Terms of Service

1. Acceptance of Terms

By accessing or using Persimmon ("the Service"), operated at persimmon.tools, you agree to be bound by these Terms of Service ("Terms"). The Service is owned and operated by Wymzy Industries LLC ("Company," "we," "us," or "our"), a limited liability company organized under the laws of the State of Arkansas. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Persimmon is a web-based image toolkit. The primary tool removes backgrounds from images using AI. Additional tools include image compression and image resizing. Users may perform a limited number of free background removals each day or purchase credit packs for additional usage. Image compression and resizing are free and unlimited for all users. We reserve the right to modify, suspend, or discontinue any part of the Service at any time without prior notice.

3. Accounts

To purchase credits or track usage history, you may create an account using an email address and password. Account authentication is handled via NextAuth. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must be at least 13 years of age to create an account or use the Service. By creating an account, you represent and warrant that you meet this age requirement.

4. Billing & Refunds

Persimmon uses a credit-based pricing model. Credits are purchased as one-time packs via Stripe. The current credit packs are:

• Free — 1 background removal per day (no account required). Compression and resizing are free and unlimited.
• Starter — 3 credits for $2.99
• Popular — 15 credits for $10.99
• Pro — 50 credits for $24.99

Each credit entitles you to one background removal. Credits never expire and remain associated with your account until used.

All sales of credit packs are final. Because credits are delivered digitally and are available immediately upon purchase, we do not offer refunds for credit pack purchases.

If you believe you were charged in error, please contact us at info@wymzy.ai and we will investigate and, if appropriate, issue a refund for the erroneous charge.

All payments are processed by Stripe. We never see, store, or have access to your full credit card number. Stripe's handling of your payment information is governed by Stripe's own terms and privacy policy.

5. User Content

You retain all rights to the images you upload to the Service. By uploading an image, you grant us a limited, non-exclusive license to process that image solely for the purpose of providing the requested tool functionality (background removal, compression, or resizing).

Images uploaded for processing are not stored after processing completes. We process images in memory and discard them once the result is delivered to you. We do not use your images for training, marketing, or any other purpose.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation.
• Upload images that contain illegal content, child sexual abuse material, or content that violates the rights of others.
• Attempt to reverse-engineer, decompile, or disassemble any part of the Service.
• Use automated bots, scrapers, or similar tools to access or interact with the Service in a manner that exceeds reasonable personal or business use.
• Interfere with or disrupt the integrity or performance of the Service or its underlying infrastructure.
• Circumvent or attempt to circumvent any usage limits, credit systems, or access controls.

We reserve the right to suspend or terminate access for any user who violates these terms.

7. Intellectual Property

The Service, including its design, code, features, logos, and branding, is the property of Wymzy Industries LLC and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works of the Service without our prior written consent.

The following are trademarks or trade names of Wymzy Industries LLC: Wymzy Industries, Persimmon, Foxfire, Mudpuppy, Bullfrog, Muscadine, and Yellowjacket. You may not use these marks without our express written permission.

8. Termination

You may stop using the Service at any time. You may delete your account by contacting us at info@wymzy.ai.

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Upon termination, any unused credits in your account are forfeited and no refund will be issued. Sections of these Terms that by their nature should survive termination will survive, including but not limited to Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE DO NOT GUARANTEE THE ACCURACY, QUALITY, OR COMPLETENESS OF ANY IMAGE PROCESSING RESULTS. USE OF THE SERVICE IS AT YOUR OWN RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WYMZY INDUSTRIES LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF THE SERVICE; OR (D) ANY OTHER MATTER RELATING TO THE SERVICE. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE SHALL NOT EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE TOTAL AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Wymzy Industries LLC and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of any third party.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arkansas, without regard to its conflict of law provisions. Any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Union County, Arkansas, and you consent to the personal jurisdiction of such courts.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Wymzy Industries LLC regarding your use of the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us regarding the subject matter hereof.

15. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Effective date" at the top of this page. We encourage you to review these Terms periodically. Your continued use of the Service after any changes constitutes your acceptance of the updated Terms.

16. Contact

If you have any questions about these Terms, please contact us:

Wymzy Industries LLC
El Dorado, Arkansas
info@wymzy.ai