Terms of Service

Welcome to creativai.net! We provide a cloud-based platform (the "Platform") where you can create images using our generative AI technology.

By using our Services, you agree to these Terms. If you represent an entity (e.g., your employer), “you” refers to both you and the entity you represent. “We,” “us,” or “our” refers to creativai.net. For questions, contact us at: [email protected]. Key Disclosures

Before accepting these Terms, please review the following sections:

We may earn commissions or referral fees if you make purchases on third-party sites linked from our Platform.

These Terms do not limit your rights under Consumer Law.

1. Engagement and Term
1.1 Applicability
These Terms apply from the time you sign up for an Account and continue until your Account is terminated under these Terms. Your right to use our Services is granted only for this time.

1.2 Age Requirement
If you are under 18, you must have a parent’s or guardian’s consent to use the Platform.

1.3 Variations
We may amend these Terms by notifying you. By clicking “I accept” or continuing to use the Platform after 30 days from notification, you agree to the amended Terms. If you disagree, you may cancel your Account and Subscription:

• Access to Services will cease on the cancellation date.
• If you paid upfront, we will refund you on a pro-rata basis for the remaining Subscription Period.

2. Our Services
2.1 Services Provided
We offer:

• Access to our Platform.
• Support services (collectively, the "Services").

2.2 Support Services
Support can be requested through the Platform.

2.3 Access Requirements
If our Services require access to your systems or premises, you agree to provide safe access for our staff.

2.4 Additional Services
Additional services beyond those described here will require a separate agreement.

2.5 Third-Party Products
If you use third-party services in conjunction with our Services, we are not liable for them unless stated otherwise.

3. Account
3.1 Account Creation
An Account is required to access and use the Platform.

3.2 Teams Plan
A Teams Plan allows you to invite Authorized Users to the Platform under your Account.
You are responsible for their actions and compliance with these Terms.

3.3 Account Responsibilities You agree to:

• Keep your Account information up-to-date, accurate, and complete.
• Secure your usernames and passwords.
• Notify us immediately if you suspect unauthorized access to your Account.

3.4 Inactive Accounts
If your Account remains inactive for 12 months, we may permanently delete it, including any generated content. Notification will be sent to your registered email prior to deletion.

4. Subscriptions
4.1 Subscription Options
Upon creating an Account, you can select a Subscription from our Platform, where details on features, limits, Subscription Fees, and Subscription Periods are provided.

4.2 Billing
Subscription Fees are billed on a recurring basis during the Subscription Period as described on our Platform (Billing Cycle).

4.3 Subscription Changes
Upgrades or downgrades can be made anytime through your Account. Upgrades take effect immediately, with a pro-rata charge for the price difference. Downgrades take effect at the start of the next Billing Cycle.

4.4 Payment Methods
Subscription Fees are billed at the start of each Billing Cycle. Payment methods are detailed on our Platform. If using a third-party payment processor, you may need to accept their terms, provided on our Platform.

4.5 Fraudulent Payments
Attempting to pay Subscription Fees by fraudulent or illegal means is prohibited. If paying by debit or credit card, you must be the authorized cardholder. For direct debits, by agreeing to these Terms, you authorize our third-party payment processor to debit your account. You confirm that you are the account holder or authorized signatory.

4.6 Subscription Pausing
You may pause your Subscription for up to three months per Subscription Period by notifying us through your Account (as outlined in clause 15.8). During the pause, neither you nor your Authorized Users will have access to Services, and Subscription Fees will be adjusted on a pro-rata basis.

4.7 Cancellation
Subscriptions automatically renew at the end of each Subscription Period if Subscription Fees are paid. You may cancel at any time through your Account. Cancellations are effective at the end of the current Subscription Period, and fees remain payable until then.

4.8 Late Payments
If Subscription Fees are overdue, we may:

• Suspend your access to Services (including the Platform)

4.9 Taxes
You are responsible for any applicable taxes or levies related to your Service use, such as sales tax, value-added tax, or withholding tax, unless we are legally required to collect them on your behalf.

5. Platform License
5.1 License Grant
As long as you have an active Account, we grant you and your Authorized Users a non-transferable right to use our Platform, which may be suspended or revoked as outlined in these Terms. For Subscribers, this license is also subject to specific conditions detailed on the Platform or in your Account.

5.2 Restrictions
You and your Authorized Users must not:

(a) use our Platform in any illegal or improper way, infringe on others’ rights (e.g., intellectual property or privacy), or engage in activities that may result in civil or criminal liability;
(b) interfere with or disrupt our Platform or another user's experience;
(c) introduce viruses or malicious code into our Platform;
(d) use unauthorized or modified versions of the Platform, especially for creating similar software or unauthorized access;
(e) attempt to access data or accounts for which you’re unauthorized;
(f) use our Platform for service bureau activities, outsourcing, renting, sublicensing, concurrent use, or time-sharing;
(g) bypass any authentication or security measures on our Platform or third-party networks;
or
(h) use the Platform to transmit or publish harmful, offensive, unlawful, or inappropriate content, including but not limited to:

• (i) harassing, obscene, fraudulent, or unlawful material;
• (ii) unauthorized advertising, spam, or solicitation, or collecting user data without consent;
• (iii) impersonating others or misleadingly representing individuals;
• (iv) sexual abuse, violence, explicit pornography, or non-consensual acts;
• (v) child nudity, child pornography, or child exploitation;
• (vi) non-consensual depictions, sexual or otherwise;
• (vii) animal cruelty or harm;
• (viii) extreme violence or gore;
• (ix) content promoting or inciting hate, violence, or discrimination;
• (x) endangering or threatening safety or well-being;
• (xi) any other content deemed offensive or inappropriate by us.

6. Availability, Disruption, and Downtime
6.1 Service Availability
We strive for continuous Service availability but cannot guarantee 100% uptime. Services may be interrupted due to scheduled or emergency maintenance.

6.2 Third-Party Dependence
Our Services may rely on third-party services (e.g., cloud hosting). We are not responsible for disruptions or downtime caused by third parties, to the fullest extent permitted by law.

6.3 Disruption Notices
Where possible, we will notify you of any anticipated disruptions to Service access.

7. AI Content Disclaimer
7.1 Generated Content and Responsibility
Our Platform uses generative AI and large language models to create content (Generated Content). This content may contain misinformation, biases, or misleading elements. You are responsible for evaluating its accuracy, reliability, and legality before use.

7.2 "As-Is" Provision
Subject to Consumer Law Rights, Generated Content is provided “as is” without warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We disclaim liability for any errors or inaccuracies in Generated Content or any losses arising from its use.

8. Ownership of Inputs & Outputs
8.1 Inputs and Outputs
You may submit text, documents, or other inputs (Inputs) and receive outputs based on those Inputs (Outputs). Together, Inputs and Outputs are called Content.

8.2 Responsibility for Inputs
You are responsible for the Inputs you submit and warrant that you have all rights and permissions for us to use and process them. You retain ownership of your Inputs.

8.3 Ownership for Paid Subscribers
Paid Subscribers retain Intellectual Property Rights to Content created on the Platform. If any rights do not vest in you automatically, we assign those rights to you.

8.4 Content Privacy Options
Paid Subscribers may designate Content as public or private. Public Content is accessible to all users, while Private Content is only accessible to you and your Authorized Users, as specified by your Subscription plan.

8.5 License for Private Content
You grant us a non-exclusive, non-transferable, royalty-free right to use Private Content solely to fulfill obligations under these Terms. We will not use your Inputs for any other purpose without consent.

8.6 License for Public Content
For Public Content, you grant us a non-exclusive, perpetual, royalty-free, and transferable license to use, modify, and distribute it to provide, improve, and promote our Services, including AI training.

8.7 Ownership for Free Subscribers
Intellectual Property Rights in Outputs created by Free Subscribers vest in us. If rights do not vest automatically, you assign them to us.

8.8 Consent to Use Moral Rights
You consent to our use of any Moral Rights associated with these Terms and will ensure your personnel do the same.

9. Ownership of Services, Platform, and Data
9.1 Intellectual Property in Services
We retain all intellectual property rights in our Services and Platform, including copyrighted works, trademarks, and inventions. Nothing in these Terms transfers any intellectual property rights to you.

9.2 Platform Developments
We retain ownership of all Intellectual Property Rights in any Platform enhancements or developments. If rights do not vest automatically, you assign them to us.

9.3 License for Platform Materials
We grant you a non-exclusive, revocable, royalty-free right to use our materials solely for your use of our Services, for the duration of your Subscription.

9.4 Use of Feedback
We may use any feedback you provide for purposes including improving our Services, without obligation to provide any benefit to you.

9.5 Anonymized Data
We may use anonymized statistical data from your Service usage to improve Services, develop new offerings, and analyze trends. This data may be made publicly available, provided it cannot be used to identify you or your data.

10. Confidential Information and Personal Data
10.1 Exchange and Protection of Confidential Information
When using our Services, both parties may exchange confidential information. Each party agrees:

• Not to misuse or disclose the other party’s confidential information.
• To protect the confidentiality of exchanged information by restricting access to employees, contractors, or advisors who need it for legitimate purposes and are bound by confidentiality agreements.

10.2 Legal Disclosure of Confidential Information
Confidential information may be disclosed if required by law or requested by legal or regulatory authorities.

10.3 Handling of Personal Data
We will manage any personal data you provide according to our privacy policy and applicable privacy laws.

10.4 Rights and Consent for Shared Personal Data
You are responsible for ensuring that any personal information you disclose to us has the necessary rights and consent for disclosure.

10.5 Third-Party Disclosures
To support our operations, we may need to share personal information with third parties, such as related companies or service providers.

10.6 Legal Compliance Requests
We may occasionally require specific information from you to meet legal obligations, and you agree to provide this information promptly.

11. Consumer Law Rights
11.1 Legal Guarantees
You may have legal guarantees, rights, or remedies (Consumer Law Rights) that cannot be limited by these Terms. We respect your Consumer Law Rights.

11.2 Épitöüzem utca 3., 1211 Budapest, Hungary Consumer Law
For users in Épitöüzem utca 3., 1211 Budapest, Hungary, nothing in these Terms limits rights under the Épitöüzem utca 3., 1211 Budapest, Hungary Consumer Law. If our Services are generally not for personal or domestic use, our liability is limited to either re-supplying the Services or covering the cost of re-supplying them.

12. Liability
12.1 Limited Liability
We will not be liable for, and you release us from liability for, any losses related to:

• Your hardware, software, or telecommunications services.
• Unauthorized use of our Services by others.

12.2 Extent of Liability
To the maximum extent allowed by law:

• Neither party is liable for any consequential loss.
• Liability is proportionally reduced by the other party’s actions or inactions, including a failure to mitigate loss.
• If our Services are not generally used for personal or domestic purposes, our liability for breaches of Consumer Law Rights is limited to re-supplying the Services or covering their cost.
• Our total liability for any claims is capped at the Subscription Fees you paid or, if none, AU$1,000.

13. Notice Regarding Apple (iOS App Users)
If you access our Platform via an iOS app, this clause applies:

13.1 Responsibility

• These Terms are between you and us, not Apple Inc. Apple has no obligation to provide support or handle warranty claims beyond refunding the purchase price upon request.

13.2 Additional Apple Terms

• You must follow any third-party terms when using our app.
• Apple and its subsidiaries are third-party beneficiaries of these Terms, able to enforce them upon your acceptance.
• You confirm that you are not located in a country under a U.S. Government embargo or on a U.S. list of prohibited parties.

14. Suspension and Termination
14.1 Suspension of Access
We may suspend access if:

• There’s suspected unauthorized access or misuse, such as login sharing.
• Offensive content is transmitted, or any laws are violated.
• Clause 5.2 is breached.

14.2 Termination of Access
If the issue remains unresolved after 14 days, we may terminate your Account and access to Services.

14.3 Termination by Us
We may terminate these Terms if:

• Subscription Fees remain unpaid.
• Breaches are not remedied within 14 days of notice or cannot be remedied.
• Insolvency events occur.

14.4 Termination by You
You may terminate these Terms if:

• We breach them and do not remedy the breach within 14 days.
• The breach cannot be remedied, entitling you to a pro-rata refund of unused Subscription Fees.

14.5 Optional Termination
You may terminate your subscription at any time, effective at the end of the current Subscription Period.

14.6 Rights After Termination
Termination does not affect any rights or liabilities accrued by either party.

15. General Terms
15.1 Assignment
You may not assign these Terms without our written consent. We may transfer these Terms, including any debt owed, to a third party.

15.2 Dispute Resolution
Before filing court proceedings, both parties must first attempt resolution. If unresolved:

• For users in Épitöüzem utca 3., 1211 Budapest, Hungary: mediation is administered by the Épitöüzem utca 3., 1211 Budapest, HungaryDisputes Centre.
• For international users: arbitration is administered by the Épitöüzem utca 3., 1211 Budapest, HungaryCentre for International Commercial Arbitration.

15.3 Events Outside Our Control
We are not liable for delays or failures due to events beyond our control.

15.4 Governing Law
These Terms are governed by the laws of Épitöüzem utca 3., 1211 Budapest, Hungary, with disputes resolved in Épitöüzem utca 3., 1211 Budapest, Hungary courts.

15.5 Marketing Consent
By accepting these Terms, you consent to electronic communications from us, with an option to unsubscribe at any time.

15.6 Notices
Notices to us must be sent via the provided email. Notices to you will go to the email associated with your Account.

15.7 Legal Relationship
These Terms do not create any partnership, joint venture, employment, or agency relationship.

15.8 Notices
Notices sent to us must be via the email provided in these Terms. Any notice from us to you will be sent to the email address associated with your Account.

15.9 Survival of Terms
Provisions in Clauses 7 through 14 will continue to apply even after termination of these Terms.

15.10 Third-Party Websites
Our Platform may contain links to third-party websites. We do not control or endorse these sites and recommend assessing their suitability before use. If you purchase goods or services from third-party sites, that transaction is solely between you and the third party. In some cases, we may receive a commission or referral fee for purchases through these links, and we will inform you when this applies.

16. Definitions
For clarity, terms used in these Terms are defined as follows:

• Account: An account created by an individual or entity for accessing our Services, which permits access for Authorized Users.
• Authorized User: A person invited to use the Platform through your Account.
• Consequential Loss: Special or indirect loss, such as lost profits, revenue, business opportunities, savings, reputation, or data. This term does not include your obligation to pay for our Services.
• Intellectual Property Rights: All rights worldwide associated with copyright, designs, patents, trademarks, domain names, trade secrets, and other similar legal protections.
• Liability: Any form of expense, cost, claim, damage, demand, or judgment arising from these Terms.
• Moral Rights: Defined in the Copyright Act 1968 (Cth) and includes similar rights globally.
• Our Materials: Intellectual Property that we either own or license, including any improvements or modifications.
• Personal Information: Any identifiable information or opinion about an individual, regardless of its truthfulness or whether it is recorded.