Terms & Condition

Last Updated: 09-Jan-2024

1. Acceptance of Terms

Welcome to Artistic Burst! By accessing and using our website and services, you agree to comply with these Terms of Service (the “Agreement”). This Agreement is a legally binding contract between Artistic Burst and you. Please read these terms carefully. If you do not agree with any part of these terms, you should not use our website or services.

2. Privacy Policy

Our Privacy Policy, available at [Privacy Policy URL], outlines how we collect and use your personal information. By continuing to use our website and services, you agree to the terms of our Privacy Policy. If you disagree with our privacy practices, please discontinue use immediately. Users must be at least 18 years old to access our services.

3. The Services

3.1 Artistic Burst offers creative design services subject to your adherence to this Agreement and the timely payment associated with your subscription plan.

3.2 You agree to provide accurate and complete Registration Data, promptly update it, and maintain the security of your account. Notify us immediately of any unauthorized account use.

3.3 You are responsible for obtaining and maintaining necessary equipment and services to access our platform.

3.4 We may terminate your account without notice if you violate this Agreement or misuse our services.

3.5 "Deliverables" are content developed specifically for you. "Licensed Content" includes pre-existing elements subject to certain license restrictions.

3.6 Subject to compliance, you have a limited license to access and use our Services for internal business purposes.

3.7 You grant us a license to exploit any feedback you provide.

3.8 Free Trials may be offered, subject to terms. Failure to cancel during the Trial Period may result in automatic transition to a paid subscription.

4. Use of the Services

4.1 Use our Services based on your subscribed plan. While we accept unlimited requests, output depends on factors like volume and complexity.

4.2 Review and notify us of any errors in delivered files within seven (7) days. We aim to address promptly.

4.3 Your account speed is determined by the number of subscriptions. To increase work volume, consider adding subscriptions.

4.4 You own Customer Content and are granted a license for Deliverables. We may use Deliverables for internal improvement and marketing purposes.

4.5 We do not tolerate discriminatory use of our services. We may terminate access if we determine discriminatory use.

4.6 Use of AI-generated content is subject to OpenAI’s terms of use.

5. Use of Licensed Content

5.1 You are granted a license for Licensed Content in Deliverables. Separate licenses may apply for third-party content.

5.2 Compliance with third-party licenses is required. You may not sell, lease, sublicense, or modify Licensed Content.

6. Fees

6.1 Use of our Services requires payment of recurring fees. Fees are due upon receipt of invoice. Overdue charges accrue interest.

6.2 We may change fees upon 5 days’ notice. Continued use implies acceptance.

6.3 You may cancel your subscription. No refunds for partial months or unused time.

6.4 The 14-day Customer Satisfaction period applies to quarterly and annual subscriptions, excluding renewals or trial accounts.

7. Confidential Information

7.1 Confidential Information includes non-public business information. Both parties agree not to disclose or use the other's Confidential Information.

7.2 Confidentiality obligations survive for five (5) years after Agreement termination.

8. Publicity

8.1 Unless you provide written notice, we may use your name and logo in marketing materials.

9. Term and Termination

9.1 This Agreement expires upon account or subscription termination. Certain provisions survive termination.

9.2 We may terminate for default or breach.

10. Disclaimer of Warranties

10.1 Services are provided “as is.” We disclaim all warranties, express or implied.

11. Liability Waiver

11.1 We are not responsible for indirect or consequential damages. Our total liability is limited to fifty dollars ($50.00).

12. Indemnification

12.1 You agree to indemnify us against claims arising from Customer Content or Service use.

13. Links to Third-Party Platforms

13.1 We are not responsible for third-party platform content or practices.

14. Digital Millennium Copyright Act

14.1 Notify us if you believe materials on our site infringe your copyright.

15. Disputes Resolution and Choice of Forums

15.1 Legal actions shall be in Maricopa County, or by arbitration in [City], [State].

16. Assignment

16.1 This Agreement is personal and may not be assigned without consent.

17. Severability

17.1 If any provision is invalid, remaining provisions remain in force.

18. Non-Waiver

18.1 Failure to exercise rights is not a waiver.

19. Force Majeure

19.1 We are not liable for failure due to Force Majeure Events.

20. Entire Agreement

20.1 If a separate agreement exists, its terms prevail. Otherwise, this Agreement constitutes the entire agreement.

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