Before using our services, please carefully read and understand the following Terms and Conditions. By accessing or using our Platform (as defined below), you agree to be bound by these Terms and Conditions.
1. Acceptance of Terms:
By accessing or using our Platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions, as well as our Privacy Policy. If you do not agree to these terms, you may not use our platform.
2. Entire Agreement:
These Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you (referred to as "you" or the "user") and us (referred to as "we," "us," or the "Company") regarding your use of our platform and supersede any prior agreements or understandings.
3. Terms and Definitions
Business Days: Referees to a day (other than Saturday, Sunday or public holiday) when banks and governmental authorities in Estonia are open for business at the same day.
Platform: Refers to our online platform https://creartistive.com/ which leverages AI image generation technology, enabling users to create artwork and visuals.
User: Refers to any individual accessing or using our platform.
User Account: Refers to the personal account created by a user on our platform to access and utilize its features and resources.
Company: Artwocal OÜ, Registry code: 16744464, Address: Harju maakond, Tallinn, Kesklinna linnaosa, Rotermanni tn 6, 10111.
AI Image Generation Technology: Refers to the advanced technology used by our platform, utilizing artificial intelligence algorithms to generate artwork and visuals.
Content: Refers to any materials, including text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, and more, that are included or available on the platform. This content can be created by platform administrators, third-party contributors, or licensed content from other entities.
User-Generated Content: Refers to the content created by users on our platform, which may include artwork, visuals, and other materials.
Intellectual Property: Refers to any intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, or any other proprietary rights.
Privacy Policy: Refers to the document that outlines how we collect, use, and protect the personal information of our users, which can be found on our platform.
Point (s): Refers to as internal virtual items which may be used by the user within the Platform for ordering services.
4. Service Description:
Our online Platform provides users with access to AI image generation technology, allowing them to create artwork and visuals. The platform offers various features, tools, and resources to enhance the user experience. We reserve the right to modify, update, or discontinue any aspect of the platform at our sole discretion.
5. User Eligibility:
To use our platform, you must be at least 18 years old or have the consent of a parent or guardian.
Access to and use of our platform may be restricted or prohibited in certain jurisdictions or territories due to legal or regulatory requirements. The following territories are specifically restricted:
Afghanistan, Cuba, Iran, North Korea, Syria, Russian Federation, Belarus, Regions of Ukraine: Crimea, Donetsk and Luhansk, Myanmar (Burma), Central African Republic, China, Congo DR, Lebanon, Libya, Mali, Nicaragua, Somalia, Sudan, Venezuela, Yemen, and Zimbabwe.
By using our platform, you represent and warrant that you meet the eligibility requirements.
6. User Account:
To access certain features of our platform, you may need to create a user account. You are responsible for maintaining the confidentiality of your account information and are fully responsible for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or suspected breach of security.
The account creation process may involve providing certain personal information, such as your name, email address, username, and password. You must ensure that the information provided during registration is accurate, complete, and up to date. We can also request some documents from you. Here are some common types of documents that we may request:
Identification Documents: Websites may request copies of government-issued identification documents, such as a passport, driver's license, or national ID card. This helps verify the identity of the user and ensure compliance with age restrictions or legal requirements.
Proof of Address: Websites may require proof of address to verify the user's residency or to comply with regional regulations. This can be in the form of utility bills, bank statements, or official government correspondence that displays the user's name and address.
You agree that the information provided during the registration process is accurate and truthful. You further acknowledge that providing false, misleading, or fraudulent information may result in the termination of your account and the restriction of access to our platform.
We reserve the right, at our sole discretion, to terminate or suspend your account or restrict your access to our platform without prior notice if we have reasonable grounds to believe that you have violated any provision of these terms and conditions or engaged in unauthorized or fraudulent activities.
7. Payment and Delivery Policy
Account Top-up: To access certain features or services on our platform, you may be required to top up your user account with funds in exchange for Points, which should allow you to acquire and utilize additional resources, tools, or premium features available on the platform. Users are able to replenish their Points balance at conversion rate 1 (one) Euro equals 1 (one) Point, by purchasing ready-made packages or topping up any amount.
Points Policy: The Company hereby grants you a non-transferable, non-exclusive, revocable, limited license to use your Points solely within a platform in order to acquire our services in connection with your account through which you purchased Points. Your Points may only be redeemed toward the purchase of services within the platform. Points are not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash, bought in any other means other than via the platform, bought not in the manner stipulated herein. Company's obligation to you regarding purchased Points will be deemed performed upon transfer of the Points to your Account.
Pricing: The pricing for account top-ups and other services on our platform is clearly stated on the website or within the platform. The prices are subject to change at our discretion, and any changes will be communicated in advance.
Payment Methods: We accept credit cards and debit VISA and Mastercard cards. You are responsible for providing accurate and valid payment information. By providing payment details, you represent and warrant that you are authorized to use the chosen payment method.
Refunds: Account top-ups converted into Points are non-refundable, unless stated otherwise at our discretion.
Digital artwork may be refundable if you encounter technical issues that prevent you from accessing or using the purchased digital artwork or if you have not downloaded or accessed the digital artwork. If you believe you are eligible for a refund based on the above criteria, you must contact our customer support team at support@creartistive.com within 14 days of the purchase date. We will review your request and may require additional information or documentation to process the refund such as order details, screenshots, and explanations. The decision to grant a refund for a digital artwork purchase will be made at our sole discretion. Refunds for digital artwork purchases will generally be executed by returning the respective amount of Points to your account.
Taxes and Fees: The prices for account top-ups and services on our platform may be subject to applicable taxes, duties, or fees imposed by governmental authorities. You are solely responsible for any such taxes or fees associated with your use of the platform.
Third-Party Payment Processors: We may utilize third-party payment processors to facilitate account top-ups and handle payment transactions. The use of third-party payment processors is subject to their terms and conditions, and we are not responsible for any actions, errors, or omissions by such third parties.
Purchase and Delivery: When you top up your account, the converted Points will be added to your user balance immediately. You can start using these Points for eligible services and features on our platform without delay. Upon successful payment for services that require the creation of artwork or other deliverables, you will receive the result (artwork) directly to your account within 2 Business Days. The delivery timeframe may vary depending on the specific service or project requirements, and any deviations from this standard timeframe will be communicated to you in advance. We strive to ensure a timely and efficient delivery process to meet your expectations. If you encounter any issues or delays in receiving your artwork, please do not hesitate to contact our customer support team for assistance.
Cancellation: If you wish to cancel your order before making a payment, you can do so at any time without incurring any charges or fees. If you've already made a payment and need to cancel your order and request a refund, please refer to the Refunds section in this Terms and Conditions.
8. Intellectual Property Rights:
All intellectual property rights, including but not limited to copyrights, trademarks, and patents, related to the platform, its Services, design, source code, and any content contained within them (excluding user-generated content) are owned by or licensed to us. You may not reproduce, distribute, modify, or create derivative works from any part of the platform without our prior written consent. The Company owns or holds licenses to all intellectual property rights associated with this website, its Services, design, source code, and any content contained within them. This includes but is not limited to text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, and more.
9. User-Generated Content:
By using our platform, you may generate content, including artwork, visuals, and other materials. As a user of our platform, you retain all copyright rights and ownership over the content you generate using our AI image generation technology. Any artwork, visuals, or other materials created by you on our platform are considered your intellectual property.
You are solely responsible for ensuring that the content you generate on our platform does not infringe upon the intellectual property rights of others. By using our platform, you represent and warrant that you have the necessary rights, licenses, or permissions to use and share the content you create.
10. Prohibited Conduct:
When using our platform, you agree not to engage in any of the following activities:
a. Violating any applicable laws, regulations, or third-party rights.
b. Uploading or sharing content that is infringing, defamatory, obscene, or unlawful.
c. Attempting to gain unauthorized access to our platform or other user accounts.
d. Interfering with or disrupting the platform's functionality or security.
e. Engaging in any activity that may cause harm to our platform, users, or third parties.
11. Privacy:
We are committed to protecting your privacy and handling your personal information in accordance with our Privacy Policy. By using our platform, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
12. Disclaimer of Warranties:
Our platform is provided on an "as-is" and "as available" basis without any warranties or representations, either expressed or implied. We do not guarantee the accuracy, reliability, or completeness of the platform's content or its suitability for any particular purpose.
13. Limitation of Liability:
To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the use or inability to use our platform, including any loss of data, revenue, or profits.
14. Indemnification:
You agree to indemnify, defend, and hold us harmless from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or in connection with your use of our platform or violation of these Terms and Conditions.
15. Governing Law and Jurisdiction:
These Terms and Conditions shall be governed by and construed in accordance with the laws of Estonia. Any disputes arising out of or relating to these terms shall be subject to the exclusive jurisdiction of the courts located in Estonia.
16. Out-of-court Dispute Resolution
The Consumer Protection and Technical Regulatory Authority, with its registered office at Endla 10A, 10122 Tallinn, Internet address: https://ttja.ee/, is competent for out-of-court resolution of consumer disputes.
The online dispute resolution platform located at http://ec.europa.eu/consumers/odr can be used to resolve disputes between Company and the user arising from these Terms and Conditions.
17. Changes to the Terms and Conditions:
We reserve the right to modify or update these Terms and Conditions at any time without prior notice. The updated version of the Terms and Conditions will be posted on our platform, and your continued use of the platform constitutes your acceptance of the updated terms.
18. Severability:
If any provision of these Terms and Conditions is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
19. Entire Agreement:
These Terms and Conditions, along with our Privacy Policy, constitute the entire agreement between you and us regarding your use of our platform and supersede any prior agreements or understandings.
If you have any questions or concerns regarding these Terms and Conditions, please contact us at support@creartistive.com.
Last updated: 23.04.2024
