Terms of Use
Please read these Terms of Use ("Terms") carefully before using our website and services. These Terms govern your access to and use of our image generation technology platform ("Platform"), which allows users to create digital artwork and visuals (“Artwork”). By accessing or using our Platform, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not use our Platform.
Acceptance of Terms
By accessing or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any additional terms and conditions and policies on our website.
Terms and Definitions
“API” refers to application programming interface provided by OpenAI (see detailed at https://openai.com/about);
"Company" refers to Obradea OU, a company incorporated in Estonia with its registered number 16762812 and registered address Harju maakond, Tallinn, Kesklinna linnaosa, Viru väljak 2-338, 10111;
"Platform" refers to our website ExpressiveEra.com and services that provide image generation technology;
"User" refers to any individual who accesses or uses our Platform;
"User-Generated Content" refers to any content, including artwork and visuals, created or uploaded by users on our Platform.
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.
Our Platform may not be available in certain countries due to legal restrictions. By using our Platform, you represent and warrant that you are not located in a country from the list below:
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.
The list provided above may be amended at any time.
Service Description
Our Platform provides users with image generation technology powered by API platform, 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.
Registration Flow
To access certain features and services on our Platform, you need to create a user account. During the registration process, you will be required to provide accurate and complete information about your full name, email address and phone number, as well as accept these terms of use alongside with Privacy policy and cookies policy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under 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.
User Account
Your user 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 or upload. You agree not to use our Platform for any unlawful or unauthorized purposes.
Account Inactivity
If you do not use your user account on our Platform for a period of six (6) consecutive months, we reserve the right to block or suspend your account. Prior to taking such action, we may attempt to notify you through the contact information associated with your account. You acknowledge and agree that we shall not be liable to you or any third party for any blocking or suspension of your account due to inactivity.
Payment Instruction
• Pricing: Some features and services on our Platform may be offered at a cost. The pricing for these features and services will be clearly displayed on our website. We reserve the right to modify the pricing at any time, but any changes will not affect prior purchases.
• Methods of Payment: We accept various methods of payment, such as credit cards and debit cards. The available payment methods will be displayed during the checkout process.
• Account Top-Up: You may have the option to top up your account with funds for easier and faster payment processing. The instructions for account top-up will be provided on our website.
• Taxes: You are responsible for any applicable taxes or duties imposed on your purchases. The total purchase amount displayed on our website may not include taxes or other additional charges.
• Third Party Providers: We may use third-party payment processors to handle payment transactions. Your use of such third-party services is subject to their terms and conditions.
Delivery Policy
Upon successful completion of your purchase of digital artwork, you will receive digital files associated with your order directly to your account within 1-3 business days. We make every effort to ensure the timely delivery of your digital artwork. However, there may be instances where delivery times are longer than anticipated due to factors beyond our control, including network congestion, technical issues, or other unforeseen circumstances. We appreciate your patience and understanding during such occurrences.
Cancellation Policy
You may cancel your order at any time before completing the payment. Once your payment has been processed and confirmed, the order cannot be canceled. To cancel an order, simply navigate to your shopping cart or checkout page and remove the items you no longer wish to purchase. No further action is required.
If you do not want to accept the order and want to request a refund after payment, please see our Refund Policy.
Refund Policy
We strive to provide a satisfying user experience.
You are eligible for a refund under the following conditions:
• You have purchased an artwork and can demonstrate that the file is corrupted or defective, preventing its proper use; or
• You have not downloaded or accessed the artwork; and
• You request a refund within 14 days of the purchase date.
We do not typically offer refunds for the following circumstances:
• You change your mind or are dissatisfied with an artwork. However, we may consider exchanges on a case-by-case basis.
• You have downloaded or accessed the artwork and it is not corrupted or defective.
• Refund requests made after 14 days from the purchase date.
• Account top-ups or deposits.
In order to claim a refund please contact us via the email provided in these terms and provide the following information:
• Your order number.
• The reason for the refund request.
• Any supporting documentation, such as screenshots or descriptions of the issue.
If your refund request is approved, we will issue the refund using the same payment method you used for the original purchase.
The refund will be processed promptly, but it may take several business days for the refund to appear in your account, depending on your payment provider.
User-Generated Content
• Ownership: You retain ownership of any User-Generated Content you create or upload on our Platform. However, by uploading or sharing User-Generated Content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of providing and improving our Platform.
• Responsibility: You are solely responsible for the User-Generated Content you create or upload on our Platform. You represent and warrant that you have all necessary rights, permissions, and consents to use and share such content. You agree not to upload or share any content that infringes upon the intellectual property rights or privacy rights of others, or that is illegal, obscene, defamatory, or otherwise objectionable.
• Monitoring and Removal: We have the right, but not the obligation, to monitor and moderate User-Generated Content on our Platform. We may remove or disable any User-Generated Content that violates these Terms or is deemed inappropriate, without prior notice.
Prohibited Actions
You agree not to engage in any of the following prohibited actions while using our Platform:
a) Violation of Laws: Use our Platform for any unlawful purpose or in violation of any applicable laws, regulations, or third-party rights.
b) 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.
c) 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.
d) Unauthorized Use: Use any automated system, software, or means to access, extract, scrape, or collect data from our Platform without our prior written consent.
e) Impersonation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
f) 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.
g) 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.
h) Intellectual Property Infringement: Infringe upon the intellectual property rights of others, including but not limited to copyright, trademark, or patent rights.
i) Harassment and Abuse: Harass, stalk, threaten, or abuse other users of our Platform, or engage in any behavior that is offensive, discriminatory, or harmful.
j) 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.
k) Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive the source code of our Platform or any related software.
l) Misrepresentation: Provide false, inaccurate, or misleading information in connection with your use of our Platform.
m) Circumvention: Circumvent, bypass, or manipulate any security measures, access controls, or restrictions on our Platform.
n) 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.
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.
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.
Effective Date: 29.09.2023
