Terms of Use
All content created and obtained via the eye-candy.ai website is subject to the following Terms of Use.
In simple language, each purchase grants the buyer a license to sell, redistribute, modify, publish, or sublicense the purchased content, but this content may not be used to create a competing service with Eye-Candy.ai products or services. Additional limitations may apply for AI content and services or if the purchased content contains content from third-parties. For example, designers may resell content to clients, and those clients and their affiliates may resell the content, provided this content does not compete with Eye-Candy.ai.
Please read these Terms of Use carefully because they affect your legal rights and include an agreement to resolve disputes that may arise between us. We believe these rules simplify and enhance the service for all users.
Read below for details.
These Terms of Use (Terms) govern the access, browsing and use by the users (User or Users, as applicable) of this website as well as the services rendered through this website (Service or Services, as applicable) which include the downloading, uploading, and usage of graphics, images, text, links, and other content (Content). Rights not expressly granted to the User by the Terms are reserved exclusively for Eye Candy.ai (Company). In particular, the Company strongly advises Users to review and understand the Intellectual Property section.
Accessing and using this Eye-candy.ai means the User has read, clearly understood, and accepted these Terms without exception. In case the User refuses the Terms or objects to any part of the Terms, the User is prohibited from using the Services. It is the responsibility of Users to contact the Company and clarify potential areas of ambiguity before using the Services. By signing up, purchasing credits or otherwise using the Services, the User enters into a binding contract and consent to the Terms. Users also agree they are responsible for complying with all domestic and international laws, statutes, ordinances, and regulations. Users accept, defend, indemnify, and hold safe the Company, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from usage of the Services.
The Company reserves the right to investigate complaints or reported violations of the Terms and to take any action we deem appropriate, including but not limited to canceling your account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information, as allowed under our Privacy Policy.
The Company may modify the Terms at any time. We strongly urge Users to review the Terms on a regular basis and certainly before using the Services. Legal usage rights for content generated by artificial intelligence is an evolving, largely unknown domain. Because of this, it's imperative we reserve the right to amend the Terms as law and market conditions dictate.
Some Services provided through this website may be subject to specific conditions or instructions that must be accepted by the User prior to the provision of the relevant Service. These specific conditions may be imposed by Eye Candy.ai or by third parties. Such specific conditions shall apply in addition to the Terms and in case of conflict shall supersede the Terms. Accordingly the User must read and accept such specific conditions before the provision of the relevant Service.
The User agrees not to use the Service negligently, for fraudulent purposes or in an unlawful or lewd manner. Likewise, the User agrees not to partake in any conduct or action that could damage the image, interests or rights of the Company or third parties.
The User will not interfere with the functioning of the Services, in particular, he/she/it will not impersonate another user or person. The User agrees not to carry out any action that may damage, make unavailable, overload, deteriorate or impede the normal use of the Services, which may impact the security of the Services, or which may in any way interfere with the Services offered by the Company. The use of robots, spiders or any other mechanism, mobile application, program or tool to access, copy or control any part of the Service or the Services in any way which is contrary to the ordinary use of the Service or which infringes the Company’s interests (without its express prior authorization) is strictly prohibited. Likewise, obtaining or attempting to obtain the contents of the Service using any method or system not expressly authorized by the Company or which is not the ordinary method of accessing the Service is also strictly prohibited.
The User shall be responsible for any costs required for the Services’ use and for ensuring, prior to using the Services, that the Services’ features meet the User’s needs and that he/she/it meets all requirements and has all the equipment and software necessary for this purpose.
The rights granted to the User under the Terms are personal and shall not be assigned to any third party (including affiliates or entities part of the same group of companies) totally or partially, by any mean, without the prior express written consent from the Company.
If any provision in these Terms is declared invalid or unenforceable, it shall be substituted at the Company's discretion or deemed as it had not been included. The remaining provisions in these Terms shall not be affected in any way.
All intellectual property rights over this website, the Services, its design, and source code, and all content included in any of them (including without limitation text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, sound recordings, etc.) belong to or are licensed to the Company.
Any lines of code, machine learning models, or other software offered by the Company as part of the Services is secured by copyright. You may not copy, distribute, transfer, or modify any software, any content, or any part of the Services without prior express written consent from the Company.
Each purchase constitutes a grant of a license, not a transfer of title. Under this license Users may not: attempt to decompile or reverse engineer any software or any aspects of the Services; remove any copyright or other proprietary notations; or transfer the content to another person without permission or mirror any part of the Services. This license shall automatically terminate if Users violate these restrictions and may be terminated by the Company at any time. Upon termination of this license, Users must destroy any content in their possession whether in electronic or printed format.
In particular, Users are strictly prohibited from using the Services to train, improve, enhance, or otherwise develop competing AI models and services, including open-sourced and closed-sourced alternatives, without explicit written permission from the Company.
For non-AI graphics, unless stated otherwise, you grant the Company a worldwide, non-exclusive, royalty-free license to showcase Content used through the Services as templates that illustrate potential designs and past usage of the Services. This license granted to the Company is for illustrative purposes and does not grant other Users the ability to use your images, trademarks, and other intellectual property without prior written consent.
Users bear final and ultimate responsibility for ensuring logos, trademarks, and other intellectual property are used faithfully according to their licensing terms. The Company requires the Users to honor intellectual property rights and not to resell, distribute, publish, or otherwise use logos, trademarks, and other intellectual property without proper permission of the content owner. Users who use the Services to violate intellectual property rights are in strict violation of these Terms, and are solely responsible for the legal consequences of these violations.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Twitter the license described above.
We reserve the right to analyze and apply user data, design data, user graphics, interaction data, and other relevant data to improve the Services. We also reserve the right to retain user specific platform output up to and including 30 days after it has been created.
Except as expressly authorized under these Terms, the reproduction or distribution, as well as transformation, producing any derivative works of any kind, public communication, making available, extraction, reuse or any other use of this website, the Services, or any of its parts, is strictly forbidden.
If you believe any content infringes on third-party rights or does not comply with these Terms, you can report it to the Company as set forth in these Terms.
The User acknowledges and agrees to use this website and its Services at the User’s own risk and under the User’s responsibility and, therefore, the Company does not accept any responsibility for misuse or use in breach of these Terms.
The User will be responsible for any damages to the Company resulting from the User’s use of this website and the Services in breach of the Terms and accepts to indemnify the Company and its directors, employees, agents and representatives from any liability in which they may incur as a result of the User’s usage of the Services. In particular, Users accept defend, indemnify, and hold safe the Company, its affiliates, and their corresponding officers, directors, agents and workers, from and against any claims, actions or demands, including without limitation affordable legal, accounting, and other provider charges, affirming or resulting from usage of the Services.
The Company does not warrant the availability or continuity of this website or the Services, neither its reliability, quality, completeness, accuracy or whether they are fit for a specific purpose or activity.
As way of example and without limitation, the Company shall not be liable for damages that may result from: interruptions, viruses, technical problems, interferences, omissions, unavailability, power cuts, failure of the telecommunication networks or the User’s equipment; delays or unavailability of the Services due to deficiencies or traffic overload on the Internet, in the communication network, or the electricity grid. Nor shall the Company be liable for damages resulting from third-party actions, software updates, or other causes. Put simply: USE OF THE SERVICES IS AT THE SOLE RISK OF THE USER, AND THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE OF ANY KIND CAUSED TO THE USER AS A RESULT OF USING THE SERVICES.
The insertion of links in the Services does not imply any relationship, recommendation or supervision by the Company of the linked website and, accordingly, the Company does not accept any liability in relation to the content of any linked website except in the specific circumstances provided by the applicable law.
The Company will make reasonable commercial efforts in order to ensure the accuracy of keywords and descriptions, as well as the identification of content as exclusively for editorial use or any equivalent expression. However, THE COMPANY NEITHER WARRANTS NOR MAKES ANY REPRESENTATION REGARDING ANY KEYWORD, TITLE OR DESCRIPTION; OR THE IDENTIFICATION OR LACK OF IDENTIFICATION OF ANY VISUAL CONTENT AS EXCLUSIVELY FOR EDITORIAL USE. For this reason and notwithstanding any other liability limitation that may be applicable in accordance with these Terms, the Company shall neither indemnify nor assume any liability in connection with any claim resulting from inaccurate keywords, titles or descriptions, or from the use of the visual content identified as exclusively for editorial use.
The Company may provide Services and content with technical, typographical, or photographic errors. The Company does not warrant that the Services or provided content are accurate, complete, or current. The Company may make changes to the Services and associated content at any time without notice. The Company also does not make any commitment to update the Services at regular intervals.
In particular, the Company may inadvertently publish erroneous pricing and credit purchase. In cases of dispute, incorrect prices may not be honored, and this decision is solely at the discretion of The Company. The Company will endeavor to notify Users as soon as possible upon incorrect pricing and will provide a refund, less the amount of consumed services, upon request for any User who bought services with incorrect pricing.
The Services are provided "as is." The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, uniqueness, likely results, or reliability of the Services and associated content.
To reiterate, the Company cannot warrant uniqueness of output, nor non-infringement of intellectual property, nor other violation of rights. As with other software tools, the User bears sole and full responsibility for non-infringement of intellectual property laws and compliance with all applicable laws.
AI services are not refundable. If unhappy with AI services, Users should contact the Company about exploring an alternative outcome that accommodates everyone. The Company will offer its best effort to find a mutually agreeable solution, but this is not guaranteed.
Users are only authorized to use the Services for lawful purposes and in accordance with The Company's license, terms, and conditions.
Any general purpose technology contains the potential for abuse. The Company explicitly prohibits and condemns illegal or abusive practices with the intent to harm or offend others. Such conduct may result in account suspension or termination, without recourse of refunds.
Specifically, the Company forbids certain uses, including, but not limited to, the cases below. By using the Services, users unconditionally consent to these restrictions. If uncertain about the legality of an usage, Users are required to seek authorized written permission from the Company before using the Services. Failure to seek authorized written permission may result in account suspension or termination, without recourse of refunds.
The Services cannot guarantee uniqueness of art, graphics, images, text, copywriting, or other generated output.
Because multiple users may share similar ideas, it is possible some users may use the Services and create similar or even identical output. It is also possible for another company to replicate the software and also generate similar or identical outputs. The Company therefore does not warrant and does not guarantee uniqueness. The User bears sole and full responsibility for compliance with all applicable intellectual property laws, particularly in cases where the User uses the Services for commercial purposes.
More broadly, the User bears sole and full responsibility for complying with all applicable laws and for using the Services in a responsible, reasonable manner.
The Services are built on software that require redistribution of licenses. See here for the list.
Please contact the Company with any questions or comments via email. Any feedback or comment you provide shall be deemed non-confidential unless you explicitly state otherwise.