This Software License Agreement ("Agreement") is entered into between you ("User", "You", or "Your") and Vectric Ltd. ("Vectric", "Company", "We", or "Us"). By clicking "I Agree" and accessing or using the EasyCreate software (the "Software"), You agree to be bound by the terms of this Agreement. If You do not agree to these terms, do not use the Software.
1. Definitions
"AI" means artificial intelligence technology.
"AI Credits" means the number of credits which will be used to produce each instance of AI Generated Content.
"AI Generated Content" means any output produced by the Software using artificial intelligence technology.
"AI Providers" means AI tools provided by independent third parties.
"Designs" means any artistic, visual, or functional works generated using the Software.
"User Content" means text and images uploaded by You to the Software.
2. Grant of License
Vectric grants You a non-exclusive, non-transferable, limited license to use the Software to generate Designs from AI Generated Content based on Your User Content, subject to the terms of this Agreement.
You may not transfer, sublicense or resell the Software (or access to the Software) to any third party without the prior written consent of Vectric.
3. AI Credits Terms
AI Credits and Usage: The number of credits required to produce AI Generated Content will be available to view in the Software. We reserve the right to amend the number of credits required to produce AI Generated Content. The current number of credits required will be clearly shown in the Software.
Purchase Price: AI Credits are available to purchase in blocks, through the Software, using the FastSpring Service. Vectric reserves the right to change either the number of AI Credits that may be purchased in a block and/or the price for each block.
Availability: Vectric does not guarantee the continuous availability of AI Credits (or the Software) and may suspend or modify the system for maintenance or improvement at any time.
Automatic Expiry: Any unused AI Credits will automatically expire 36 months from the purchase date and cannot be reinstated.
Non-refundable and non-transferable: After purchase, AI Credits are non-refundable, non-transferable and have no cash value.
4. Your Responsibilities and Permissions
Minimum Age: By using the Software, You agree that You are a minimum of 18 years of age.
AI Generated Content: You are responsible for all Your Designs, User Content and AI Generated Content and the way in which You subsequently use it.
Personal and/or Confidential information: If Your User Content includes personal or confidential information, You do so entirely at Your own risk.
Rights, Permissions and Consents: You are responsible for ensuring that any User Content You upload to the artificial intelligence technology does not infringe on the Intellectual Property rights of any third party and that You are licenced by the third party owner to use the User Content You upload and that You have all rights, permissions and consents to upload Your User Content.
Back ups: You are responsible for downloading copies of or backing up any AI Generated Content and Designs You produce through the Software.
User Content: By using the Software, You grant to Us a non-exclusive, royalty-free and worldwide-license to use, store, copy and process the User Content to provide and improve the Software.
5. Payment and Billing
Payment Authorization & Processing: All processing of payments associated with Your purchase of AI Credits are governed by the terms and conditions of the Merchant and Seller of Record, Fastpring (https://fastspring.com/legal/terms-sale/)
Failed Payments: If a payment is declined or unsuccessful, Vectric may suspend Your access to the Software until payment is received.
6. Ownership of AI Generated Content
Subject to this Agreement and any applicable third-party AI Provider terms, You own the rights to the AI Generated Content You create using the Software. Vectric makes no claim of ownership over Your Designs or AI Generated Content.
7. Indemnity
You indemnify and hold harmless Vectric, its affiliates, officers, directors, and employees from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or in connection with:
(a) Your misuse of the Software;
(b) any User Content or AI Generated Content that infringes third-party rights or applicable law; or
(c) Your violation of this Agreement.
8. Disclaimer of Warranties
The Software and AI Generated Content is provided "AS IS," for use by You at Your own risk, without any warranties, assurances or guarantees of any kind, whether express or implied, including, but not limited to: warranties of merchantability; fitness for a particular purpose; non-infringement of Intellectual Property rights or other third party rights and whether the AI Generated Content will be unique or free from similarity to other works. Vectric does not guarantee that the AI Generated Content will be error-free or appropriate or that the Software will be uninterrupted.
Vectric does not control or operate any AI Providers that may be integrated into the Software and disclaims any responsibility for their performance, accuracy, or availability.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Vectric shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) Your use or inability to use the Software; or (b) unauthorized access, use, or alteration of Your transmissions or content.
We will not be liable for, and You waive and release us from and against, any liability (however suffered, and to whomever suffered) arising from or connected with Your reproduction of, commercial exploitation of, publication of, or any use of AI Generated Content and the Designs You create.
You acknowledge that We are not responsible for and have no control over the provision of AI tools provided by independent third parties (AI Providers) included as part of the Software. We will have no liability to You in relation to any act or omission of an AI Provider, including where you irretrievably lose any AI Generated Content.
In no event shall Vectric's total liability to You for all damages, losses, and causes of action exceed the total amount paid by You for AI Credits during the twelve (12) months preceding the claim.
10. Acceptable Use of the Software and AI Generated Content
Permitted Use: You may use the Software and the AI Generated Content to generate Designs for Your legal projects.
Prohibited Use: You agree not to use the Software or the AI Generated Content to create or support any violation of applicable law, defamatory, or otherwise objectionable content, including but not limited to: sexually explicit, obscene, or pornographic or which promotes violence, self-harm, or illegal activities or which infringes intellectual property rights or which impersonates individuals or entities.
Reasonable Use: You agree to use the Software in a manner that does not unreasonably impact the performance, availability, or security of the Software or any other users or services provided by Vectric. Vectric reserves the right to monitor usage and restrict or terminate access if the use exceeds reasonable limits or violates this Agreement.
11. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of laws principles. Any disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales.
12. Severability
If any provision of this Agreement is held to be invalid or unenforceable, that provision shall, to the extent of such invalidity or unenforceability, be deemed deleted and the remainder of this Agreement shall continue in full force and effect
13. Entire Agreement
This Agreement constitutes the entire agreement between You and Vectric regarding the Software and supersedes all prior or contemporaneous communications, agreements, and understandings, whether written or oral.
14. Modifications to Agreement
Vectric reserves the right to modify this Agreement at any time. If We make material changes, We will notify You by email or through the Software interface. Your continued use of the Software after the date specified in the notice constitutes Your acceptance of the modified terms. If You do not agree to the modified terms, You must cease using the Software before the changes become effective.
15. Force Majeure
Vectric shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of nature, internet outages, or actions of third-party providers
16. Contact Information
For any questions or concerns about this Agreement, please contact Vectric at: Email: support@vectric.com Address: Vectric Ltd. Precision House, Arden Road, Alcester, Warwickshire, England, B49 6HN
By clicking "I Agree," You acknowledge that You have read, understood, and agree to be bound by this Software License Agreement.
