RECRAFT, INC. – TERMS OF SERVICE

Last modified: December 12, 2023

PLEASE READ THESE TERMS OF SERVICE (“TERMS”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY RECRAFT, INC. (“RECRAFT”). THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE RECRAFT.AI WEBSITE (“SITE”) AND ALL RELATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, OTHER WEBSITES, OR APPLICATIONS OFFERED FROM TIME TO TIME BY RECRAFT IN CONNECTION THEREWITH (COLLECTIVELY “SERVICES”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THESE TERMS.

  1. Acceptance of Terms of Service

The Services are offered to you subject to your acceptance without modification of all of these Terms and all other operating rules, policies, and procedures that may be published from time to time in connection with the Services by Recraft. In addition, some services offered through the Services may be subject to additional terms and conditions promulgated by Recraft from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference. Recraft may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions. Use of the Services is also subject to Recraft’s Privacy Policy, which may be found at https://app.recraft.ai/privacy (“Privacy Policy”) and which is incorporated into these Terms by this reference. THE SERVICES ARE AVAILABLE TO NATURAL PERSONS, ONLY, INCLUDING NATURAL PERSONS ACTING AS AUTHORIZED REPRESENTATIVES OF LEGAL ENTITIES.

  1. DMCA and Takedowns Policy

Recraft utilizes artificial intelligence systems to produce certain digital content that is generated by users through the Services (such content “Assets”). Assets may be unintentionally similar to copyright-protected material or trademarks held by others. Recraft respects international intellectual-property rights, and Recraft asks its users to do the same. If you believe your copyright or trademark is being infringed by the Services, please write to [email protected], and Recraft will process and investigate your request and take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual-property laws with respect to any alleged or actual infringement.

  1. Modification of Terms of Service

At its sole discretion, Recraft may modify or replace any of these Terms, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on Recraft’s websites, including the Site, or Services or by sending you an email. Recraft may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

  1. Trademarks and Patents

All Recraft logos, marks, and designations are trademarks or registered trademarks of Recraft or its licensor(s). All other trademarks mentioned in any Recraft website, including the Site, are the property of their respective owners. The trademarks and logos displayed on any Recraft website, including the Site, may not be used without the prior written consent of their respective owners. Portions, features, functionality, or any combination of the foregoing of Recraft’s products or services, including the Services, may be protected under Recraft patent applications or patents.

  1. Licensing Terms

Subject to your compliance with these Terms, the conditions herein, and any applicable laws or other limitations: (i) you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Services for business or personal use; (ii) you own all Assets you create with the Services; and (iii) Recraft hereby assigns to you all rights, title, and interest in and to such Assets for your personal or commercial use. Otherwise, Recraft reserves all rights not expressly granted under these Terms. Each user must have a unique account, and you are responsible for any activity conducted on your account. You must not make available to other people your account username or password or otherwise share with other people access to your account. A breach or violation of any of these Terms may result in an immediate termination of your right to use the Services, and Recraft reserves the right to ban you and any IP address or other identifier associated with.

By using the Services, you grant to Recraft and its successors and assigns a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare derivative works of, publicly display, publicly perform, sublicense, or distribute, or any combination of the foregoing, text prompts and images you input into the Services or Assets produced by the Services at your direction, or both, solely as necessary for Recraft (i) to provide, maintain, promote, and improve the Services, (ii) to comply with applicable law and enforce Recraft policies, or (iii), if you share with other users through the Services any Assets produced by the Services at your direction or text prompts or images you input into the Services, or both, allow Recraft share those text prompts, images, and Assets with other users. For clarity, images you upload to the Service are not used to train Recraft’s image-generating model. You agree that this license is provided with no compensation paid to you by Recraft for your submission of text prompts or images or creation of Assets at your direction, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein. You also grant each other user of the Services a worldwide, non-exclusive, royalty-free license to access your publicly available Assets through the Services, and to use those Assets (including to reproduce, distribute, modify, display, and perform them) only as enabled by a feature of the Services. The licenses to Recraft and other users of the Services survive termination of these Terms by any party, for any reason.

  1. Fees and Payments

Recraft offers free and paid Services. You can learn more about Recraft’s paid subscription offering by contacting [email protected]. You can sign up for a monthly subscription, payable in U.S. dollars, that will automatically renew on a monthly basis, or for a yearly subscription, payable in U.S. dollars, that will automatically renew on a yearly basis. You can stop using the Services and cancel your subscription at any time through the website or by emailing Recraft at [email protected]. If you cancel your subscription, or if your right to use the Services is terminated because of a breach or violation of any of these Terms, you will not receive a refund or credit for any amounts that have already been billed or paid. Recraft reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after notice, whichever is later.

Unless otherwise stated, your subscription fees (“Fees”) do not include federal, state, local, and foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase, and Recraft may invoice you for such Taxes. You agree to timely pay such Taxes and provide Recraft with documentation showing the payment or additional evidence that Recraft may reasonably require. If any amount of your Fees are past due, Recraft may suspend your access to the Services after Recraft provides you written notice of late payment. You may not create more than one account to benefit from the Free tier of Recraft’s Services. If Recraft believes you are not using the Free tier in good faith, Recraft may charge you standard fees or stop providing access to the Services.

  1. Rules and Conduct

As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets, or Recraft models or derivatives of Recraft models) that: (i) would constitute a violation of any applicable law, rule, or regulation; (ii) infringes upon any intellectual-property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, furthering of self-harm, or profane; (iv) creates Assets that exploit or abuse children; (v) generates or disseminates verifiably false information with the purpose of harming others; (vi) impersonates or attempts to impersonate others; (vii) generates or disseminates personally identifying or identifiable information; (viii) creates Assets that imply or promote support of a terrorist organization; or (ix) creates Assets that condone or promote violence against people based on any protected legal category.

Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Recraft’s (or its third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures Recraft (or its third-party providers’) may use to prevent or restrict access to the Services (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API; (v) reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); (vi) use the Services or Assets to develop goods or services that compete with Recraft or the Services; (vii) use any automated or programmatic method to access the Services, generate Assets, or extract data from the Services, including scraping, web harvesting, or web data extraction; or (viii) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services, use of the Site or Services, or access to the Site or Services, or any contact on the Site or Services, without Recraft’s express written permission. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers”, etc., or “load testers” such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Services in a manner that sends more request messages to the Service in a given period of time than a human can reasonably produce in the same period by using the Service, and you are forbidden from ripping the content without prior written consent of Recraft. Notwithstanding the foregoing, Recraft grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Recraft reserves the right to revoke these exceptions either generally or in specific cases. Recraft does not allow any efforts to reverse-engineer its system or protocols or explore outside the boundaries of the normal requests made by users of the Services. Recraft does not allow request-modification tools such as fiddler or whisker or the like or any other such tools or activities that are meant to explore or harm, penetrate, or test the site. You must secure Recraft’s permission before you measure, test, health check, or otherwise monitor any network equipment, servers, or assets hosted on the Site.

  1. Termination

Recraft may terminate your access to all or any part of the Services at any time if you fail to comply with these Terms, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time upon written notice. If you wish to terminate your account, you may do so by following the instructions on the Services. Any Fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you pursuant to these Terms shall terminate immediately, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.

  1. Indemnification

You shall defend, indemnify, and hold harmless Recraft, its affiliates, and each of its and their employees, contractors, directors, suppliers, and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services, or (ii) your violation of these Terms or any applicable law, contract, policy, regulation, or other obligation. Recraft reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Recraft in connection therewith.

  1. Limitation of Liability

IN NO EVENT SHALL RECRAFT OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES: (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES; (II) FOR YOUR RELIANCE ON THE SERVICES; OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICES OR, IF GREATER, $500. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

  1. Disclaimer

ALL USE OF THE SERVICES AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Age Requirements

By accessing the Services, you confirm that you are at least 13 years old and meet the minimum age of digital consent in your jurisdiction. If you are not old enough to consent to these Terms in your jurisdiction, your parent or guardian must agree to these Terms on your behalf. Please ask your parent or guardian to read these Terms with you. If you are a parent or legal guardian, and you allow your teenager to use the Services, then these terms also apply to you, and you are responsible for your teenager’s use of the Services. No assurances are made as to the suitability of the Assets for you or any other person.

  1. Miscellaneous

These Terms of Service, including the Privacy Policy and all other terms and conditions incorporate herein, are the entire agreement between you and Recraft with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Recraft with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Recraft shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Recraft’s reasonable control. Your rights and obligations pursuant to these Terms are personal to you and are not assignable or transferable by you except with Recraft’s prior written consent. Recraft may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and neither party has any authority of any kind to bind the other in any respect. Except as otherwise provided herein, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.

  1. Contact Us

For questions regarding the Services, you can get in touch by emailing Recraft at [email protected].