Service;
  • access the Service by automated means (bots, scrapers) except through features we provide, copy or resell the Service, or reverse-engineer it except where the law allows.

Photos and text are checked automatically before they are processed. Content that may break these rules is rejected and not stored, and no credits are charged. We may refuse requests, remove content, and suspend or close accounts that break these Terms, and we may report illegal content to the authorities. To report misuse, contact support@makesame.com.

5. Credits

  • Generations are paid for with credits. The cost of each style is shown before you start. Credits are only used when a Result is delivered; if a generation fails or is rejected by a safety check, the credits are returned automatically.
  • Purchased credits are valid until the expiry date shown at purchase and in your account. Membership credits are valid until the end of the billing period they were issued for and do not roll over.
  • Credits have no cash value, cannot be transferred or exchanged for money, and are not a stored-value product. They are only refundable as described in the Refund Policy or where the law requires.
  • Unused credits expire when they reach their expiry date or when your account is deleted or closed for a breach of these Terms.

6. Payments and memberships

  • Prices are shown before you pay. Taxes such as sales tax or VAT may be added at checkout depending on where you live.
  • When purchases are available, the checkout identifies the payment provider or reseller, any applicable purchase terms, taxes and the total price before you confirm payment. These Terms govern your use of MakeSame; payment processing does not replace our responsibilities for the Service or our Refund Policy. We never receive or store your full card details.
  • Memberships renew automatically each month and you are charged at the start of each billing period until you cancel. You can cancel anytime from Billing or by contacting our support team; your membership then stays active until the end of the period you have paid for.
  • If we change the price of a membership, we will tell you before your next renewal, and the new price will only apply from a renewal after that notice. If a renewal payment fails, no new credits are issued until it is paid.

7. Refunds and your right of withdrawal

Refunds are described in our Refund Policy. If you live in the European Union, the United Kingdom or another country that gives consumers a statutory right of withdrawal for online purchases, you have that right as provided by your local law. Credits are digital content. At checkout you ask for them to be made available immediately and acknowledge that, where the law allows, you lose your right of withdrawal once you start using them. Whether and when the right ends depends on the law that applies to you; credits being added to your account does not by itself end it. We confirm your request and acknowledgement, with the date, in the email we send after your purchase. This does not affect the refunds offered under the Refund Policy or any other rights you have by law.

8. Our rights

The Service, including its software, design, styles, text and branding, belongs to us or our licensors. We give you a personal, non-exclusive, non-transferable right to use the Service under these Terms. Feedback you send us may be used without obligation to you.

9. Third-party services

The Service relies on third parties for AI processing, hosting, storage, email, security and payments. Their services are not under our control, and we are not responsible for their availability or for third-party websites linked from the Service.

10. Ending your use

You can stop using the Service and delete your account at any time from Account → Settings. We may suspend or close your account if you break these Terms, if we are required to by law, or to protect the Service or other users. Where reasonable, we will tell you why. Sections that by their nature should survive (for example, sections 3, 8 and 11–14) continue after your account ends.

11. Disclaimers

To the extent the law allows, the Service and all Results are provided “as is” and “as available”, without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement. Nothing in these Terms excludes warranties or guarantees that cannot be excluded under the law that applies to you.

12. Limitation of liability

To the extent the law allows: (a) we are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, data, goodwill or business opportunities; and (b) our total liability for all claims relating to the Service is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or USD 50. These limits do not apply to liability that cannot be limited by law, such as liability for fraud, or for death or personal injury caused by negligence, and they do not affect your statutory rights as a consumer.

13. Indemnity

To the extent the law allows, you agree to indemnify us against claims, losses and reasonable costs (including legal fees) arising from Your Content or your breach of these Terms. This section does not apply to consumers in countries where such an obligation is not permitted.

14. Governing law and disputes

These Terms are governed by the laws of the State of New Mexico, USA, without regard to its conflict-of-laws rules. If you have a problem, please contact us first at support@makesame.com; we will try to resolve it informally within 30 days. If we can't, any dispute will be decided by the state or federal courts located in New Mexico, and you and we agree to their jurisdiction.

If you are a consumer living in the European Union, the United Kingdom or another country whose laws give you mandatory protections, you keep those protections, and you may also bring proceedings in the courts of the country where you live.

15. Changes to these Terms

We may update these Terms. For material changes, we will notify you by email or on the Service at least 14 days before they take effect. If you don't agree with the changes, you can stop using the Service and delete your account before they take effect; continuing to use the Service afterwards means you accept them.

16. General

These Terms, together with the Privacy Policy and Refund Policy, are the entire agreement between you and us about the Service. If any part is found unenforceable, the rest remains in effect. Not enforcing a right is not a waiver of it. You may not transfer your rights under these Terms; we may transfer ours as part of a reorganisation, merger or sale of the business. If a translation of these Terms differs from the English version, the English version applies to the extent the law allows.

17. Contact

YDuck Labs LLC, NM 87110, USA
support@makesame.com