Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Graphicly ("Graphicly", "we", "us" or "our") and govern your access to and use of the Graphicly website, application and related services (together, the "Service"). Please read them carefully. By creating an account or using the Service you agree to these Terms and to our Privacy Policy and Cookie Policy.

1. Agreement to these Terms

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms and "you" refers to that organization. If you do not agree to these Terms, do not use the Service.

2. Accounts and eligibility

• You must be at least 16 years old to use the Service.
• You are responsible for the accuracy of your registration details, for keeping your credentials confidential, and for all activity on your account.
• Notify us promptly at contact@graphicly.ai if you believe your account has been accessed without authorization.

3. The Service

Graphicly provides an online tool to help you create, edit, organize and export graphic designs, including features that use artificial intelligence. We may add, modify or remove features from time to time to improve the Service. We will provide reasonable notice of material adverse changes to paid features.

4. Plans, billing and taxes

• Paid plans are offered on a monthly or annual subscription. Fees, plan limits and included allowances are described on our pricing page or in your account.
• Subscriptions renew automatically at the end of each term at the then-current price for the same plan, unless canceled before the renewal date. You authorize us and our payment processor to charge your payment method for each renewal.
• You are responsible for keeping your payment method valid. If a charge fails, we may retry the charge, downgrade your account or suspend access after a reasonable grace period.
• Prices exclude taxes unless stated otherwise. You are responsible for any applicable taxes and duties, other than taxes based on our net income.
• We may change prices with reasonable prior notice. Changes take effect at your next renewal.

5. Cancellations and refunds

You can cancel your subscription at any time from your account. Cancellation takes effect at the end of the current billing period; you will continue to have access until then. Except where required by applicable law, fees already paid are non-refundable, and we do not provide credits or refunds for partial billing periods, unused allowances or features that were available during the paid period. If you believe you have been charged in error, contact contact@graphicly.ai within 30 days of the charge and we will review the request in good faith.

6. Your content and license

You retain all rights in the content you upload to, create with, or generate through the Service ("Your Content"). You grant Graphicly a worldwide, non-exclusive, royalty-free license to host, store, reproduce, adapt, display and transmit Your Content solely to operate, secure and improve the Service and to provide it to you. This license ends when you remove Your Content from the Service, except to the extent that we are required to retain copies to comply with legal obligations or that copies remain in routine backups for a limited period.

You represent that you have the necessary rights to Your Content and that uploading or using it through the Service does not violate any law or the rights of any third party.

7. AI-assisted features and outputs

The Service includes features that use artificial intelligence to help you generate and refine content. As between you and Graphicly, you own the outputs you generate through the Service that constitute Your Content, subject to your compliance with these Terms and applicable law. Because AI outputs are generated statistically, similar or identical outputs may be produced for other users; you should independently review outputs for accuracy, quality and rights clearance before publishing or relying on them.

8. Acceptable use

You agree not to use the Service to:

• Violate any law, regulation or third-party right.
• Create or distribute content that is unlawful, defamatory, harassing, hateful, discriminatory, sexually explicit involving minors, or that promotes violence.
• Impersonate any person, misrepresent your identity or affiliation, or create content intended to deceive (for example, false attribution, deceptive deepfakes or political disinformation).
• Infringe intellectual property, publicity, privacy or moral rights, including by uploading assets you do not have the right to use.
• Attempt to probe, scan, reverse engineer, decompile, disrupt or bypass the security or access controls of the Service, or interfere with other users' use of it.
• Scrape, harvest or aggregate data from the Service by automated means, or use the Service to build a competing product.
• Send spam or unsolicited communications, distribute malware, or use the Service in a way that could harm minors.

We may investigate suspected violations and take appropriate action, including removing content, limiting features, suspending or terminating accounts, and cooperating with law enforcement.

9. Graphicly intellectual property

The Service, including its software, design, text, graphics, logos, templates and other materials that we provide (excluding Your Content and third-party content), is owned by Graphicly or its licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for its intended purpose. No other rights are granted by implication or otherwise. "Graphicly" and related marks and logos are trademarks of Graphicly; you may not use them without our prior written permission.

10. Copyright and infringement claims

We respect intellectual property rights and expect users of the Service to do the same. If you believe that content on the Service infringes your copyright or other rights, please send a notice to contact@graphicly.ai including: (i) your contact information; (ii) a description of the work claimed to be infringed; (iii) the location of the allegedly infringing material on the Service; (iv) a statement that you have a good-faith belief that the use is not authorized; (v) a statement, made under penalty of perjury where applicable, that the information is accurate and that you are the owner or authorized to act on behalf of the owner; and (vi) your electronic or physical signature. We may remove or disable access to material identified in a valid notice and may terminate accounts of repeat infringers.

11. Third-party services

The Service may interoperate with third-party services (for example, payment processors, sign-in providers or asset sources). Your use of those services is governed by their own terms; we are not responsible for them.

12. Suspension and termination

You may close your account at any time from account settings. We may suspend or terminate your access if you materially breach these Terms, if we are required to do so by law, or if we discontinue the Service. Upon termination your right to use the Service ends and we may delete Your Content as described in our Privacy Policy. Sections that by their nature should survive termination will do so, including provisions on intellectual property, disclaimers, limitations of liability and indemnification.

13. Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of AI outputs, and uninterrupted or error-free operation. You are responsible for evaluating whether the Service and its outputs are suitable for your use case.

14. Limitation of liability

To the maximum extent permitted by law, Graphicly and its suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data or content, arising out of or relating to the Service, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the fees you paid to us for the Service in the 12 months before the event giving rise to the claim, or (b) fifty euros (€50). Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

15. Indemnification

You will defend, indemnify and hold harmless Graphicly and its affiliates, officers and employees from and against any claims, damages, liabilities and expenses (including reasonable attorneys' fees) arising from Your Content, your use of the Service, or your breach of these Terms.

16. Governing law and disputes

These Terms are governed by the laws applicable at Graphicly's place of establishment, without regard to conflict-of-law rules and without prejudice to mandatory consumer-protection rights available to you under the law of your country of residence. The competent courts of that place will have non-exclusive jurisdiction over any dispute arising from or relating to these Terms. Before starting a formal proceeding, we ask that you first contact us at contact@graphicly.ai so we can try to resolve the issue.

17. Changes to these Terms

We may update these Terms from time to time. When we make material changes we will update the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Contact

Questions about these Terms? Email contact@graphicly.ai.