Creatify Terms of Service

FAQ

The terms and conditions set forth below (the "terms") govern your use of the website located at creatify.ai (the "site") and any services available on the site (collectively, the "services"). These terms are a legal contract between you and creatify and govern your access to, and use of, the services and the site. If you do not agree with any of these terms, do not access or otherwise use this site, the services or any information contained on this site. Your use of this site and/or the services will be deemed to be your agreement to abide by each of the terms set forth below. We may make changes to the content and the services offered at any time by posting updated terms of use on the site(s) and by sending registered users an email notice of the changes. We may also impose limits on certain features and services or restrict your access to parts or all of the services without notice or liability. If any modification is unacceptable to you, you will cease using the site or services. If you do not cease using the site or services, you will be deemed to have accepted the change.Creatify may, in its sole discretion, refuse to offer the services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the services is revoked in such jurisdictions. Use of the services is also subject to creatify’s privacy policy, which may be found at https://creatify.ai/privacy ("privacy policy") and which is incorporated into these terms by this reference. The services are available to natural persons, only, including natural persons acting as authorized representatives of legal entities.You represent, acknowledge and agree that you are of legal age to enter into the terms, or, if you are not, that you have obtained parental or guardian consent to enter into and agree to these terms. If your acceptance of these terms is on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these terms. In that event, "you" and "your" will refer and apply to that entity as well as to yourself. If you do not agree to these terms of use, you may not use the site or the other services.

Creatify utilizes artificial intelligence systems to produce certain digital content that is generated by users through the Services (such content, (“ Assets ”).  In order to use the Services, you must register through the Site.  There are multiple tiers of membership, one does not require any payment (“ Free Tier ”) and the others are a paid subscription.  Users of the Free Tier have limited rights.  Users of paid subscription tiers have rights associated with the subscription tier chosen by the user.  When you register on the Site, you are asked to create your own profile. Your profile includes, but is not limited to, personal information such as your user name, your email and general information you wish to disclose about yourself. Upon successful registration, you become a member of the Website (a “ Member ”), and for as long as you remain a Member, you agree to comply with the then applicable Terms. All Services are licensed and not sold. Each user must have a unique account, and you are responsible for any activity conducted on your account.  Except as applicable to a business or enterprise, you must not make available to other people your account username or password or otherwise share with other people access to your account. A breach or violation of any of these Terms may result in an immediate termination of your right to use the Services and Creatify reserves the right to ban you and any IP address or other identifier associated with you or your account.

We process and store information in the United States and other countries. By using our Services you authorize Creatify to transfer your personal information across national borders and to other countries where Creatify and its partners operate.

The Site may contain hyperlinks to web sites that are not controlled by Creatify. You acknowledge and agree that Creatify is not responsible for and does not endorse or accept any responsibility over the content or use of these web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these web sites. You further understand that such third party sites and third party services are governed by separate agreements accompanying such portions of the Services and You agree to be bound by the terms and conditions of such agreements. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that Creatify will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities through the Services.

Creatify offers both free and paid Services. You can learn more about Creatify’s paid subscription options on the Site or by contacting [email protected] . Paid subscriptions are available on a monthly or yearly basis, payable in U.S. dollars, and will automatically renew according to the selected billing cycle. You may stop using the Services and cancel your subscription at any time through the website or by emailing [email protected] . Payments are non-refundable, except where required by law. This means that if you cancel your subscription—or if Creatify terminates your right to use the Services due to a breach of these Terms—you will not receive a refund or credit for amounts already billed or paid. Creatify may change its pricing at any time; for subscribers, price changes will take effect at the next renewal or thirty (30) days after notice to you, whichever is later.

Unless otherwise stated, your subscription fees (“ Fees ”) do not include federal, state, local, or any foreign taxes, duties, and other similar assessments (“ Taxes ”). You are responsible for all Taxes associated with your purchase of a subscription and Creatify may invoice you for such Taxes. You agree to timely pay such Taxes and provide Creatify with documentation showing the payment or additional evidence that Creatify may reasonably require. If any amount of your Fees is past due, Creatify may suspend your access to the Services after Creatify provides you with written notice of late payment. You may not create more than one account to benefit from the Free Tier of Creatify’s Services. If Creatify believes you are not using the Free Tier in good faith, Creatify may charge you standard fees or terminate your access to the Services.

All use of the Services, regardless of the subscription tier, or Free Tier, must be in compliance with Creatify’s Moderation Policy at https://creatify.ai/moderation-policy and any failure to comply with the Moderation Policy will be deemed a breach of the licenses granted under these Terms.  Creatify reserves its rights to pursue any legal remedy for breach of the license grants.

Subject to your compliance with these Terms, and any applicable laws or other limitations, Creatify grants you a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Services for business or personal use subject to the limitations and restrictions of the subscription tier associated with your account.  You own all your original content in the Assets you create with the Services and Creatify hereby assigns to you all copyright rights it may have in your original content of the Assets subject to the following restrictions:

(i) Assets may not be used to train artificial intelligence models, systems or networks or similar technology; and

(ii) all uses of the Assets by you remain subject to any limitations on use in the Creatify Moderation Policy. Any breach of these restrictions shall result in the immediate termination of this Agreement, and all rights granted to you shall revert to Creatify. You must immediately cease all use of the Assets and, upon request, return or destroy any copies of the Assets in your possession. The obligations set forth in this restrictive covenant shall survive the termination or expiration of these Terms.

Creatify may choose to make available certain Assets owned or licensed by Creatify as part of the Services (“ Community Assets ”). Subject to your compliance with these Terms, the conditions herein, and any applicable laws or other limitations, Creatify grants you a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, license to use Community Assets for your personal or commercial use.  Creatify may use Community Assets, including any modifications made to Community Assets to train Creatify models or systems.

Creatify reserves all rights not expressly granted under these Terms.

By using the Services, you grant to Creatify and its successors and assigns a perpetual, worldwide, non-exclusive, sublicensable, fully paid, royalty-free, irrevocable license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare derivative works of, publicly display, publicly perform, sublicense, or distribute, or any combination of the foregoing, text prompts and images you input into the Services or Assets produced by the Services at your direction, or both, solely as necessary for Creatify

(i) to provide, maintain, promote, and improve the Services, or

(ii) to comply with applicable law and enforce Creatify policies. You agree that this license is provided in return for your license to use the Services and not for any compensation paid to you by Creatify for your submission of text prompts or images or creation of Assets at your direction, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein. The licenses to Creatify will survive termination or expiration of these Terms by any party, for any reason.

As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets, or Creatify models or derivatives of Creatify models) that:

(i) would constitute a violation of any applicable law, rule, or regulation;

(ii) infringes upon any intellectual property right or any right or privacy or right of publicity or other right of any other person or entity;