Terms of Service
Last updated: March 24, 2025
Please read these Terms carefully before using CREATEAWITY.art. They govern your use of our platform and services.
1. Acceptance of Terms
Agreement
By accessing or using CREATEAWITY.art (the "Platform"), you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, please do not use our Platform.
Eligibility
You must be at least 13 years of age to use our Platform. By using the Platform, you represent and warrant that you meet this requirement.
2. Description of Services
Platform
CREATEAWITY.art provides AI-powered image editing and generation services, including but not limited to background removal, image enhancement, style transfer, object removal, and other creative AI tools.
Service Changes
We reserve the right to modify, suspend, or discontinue any part of our services at any time with reasonable notice where practicable. We will not be liable to you or any third party for any such changes.
Third-Party Services
Our Platform integrates third-party AI models and services (including Google Gemini). Your use of these integrated services is also subject to the respective third-party providers' terms.
3. Account Registration
Account Creation
You must create an account to access most features. You agree to provide accurate, current, and complete information and to keep your account information updated.
Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately at support@createawity.art of any unauthorised access.
One Account Per User
Each user may maintain only one account. Creating multiple accounts to circumvent usage limits or restrictions is prohibited.
4. Credits & Subscriptions
Credit System
AI image processing on our Platform consumes credits. Credits are consumed per service use as indicated on our platform. Free tier credits are provided on registration and may be subject to monthly reset policies.
Paid Plans
Paid subscription plans provide additional credits and features as described on our Pricing page. Subscriptions are billed on a recurring basis (monthly or annually) until cancelled.
Refunds
Unused credits from paid plans are generally non-refundable. If you believe you have been charged in error, please contact us within 7 days of the charge at support@createawity.art and we will review your request.
Cancellation
You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. You retain access to paid features until the end of the period.
Pricing Changes
We reserve the right to change pricing with at least 30 days' notice to existing subscribers before the change takes effect.
5. Acceptable Use
Permitted Use
You may use our Platform for lawful personal, creative, and commercial purposes in accordance with these Terms.
Prohibited Content
You must not use our Platform to create, upload, or process content that: (a) is illegal or violates applicable laws; (b) depicts or promotes violence, abuse, or exploitation of minors; (c) is pornographic or sexually explicit without proper age verification context; (d) infringes third-party intellectual property rights; (e) is defamatory, harassing, or threatening.
Prohibited Conduct
You must not: reverse engineer or attempt to extract our AI models; scrape or bulk-download content via automated means; use our services to train competing AI models; resell or sublicense our services without authorisation; attempt to circumvent credit limits or security measures.
Compliance
You are solely responsible for ensuring your use of the Platform complies with all applicable laws in your jurisdiction, including laws regarding image rights, privacy, and intellectual property.
6. Intellectual Property
Your Content
You retain all rights to the images you upload and the outputs you generate using our Platform. By uploading content, you grant us a limited, non-exclusive licence to process your content solely to deliver the services you request.
Our Platform
All rights to the CREATEAWITY.art platform, software, design, trademarks, and brand assets are owned by us or our licensors. These Terms do not grant you any rights to our intellectual property beyond the right to use the Platform as described herein.
Generated Outputs
AI-generated outputs are provided for your use. You are responsible for verifying that your use of generated outputs does not infringe third-party rights. We make no warranty that outputs are free of third-party intellectual property claims.
7. Privacy
Privacy Policy
Your use of our Platform is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.
8. Disclaimers & Limitations
Service Quality
Our Platform is provided "as is" and "as available" without warranties of any kind, express or implied. We do not warrant that the Platform will be uninterrupted, error-free, or that AI outputs will meet your specific requirements.
AI Output Accuracy
AI-generated content is inherently variable. We do not guarantee the accuracy, quality, or suitability of AI outputs for any particular purpose. Review all outputs before use.
Limitation of Liability
To the fullest extent permitted by law, CREATEAWITY.art shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Platform, even if we have been advised of the possibility of such damages. Our total liability shall not exceed the amount you paid us in the 12 months prior to the claim.
9. Indemnification
Your Responsibility
You agree to indemnify and hold CREATEAWITY.art, its affiliates, officers, and employees harmless from any claims, damages, or expenses (including reasonable legal fees) arising from: (a) your use of the Platform; (b) content you upload or generate; (c) your violation of these Terms; or (d) your violation of any third-party rights.
10. Termination
By You
You may terminate your account at any time by contacting us. Upon termination, your right to use the Platform ceases immediately.
By Us
We reserve the right to suspend or terminate your account immediately, without notice, if we reasonably believe you have violated these Terms, engaged in fraudulent activity, or for any other reason at our discretion.
Effect of Termination
Upon termination, remaining credits are forfeited and are non-refundable except where required by applicable law. Sections relating to intellectual property, disclaimers, limitations of liability, and indemnification survive termination.
11. Governing Law
Jurisdiction
These Terms are governed by the laws of India. Any disputes arising from or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts in India.
12. Changes to Terms
Updates
We may update these Terms from time to time. We will notify you of material changes via email or a prominent notice on the Platform at least 14 days before changes take effect. Continued use of the Platform after changes constitutes acceptance of the updated Terms.
13. Contact
Questions
If you have any questions about these Terms, please contact us at support@createawity.art. We aim to respond within 7 business days.