Terms of Use - CreatixAI

Effective date: May 6, 2023

Welcome to CreatixAi Terms of Use (and or Service).

Below are listed important legal terms that apply to anyone who visits this website or uses services and products offered by CreatixAi. These terms are necessary to protect both you and us.

This Agreement sets out the terms and conditions of your use of the CreatixAi (“Company,” “Creatix Ai,” “Owner,” “Website”) services.

Located at creatixai.com (“the Website,” “Site,” or “Website”) and the purchase of material(s) from the Website.

Last Updated 6th of May 2023

Agreement

The use of the Website constitutes your acceptance, without modification, to the terms of use, conditions, and disclaimers contained in this Agreement. If you do not accept these Terms of Service rules, you should not use any of the materials or information contained herein, and you should leave the Website immediately. This electronic document is considered to be a legally binding and enforceable contract between you and the company. By using, visiting, or shopping at the Website, you acknowledge that you are aware of and completely accept all of the terms and conditions of these Terms.

Definitions

Data Controller (Or Owner)

The natural person, legal person, public administration, or any other body, association, or organization with the right, also jointly with another Data Controller, to make decisions regarding the purposes and the methods of processing Personal Data and the means used, including the security measures concerning the operation and use of this Website. The Data Controller, unless otherwise specified, is the Owner of this Website.

Personal Data (Or Data)

Any information regarding a natural person, a legal person, an institution, or an association, which is, or can be, identified, even indirectly, by reference to any other information, including a personal identification number.

Data Processor (Or Data Supervisor)

The natural person, legal person, public administration, or any other body, association, or organization authorized by the Data Controller to process the Personal Data in compliance with this privacy policy and terms of use.

User(S)

The natural person, legal person, public administration, or any other body, association, or organization using the Website.

Material, Product, Content

Material(s), Product(s), and Content(s) are used in synonyms and/or in the same context on this Site. Materials refer to everything available on Company’s Website.

Communications

When you send an e-mail or otherwise communicate with the company, you are communicating with the Company electronically. Therefore, you consent to receive communications from the Company electronically in return. The Company will communicate with you by e-mail, messaging, or by posting content in various forms to this site. You agree that all agreements, notices, disclosures, and other communications that The Company provides to you electronically satisfy any legal requirement that such communications be in writing.

If you submit comments or other content to the Website, you grant the Company all rights to share such information or other content throughout the world in any media. You grant the company the right to use the name that you submit in connection with such information or other content if needed. You represent and warrant that you own or otherwise control all of the rights to the information or other content that you send or post; that the information or other content is accurate; that use of the information or other content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Company for all claims resulting from information or other content you supply. The Company has the right but not the obligation to monitor and edit or remove any information or other content. The Company takes no responsibility and assumes no liability for any information or other content posted by you or any third party.

Use Of Material(S)

Materials (products or services) purchased, downloaded, or otherwise extracted through the company’s website or stores that are directly linked to the company, e.g., external marketplaces or directly from the site’s data controller, are intended for personal, non-commercial use only. You may not remove any copyright or other proprietary notations from the material or transfer the materials to another person, or “mirror” the materials on any other server. Copyright in the Company products belongs to the Company unless specifically stated otherwise. You may not provide any product(s) or parts of it for re-sale or re-publish, or re-distribute for free to use by others (social media platform sharing is an exception (it does not cover products)). If you purchase access to the company products through a subscription or otherwise, we reserve the right to suspend your subscription if we have reasonable grounds to suspect that you are in breach of any of these Terms of Use. The Company recommends that you check the Website regularly to ensure that your use of the product(s) or service (s) complies with these Terms of Use.

Liability

In no event shall the Company be liable for any indirect, incidental, special, or consequential damages, including, but not limited to, loss of business or profits or any other financial loss arising out of or in any way connected with the use of the Website or the product(s), under any law or on any basis whatsoever whether contractual or otherwise.

The Company may be required to interrupt access to the site at any moment, particularly for technical reasons.

You, as a User, agree that the information or product you acquire or use from the Website is suitable for use by you.

The company’s liability to you is limited. To the maximum extent permitted by law, in no event shall Company be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by company. This limitation shall apply regardless of whether the damages arise from the breach of contract, tort, or any other legal theory or form of action.

Intellectual Property

This site’s content is the property of the Company. All rights reserved. You may not use the content found on this site for commercial use or display it as your own. You may not claim the content (expressed before) to be yours or produced by you.

Any use of information, data, and elements of the Site, in any respect whatsoever, by the Site User, in a way that does not comply with the Terms of Use is strictly prohibited.

Any reproduction and/or representation, total or partial, in any format, of distinctive signs and/or content presented on the Site is strictly prohibited, notably constituting any infringement and may involve the civil and criminal liability of the perpetrator. Social media platform sharing is an exception.

All protected content, as well as all data and information present on, or accessible through, the Site and offered through the Service, may, under no circumstances, be appropriated for purposes other than those indicated in terms of Use of the Site.

Hyperlinks

The Company may not be held liable for sites or pages that have a hyperlink from or to the Site.

Collected Data

Cookie, Usage data, and information provided by the User.

Code Of Conduct

All Users of this Website hereby agree NOT to use the Website in any harmful way to others.

Use Of Cookies

The Website uses cookies. Cookies are small text files that are created by a web server and stored on your computer when you visit a website. The Website uses cookies for the following purposes:

to store the contents of a visitor’s shopping basket
to identify what site referred the visitor to the Website
to collect analytics data.

By accepting these Terms of Use, you are giving consent to the Company to place cookies on your computer. Please read the information contained in the Privacy Policy prior to acceptance.

If you wish to opt out of our placing cookies on your computer, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies that have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.

Data Register

The Company does not store user data.

Maintaining Register

The Company

Contact Person Regarding The Register

hello@creatixai.com

Name Of The Register

The Company

Purpose Of Using Customer-Related Information And Register

Maintaining customer relationships, marketing, notifying users and improving the use of service, and improving the content included in the products. Information residing in the register can be used to maintain customer relationships, market new products or services, and notify users about new features, services, products, and others related to the Website. Information collected from the user is defined in the Collected Data paragraph in terms of Use. The user has the right to acquire the information restored of the User. This request should be sent in writing to hello@creatixai.com. The Data Controller will handle the request. The user has the right to prohibit the use of Users’ information for marketing and notifications. This request can be made through email to hello@creatixai.com.

Data Content Of The Register

Data that can be used in the register.

Basic Information

First and last name, address, email address, phone number, date of birth, gender, nationality

Release Of Information From The Register

The information may be disclosed within limits permitted and mandated by the law in force. The information is not released outside the EU or outside European Economic Area.

Security Of The Register

Information is stored in electronic form only. Only Data Controller has access to the Data Register.

Warranty

Company hereby disclaims all warranties. The company is making the site, products, and services available “as is” without a warranty of any kind. You assume the risk of any and all damage or loss from the use of or inability to use the site or the service. To the maximum extent permitted by law, the company expressly disclaims any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The company does not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.

Refund Policy

The company products have a 30-day full money-back guarantee. This means that if you are not happy with the purchase, send an email with the subject line REFUND REQUEST to this email address: hello@creatixai.com., and the matter will be dealt with as soon as possible, usually in a few business days. Non-fungible tokens (NFTs) are excluded from the refund policy.

Chargebacks

Chargebacks are just plain awful, so please do contact the Company (via email at hello@creatixai.com.), and we will happily give you a refund on your purchase. The Company does reserve the right to dispute chargebacks if the charge is not fraudulent and no communication from the customer (meaning you) is evident.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Website will be non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display and distribute any such material for any purpose.

Without limiting the foregoing, you agree and understand that other individual members of the membership program(s) available on the Website may see the information that you post on any applicable Website membership area. For this reason, you agree that you shall not post any information on the Website that you do not want others to see. You agree that anything you post in the applicable membership area of the Website is at your own risk, and you further agree to hold the Company harmless from any and all damage that could occur to you from any information that you post. For additional details, please see our Privacy Policy.

You represent and warrant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our licensees, successors, and assigns; and (b) all of your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations.

Without limiting the foregoing, User Contributions must not: (a) contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable; (b) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (c) infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person; (d) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy; (e) be likely to deceive any person; (f) promote any illegal activity, or advocate, promote or assist any unlawful act; (g) cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person; (h) impersonate any person, or misrepresent your identity or affiliation with any person or organization’ (i) involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; (j) contain any occult, hateful, or racist material; or (k) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case. To the extent it is questionable whether User Contributions violate the Content Standards, the Company reserves the right to make the final decision regarding whether a violation has occurred and reserves the right to terminate any user’s access to the Website without prior notice for a violation of this provision.

Further requirements regarding the conduct that is expected of all users of the Website may also be found via posts from the Company on the Website, and you agree to comply with such requirements.

Terms Of Sale

All purchases made on the Website are subject to this Section (the “Terms of Sale”). By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.

By placing an order for products or services from this Website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these Terms of Sale. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these Terms of Sale.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE, OR (ii) THE LEGAL AGE TO FORM A BINDING CONTRACT WITH US, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, PRODUCTS, OR SERVICES BY APPLICABLE LAW.

In the event of any inconsistency between these Terms of Sale and our Website Terms of Use, Earnings Disclaimer, and/or Privacy Policy, the provisions of these Terms of Sale will control.

Prices And Payment Terms

All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and may be set out in your order confirmation email. Subject to our right to increase the cost of subscription-based services (as noted in the Section entitled “Sale of Subscription Services” below), price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges (if applicable) will be added to your purchase total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information. However, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a promotion and these Terms of Sale, the promotion terms will govern.

Terms of payment are within our sole discretion, and payment must be received by us in the manner specified on the Website before our acceptance of an order. If using a credit card, you represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such a credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if applicable, regardless of the amount quoted on the Website at the time of your order.

Sale Of Subscription/Membership Services

The Website may, from time to time, offer optional subscription services (or subscription membership programs) for specified users (“Subscription Services”). By selecting a Subscription Service, you agree to pay us the subscription or usage fees indicated for that service on the Website. Payments for subscription services will be charged on the day your Subscription Service goes into effect and will cover the use of that service for the period indicated. Thereafter, you agree that monthly payments (or other periodic payments as specified on the Website at the time of purchase) will continue to be charged to your credit card regularly until you cancel your Subscription Service. The amount of the recurring charge will be the then-current subscription fee applicable to the Subscription Service you selected. You acknowledge that the amount of the recurring charge may increase if the applicable subscription fee increases. You can cancel your subscription at any point in time from your own account. Subscription Service fees are not prorated or refundable unless expressly stated otherwise on the Website.

If your payment method fails or your account is past due, we reserve the right to either suspend or terminate your Subscription Services. Any such suspension or termination will result in the cancellation of any promotional programs applicable to your Subscription Services.

Warranty And Disclaimers Relating To Purchases

OUR COMPANY MAKES NO GUARANTEE THAT IT WILL ACCOMPLISH ANY PARTICULAR RESULT FOR YOU OR YOUR BUSINESS, AND THE COMPANY WILL NOT GUARANTEE THE DELIVERY OR PERFORMANCE OF ANY DELIVERABLES OR SERVICES EXCEPT AS IS EXPRESSLY AGREED UPON IN WRITING. ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

WITHOUT LIMITING THE FOREGOING, YOU MAY, FROM TIME TO TIME, VIEW INSTRUCTIONAL MATERIALS AND VIDEOS THROUGH THE WEBSITE. YOU UNDERSTAND THAT EVERY PERSON’S SITUATION IS DIFFERENT AND THAT THE COMPANY AND ITS REPRESENTATIVES ARE NOT ABLE TO DETERMINE WHETHER ITS INSTRUCTIONAL MATERIALS ARE APPROPRIATE FOR YOU. NEITHER THE COMPANY NOR ANY PRESENTER OF SUCH INSTRUCTIONAL MATERIALS OR INFORMATION MAKES ANY CLAIM, GUARANTEE, OR WARRANTY THAT THEIR INFORMATION OR PROGRAMS ARE EFFECTIVE OR APPROPRIATE IN ANY CERTAIN SITUATION. THE WEBSITE VIDEOS AND MATERIALS ARE PROVIDED FOR LEARNING PURPOSES, BUT ANY PERSON ATTEMPTING TO UTILIZE SUCH INFORMATION AND PROGRAMS MUST RELY UPON HIS/HER OWN JUDGMENT IN DETERMINING WHETHER, HOW, AND IN WHAT SITUATIONS TO UTILIZE THE INFORMATION AND PROGRAMS ON THE WEBSITE. BECAUSE EVERY PERSON IS UNIQUE, YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST THE COMPANY (AND THE PRESENTER OF ANY INFORMATION ON THE WEBSITE) THAT RELATE IN ANY WAY TO THE INSTRUCTIONAL MATERIALS, VIDEOS, AND OTHER PROGRAMS AND INFORMATION PRESENTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR NEGLIGENCE, GROSS NEGLIGENCE, FRAUD, OR MISREPRESENTATION.

YOU FURTHER AGREE TO THE TERMS OF OUR EARNINGS DISCLAIMER WITH RESPECT TO YOUR PURCHASES ON THE WEBSITE.

We do not manufacture or control any third-party products or third-party services offered on our Website. Accordingly, we do not provide any warranties with respect to the third-party products or services offered on our Website.

Limitation Of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE OR THE SALE OF PRODUCTS AND SERVICES TO YOU, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER RELATED TO OUR PRODUCTS AND/OR SERVICES, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.

Affiliate Disclosure

The Company is working with various affiliate programs and giving its users an honest opinion about the products used or owned currently. Readers and users of this website, just like yourself, do not get charged anything for clicking affiliate links. If you decide to buy an affiliate product of something the company recommends, the company earns a small commission on each sale.

The company will not write positive reviews in exchange for money, nor will we accept money to say good things about the products we use. The company only recommends products that we have personally used and liked.

The company focuses on promoting only the best of the best products out there with utmost honesty.

The Company gets commissions for purchases made through an affiliate link.

The company has no control over and liability for third-party websites or materials. The company works with several partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites. The company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time, in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that third parties own. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content and that unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.

Amazon Affiliate Links

The Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

Amazon offers a small commission on products sold through their affiliate links.

If a blogger links to an Amazon product (with a special code for affiliates embedded in the link), and a reader places an item in their “shopping cart” through that link within 24 hours of clicking the link, the blogger gets a small percentage of the sale.

Amazon links are not “pay per click.” If you click on the product link and stay around Amazon and purchase something else, however, the Company will get a commission on that sale.

As an Amazon Associate, the Company earns from qualifying purchases.

Images And Credits

All images, photographs, and or screenshots are copyrighted for their respective owners unless stated otherwise. The company includes caption(s) and or link(s) with full credits back to the owner of the image.

Images and visuals published on this website are either owned by the company or are licensed to us by permission from the creator of the image or drawing. Fair use is taken into account with every image published.

The company’s goal is to promote artistry, creativity, and artists’ work with utmost sincerity. The company always contacts image creators first to ask permission to use their image or a drawing on this website before publishing any of their work.

If there is any problem with unwanted copyrighted material being republished here, please contact us, and we will remove it immediately.

But then again, if you have copyrighted artworks of your own that you would want to be published on this website with full credits toward yourself, please don’t hesitate to contact us.

Regarding AI art. Pure AI art does not have Copyright protection, so it can be used freely. You can read more about copyright law on this website. U.S. Copyright Office ruled on 16th of March, 2023, that:

“copyright can protect only material that is the product of human creativity”

“If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and the Office will not register it.”

“When an AI technology determines the expressive elements of its output, the generated material is not the product of human authorship. As a result, that material is not protected by copyright and must be disclaimed in a registration application.”

An interesting aspect arises when AI art generators have memberships, plans, etc., that allow the commercial use of the images the service produces when in fact, no one owns the images, not even the service that created the images.