Terms of Use
Please read these Terms of Use carefully before using our Website and Services. These Terms of Use govern your access to and use of our Platform, which allows you to generate digital artworks, visuals and other artistic works (“Artwork”).
By accessing, using our Website, Services or Content at our Website you agree to be bound by these Terms of Use, our Privacy Policy and any other additional terms, conditions, and policies that may be referenced here and/or available by hyperlink at the Website (collectively the “Terms”).
While we can accept your orders and form a legally binding contract with you, you must read these Terms to make sure that they contain all that you want and nothing that you are not happy with or do not accept. You represent and warrant that you have read, understood, and agree to be bound by Terms and, in jurisdictions where consent is required for the Company to process your personal data, you consent to the collection, use, and storage of your personal data as outlined in our Privacy Policy.
These Terms shall apply to all users of the Website, Services or Content, including without limitation users who are browsers, customers, suppliers of the company, representatives of other legal entities etc.
Legal Information
This Website is administrated by Obradea OÜ, company number 16762812, address: Harju maakond, Tallinn, Estonia, Kesklinna linnaosa, Viru väljak 2, 10111
General queries: info@expressiveera.com
Support/Claims: support@expressiveera.com
and Definitions
“API” refers to application programming interface provided by OpenAI (see detailed at https://openai.com/about);
“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 Website, Content and Services represented at the Website;
“Account” refers to the personal account created by a user on our Platform to access and utilize its features and resources;
“AI Image Generation Technology” refers to the advanced AI technology powered by API;
“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;
“User-Generated Content” refers to the Artworks and any other content created by users on our Platform;
“Intellectual Property” refers to any intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, or any other proprietary rights;
“Personal Data” refers to any information that relates to an identified or identifiable natural person, also known as a “data subject”.
“Privacy Policy” refers collectively to the Privacy Notice and Cookie Policy available on the website. These policies govern the procedures for processing Personal Data followed by the Company;
“Point (s)” refers to as internal virtual items which may be used by the user within the Platform for ordering services.
Personal Data
Before you continue our Website we encourage you to take your time to review our Privacy Policy concerning collection and/or processing data from users of the Website. We are not responsible for the content and privacy practices of other websites that may be linked from our Website.
User Eligibility
By using our Platform, you represent and warrant that you are of legal age in your country of residence to enter into these Terms. Our Platform is intended for use by individuals who are at least 18 years old. If you are under the age of 18, you must obtain the consent of a parent or legal guardian before using our Platform.
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 areas are specifically restricted: Afghanistan, Albania, Algeria, Angola, Belarus, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, China, Croatia, Cuba, Democratic Republic of the Congo, Democratic People's Republic of Korea (North Korea), Ethiopia, Gabon, Guatemala, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Kenya, Kosovo, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Moldova, Monaco, Montenegro, Mozambique, Myanmar (Burma), Namibia, Nicaragua, Niger, Nigeria, Northern Cyprus, North Macedonia, Philippines, Republic of Congo, Russia, Senegal, Serbia, Sierra Leone, Somalia, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Syria, Tanzania, Tunisia, Venezuela, Vietnam, Yemen, Zimbabwe as well as all disputed/occupied territories (e.g., Northern Cyprus, Crimea, Donetsk, Kherson, Luhansk and Zaporizhzhia territories etc.) and any other jurisdiction where such access would violate applicable laws or regulations concerning the Company. This list may be updated as necessary to comply with legal requirements.
By using our Platform, you represent and warrant that you meet the eligibility requirements.
Service Description
Our Platform provides users with AI Image Generation Technology, offering various features, tools, and resources to enhance the user experience. These features may include but are not limited to image filters, editing tools, templates, and artistic effects. We reserve the right to modify, update, or discontinue any part of the Platform at our sole discretion.
DISCLAIMER: OUR SERVICES ARE PROVIDED FOR PERSONAL NON-COMMERCIAL HOME USE ONLY. THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY RESULTS THAT MAY BE OBTAINED THROUGH THE USE OF OUR SERVICES. YOU AGREE THAT YOU ARE RESPONSIBLE FOR YOUR OWN DECISIONS, AND THAT COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY DECISIONS OR ACTIONS YOU TAKE OR AUTHORIZE THIRD-PARTIES TO TAKE ON YOUR BEHALF BASED ON CONTENT YOU RECEIVE AS A USER OF OUR SERVICES.
Registration Flow
To access certain features and services on our Platform, you need to create an Account. During the registration process, you will be required to provide accurate and complete information about yourself: full name, email address and phone number, as well as accept our Terms. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your Account.
You are solely responsible for all damages resulting from unauthorized access to your Account. You agree to notify us immediately of any unauthorized use or breach of security.
In certain cases, we may request additional documents or information from you after the registration process to verify your identity, eligibility, or compliance with applicable laws and regulations. By using our Platform, you agree to provide any requested documents or information promptly and accurately. Failure to comply with such requests may result in the suspension or termination of your account.
The Company reserves the right to decline user registrations based on valid and objective reasons. These reasons may include, but are not limited to, breaches of the Terms, implementation of fraud prevention measures, doubts regarding the user's identity, suspicion of spamming activities, uncertainty about the user's age, fraudulent behaviour, or attempts to register in markets where the Company's services are not available. Additional steps for registration, such as an identification process or spam prevention measures, may be required by the Company.
Account
Your Account on our Platform is personal and non-transferable. You are responsible for all activities that occur under your Account, including any User-Generated Content you create. You agree not to use our Platform for any unlawful or unauthorized purposes. You must immediately notify us if your registration information changes.
We reserve the right to suspend or terminate your access to the Services at any time, without any notice to you, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which would or might cause damage to or impair the Services or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations. Termination of your account also entails the termination of the license to use the Service, or any part thereof.
Account Top-up
To access certain features or services on our Platform, you may be required to top up your 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 can replenish their Points balance at conversion rate 1 (one) Euro equals 1 (one) Point, by purchasing ready-made packages or topping up any amount (if such option is available at the Platform).
You assume full responsibility for topping up the correct amount for your account. Any incorrect top ups made by mistake cannot be refunded or exchanged.
Third-Party Payment Processors
Use of payment instruments via the top up service and processing of transactions by the payment service provider are subject to the terms and conditions of that payment service provider. 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.
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.
The Company has absolute control over all Points and, to the fullest extent permitted by law, at any time has the right to change the value, modify, and/or eliminate any Point as it sees fit and without any liability.
Unless another defined herein, Points are nonrefundable. Company's obligation to you regarding purchased Points will be deemed performed upon transfer of the Points to your Account. Other than a limited, revocable, non-transferable license to use the Points on the Platform, you have no right in or title to such Points.
Pricing
The pricing for Account top-ups and other services on our Platform is clearly stated on the Website. The prices are subject to change at our discretion, and any changes will be communicated in advance (if feasibly possible).
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.
Payment Methods
We accept credit cards and debit VISA, Mastercard cards or other payment method which may be available on the Website. 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. You are not allowed to make payments using credit or debit cards that have been provided by a third party. If the provided payment method is declined or cannot be charged for any reason, we reserve the right to cancel the order.
Please be aware that using certain payment methods may incur additional fees and charges, such as foreign transaction fees, currency conversion fees, and other fees imposed by your card issuer. These fees are not controlled by our Website, and we are not responsible for any charges assessed by your card issuer.
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.
Refunds and Cancelations
Account top-ups converted into Points are non-refundable, unless stated otherwise in these Terms.
You qualify for a refund under the following conditions:
If you encounter technical issues with a purchased Service that prevent you from using or accessing it, please contact our customer support team via support@expressiveera.com. If we cannot resolve the issue within 5 Business Days, we will issue a refund of your Points used for purchasing specific package of Services at our Platform;
If you spot unauthorized charges on your Account related to purchases, reach out to our customer support team immediately. We will investigate, and if the charges are found to be unauthorized, we will issue a refund;
If there is a payment error, such as an overcharge or incorrect billing, contact our customer support team with evidence of the error, and we will promptly address the issue, which may include issuing a refund;
We may also issue a refund if we identify potentially fraudulent transactions or in other situations where a refund is necessary to protect our interests and ensure the integrity of our Website.
We do not typically offer refunds when refund requests made after 14 days from the purchase date.
If you are a consumer and resident of the EEA, United Kingdom or Switzerland, you have a mandatory cancellation right to cancel an order when purchasing Points within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the delivery of the Points.
To exercise the right of cancelation, you must inform us via support@expressiveera.com.
Subject to applicable laws or these Terms, the refund shall be made without undue delay and in any event not later than 14 days from the day on which we accept you claim for cancelation or you become eligible for cancelation in accordance with applicable law. To the extent permitted by law, we may extend the mentioned period for refund to up to 1 month depending on your payment provider. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly instructed us otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Prohibited Actions
You agree not to engage in any of the following prohibited actions while using our Platform:
Violation of Laws: Use our Platform for any unlawful purpose or in violation of any applicable laws, regulations, or third-party rights.
Unauthorized Access: Access or attempt to access areas of our Platform that are not intended for public access or exceed the scope of your authorized access.
Interference: Interfere with or disrupt the operation of our Platform or the servers and networks connected to it. This includes transmitting any harmful code, malware, viruses, or other destructive technologies.
Unauthorized Use: Use any automated system, software, or means to access, extract, scrape, or collect data from our Platform without our prior written consent.
Impersonation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Spam and Unsolicited Communications: Use our Platform to send unsolicited messages or spam, including but not limited to promotional or commercial content, without our express consent.
Misuse of User-Generated Content: Use or exploit User-Generated Content on our Platform for any purpose other than personal use or as expressly permitted by these Terms.
Intellectual Property Infringement: Infringe upon the intellectual property rights of others, including but not limited to copyright, trademark, or patent rights.
Harassment and Abuse: Harass, stalk, threaten, or abuse other users of our Platform, or engage in any behaviour that is offensive, discriminatory, or harmful.
Data Mining: Engage in data mining, data harvesting, data extraction, or any other similar activity in relation to our Platform, including the use of bots or other automated tools.
Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive the source code of our Platform or any related software.
Misrepresentation: Provide false, inaccurate, or misleading information in connection with your use of our Platform.
Circumvention: Circumvent, bypass, or manipulate any security measures, access controls, or restrictions on our Platform.
System Abuse: Engage in any activity that could negatively impact the performance or functionality of our Platform, including but not limited to excessive usage, denial of service attacks, or distribution of spam.
Intellectual Property Rights
The Platform and all content and materials contained therein, including but not limited to software, images, graphics, video, audio, text and logos, are the property of the Company, its affiliates or licensors and are protected by applicable intellectual property laws. You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Website without the prior written consent of the Company. The Company respects the intellectual property rights of others and expects its users to do the same. If you believe that any Website`s content somehow infringes you intellectual property rights, please contact us at claims@expressiveera.com with the following information:
• a description and grounds for the claim;
• a description of where the material that you claim is infringing is located on the Platform;
• your contact information, including your name, address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of intellectual property rights, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of intellectual property rights or authorized to act on the owner's behalf.
The Company undertakes to remove any content or materials on its Platform that infringe upon the intellectual property rights of others. All trademarks, service marks, trade names, logos, and other designations used on this Platform are the property of their respective owners. You may not use any of these marks or logos without the prior written consent of the owner.
The Platform (including, but not limited to, text, photographs, graphics, video, audio content, metadata, and computer code) are protected by copyright as collective works or compilation under the copyright laws of applicable law and other countries.
All individual articles, photographs, graphics, video, audio, and other content, or elements comprising the Platform are also copyrighted works. All copyrights on the Platform are owned by us or by our third-party licensors to the extent permitted under the applicable law and all international copyright laws. Unless expressly authorized by the Company in writing, you are prohibited from publishing, reproducing, distributing, publishing, entering into a database, displaying, performing, modifying, creating derivative works, transmitting, or in any way exploiting any part of the Platform (including, without limitation, in connection with the training, development, or use of a machine learning and/or artificial intelligence model or tool).
All trademarks, service marks, trade names, product names, and logos appearing on this website are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by this Platform, or vice versa.
Indemnification
You agree to defend, indemnify, and hold us and our officers, members, managers, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, demands, or expenses, including attorney’s fees and costs and expenses, arising out of or in any way connected with your use of the Platform, your breach or alleged breach of these Terms or your violation of any rights of any other person including other users of the Platform.
Disclaimers
The information, products, and services provided on this Platform are offered on an "as is" and "as available" basis. The Company makes no warranties or representations of any kind, whether express or implied, regarding the operation of THE Platform or the information, content, materials, products, or services provided TO YOU BY THE COMPANY.
Your use of PLATFORM is at your own risk. To the fullest extent permitted by law, the Company disclaims all warranties, both express and implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. The Company does not guarantee that PLATFORM, its servers, or any emails sent from the Website are free of viruses or other harmful components.
The Company will not be liable for any delays, interruptions, or failures in providing its Services due to factors beyond its reasonable control. The Company does not ensure the accuracy, completeness, or usefulness of any information on this Website and does not endorse any opinions, advice, or statements made.
Under no circumstances will the Company, its affiliates, or their respective officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from any errors, mistakes, or inaccuracies in content, personal injury or property damage resulting from your access to or use of the Platform, unauthorized access to or use of our secure servers and/or personal or financial information stored therein, any interruption or cessation of transmission to or from our Platform, or any bugs, viruses, or similar issues transmitted through the Platform by third parties. This also includes any errors or omissions in content or any loss or damage incurred from using content posted, emailed, transmitted, or otherwise made available via the Platform. This applies regardless of the legal theory (warranty, contract, tort, etc.) and whether or not the Company was advised of the possibility of such damages. The Company’s total liability for all claims arising out of or related to these terms will not exceed the total amount paid by you to the Company in the six months immediately preceding the claim.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Company, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any user for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Company has been advised as to the possibility of such damages or could have foreseen such damages.
The Company shall not be held liable to the user regarding the use of the Platform, its Content, software, services, hyperlinks, or materials contained in or accessed through the Platform. This includes, without limitation, any damages resulting from the user's reliance on any information obtained from the Company, as well as damages arising from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance. Such damages may occur irrespective of whether they result from acts of God, communication failures, theft, destruction, fraud, or unauthorized access to the Company's records, programs, platforms, or services.
Termination
We reserve the right to suspend, terminate, or restrict your access to our Platform at any time, without prior notice or liability, for any reason whatsoever, including but not limited to a violation of these Terms.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Estonia. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Estonia.
Out-of-court Dispute Resolution
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.
Changes to Terms
We may modify or update these Terms from time to time. Any changes will be effective upon posting the revised Terms on our website. Your continued use of our Platform after the effective date of the revised Terms constitutes your acceptance of the changes.
Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of our Platform and supersede any prior agreements or understandings.
If you have any questions or concerns about these Terms, please contact us at support@expressiveera.com.
Last Updated: 14 February 2025
