Terms of Service
Last Updated: October 17, 2024
Welcome to CreativePixel. Please read these Terms of Service ("Terms") carefully before using our website, mobile application, or any of our services.
1. Acceptance of Terms
By accessing or using CreativePixel's services, including but not limited to our website (https://creativepixel.ai), mobile application, and API (collectively, the "Service"), you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.
2. Description of Service
CreativePixel is an AI-powered image generation application that offers the following features:
- Text to image generation
- Image to image generation
- Upscale images
- APIs for all above features
3. User Obligations and Conduct
3.1. You must be at least 13 years old to use the Service.
3.2. You agree to use the Service only for lawful purposes and in accordance with these Terms.
3.3. You are responsible for maintaining the confidentiality of your account and password.
3.4. You agree not to: a) Use the Service in any way that violates any applicable local, state, national, or international law or regulation. b) Impersonate or attempt to impersonate CreativePixel, a CreativePixel employee, another user, or any other person or entity. c) Engage in any activity that interferes with or disrupts the Service. d) Attempt to gain unauthorized access to the Service, other users' accounts, or computer systems or networks connected to the Service.
4. Intellectual Property Rights
4.1. CreativePixel Content: All content provided by CreativePixel, including but not limited to the Service, website design, logos, and software, is the property of CreativePixel or its licensors and is protected by copyright, trademark, and other intellectual property laws.
4.2. User Content: You retain full ownership of any content you upload to the Service. By uploading content, you grant CreativePixel a limited, worldwide, non-exclusive, royalty-free license to use, reproduce, and process the content solely for the purpose of: a) Providing the requested image generation services to you; b) Improving and training our AI models in an anonymized and aggregated manner; c) Displaying the content within the Service as directed by you.
This license does not grant CreativePixel the right to sell your content or use it for marketing purposes. You can revoke this license at any time by deleting your content from the Service or closing your account.
4.3. AI-Generated Content: a) You own the rights to the images generated by the Service based on your inputs. b) CreativePixel retains ownership of the underlying AI models and algorithms used to generate the images. c) You agree not to claim ownership or authorship of the AI models or algorithms themselves.
5. Prohibited Uses
You agree not to use the Service to generate, upload, or transmit any content that:
5.1. Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy.
5.2. Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
5.3. Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity.
5.4. Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of computer software or hardware.
5.5. Is intended to be used for illegal activities, including but not limited to fraud, harassment, or creation of explicit content involving minors.
6. User Representations and Warranties
By using the Service, you represent and warrant that:
6.1. You have the right to use any content you upload or input into the Service.
6.2. Your use of the Service does not violate any applicable law or regulation.
6.3. You will not use the Service for any purpose that is unlawful or prohibited by these Terms.
7. API Usage
7.1. Rate Limits: API usage is subject to rate limits as specified in our API documentation. CreativePixel reserves the right to adjust these limits at any time.
7.2. Acceptable Use: You agree to use the API in compliance with these Terms and any additional guidelines provided in the API documentation.
7.3. Data Retention and Security: When using our API, you are responsible for securely storing and handling any data retrieved through the API, including user data and generated images.
8. Limitation of Liability
8.1. CreativePixel and its affiliates, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use the Service.
8.2. In no event shall CreativePixel's total liability to you for all damages exceed the amount you paid CreativePixel, if any, for using the Service during the twelve (12) months immediately preceding the date of the claim.
9. Termination
9.1. CreativePixel may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
9.2. Upon termination, your right to use the Service will immediately cease.
10. Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws of Estonian Jurisdiction, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
11. Changes to Terms
We reserve the right to modify or replace these Terms at any time. We will provide notice of any significant changes by posting the new Terms on this page and updating the "Last Updated" date.
12. Contact Us
If you have any questions about these Terms, please contact us at hello@creativepixel.ai.
By using CreativePixel, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.