TERMS OF SERVICE

ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THE TERMS OF SERVICE CAREFULLY BEFORE USING SERVICES PROVIDED BY THE COLLAGER.AI WEBSITE. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH COLLAGER.AI AND USE OF THE SERVICES PROVIDED THROUGH THE COLLAGER.AI WEBSITE. YOU ARE HEREBY ASKED TO ACCEPT THESE TERMS OF SERVICE AND MAY USE THE SERVICES PROVIDED THROUGH THE COLLAGER.AI WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. USING THE SERVICES PROVIDED THROUGH THE COLLAGER.AI WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, DO NOT USE THE COLLAGER.AI WEBSITE, OR SERVICES.

THESE TERMS OF SERVICE INCLUDE THE COLLAGER.AI PRIVACY POLICY LOCATED AT https://collager.ai/privacy-policy.php WHICH IS INCORPORATED AND MADE A PART OF THESE TERMS OF SERVICE.

Acceptance of Terms of Service

These Terms of Service (the “TOS,” or “Terms of Service”) is a legally-binding agreement between you, either an individual or an entity (“You,” “Your,” “User,” “Client,” or “Customer”) and collager.ai., regarding use of this website (the “Website”) and the Services, as defined below. COLLAGER.AI develops and sells the software solution collager.ai, a web-based application for processing photos. The subject of this Contract is the provision of the software as a service. collager.ai makes available this website, located at https://collager.ai/ (the “Website,”) including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website, (collectively, the “Services”) available for Your use subject to the Terms of Service as set forth in this document. By accessing and using the collager.ai Website and Services You agree to be bound by and to accept these Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.

If You do NOT agree to all these terms and conditions contained in these Terms of Service You should NOT use this Website, or collager.ai’s Services. If You do NOT agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded through the Website, or Services, then You should NOT use the part of the Website, and should NOT use the Services which contain such Content or through which such transactions may be concluded. Also, when You use any current or future collager.ai Services or visit the Website or the website of collager.ai’s partners or affiliates, or obtain any products or services therefrom, whether free of charge or for payment, You will be subject to the guidelines and conditions applicable to such products or services, and not those of collager.ai.

These Terms of Service may be amended by collager.ai by displaying such changes on its Website. If You continue to use the Website after the changes have been posted for thirty (30) days, You will be considered to have accepted the changes. Also specific terms and conditions may apply to specific content, products, materials, services or information contained on or available through this Website (the “Content”) or transactions concluded through this Website. Such specific terms may be in addition to these Terms of Service, or, where inconsistent with these Terms of Service, only to the extent the content or intent of such specific terms is inconsistent with these Terms of Service, such specific terms will supersede these Terms of Service. Please check these Terms of Service regularly to ensure that You are aware of all terms governing Your use of the collager.ai Website and Services.

collager.ai reserves the right to make changes or updates with respect to the Website, or to the Content or the format thereof at any time without notice. collager.ai also reserves the right to terminate or restrict access to the Website and its Services or any portion thereof for any reason whatsoever at its sole discretion.

The following restrictions and conditions apply to the use of Service and creating and maintaining the Account:

a. You shall not create an account in connection with the Service (an “Account”), or access Service if you are under the age of 13;

b. You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13. You accept full responsibility for any unauthorized use of Service by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors;

f. Unless otherwise agreed to by collager.ai in writing, you shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk email or repetitive messages (spim and spam) to any other user or third party;

g. You shall not have an Account or use Service if you have previously been removed by collager.ai or previously have been banned from using any of collager.ai’s Services or use of other collager.ai products;

h. You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without collager.ai’s written permission;

i. You shall not access or use an Account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without collager.ai’s consent;

j. You shall not use your Account to engage in any illegal conduct;

k. You shall not create multiple Accounts linked to the same individual, by means of, including, without limitation, linking separate Accounts to multiple email addresses controlled by the same individual to circumvent collager.ai’s verification procedure.

Notwithstanding the foregoing, collager.ai may refuse to provide Services to any person for any reason or no reason whatsoever. Specifically, if you create numerous non-downloadable free collages, collager.ai may refuse or abridge your future ability to create online non-downloadable collages, or even deactivate your Account.

Account Information

When creating or updating your Account, you may be required to provide collager.ai with certain personal information, including but not limited to your name, birth date, gender, email address, mailing addresses, location, login and password. This information will be held and used in accordance with collager.ai Privacy Policy at https://collager.ai/privacy-policy.php. You agree that you will supply accurate and complete information to collager.ai, and that you will update such information promptly.

During the Account setup process, you may be required to select a specific username and password (“Login Information”). The following rules govern the security of your Login Information:

a. You shall not share the Account or the Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;

b. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify collager.ai and modify your Login Information;

c. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and

d. You are solely responsible for any unauthorized use of your Account.

 

collager.ai reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that your username violates such third party’s rights.

Rights of use and copyright ownership

Until the User unlocks the collage in exchange for one credit, they have no right to use the image for commercial purposes. After unlocking the collage, the User can use the file and image for commercial and non-commercial purposes, as well as process, make changes, print, and replicate in any quantity, provided that the User does not violate the terms of use of the service, including not infringing on the copyrights of others. The copyright for the created image in the service belongs to the User only after unlocking the collage.

This service was created both for ordinary users and for selling unlocked collages to third parties, running a printing business, and providing a collage creation service for third parties. Therefore, you have every right to generate collages in any quantity, unlock collages using internal paid credits, and thus you automatically become the owner of the copyright for this file and can use it for any commercial and non-commercial purposes.

The Customer shall acquire the non-exclusive right, which is limited in time to the duration of this Contract, to use the Service to the extent of the selected variant worldwide for internal or its own use.

The scope of use (commercial or non-commercial) is based on the tariff chosen by the Customer. If the tariff chosen by the Customer so provides, the Customer may use, process or exploit the result of the Software (depending on the chosen tariff) commercially or non-commercially in any manner whatsoever. In the case of non-commercial use, the Customer is prohibited from using the results of the Software for direct or indirect commercial purposes.

Billing is via credits, which the Customer can obtain by Paypal or credit card payment or other. Our order process is conducted by our online payment provider PayProGlobal.

Monthly credits shall expire at the end of a billing cycle. In the context of the use of the Service, the Customer has the right to process photos and generate collages in the amount equivalent to the credits acquired. A collage is considered generated if the customer is sent a notification about the completion of one or more collages by email. If the Customer generates a large number of collages and does not unlock them using credits, the service reserves the right to block access to the interface.

Use for the following purposes is prohibited: Research/development of artificial intelligence (in particular generation of training data), military use, pornography, gambling/betting, terrorism, creation of 'fake news'.

Use by organizations that carry out, encourage or require unlawful violence or physical injury to persons or property, or carry out, encourage or require unlawful force against any group based on race, religion, disability, gender, sexual orientation or national origin.

Availability

In the context of the use of a version for which a fee is charged, the Service undertakes to make the Service available to the Customer 95% of the time, calculated over one year (hereinafter referred to as the Availability). Availability is provided if the Service can be accessed via an internet connection. Maintenance for which notification has been given by the Service does not reduce the Availability.

Higher availability must be agreed separately.

Rights and obligations of the Customer

The Customer undertakes to keep all access data to the Service (e.g. passwords, API keys) secret.

The Customer undertakes to refrain from any actions that compromise the functionality or operation of the Service. In particular, the Customer is prohibited from carrying out any actions that scan or test weak points of the Service, bypass security systems or access systems of the Service or integrate malware into the Service.

The Customer guarantees that it has all the necessary rights (such as copyright, ancillary copyright, industrial property rights, trademark rights) for processing the uploaded photos.

Terms of payment

All fees for recurring services are due before the beginning of the respective accounting period. The billing period shall commence on the day the Contract is concluded and end after one month.

Taxes and duties which are related to the current fee shall be paid by the Customer. The Customer hereby indemnifies the Service in this respect.

The Customer is not entitled to offset claims against the Service unless such claims have been legally established by a court.

Warranties and Disclaimers

ALL CONTENT AND/OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COLLAGER.AI HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. COLLAGER.AI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS WEBSITE, CONTENT OR SERVICES. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. COLLAGER.AI DOES NOT WARRANT THAT THE WEBSITE, CONTENT OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY COLLAGER.AI ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by collager.ai in writing, contractors, agents, dealers or distributors of collager.ai or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COLLAGER.AI ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLLAGER.AI OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

The Website may contain references to specific collager.ai Services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such Services shall be available at any time in any particular country.

You understand and agree that by using the Website and Services contained therein, You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Website and Services at Your own risk.

IN NO EVENT SHALL COLLAGER.AI OR ANY OF ITS PARTNERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, PRODUCTS, SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THIS WEBSITE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF COLLAGER.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST COLLAGER.AI PERTAINING TO OR IN CONNECTION WITH THIS WEBSITE MUST BE COMMENCED AND PROVIDED TO COLLAGER.AI IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to You.

Any warranty for the results of the Software and its Availability is excluded. If, nevertheless, a warranty claim should exist, the warranty period is 1 month.

The Service is not liable for the speed of the Software, its Availability, data loss or the correctness of the results. In addition, the liability of the Service is excluded unless the damage has been caused intentionally or through gross negligence. This does not apply in cases of loss of life or damage to the health of a person.

The liability of the Service is in any case limited to the amount that the Customer has paid in ongoing fees in the last 1 month before the event giving rise to liability.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CONTENT AND INFORMATION CONTAINED ON THE SITE. COLLAGER.AI MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

COLLAGER.AI MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. COLLAGER.AI HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLLAGER.AI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COLLAGER.AI HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

BECAUSE SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, COLLAGER.AI'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

Your Warranties

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO COLLAGER.AI IN CONNECTION WITH ITS SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COLLAGER.AI; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THESE TERMS OF SERVICE ; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THESE TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT (“USER MATERIALS”) THAT IS AVAILABLE TO END USERS OF THE SITE AND THAT IS NOT PROVIDED BY COLLAGER.AI, OR THE WEBSITE DO NOT: (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY; (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY; (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH; (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS; OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

However, collager.ai reserves the right, solely upon its own discretion, to refuse, remove, or disable access to User Materials that collager.ai learns may be illegal, that violate or potentially violate third party rights, or that may violate the terms of these Terms of Service, although it has no obligation to do so. collager.ai’s action or inaction to regulate content or conduct or to enforce against any potential violation of these Terms of Service by any user (or any other third party) does not waive collager.ai’s right to implement or not implement regulation or enforcement measures with respect to any subsequent or similar content, conduct, or potential Terms of Service violation, and collager.ai may remove in its sole and absolute discretion any and all content, whether posted by collager.ai or by any of its users.

Use of the Services by You

You agree to use the Services only for purposes permitted by these Terms of Service as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree not to access (or attempt to access) any of the Services by any means other than through the means that are provided by collager.ai. You agree not to access or attempt to access any of the Services by way of automated means and that You will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Term

The term of these Terms of Service shall begin when You start using the Services and shall continue in perpetuity unless otherwise terminated by collager.ai by written notice. collager.ai expressly reserves the right to change, suspend or discontinue the Services or portions thereof, at any time, and may terminate Your use of the Service at any time. Without prejudice to any other rights, this term will terminate automatically if You fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of the term, You must immediately cease using the Website and the Services including without limitation any use of collager.ai’s trademarks, trade names, copyrights and other intellectual property.

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICES IN ANY WAY.

Language of the Terms of Service

Where collager.ai has provided You with a translation of the English language version of these Terms of Service into another language, You agree that the translation is provided for Your convenience only and that the English language versions of these Terms of Service will govern Your relationship with collager.ai. If there is any contradiction between the English language version of these Terms of Service and the translation, the English language version shall control.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Website, Content (including but not limited to software, services, audio, video, text and photographs) and the Services shall rest with collager.ai and/or its licensors. Unless otherwise specifically provided herein or authorized by collager.ai in writing, all rights in the Website, Content and/or Services not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, the Website, or the Services, provided therein, except for photo collages created in this service.

collager.ai hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. collager.ai disclaims any proprietary interests in the intellectual property rights other than their own.

Content uploaded by customer and Copyright Compliance

Summary: collager.ai respects intellectual property rights and asks you to do the same. Anything you upload will remain yours, and you're responsible for it. We'll only use the content you submit to provide you with our services. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice or European Union illegal content notice for content you've submitted, we may remove the allegedly infringing content or suspend access to the collager.ai website.

All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter "Content") that you upload, post, submit, display, print, or use, hereinafter "upload", using our Services is your content. We don’t make any claim(s) to it. That includes anything you upload using our Services.

Responsibility for the Content. You understand that you are solely responsible for the Content that you upload on or through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to upload it or use it on your collages, digital files, prints, or any products, manufactured, or warehoused by collager.ai or other companies we work with. You also represent that you’re not infringing or violating any third party’s rights by uploading the Content or using the Content on your collages, digital files, products, prints, manufactured, or warehoused by collager.ai or other companies we work with.

Permission to Use the Content. collager.ai agrees that any Content that you upload using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.

Reporting Unauthorized Content. collager.ai respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).

Intellectual Property. collager.ai respects your work and empowers you to express your ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you upload to collager.ai, or have the express authority to upload it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable national, state, and federal laws.

Trademarks and Infringement of Intellectual Property. We are committed to following appropriate legal procedures to remove infringing content from the Services. collager.ai will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. collager.ai reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive notice of intellectual property infringement (via email notice@collager.ai), collager.ai strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When collager.ai removes, blocks or disables access in response to such a notice, collager.ai makes a reasonable attempt to contact the allegedly infringing party.

Copyright and Trademark Responsibility.

You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the files you upload, or if you are not the owner, that you have permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to upload your files. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own or have permissions to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the files you upload or use in connection with any Content and the Services provided under this Agreement.

Inappropriate, False, or Misleading Content.

This should be common sense, but there are certain types of Content we don’t want to use for our Services (for legal reasons or otherwise). You agree that you will not upload any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to upload any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.

Copyright and DMCA Compliance

It is collager.ai’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act or “DMCA.”). collager.ai’s copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA). To the extent any requirements and obligations of service providers under the DMCA change or are different than set forth herein, collager.ai’s policies and procedure may likewise change in accordance with the DMCA requirements and obligations of service providers.

1. Representations and Warranties

1.1. Non-Infringement Warranty: By uploading any digital files or materials to our platform, you represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to use, reproduce, and distribute the materials. You further warrant that the materials do not infringe upon any third-party copyrights, trademarks, or other intellectual property rights.

1.2. Originality Warranty: You represent and warrant that all uploaded materials are original and do not contain any content that infringes on the intellectual property rights of any third party.

2. Proof of Ownership or License

2.1. Documentation: In cases where there is doubt or where the material is likely to be copyrighted, we reserve the right to request documentation that proves your ownership of the copyright or that you have obtained the necessary licenses to use and print the material.

3. Indemnification

3.1. Indemnification Agreement: You agree to indemnify, defend, and hold harmless collager.ai, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to any materials you upload to our platform, including but not limited to claims of copyright infringement.

4. DMCA Compliance

4.1. DMCA Policy: collager.ai is committed to complying with the Digital Millennium Copyright Act (DMCA) and respects the intellectual property rights of others. We will respond expeditiously to claims of copyright infringement committed using our services.

4.2. Notice-and-Takedown Procedure: If we receive a valid DMCA takedown notice, we will promptly remove or disable access to the allegedly infringing material. We will notify the client who uploaded the material, providing them with an opportunity to submit a counter-notification if they believe the takedown was in error.

4.3. Designated DMCA Agent: To file a DMCA takedown notice, please contact our designated DMCA agent at:

DMCA Agent’s Name: Evgenii Baryshnikov

Contact Information (dmca@collager.ai)

4.4. Repeat Infringer Policy: In accordance with the DMCA and other applicable laws, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may terminate user accounts that are subject to multiple or repeated claims of copyright infringement.

5. Client Acknowledgment

5.1. Acknowledgment of Terms: By using our services, you acknowledge and agree to comply with this Copyright and DMCA Compliance section of our Terms of Service. You understand that failure to adhere to these terms may result in the suspension or termination of your account and legal action, if necessary.

5.2. Acceptance of DMCA Policy: You acknowledge that you have read and understood our DMCA policy and agree to abide by its terms. You also agree to cooperate with any investigations or actions taken by collager.ai to enforce compliance with this policy.

6. Modifications to Policy

6.1. Policy Updates: collager.ai reserves the right to modify or update this Copyright and DMCA Compliance section at any time. Any changes will be effective immediately upon posting to our website. Your continued use of our services following the posting of any changes constitutes your acceptance of those changes.

7. Contact Information

7.1. Questions and Concerns: If you have any questions or concerns about this Copyright and DMCA Compliance section, please contact us at:

Your Company’s Contact Information

Email Address:dmca@collager.ai

Phone Number: +34603437491

By adhering to these guidelines, we aim to create a respectful and legally compliant environment for all users of our services. Thank you for your cooperation.

collager.ai recognizes the importance of trademarks and takes allegations of trademark infringement very seriously. If You are the trademark owner (or the authorized representative of the owner), You can report a claim of trademark infringement to us at trademark@collager.ai While we do not adjudicate disputes between parties, we will make every good faith effort to properly address the content You believe is infringing on Your trademark, including removing the infringing content or disabling access to the infringing content. However, in order to be assured that the claimed content is indeed infringing, we may require proof from You, such as, for example, a trademark registration certificate from the U.S. Patent and Trademark Office or a court order finding trademark infringement. Some services or products on the Website are created and operated by third party developers or service providers. As such, collager.ai does not have the ability to control the content made available through these applications or services. If You believe the trademark infringement is being done by a third party service provider and not collager.ai, we suggest contacting the third party directly with Your concerns. After contacting the third party service provider with Your concerns, please let us know if the alleged infringement persists.

Unlawful or Prohibited Use

You may not use this Website for any purpose that is unlawful, prohibited by these Terms of Service, or in any way interferes or attempts to interfere with the proper working of this Website. You may not use this Website in any manner that could damage, disable, overburden, or impair this Website, or that interferes with any third party’s use and enjoyment of this Website. You agree that You will not use any third-party software that intercepts, "mines", or otherwise collects information from or through the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by collager.ai to all users of this Website. You shall not institute, assist, or become involved in an attack upon any collager.ai server or otherwise attempt to disrupt the collager.ai servers. ANY ATTEMPT BY YOU TO DAMAGE COLLAGER.AI SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF COLLAGER.AI IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, COLLAGER.AI RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless collager.ai, its affiliates, officers, directors, agents, and employees, from and against any and all expense, loss, claim, damage, fine, penalty or liability, including without limitation all reasonable fees for attorneys and other professionals, resulting, whether directly or indirectly from Your violation of these Terms of Service , or payable under any judgment, verdict, court order or settlement, and to any and all extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of Your breach of these Terms of Service.

Use of Credits and Coupons

collager.ai allows You to create collages for free on the Website using Your images. Once You create a collage that You want to purchase, You must do so by using collager.ai’s credits (“Credits”) under the conditions and prices set forth on the Website. Credits can be purchased using any payment method made available to You by collager.ai from time to time. The Credits that You purchase will be credited to Your Account at the time of purchase and can be redeemed at any time following the purchase. Credits can also be bought with coupons (“Coupons”) and such Coupons will be redeemable at the time of purchase in the same manner as Credits.

collager.ai makes no warranty or guarantee that You will be able to use Credits to purchase all the Services available on the Website. collager.ai reserves the right to remove or amend the available payment methods at its sole discretion. collager.ai further reserves the right to change the purchase price for Credits at any time and at its sole discretion, as well as the ways in which Credits can be used.

Refund Policy

When You purchase Credits through the Website You will be entitled to a cancellation period (“Cancellation Period”) of ten (10) days during which time Your purchase price will be refunded, provided that You have not used any Services in any way, in which case the Cancellation Period will be extinguished and Your purchase of Credits will not be canceled or refunded.

The Cancellation Period and refunds do not apply to services or products purchased via a third party partner of collager.ai and will not provide refunds for purchases of services or products made through third party partners.

If You believe that collager.ai charged You in error, you must contact collager.ai within thirty (30) days of such charge. No refunds will be given for any charges more than thirty (30) days old. collager.ai reserves the right to refuse a refund request if it reasonably believes that: (i) You are trying to unfairly exploit this refund policy (e.g. by making repetitive refund requests, or making requests for refunds for Services that were used by You after purchase); (ii) if You are in breach of these Terms of Service or of collager.ai’s Privacy Policy; or (iii) if collager.ai reasonably suspects that You are using the Services or Website fraudulently or that Your Account is being used fraudulently by a third party.

If You have a balance of unused Credits for the period of time set forth by Your state, country, or other governing body in its unclaimed property laws, or if You delete Your account and leave a balance of unused Credits, or if collager.ai deactivates Your account and You do not meet any conditions set forth by collager.ai necessary to reinstate it within six (6) months, collager.ai may process Your balance in accordance with its legal obligations under Federal and state unclaimed property laws.

Contact by email

The Customer gives consent to receiving emails from the Service for purposes of information and advertising of its products and product developments and for news.

The Customer gives consent to being named as a reference by collager.ai.

The Customer may withdraw consent at any time by sending an email to team@collager.ai.

Feedback

You may from time to time provide suggestions, comments or other feedback to collager.ai with respect to any product, material, software or information provided by collager.ai (hereinafter “Feedback.”) You agree that all Feedback is and shall be entirely voluntary and shall not, absent a separate agreement, create any confidentiality obligation for collager.ai. However, collager.ai shall not disclose the source of any feedback without the providing party’s consent. collager.ai shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to You. The foregoing shall not, however, affect either party’s obligations hereunder with respect to the information protected pursuant to any collager.ai Privacy Policy, posted on the Website and available at https://collager.ai/privacy-policy.php.

Privacy

collager.ai respects Your privacy and the use and protection of Your personal information. Please see our Privacy Policy, available at https://collager.ai/privacy-policy.php for important information and disclosures relating to the collection and use of Your personal information in connection with Your use of the Website.

Ending Your Relationship with collager.ai

These Terms of Service will continue to apply until terminated by either You or collager.ai as set out in these Terms of Service. If You want to terminate Your legal agreement with collager.ai, You may do so by: (a) notifying collager.ai at any time and (b) closing Your accounts for all of the Services which You use. Your notice should be sent to support@collager.ai. collager.ai reserves the right to terminate its legal agreement with You at its sole discretion.

Assignment

collager.ai may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without Your consent. You, however, may not assign or delegate any rights or obligations under these Terms of Service without collager.ai’s prior written consent, and any unauthorized assignment and delegation by You is void and ineffective.