Welcome to CleverCreator AI!
Terms and Conditions
Version: 1.3 | Effective Date: January 20, 2024
By accessing or using the CleverCreator.ai platform (the “Platform”) and any related services (the “Services”), you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, please discontinue use immediately.
1. Definitions
Platform: The website, applications, APIs, and all related functionality provided by CleverCreator.ai.
Services: AI‑powered image generation, content‑creation tools, and related offerings.
You/User: Any individual or entity accessing the Platform or Services.
Account: Your unique login credentials and profile on the Platform.
User Content: Text, images, audio, or other materials you upload or create via the Services.
Subscription: A free or paid plan that grants access to specified features.
2. Acceptance & Changes
Eligibility: You represent that you are at least 13 years old (or older, if required by law) and have authority to accept these Terms.
Agreement: By registering or using the Services, you accept and agree to these Terms and any future modifications.
Updates: We may update these Terms periodically. Material changes will be communicated via email or Platform notice at least 30 days in advance. Continued use after such notice constitutes acceptance.
3. Account Registration & Security
Registration: To use certain Services, you must create an Account with accurate, complete information.
Credentials: You are responsible for maintaining the confidentiality of your password and for all activities under your Account. Immediately notify us of any unauthorized use.
Inactivity: Accounts inactive for 12 months may be closed and deleted, along with associated User Content.
4. Subscriptions, Billing & Cancellation
Free Plan: Offers basic access, watermark on AI outputs, non‑commercial use only.
Paid Plans: Unlock watermark‑free outputs, commercial licensing, higher usage quotas.
Billing: Paid Subscriptions automatically renew at the end of each billing cycle unless canceled. Payment is processed by third‑party providers (e.g., Stripe, PayPal). We do not store your payment card details.
Upgrades/Downgrades: You may change plans at any time; billing adjustments are prorated.
Cancellation & Refunds:
Cancel via Account settings; takes effect at cycle end.
Refunds are granted only per our [Refund Policy] or as required by law.
5. License Grant & Restrictions
To You: We grant you a limited, non‑exclusive, non‑transferable license to access and use the Services for lawful personal or business purposes.
Prohibited Uses: You may not reverse engineer, decompile, scrape data, circumvent security, create derivative platforms, impersonate others, or use the Services for illegal or infringing activities.
6. Ownership & User Content
Your Rights: You retain all intellectual property rights in your inputs and AI‑generated outputs.
CleverCreator.ai License: You grant us a non‑exclusive, worldwide license to store, display, and process your User Content solely to provide and improve the Services.
Commercial Licensing: Paid Subscribers receive a perpetual, royalty‑free commercial license to use, modify, and distribute their AI‑generated outputs without watermarking.
7. Third‑Party Integrations
LLM Providers: We integrate with OpenAI (e.g., GPT, DALL·E), Stable Diffusion, Anthropic’s Claude, and other models. We do not train or control these models.
API Services: We may connect to your Google Drive or OneDrive for file import/export. Usage of those services is subject to their own terms and privacy policies. We access only what you explicitly authorize.
No Model Liability: We disclaim any responsibility for model training data or performance. All outputs are provided “as‑is”; you must verify accuracy, legality, and appropriateness before use.
8. Copyright & DMCA
No Warranty: We make no warranty that AI outputs are free of third‑party rights. You are solely responsible for obtaining any necessary permissions or licenses.
DMCA Notices: To report infringing content, send a compliant takedown notice to our Designated Agent at contact@clevercreator.ai. We will promptly respond and may terminate repeat infringers.
9. Indemnification
You agree to indemnify, defend, and hold harmless CleverCreator.ai and its affiliates from any claims, damages, or expenses arising from:
Your breach of these Terms.
Your use of AI outputs in violation of third‑party rights or applicable laws.
Your misuse of third‑party integrations or model outputs.
10. No Warranty & Limitation of Liability
As‑Is: Services are provided “as‑is” and “as‑available,” without warranty of any kind.
Liability Cap: Our total liability for any claim is limited to the lesser of (a) the fees you paid in the 12 months prior or (b) US $100. We are not liable for indirect, special, incidental, or consequential damages.
11. Vendor Due Diligence & Security
Vendor Standards: We only engage vendors with strong security certifications (e.g., SOC 2, ISO 27001) and require Data Processing Agreements including cross‑border safeguards.
Data Security: We employ encryption in transit (TLS 1.2+) and at rest (AES‑256), access controls, and regular security audits.
Business Continuity: Regular backups and annual disaster‑recovery tests ensure data availability.
12. Data Protection & Privacy Compliance
GDPR: We maintain processing records and respond to data‑subject requests within 30 days.
CCPA/CPRA: California residents may request disclosure, deletion, or opt‑out of data “sales” via our “Do Not Sell My Personal Information” link.
COPPA: Services are not directed to children under 13; we do not knowingly collect their data.
13. Automated Decision‑Making
We do not employ fully automated decision‑making that produces legal or similarly significant effects.
14. Dispute Resolution & Governing Law
These Terms are governed by the laws of New York. Disputes will be resolved first by good‑faith negotiation, then by binding arbitration under AAA Commercial Arbitration Rules in New York County.
15. Non‑Discrimination
You will not face service limitations or penalties for exercising any rights under these Terms or applicable privacy laws.
16. Contact Us
For questions, notices, or to exercise your rights, email contact@clevercreator.ai. We acknowledge inquiries within 5 business days and resolve them within 30 days.
