Terms Of Use

Effective date: July 24, 2023

Greetings and welcome to PIXEL ARTIFICIAL PTY LTD, a company incorporated under the laws of Australia, with the registered office Suite 7, Level 7, 330 Collins Street, Melbourne VIC 3000, Australian Company Number 668 017 445 (“Company”, “Octopus Scribble” “we”, “us” or “our”).

Your access to and usage of this website – https://staging.octopusscribble.xyz, as well as the information services provided within it, are governed by the terms of use outlined below (the “Terms”), so we kindly ask you to carefully read this information. The Terms are a binding legal contract between Octopus Scribble and you (“user”, “Client” “your”) and by using this website, including the services offered on it (collectively, “Services”), you indicate your agreement to comply with and be bound by these Terms.

Octopus Scribble retains the right to discontinue the provision of any Services and information available on this website, make modifications or updates or amend these Terms at any time without prior notice. Your continued use of Services following such changes indicates your acceptance of the updated Terms. If you do not agree with any of the terms stated here, it is advised that you refrain from using the Services, as well as any associated materials or resources that support its operation. 

1. Description of services

We are an artificial intelligence company that creates visual and textual content for small and medium businesses using neural networks and provides customers with a single point of entry for results and the ability to pay with convenient methods.

The user must be a legally capable individual who has attained the age of 18 or the age of majority in their jurisdiction (whichever is higher) in order to use the Services. By accessing the Services users affirm and guarantee that they possess full legal capacity and have attained the age of 18 or the age of majority.

2. User accounts 

If users wish to use our Services, it required you to register an account with us (“Account”). By creating an Account, the user acknowledges and agrees to the following registration rules: (i) we reserve the right to decline registration without providing a reason; (ii) during registration, the user must provide accurate information for your Account and must not use third-party data without proper authorization; (iii) the user’s contact details, such as email address or telephone number, must be unique, meaning no other user has previously registered using the same data; (iv) the user is responsible for keeping all registered information up to date, both during the registration process and while using the Services, as week as the user bears all risks associated with providing incorrect or irrelevant data; (v) we reserve the right to verify any data provided by the user during registration and while using the Services, including the user’s identity; (vi) the user is solely responsible for safeguarding their account access details, including creating appropriate backups. Account credentials must be kept secure, and we do not have access to the user’s account details. We are not responsible for any third-party access to the user’s account.

3. Content & Prohibited Conduct

You could provide input that you own to the Services, and receive output generated by the Services based on that input (collectively, “Content”). You are responsible for the Content you provide and must ensure that it does not violate any applicable law or these Terms. We assign to you all our rights, titles, and interest in and to the output. This means you can use the Content for any purpose, including commercial purposes like sale or publication, as long as you comply with these Terms. We also may use the Content to provide and maintain the Services, comply with applicable law, and enforce our policies. Please be aware that the output generated by the Services may not be unique across users. 

Prohibited Conduct and Content:

• Illegal Activities: Users are prohibited from engaging the Services in any unlawful activities. This includes but is not limited to the creation, distribution, or promotion of illegal Content, such as child exploitation, hate speech, terrorism, or any activity that violates applicable laws and regulations.
• Harmful or Offensive Content: Users must not create or distribute Content that is harmful, offensive, defamatory, abusive, discriminatory, or violates the rights of others. This includes Content that promotes violence, harassment, or discrimination based on race, gender, religion, sexual orientation, or any other protected characteristic.
• Intellectual Property Infringement: Users must respect intellectual property rights and not generate or distribute content that infringes upon copyrights, trademarks, patents, trade secrets, or any other proprietary rights of third parties.
• Privacy Violation: Users must not use the Services to generate or distribute Content that invades the privacy of individuals or violates any applicable data protection laws. This includes sharing personal information without consent or engaging in activities that compromise the security of sensitive data.
• Misinformation and Fake News: Users should refrain from intentionally creating or spreading false information or fake news through the Services. Misleading or deceptive content that can harm individuals, organizations, or society at large is strictly prohibited.
• Malicious Use: Users must not compromise the electronic integrity of the Services, including actions such as duplicating, decompiling, reverse engineering, disassembling, decoding, attempting to overcome the protection measures, or distributing malicious software that can harm us, or other users. The user is prohibited from using any robot, spider, crawlers, or other automatic devices, processes, software, or queries that intercept, “mine,” scrape, or otherwise access the Services to monitor, extract, copy, or collect information or data from or through the Services. Engaging in any manual process to achieve the same is also forbidden.
• Circumvention of Security Measures: Users should not attempt to bypass or undermine the security measures implemented by the AI company. Any unauthorized access, tampering, or disruption of the AI company’s systems or networks is strictly prohibited.
• Violation of Terms of Service: Any violation of these Terms, including engaging in prohibited conduct or content, may result in the termination or suspension of the user’s access to the Services.

Please be aware that it is forbidden to make a false claim that the output from the Services is human-generated when it is not.

4. Fees and Payments

Fees and Billing.
We offer the option to conveniently and securely settle payments for our services through the use of payment cards. We support the widely recognized and popular card systems Visa and MasterCard. Detailed pricing information can be found on our official website, which serves as a comprehensive resource for all relevant Fees.
We retain the right to change the Fees at any time and will inform you of any changes by posting an updated version on our website. By choosing to continue using our Service following the publication of an updated Fees or after being notified by other means, you indicate your consent to the revised Fees.

Taxes. All Fees are exclusive of taxes, and You are responsible for paying all taxes. As used in this Subsection, “taxes” include any sales, use, or other similar taxes (other than taxes on Octopus Scribble income), as well as any export and import fees, customs duties, or similar charges applicable to the transactions contemplated by these Terms that are imposed by a government or other authority.

5. Warranties and limitations of liability

We provide users with access to the Services under the conditions of “as is” and “as available.” We cannot guarantee uninterrupted or timely access to the Services, nor can we guarantee that they will be free from errors/bugs. We also cannot guarantee that the Services will function properly on all devices or under all circumstances. However, we will exert reasonable efforts to ensure their proper functioning.

The Services may contain links to third-party websites and resources. We are not responsible for the content of these third-party websites and resources, and we do not exercise control over them. Users bear the risk and responsibility of using such third-party websites and resources. 

We along with any of our affiliates (including employees, contractors, shareholders, agents, representatives, referrals, partners, advertising and promotional agencies, and other service providers, as well as any other representatives and legal advisers) shall not, in any circumstances, have any liability for any losses which may be suffered by the Services, which fall within any losses of profits, anticipated savings, business opportunity, use, goodwill, or any reputational damage, data, or any special, indirect or consequential loss.

The user agrees to indemnify, defend, and hold us and our affiliates harmless from any claims, lawsuits, or statements, including the payment of legal fees, that arise from the user’s use of the Services, the user’s violation, or non-compliance with the Terms, infringement of third-party rights, or any other actions or inactions by the user.

We along with any and of our affiliates (including employees, contractors, shareholders, agents, representatives, partners, advertising and promotional agencies, and other service providers, as well as any other representatives and legal advisers) are not liable for any unethical, unauthorized, illegal, or unlawful use of the Services. This includes lawsuits, unfair advertising, loss of reputation or financial compensation, resignation, termination of cooperation, and any other disciplinary and legal consequences. The user assumes full responsibility for any disciplinary and legal consequences resulting from the illegal, unethical, and/or infringing use of the Services.

6. Dispute resolution and governing law

These Terms and Services are governed by, construed, and enforced in accordance with the law of the State of Victoria, Australia. Any Dispute arising between us shall be settled by direct negotiation between us. Failing this, you and we irrevocably and unconditionally submit to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia. 

7. Term and Termination

The Terms remain in effect until either the user or we decide to terminate our cooperation. However, we retain the right, at our sole discretion and without prior notice, to terminate the Terms, suspend or terminate the user’s access to the Services, specific sections, or information materials, or suspend/terminate the user’s account (block or freeze). The Terms may also be terminated by us if the user violates any of the terms outlined in the agreement or its integral parts.

The user may terminate the cooperation between us by providing a ten (10) calendar day notice via email to [email protected], or by deleting the user’s account if such functionality is supported by us.

Upon termination of the Terms, the user’s access to the Services will be restricted, and their account will be deactivated. If the user continues to use the website as a user or initiates a re-registration after termination, it will be considered as their intention to be bound by the terms of the Terms again, thus establishing a new contractual relationship.

8. Miscellaneous 

These Terms represent the complete agreement between the user and us, with the Privacy Policy and Cookies Policy forming an integral part of these Terms, when referring to the Terms, it encompasses all of its integral parts.

The fact that we do not exercise or enforce any right or provision outlined in these Terms does not constitute a waiver of that right or provision.

You are not allowed to assign or transfer your rights under these Terms, whether by operation of law or otherwise, without obtaining our prior written consent. Any attempt by you to assign or transfer your rights under these Terms without obtaining such consent will be deemed null and void. We, however, reserve the right to freely assign or transfer our rights and obligations under these Terms without any restrictions.

No partnership, recruitment, or joint venture relationship is established between the user and us. Neither the user nor we act as agents for each other. As such, neither the user nor we have the authority to enter contracts or conduct transactions on behalf of the other party or represent each other.

All communication between the user and us will be conducted in English. Messages, requests, inquiries, statements, and permissions may be transmitted through any available means.

Sanctions policy.  By using our Services, you acknowledge and agree to comply with all applicable sanction laws, and regulations, including but not limited to those enforced by the OFAC and Australian authorities. You are prohibited from using our Services for any activities that violate sanctions laws. Our Services prohibit engagement with individuals, entities, or countries that are subject to sanctions. This includes but is not limited to individuals listed on OFAC’s Specially Designated Nationals (SDN) List or the Australian Consolidated List of designated persons and entities. If we have reasonable grounds to believe that a user has engaged in sanction-related violations, we reserve the right to report such activities to the appropriate authorities in accordance with applicable laws and terminate Services without prior notification. 

The headings used in the Terms are provided for convenience and ease of understanding and should not be used to interpret the terms and conditions of the Terms.

The terms “including” and “in particular” should be understood as providing examples or emphasis and should not be interpreted as limiting the scope of preceding statements. They are meant to illustrate without restricting the general application of the preceding words.

In case any provision of these Terms becomes invalid or ineffective or if for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the other provisions of these Terms are not affected and are still valid and effective. Such provisions of these Terms shall be enforced to the maximum extent permissible to the intent of you and we and the remainder of these Terms shall remain in full force and effect.

9. Contact us

If you have any questions regarding these Terms or Services, please feel free to reach out to us via email at [email protected] or through our mailing address:

PIXEL ARTIFICIAL PTY LTD

Suite 7, Level 7, 330 Collins Street, Melbourne VIC 3000

10. Feedback

Octopus Scribble values and appreciates feedback, comments, and suggestions for improving the Services. The user acknowledges and agrees that providing feedback does not grant the user any special rights, ownership, or interests in the Services. All feedback submitted becomes our exclusive property, and we have the right to use and disclose the feedback in any manner and for any purpose without further notice or compensation to the user. The user relinquishes all rights, including but not limited to copyright, trade secret, know-how, moral rights, and other intellectual property rights, to the maximum extent permitted by applicable law, by assigning them to us.

11. Additions and changes

We retain the right to modify these Terms at any time and will inform you of any changes by posting an updated version on our website. By choosing to continue using our Service following the publication of an updated Terms or after being notified by other means, you indicate your consent to the revised Terms.