Terms of Service

Terms of service for Emovart
Jan 28, 2025

Introduction and Acceptance of Terms

Welcome to Emovart. These Terms of Service ("Terms") govern your access to and use of our AI-powered design platform. By creating an account, accessing, or using our service, you agree to be bound by these Terms, our Privacy Policy, and any additional policies referenced herein.

If you are using Emovart on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

Service Description

Emovart provides an AI-powered platform for designing app mockups and interfaces, including:

  • AI-assisted design generation
  • Visual editor and canvas tools
  • Component library
  • Project management
  • Design preview and export capabilities

Eligibility Requirements

To use Emovart, you must:

  • Be at least 13 years of age (or 16 years of age if you reside in the European Economic Area)
  • Have the legal capacity to enter into a binding agreement
  • Not be prohibited by applicable law from using the service
  • Provide accurate and complete registration information

User Accounts

Account Creation

You may register for an account using:

  • Email authentication
  • GitHub authentication
  • Google authentication

Account Responsibilities

  • You are responsible for maintaining the confidentiality of your account credentials
  • You are responsible for all activities that occur under your account
  • You must notify us immediately of any unauthorized use of your account
  • Account sharing, creation of multiple accounts, and account transfers are prohibited
  • We are not liable for any loss or damage arising from your failure to protect your credentials

Content Ownership

Your Content

You retain ownership of all content you create using Emovart ("User Content"). By using our service, you grant Emovart a worldwide, non-exclusive, royalty-free license to:

  • Store, process, and display your content
  • Use your content to provide and improve our services
  • Create backups and copies for service maintenance

This license terminates when you delete your content or account, except for:

  • Content that has been shared with other users
  • Content retained for legal compliance
  • Anonymized data used for service improvement

Your Warranties

You warrant that:

  • You own or have the necessary rights to your content
  • Your content does not infringe on any third-party rights
  • Your content complies with these Terms and applicable laws

AI-Generated Content

Usage Rights

You may use, modify, and distribute AI-generated outputs created through Emovart for both personal and commercial purposes.

Important Disclaimers

  • We do not guarantee the accuracy, originality, or non-infringement of AI-generated content
  • You are responsible for reviewing and validating AI outputs before production use
  • Similar or identical outputs may be generated for different users
  • AI-generated content should be reviewed for appropriateness and accuracy

Training Data

Your content will not be used to train AI models without your explicit consent.

Subscription and Payments

Billing

  • Subscriptions are billed monthly or annually through Stripe
  • All prices are in USD unless otherwise specified
  • Automatic renewal occurs unless you cancel before the billing period ends

Refunds

  • Refund requests must be made within 24 hours of purchase
  • Refunds are calculated as unused credits minus a 30% processing fee
  • Credits are non-transferable and non-refundable outside the refund window

Price Changes

  • We will provide at least 30 days' notice for any price changes
  • Continued use after price changes constitutes acceptance

Credits

  • Credits are tied to your account and subscription plan
  • Credits expire according to your plan terms
  • Unused credits do not roll over unless specified in your plan

Acceptable Use Policy

You agree not to use Emovart to:

  • Create, upload, or distribute illegal content
  • Reverse engineer, decompile, or attempt to extract source code
  • Circumvent security measures or access controls
  • Scrape data or use automated tools to access the service
  • Distribute malware, viruses, or harmful code
  • Harass, abuse, or threaten others
  • Create or distribute hate speech or violent content
  • Generate sexually explicit material
  • Spread false or misleading information
  • Violate the privacy rights of others
  • Infringe on intellectual property rights

Privacy and Data Collection

We collect and process data as described in our Privacy Policy. By using Emovart, you consent to such collection and processing.

Termination

By You

You may cancel your subscription at any time. Access continues until the end of your current billing period.

By Us

We may suspend or terminate your access for:

  • Violation of these Terms
  • Security risks to the platform or other users
  • Non-payment of fees
  • Legal or regulatory requirements
  • Service discontinuation

Effect of Termination

Upon termination:

  • Your right to access the service ends immediately or at the billing period's end
  • Your content may be deleted after a reasonable retention period
  • Provisions that by their nature should survive will continue in effect

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

  • The service will be uninterrupted, secure, or error-free
  • Results obtained will be accurate or reliable
  • AI-generated content will meet your requirements or be free from errors
  • Defects will be corrected

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • Our total liability shall not exceed the greater of (A) amounts you paid us in the 12 months preceding the claim, or (B) $100 USD
  • We are not liable for any indirect, incidental, special, consequential, or punitive damages
  • We are not liable for loss of profits, data, or business opportunities

Indemnification

You agree to indemnify and hold harmless Emovart, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses arising from:

  • Your use of the service
  • Your violation of these Terms
  • Your content
  • Your violation of any third-party rights

Dispute Resolution

Informal Resolution

Before filing a formal claim, you agree to contact us and attempt to resolve the dispute informally.

Arbitration

Any disputes that cannot be resolved informally will be resolved through binding arbitration, except for:

  • Claims eligible for small claims court
  • Claims for injunctive relief related to intellectual property

Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions.

Force Majeure

We are not liable for delays or failures in performance resulting from circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

General Provisions

Modifications

We may update these Terms from time to time. Material changes will be communicated via email or prominent notice on our website. Continued use after changes constitutes acceptance.

Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and Emovart.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

No Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment

You may not assign your rights under these Terms. We may assign our rights without restriction.

Governing Law

These Terms are governed by applicable law without regard to conflict of law principles.

Contact Information

If you have questions about these Terms, please contact us:

Email: support@emovart.studio

By using Emovart, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.