Terms of Service

Effective date: June 18, 2025

These Terms of Service (“Terms”) govern your access to and use of the UpSynth platform, website, and services (“we”, “us”, “our”) as a user. By using our services, you agree to these Terms.

1. About UpSynth
UpSynth is an EU-based SaaS platform for AI-powered image enhancement. Its core features include image upscaling, inpainting with two modes, and creative adjustment via a “Magic” value. We are committed to privacy, transparency, and full GDPR compliance.

2. Registration and Requirements
To use UpSynth, you must be at least 18 years old and legally capable of entering into contracts.
Registration is possible only through third-party logins (Google, Apple ID, or Facebook). Your user account is created automatically upon your first login. We do not store passwords.
You are responsible for all activity under your account. Sharing access or using another person's identity is not permitted. You must notify us immediately if you suspect misuse.

3. Scope of Services
UpSynth provides a cloud-based image processing platform with AI features such as upscaling, inpainting, and creative styling. The level of AI interpretation can be adjusted via the “Magic” value.
All processing is performed using pre-trained open-source models. We do not train AI models using your data.
We may add, modify, or remove features at any time.

4. User Content and Rights
You retain full ownership of your uploaded and processed images.
By using the platform, you grant us a non-exclusive, revocable, limited license to process and make your content technically available for the purpose of providing the service.
This license ends once you delete your content or your account.

You confirm that:

  • you own all necessary rights to the uploaded content,
  • no third-party rights are violated,
  • no illegal, offensive, or misleading content is submitted.

We reserve the right to block or remove content that violates these Terms or applicable laws.

5. Prohibited Use
The platform must not be used for:

  • illegal, offensive, or violent purposes,
  • creating deceptive or manipulated content,
  • uploading malware or harmful code,
  • identity misuse or impersonation,
  • spam, hate speech, harassment, or discriminatory content.

We reserve the right to suspend or permanently deactivate user accounts that violate these Terms.

6. Pricing, Subscriptions, and Credits
To use premium features, you need an active subscription. Pricing, durations, and credit amounts are published on our website. Payments are handled via secure third-party providers (e.g., Stripe, Mollie). We do not store payment data.

  • Subscriptions renew automatically unless cancelled in due time.
  • Unused credits do not expire immediately; they remain valid for up to 3 months after being granted, after which they expire.
  • New credits are issued at the beginning of each billing cycle.
    You may cancel at any time. Your subscription remains active until the end of the current paid period.
  • Refunds are generally excluded. In case of technical issues, we may extend the subscription or offer bonus credits at our discretion.

7. Data Privacy and Security
We process only the following:

  • your first and last name,
  • your email address,
  • uploaded images and technical session data.

We do not store passwords or payment data.
Your images are not used for AI training.

All data is processed in accordance with the GDPR. Our infrastructure partners are:

  • Hetzner Online GmbH (Germany) – data center operations within the EU
  • RunPod – GPU services operated in EU-based data centers
  • PostHog – anonymous, GDPR-compliant usage analytics

See our Privacy Policy for more details.

8. Disclaimer of Liability
To the extent permitted by law, we are not liable for:

  • technical interruptions or outages,
  • data loss or unauthorized access,
  • incorrect content or rendering,
  • damages due to improper use.

Our total liability is limited to the amount you paid us in the 12 months before the incident – but not less than €10.

9. Termination
We reserve the right to suspend or delete your account without notice in case of violations of these Terms.
You may cancel your account at any time. All credits and data will be deleted after the subscription period ends, in accordance with our data retention policy.

10. Changes to Terms
We may update these Terms from time to time. The current version is always available on our website. Continued use of the platform after updates constitutes acceptance of the revised Terms.

11. Governing Law
These Terms are governed by the laws of the European Union. For consumers, the mandatory consumer protection laws of their country of residence within the EU may also apply.

12. Contact
If you have questions regarding these Terms, you can contact us at: support@upsynth.ai

13. Right of Withdrawal (EU consumers only)
Consumers have the right to withdraw from an online contract within 14 days without giving any reason.

13.1. Immediate Service Provision & Limitations
By subscribing, you agree that UpSynth shall begin providing services immediately and that your credits will be made available right away.

“I expressly request that UpSynth begins providing the service before the withdrawal period expires. I understand that I may lose my right of withdrawal in case of full or partial use of the service.”

13.1.1. Monthly Subscription
In a monthly plan, you receive your credits immediately. Therefore, refunds for the first month are not possible, even if you withdraw.


13.1.2. Annual Subscription
If you cancel within the 14-day withdrawal period, a partial refund may be granted – but only for unused months.
The first month is considered consumed upon activation. We reserve the right to deduct a processing fee of €10.

13.2. How to Withdraw
Send your withdrawal request by email to: support@upsynth.ai


Please include:

  • your full name
  • your registered email address
  • the order or subscription start date
Privacy Policy

1. Controller
The controller responsible for the processing of your personal data in accordance with the General Data Protection Regulation (GDPR) is:

Latent Space Rocket GmbH
Haussteinstraße 2 / TOP 108, 1020 Vienna, Austria
FN 648252 m
Email: support@upsynth.ai

2. General Information on Data Processing
We take the protection of your personal data very seriously. This privacy policy informs you about the nature, scope, and purpose of the collection and use of personal data on our platform.

3. What Data We Process
We only collect and process data that is necessary for the use of our services:

  • First name, last name, and email address (for managing your user account)
  • Uploaded images and projects, technical metadata (e.g., image name, project ID, timestamp)
  • Usage data within session management (e.g., login information, access timestamps)

There is no traditional registration with a password. Accounts are created exclusively via third-party providers (Google, Apple ID, Facebook).

4. Purpose of Processing
Data is processed for the following purposes:

  • Provision and personalization of our services
  • Management of your user account
  • Execution of image processing (upscaling, inpainting)
  • Technical maintenance and development of our platform
  • Communication with you (e.g., support)

5. Storage and Deletion
We store personal data only as long as your subscription is active or as required by legal retention obligations.
After cancellation of your subscription, a 30-day period begins, after which all personal data (including images, projects, metadata) is permanently deleted.
You can request early deletion of your data at any time by emailing support@upsynth.ai.

6. No Use for Training Purposes
We do not use your images or personal data to train AI models. UpSynth only uses pre-trained open-source AI models and does not train any models using user data.

7. Use of Third-Party Providers
We work with service providers who meet our strict data protection requirements and comply with the GDPR.

Our key infrastructure partners are:

  • Hetzner Online GmbH, data center in Falkenstein (Germany) – Hosting and infrastructure within the EU.
  • RunPod, a US-based company providing GPU resources. RunPod complies with GDPR, and we ensure that data processing meets European data protection standards.

8. Payment Processing
Payments are processed via external, certified payment service providers (e.g., Stripe, Mollie). We do not store any payment data ourselves. Data processing is subject to the privacy policies of the respective providers.

9. Your Data Protection Rights
You have the right to:

  • Access your stored personal data (Art. 15 GDPR)
  • Correct inaccurate data (Art. 16 GDPR)
  • Request deletion of your data (Art. 17 GDPR)
  • Restrict processing (Art. 18 GDPR)
  • Data portability (Art. 20 GDPR)
  • Object to processing (Art. 21 GDPR)
  • File a complaint with a data protection authority (Art. 77 GDPR)

To exercise your rights, please contact us via email at support@upsynth.ai.

10. Security
All data is transmitted securely via TLS/SSL encryption.
Our servers are protected by firewalls, access controls, and regular security updates.
Only authorized personnel with clearly defined roles have access to personal data.

11. Data Breaches
In the event of a data breach, we will promptly assess the risk. If a report is necessary, we will notify the competent data protection authority within 72 hours (Art. 33 GDPR). If a high risk to you exists, we will also inform you directly and transparently in accordance with Art. 34 GDPR.

12. Changes to This Privacy Policy
We reserve the right to amend this privacy policy in response to technical or legal changes. The current version is always available at https://www.upsynth.ai/privacy.

Cookies

1. What are cookies?
Cookies are small text files stored on your device via your browser. They allow us to recognize returning users and remember specific settings or information about your visit. This makes using our platform more convenient and functional.

2. What cookies does UpSynth use?
a) Technically necessary cookies (essential cookies)
These cookies are required to ensure the technical operation of the platform, including:

  • Session cookies (e.g., PHPSESSID) for managing active sessions
  • Authentication cookies from logins via Google, Apple ID, or Facebook

These cookies are typically deleted after your session ends and do not contain any sensitive personal data.

b) Statistical & analytics cookies (optional)
To anonymously analyze usage of our platform, we use:

  • PostHog, a GDPR-compliant open-source tool that helps us understand how users interact with UpSynth (e.g., click behavior, error paths, navigation).

No IP addresses are permanently stored, and no individual user profiles are created.
These cookies help us continuously improve the usability and performance of UpSynth.

3. Recognition
In some cases, cookies allow your browser to be recognized during future visits — for example, to remember your previous login session or language preference. This function relies solely on cookie data and not on personal user profiles.

4. Cookie consent
When visiting our platform for the first time, you will see a cookie banner asking whether you agree to the use of analytics cookies. Technically necessary cookies are set regardless of your selection, as they are essential for the functionality of the site. You can withdraw your consent at any time by deleting cookies in your browser or adjusting your cookie settings.

5. Disabling cookies
You can prevent the storage of cookies via your browser settings. However, please note that disabling essential cookies may result in certain features of our platform not functioning properly — especially logins, sessions, or project settings.