Terms of Service

Last updated: January 23, 2026

By downloading or using Neverland, you agree to these Terms of Service ("Terms").

If you do not agree, do not use the App.

1. Eligibility

You must be at least 13 years old to use Neverland.

2. The Service

  • Neverland provides AI-powered image generation tools using user-submitted content.
  • Features may change at any time.

3. License to Use the App

a. Grant of License

Subject to your compliance with these Terms, Neverland grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the Neverland mobile application on a device that you own or control
  • Access and use the app solely for your personal, non-commercial purposes

b. License Restrictions

You may NOT:

  • Copy, modify, or create derivative works of the app
  • Distribute, transfer, sublicense, lease, lend, or rent the app to any third party
  • Reverse engineer, decompile, or disassemble the app, except as permitted by applicable law
  • Make the functionality of the app available to multiple users through any means
  • Use the app for any commercial purpose or for the benefit of any third party
  • Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the app

c. Updates and Modifications

  • We may update the app from time to time to add new features, fix bugs, or improve performance
  • You may need to install updates to continue using the app
  • We reserve the right to modify or discontinue the app at any time without notice

d. Ownership

The app and all rights, title, and interest in and to the app (excluding User Content) are and will remain the exclusive property of Neverland and its licensors. These Terms do not grant you any rights to Neverland's trademarks, service marks, or logos.

4. User Content

a. Your Responsibilities

You confirm that:

  • You own or have rights to uploaded images
  • Your content does not violate laws or third-party rights
  • You do not upload illegal, harmful, or abusive content

b. License to Your Content

You grant Neverland a limited, non-exclusive license to process your content solely to provide the service.

5. AI-Generated Content Disclaimer

  • AI outputs are generated automatically
  • Results may be unpredictable or imperfect
  • Neverland does not guarantee accuracy or realism
  • Generated content is provided "as-is"

6. Credits, Purchases & Subscriptions

a. Subscription Plans

  • Neverland offers weekly subscription plans that provide credits for AI generations
  • A Neverland subscription is sold to an individual user and may not be shared with anyone else
  • Current subscription: $7.99 per week (provides 3,000 credits per week)
  • Subscription plans, pricing, and credit allocations may change at our discretion with advance notice

b. Free Trials and Promotional Pricing

  • We may offer free trials (e.g., 3-day free trial) for new subscribers
  • Trial terms will be clearly disclosed when you select your subscription plan
  • After your trial ends, your payment method will be automatically charged at the regular subscription price unless you cancel before the trial expires
  • You must cancel your subscription before the trial period ends to avoid being charged
  • Promotional pricing and trial offers may vary and are subject to eligibility requirements

c. Auto-Renewal and Billing

  • Subscriptions are sold on an auto-renewal basis
  • Your subscription will automatically renew at the end of each subscription period (e.g., weekly) unless you cancel before the renewal date
  • You will be charged the then-current subscription price for each renewal period
  • All payments are processed by Apple App Store or Google Play Store
  • If we cannot charge your payment method (e.g., due to expiration or insufficient funds) and you have not cancelled, you remain responsible for any uncollected amounts
  • We reserve the right to cancel your subscription if we are unable to successfully charge your payment method

d. Credits

  • Credits are used to generate AI photos and videos
  • Credits have no cash value and are non-transferable
  • Subscription credits reset at the start of each billing period
  • Unused subscription credits do not roll over to the next billing period
  • Credits purchased separately (if available) do not expire

e. Cancellation

  • You may cancel your subscription at any time through your device settings:
    • iOS: Settings → [Your Name] → Subscriptions → Neverland → Cancel Subscription
    • Android: Google Play Store → Menu → Subscriptions → Neverland → Cancel Subscription
  • Upon cancellation, you may continue to use subscription features through the end of your current billing period
  • No partial refunds will be provided for unused time in your current billing period
  • Cancellation does not delete your account; you must separately delete your account if desired

f. Price Changes

  • We reserve the right to change subscription prices at any time
  • If we change the price of your subscription, we will provide you with advance notice
  • Price changes will take effect at the start of your next billing period after the notice
  • If you do not agree to a price change, you may cancel your subscription before the new price takes effect

7. Prohibited Uses

You agree not to:

  • Upload illegal or explicit content
  • Use photos of others without their consent
  • Create content intended to harm, deceive, or harass
  • Abuse or overload the system
  • Attempt to reverse-engineer the app or AI workflows
  • Violate our Content Policy

Violation may result in suspension or termination.

8. Content Moderation

a. How We Moderate

  • All AI style packs are curated by our team to ensure compliance with platform guidelines
  • Automated systems detect prohibited content in uploaded photos
  • Manual review may be performed when violations are suspected

b. Enforcement Actions

Violations may result in:

  • First violation: Warning and content removal
  • Repeated violations: 7-day account suspension
  • Severe violations: Permanent account ban (e.g., child exploitation, illegal content)

c. Questions or Concerns

If you believe content was flagged in error, contact us at: support@tryneverland.com

9. Account Termination

We may suspend or terminate access if:

  • You violate these Terms
  • You misuse the service
  • Required by law

10. Intellectual Property

a. Our Property

  • All app content, branding, and technology belong to Neverland
  • You may not copy, modify, or redistribute without permission
  • Unauthorized use may result in legal action

b. Your Generated Content

  • You retain ownership of AI-generated content created using your photos
  • You grant us a limited license to store and display your content for service provision
  • You are responsible for how you use and share AI-generated content
  • You may not claim AI outputs were created without AI assistance where disclosure is required by law

11. Refund Policy

  • All purchases and subscriptions are processed through Apple App Store or Google Play Store
  • Refunds are subject to the refund policies of Apple and Google, not Neverland
  • Credits and subscriptions are generally non-refundable
  • We will not reimburse or provide refunds for cancellation of your subscription
  • Cancelling your subscription does not entitle you to a refund for the current billing period
  • To request a refund for an App Store purchase, contact Apple Support directly
  • To request a refund for a Google Play purchase, contact Google Play Support directly
  • Refunds may be granted at our discretion in cases of technical failure or service unavailability

12. Disclaimer of Warranties

The App is provided "as is" and "as available." We make no warranties regarding uptime or results.

  • We do not guarantee AI outputs will meet your expectations
  • We do not warrant uninterrupted or error-free service
  • We are not responsible for loss of data or content
  • You use the service at your own risk

13. Limitation of Liability

To the maximum extent permitted by law:

  • Neverland is not liable for indirect, incidental, or consequential damages
  • We are not liable for loss of profits, data, or goodwill
  • Total liability is limited to the amount paid by you in the last 12 months
  • Some jurisdictions do not allow limitations on liability; these limitations may not apply to you

14. Indemnification

You agree to indemnify and hold Neverland harmless from any claims, damages, or expenses arising from:

  • Your use of the service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your uploaded content or AI-generated outputs

15. Dispute Resolution

a. Informal Resolution

Before filing a claim, contact us at support@tryneverland.com to attempt informal resolution.

b. Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court (except where prohibited by law).

c. Class Action Waiver

You agree to resolve disputes on an individual basis, not as part of a class action (to the extent permitted by law).

16. Changes to These Terms

  • We may update these Terms at any time
  • Significant changes will be communicated via email or in-app notification
  • Continued use after changes constitutes acceptance
  • If you don't agree to new Terms, you must stop using the service

17. Severability

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

18. Entire Agreement

These Terms, along with our Privacy Policy and Content Policy, constitute the entire agreement between you and Neverland.

19. Governing Law

These Terms are governed by the laws of your company's jurisdiction, without regard to conflict of law principles.

20. Apple App Store Terms

If you access Neverland through an Apple device, the following additional terms apply:

a. Acknowledgment

  • These Terms are between you and Neverland only, not with Apple Inc. ("Apple")
  • Apple is not responsible for the App or its content
  • Apple has no obligation to provide maintenance or support services for the App

b. Scope of License

  • Your license to use the App is limited to a non-transferable license to use the App on an Apple-branded product that you own or control
  • Your use must comply with the Usage Rules in the Apple App Store Terms of Service

c. Warranty and Liability

  • Apple is not responsible for any warranties, whether express or implied
  • In the event of any failure of the App, you may notify Apple for a refund of the purchase price (if any)
  • Apple has no other warranty obligation with respect to the App
  • Any claims, losses, or damages related to the App are the responsibility of Neverland, not Apple

d. Product Claims and Intellectual Property

  • Neverland, not Apple, is responsible for addressing any claims relating to the App or your use of it
  • This includes product liability claims, claims that the App fails to conform to legal requirements, and consumer protection claims
  • If a third party claims the App infringes their intellectual property rights, Neverland (not Apple) is responsible for the investigation and defense of such claims

e. Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

21. Contact

For questions about these Terms:

📧 Legal: legal@tryneverland.com

📧 Support: support@tryneverland.com

🌐 Website: https://tryneverland.com

Note: By using Neverland, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.