Last updated November 19, 2023
AGREEMENT TO OUR LEGAL TERMS
We are Qreates Limited, doing business as Qreates ("Company," "we," "us," "our"), a company registered in England at 128 City Road, London, EC1V 2NX.
We operate the website http://www.Qreates.com (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the
Qreates is a revolutionary digital studio platform designed for businesses seeking to create photorealistic product images effortlessly.
You can contact us by email at firstname.lastname@example.org or by mail to 128 City Road, London, London EC1V 2NX, England.
your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notifying you by as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS:
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property:
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks"). Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.
Your use of our Services:
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:
Access the Services; and
Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: email@example.com.
If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
Rights to User-Generated Content:
While you retain all rights to the images you create using our Services, by uploading or creating images on our platform, you grant Qreates a non-exclusive, royalty-free, worldwide license to use these images for marketing purposes and for the improvement of our Services, including AI model training. This license is irrevocable and does not affect your ownership rights.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Responsibility for Submissions: By sending us Submissions through any part of the Services you:
Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
Warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
Warrant and represent that your Submissions do not constitute confidential information.
Liability for Submissions: You are solely responsible for your Submissions and you expressly agree to indemnify and hold harmless Qreates against any and all losses, liabilities, claims, damages, or expenses that arise from your breach of this section, including but not limited to any claims for infringement of intellectual property rights, privacy rights, or any other rights of third parties or from any breach of applicable law.
Breach of Intellectual Property Rights:
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. In the event of such termination, you must cease all use of the Services and destroy any materials downloaded or otherwise obtained from the Services, as well as all copies of such materials, whether made under these terms or otherwise.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1)All registration information you submit will be true, accurate, current, and complete; (2) You will maintain the accuracy of such information and promptly update such registration information as necessary; (3) You have the legal capacity and you agree to comply with these Legal Terms; (4) You are not under the age of 13; (5) You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (7) You will not use the Services for any illegal or unauthorized purpose, and your use of the Services will not violate any applicable law or regulation; (8) You own the rights to, or have obtained the necessary permissions for, any product or label images you upload to the Services; (9) You acknowledge that certain products or textures may not be acceptable for use within the Services, in accordance with our product approval process; (10) You understand and agree to the credit system employed by Qreates, including the initial allocation of credits and the terms under which additional credits can be purchased or earned; (11) You agree that the images created using the Services are subject to approval and that Qreates reserves the right to use these images for marketing and AI model training purposes, while you retain ownership rights; (12) You will not upload content that contains sexual content, uses fake labels, breaches copyright rules, includes inappropriate material in labels, or represents products without proper authorization.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. In doing so, you agree to provide accurate and complete information for your account and to update this information to keep it accurate. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. You are also responsible for maintaining the security of your account and promptly notifying us of any unauthorized use.
5. PURCHASES AND PAYMENT
We accept the following forms of payment for your convenience:
When making purchases via the Services, you agree to provide current, complete, and accurate purchase and account information. This includes promptly updating your account and payment information, such as your email address, payment method, and payment card expiration date. These updates ensure that we can complete your transactions and contact you as needed.
Sales tax will be added to the price of purchases as deemed required by us. Prices for our services, including but not limited to credit packs and subscription fees, are subject to change at any time. All payments will be made in US dollars or British Pounds.
You agree to pay all charges at the prices then in effect for your purchases, including any applicable shipping fees if relevant. You authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order includes recurring charges, such as a subscription fee, you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you cancel the applicable order.
We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
You can cancel your subscription at any time by logging into your account and following the cancellation procedures specified therein. Your cancellation will take effect at the end of the current paid term. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.
Handling of Remaining Credits: Upon cancellation, any unused credits will remain available in your account until the end of your current billing cycle. Please note that refunds are not issued for partial use or the non-use of services during a subscription period.
Feedback and Assistance: If you are unsatisfied with our Services or have any questions regarding the cancellation process, please email us at firstname.lastname@example.org. Your feedback is valuable to us, and we strive to address your concerns promptly and effectively.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
8. USER GENERATED CONTRIBUTIONS
The Services may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
9. CONTRIBUTION LICENSE
By using the Services, you and Qreates agree that we may access, store, process, and use any information, including personal data, that you provide in accordance with your choices and settings within the Services.
Feedback and Suggestions: If you submit suggestions, ideas, comments, or other feedback regarding the Services, you agree that we are free to use, share, and implement such feedback for any purpose without any obligation or compensation to you. This can include improving our Services or developing new features and products.
Ownership and Responsibility of Contributions: While you retain full ownership of all your Contributions and any associated intellectual property rights, you grant Qreates a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Contributions (in whole or in part) and/or to incorporate them in other works in any form, media, or technology now known or later developed, for any purpose that is consistent with the Services provided by Qreates.
Although we do not claim ownership over your Contributions, we are granted the right to use your Contributions in connection with the operation of our business, including but not limited to the enhancement of our AI algorithms and the creation of promotional materials.
Your Responsibility: You are solely responsible for your Contributions to the Services. You must ensure that your Contributions do not violate any applicable laws, infringe upon any third-party rights, or contain any material that is harmful, misleading, or otherwise inappropriate. You agree to exonerate Qreates from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We are not liable for any statements, representations, or content provided by you in any area on the Services.
10. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us. We are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk. You should be aware that our Legal Terms no longer govern upon your departure from our Services. We encourage you to review the applicable terms and policies, including privacy and data gathering practices, of any website you navigate from the Services or relating to any applications you use or install from the Services.
Your interactions with Third-Party Websites, including any purchases made through them, are solely between you and the applicable third party. We are not responsible for any such interactions or transactions, nor do we endorse the products or services offered on Third-Party Websites. You agree to hold us harmless from any harm caused by your purchase of such products or services and from any losses sustained by you or harm caused to you, relating to or resulting in any way from any Third-Party Content or your contact with Third-Party Websites.
11. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to monitor the Services for violations of these Legal Terms, including reviewing user-uploaded content and AI-generated imagery to ensure compliance with our content standards and policies. We may take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, which could include reporting such user to law enforcement authorities. Additionally, we hold the discretion to refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof if they violate intellectual property rights, misrepresent products, or breach our terms. Part of our management includes the right to remove from the Services or disable all files and content that are excessive in size or burdensome to our systems, ensuring efficient operation, especially given the large file sizes of digital imagery. Our overarching goal is to manage the Services in a way that protects our rights and property while facilitating the proper functioning of the Services, which encompasses overseeing the integration and functionality of AI-generated backgrounds and ensuring a seamless user experience for all users.
Please note that the Services are hosted in the United Kingdom and the United States. If you access the Services from regions with laws governing personal data collection, use, or disclosure different from those in the United Kingdom and the United States, your continued use of the Services represents your consent to transfer and process your data in these countries.
We also clarify that while you retain full ownership of the images you create on our platform, you grant Qreates the right to use these images for specific purposes, such as marketing and AI model training, as detailed in our Terms and Conditions.
Moreover, in accordance with the U.S. Children's Online Privacy Protection Act (COPPA), we do not knowingly collect, use, or disclose information from children under the age of 13. Should we receive knowledge that a child under 13 has provided personal information without parental consent, we will take steps to remove such information from our Services promptly.
13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON. This includes, but is not limited to, breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation, particularly those related to intellectual property, data privacy, and accurate representation of products through our services.
WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. This may particularly apply if the content or use violates our policies on acceptable content, including the proper use of AI-generated imagery and the accurate representation of products.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress, especially in cases involving misuse of our Services, infringement of intellectual property rights, or other serious breaches of these Terms.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services, including but not limited to changes in our product offerings, AI-generated background templates, or image rendering tools. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. Due to the nature of our service, which relies heavily on software, hardware, and AI technology, we may experience technical difficulties, need to perform maintenance, or make improvements to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. This includes updates to our AI algorithms, user interface improvements, and other enhancements to enhance user experience and service functionality.
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
15. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of England and Wales. The use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. This governing law applies to all aspects of our Services, including but not limited to the use of AI-generated content, digital imaging services, and any other tools or features provided by Qreates.
If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence. This means that while Qreates Limited and you both agree to submit to the non-exclusive jurisdiction of the courts of London, you may also have the right to make a claim to defend your consumer protection rights in regard to these Legal Terms in England, or in the EU country in which you reside.
16. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. This includes Disputes arising from or related to the use of AI-generated content, digital imaging services, and any other aspect of the Services provided by Qreates. Such informal negotiations commence upon written notice from one Party to the other Party.
Any dispute arising from the relationships between the Parties to these Legal Terms shall be determined by one arbitrator, chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration. The seat of arbitration shall be London, England, with English as the language of the proceedings. The applicable rules of substantive law shall be the law of England.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Should any part of this provision be found illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable. Such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, particularly related to product descriptions, AI-generated background details, pricing, availability, and various other information associated with our digital imaging services. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. This includes making adjustments to ensure the accuracy of the product representations and the functionality of our AI tools, as well as updating pricing and availability as needed.
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES, INCLUDING ANY AI-GENERATED CONTENT OR DIGITAL PRODUCT IMAGERY, WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, OR THE RELIABILITY OF ANY AI-GENERATED BACKGROUND OR PRODUCT IMAGERY. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO YOUR USE OF AI-GENERATED CONTENT AND DIGITAL PRODUCT IMAGERY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000.00 USD.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) your use of the Services, including but not limited to your creation, submission, and use of AI-generated content and digital product imagery; (2) your breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights, particularly in relation to the content you create or share through the Services; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. This includes any product images you upload, content you create, and other related data involved in your use of our digital imaging services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. It is your responsibility to maintain copies of any data you deem important, and we encourage you to regularly back up your data to prevent any potential loss.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, completing online forms, uploading product images, and interacting with our AI-enhanced tools constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. This includes transactions and communications related to your use of our digital imaging and AI-generated content services.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services, including those related to the use of AI-generated content and digital product imagery, constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including but not limited to issues arising from the inherent complexities of digital content and AI technology.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
128 City Road
London, London EC1V 2NX