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Terms and Conditions

Last updated: Dec 2024

Welcome to ButterflAI Art, operated by PIXELITY LABS S.L. ('Company', 'we', or 'our'). These Terms of Service ('Terms') govern your access and use of our website (including its subdomains or sections, collectively referred to as the 'Website') and services ('Services') under the ButterflAI Art brand.

By accessing or using our Services, you agree to these Terms. If you do not agree, you must refrain from accessing or using our Website and Services.

1. Definitions

For the purposes of these Terms:

  • Affiliate: Any entity that controls, is controlled by, or is under common control with a party, where 'control' means ownership of 50% or more of shares or other voting rights.
  • Account: A unique profile created to access our Service.
  • Content: Any text, images, graphics, or data that you post, upload, or generate using our Service.
  • Device: Any hardware capable of accessing the Service, such as computers, mobile phones, or tablets.
  • Service: Refers to the Website and associated offerings of ButterflAI Art.
  • You/Your: The individual accessing or using the Service, or the company or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acceptance of Terms

By using our Services, you confirm:

  1. That you are at least 18 years of age.
  2. That you have read, understood, and agree to comply with these Terms.
  3. That you accept our Privacy Policy, which governs how we collect, use, and protect your data.

If you do not meet these criteria, you must discontinue use of our Services immediately

3. User Account and Access

  • Eligibility: Only individuals aged 18 or older may create an Account.
  • Account Security: You are responsible for maintaining the confidentiality of your Account credentials. Notify us immediately of unauthorized access or breaches.
  • Prohibited Activities: You may not:
    1. Use another person's identity, trademark, or other protected identifiers as your username.
    2. Post offensive, defamatory, or illegal content.
    3. Engage in activities that disrupt, harm, or misuse our Service or violate third-party rights.

4. Your Content

4.1 Ownership

You retain ownership of the Content you create or upload. However, by using our free subscription Services, you grant us a worldwide, royalty-free, sublicensable license to use, display, modify, and distribute this Content for purposes of operating, improving, or promoting the Service.

For paid subscription users, full ownership of generated Content is retained by you, and we do not use your Content for promotional purposes without explicit consent.

4.2 Content Standards

You must ensure your Content complies with the following:

  • It must not infringe copyrights, trademarks, or any other legal rights.
  • It must not contain unlawful, obscene, or offensive material.
  • You warrant that you own or have the necessary licenses to the Content you upload or generate.

We reserve the right to remove any Content that violates these Terms or is deemed objectionable at our sole discretion.

5. Intellectual Property

The Service, its design, software, and original content are owned by the Company or its licensors. You may not reproduce, distribute, modify, or reverse-engineer any part of the Service without prior authorization.

6. Fees and Payment

  • Subscription Plans: Our Services include free and paid subscription tiers. Details are available on our pricing page.
  • Payment Obligations: You agree to provide accurate billing information and authorize us to charge the designated payment method.
  • Refund Policy: Payments are nonrefundable unless required by law or explicitly stated in these Terms.

We reserve the right to adjust subscription prices, with notice, prior to the next billing cycle.

8. Prohibited Conduct and Acceptable Use

You agree not to use the Service to:

  • Transmit malicious code, spam, or offensive materials.
  • Impersonate others or engage in fraudulent activity.
  • Attempt unauthorized access or harm to the Service infrastructure.

Violations may result in account suspension or termination.

9. Limitation of Liability

To the fullest extent permitted by law, the Company is not liable for indirect, incidental, or consequential damages, including loss of data or profits. In all cases, our liability is limited to the greater of $100 or the amount you have paid in the last 12 months.

10. Disclaimers

Our Service is provided 'AS IS' without warranties of any kind. We do not guarantee uninterrupted, error-free service or specific results from using our AI tools.

11. Force Majeure

We are not liable for non-performance caused by events beyond our control, such as natural disasters, labor strikes, or governmental actions.

12. Termination

You may terminate your Account at any time. We reserve the right to suspend or terminate accounts that violate these Terms. Upon termination, access to the Service and associated data will cease.

13. Dispute Resolution

Informal Resolution

You agree to attempt to resolve disputes informally by contacting us at [email protected].

Governing Law and Venue

These Terms are governed by the laws of Spain. Any unresolved disputes will be exclusively subject to the jurisdiction of the courts of Madrid, Spain.

14. Updates to Terms

We reserve the right to modify these Terms with 30 days' notice for material changes. Continued use of the Service after changes indicates acceptance.

15. Contact Us

If you have any questions about these Terms, contact us at: