Terms and Conditions
Grafixeo's Terms of Service
1. Acceptance of Terms
This Agreement, referred to as the ‘Terms of Service,’ establishes the terms and conditions between REYVEA CREATIVE LTD, also known as ‘Grafixeo’ or ‘we,’ and yourself in relation to your use of our web platform, which can be accessed at www.grafixeo.com and is referred to as the ‘Site.’ It covers the use of our subscription services and any other services we provide, collectively referred to as the ‘Services.’ By accessing this Site and using our Services in any manner, you confirm that you have read, comprehended, and consent to be bound by the terms outlined in this Agreement.
Our Site is administered and operated by us from our offices in Mauritius. We do not guarantee that the materials on this Site are suitable or accessible for use in other locations, and access from regions where the content is deemed illegal is not allowed. Individuals who opt to access this site are responsible for complying with all relevant laws within their country.
This Agreement may be subject to updates over time. By continuing to use this Site and its Services following any updates, you are agreeing to the updated terms in their entirety. All updates become effective as soon as they are posted. We recommend checking the ‘Terms of Service’ link on the homepage each time you visit this Site to stay informed about any changes.
2. Privacy Policy
2.1. Our Privacy Policy, accessible at https://grafixeo.com/privacy-policy/ (referred to as the ‘Privacy Policy’), outlines the manner in which we may utilize your personal information. Your ongoing use of this Site implies your acceptance of the Privacy Policy, which is hereby integrated by reference. If you have reservations about the usage of your personal information in accordance with the Privacy Policy, we kindly request you to exit this Site promptly. Please note that you must be at least 18 years of age to access this Site.
3. The Services
3.1 If you adhere to the terms of this Agreement and have subscribed to a relevant plan while ensuring we receive your payments on time, we will provide you with the applicable Services during your subscribed term. We will make reasonable efforts to keep the Services available, except during scheduled downtimes and unforeseen emergency maintenance. However, please be aware that we reserve the right to modify, replace, or discontinue the Services at any time, without prior notice.
3.2 Access and use of the Services are permitted only in accordance with this Agreement. By using the Services, you agree to:
(i) Provide accurate, current, and complete information as prompted in any forms on this Site (referred to as “Registration Data”).
(ii) Keep the Registration Data accurate, current, and complete.
(iii) Maintain the security of your password and identification information.
(iv) Promptly inform us of any unauthorized account usage.
(v) Take sole responsibility for all activities occurring on your account.
Each user of the Services must have a separate username and password. You must provide a valid email address for each authorized user of your account and comply with any additional reasonable requests for information from us.
3.3 You are responsible for acquiring and maintaining all necessary telecommunications, broadband, computer equipment, and related services required to access and utilize the Services. You are also responsible for covering all associated charges.
3.4 We reserve the right to terminate your account without prior notice or liability if, in our sole and exclusive judgment, you:
(i) Violate the terms of this Agreement.
(ii) Are not aligned with our model.
(iii) Share usernames or passwords.
(iv) Violate our core values.
(v) Misuse our services or team in any manner, including using our services for illegal purposes.
3.5 “Deliverables” refer to content we develop specifically for you based on your design requests. Deliverables do not include Licensed Content, which is subject to certain licensing restrictions.
3.6 “Licensed Content” comprises pre-existing content elements, including artwork, stock photographs, audio, typeface, video, designs, and writings that we own or license from third parties. While you retain sole and exclusive ownership of all rights, titles, and interests in the Deliverables, the Licensed Content integrated into the Deliverables is subject to the licensing terms described in Section 5 below. No rights are granted to you for any Licensed Content beyond what is expressly stated herein.
3.7 Provided you continue to adhere to this Agreement and make timely payments, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. You may not use the Services for competitive purposes, monitor its availability, performance, or functionality. You may not, and may not allow any third party to:
(a) Reverse engineer, decompile, disassemble, or attempt to discover source code, object code, or underlying structures, ideas, or algorithms of the Services (except where permitted by statutory law).
(b) Modify, translate, or create derivative works based on the Services.
(c) Use the Services for any purpose other than your own internal purposes.
(d) Use the Services in a manner that contravenes this Agreement and violates applicable laws and regulations, including privacy and intellectual property laws.
3.8 You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit any feedback, suggestions, or recommendations that you provide to us in any manner.
4. Use of the Services
4.1 You can utilize the Services for a range of projects and scopes as defined by your subscription under the applicable plan and in line with the size of your account. While we welcome unlimited requests for Deliverables and revisions, the volume of work we can produce depends on several factors, such as the total request volume and complexity. We will make every effort to accommodate priority items and your timelines, but we recommend refraining from using our Services for time-sensitive projects.
4.2 We strive to minimize errors in the final Deliverables. However, due to the creative design nature, we cannot guarantee that all Deliverables will be entirely error-free. When we provide you with a file, you agree to review and proofread it for errors or omissions, and notify us of any necessary changes or corrections within seven (7) days of receipt. We will prioritize edits to rectify any mistakes you report during this timeframe. If you report errors after this period, we are not obligated to but will attempt to cooperate with you to make corrections.
4.3 The speed of your account is determined by the number of subscriptions you hold. A subscription measures output and indicates what we can accomplish in a business day, considering factors like:
(i) The type of plan.
(ii) The volume of requests.
(iii) The complexity of requests.
We cannot guarantee the volume of work achievable with a single subscription. To increase your daily output capacity, we recommend adding subscriptions to your account.
4.4 You are the owner and/or controller of all information, data, or materials you provide for us to use the Services (referred to as “Customer Content”). By submitting Customer Content, you affirm that you are the owner of such content and/or possess the necessary rights, licenses, and authorization to distribute it. You grant us a worldwide, royalty-free, non-exclusive license to access and use Customer Content for the purpose of providing the Services.
4.5 You maintain sole and exclusive ownership of all rights, titles, and interests in the Deliverables, including all intellectual property rights. In cases where Deliverables qualify as “work made for hire”, they are considered as such for you. For Deliverables that do not fall under “work made for hire,” you are assigned all rights, titles, and interests globally, including intellectual property rights. However, this assignment is contingent on your compliance with this Agreement, full payment of applicable amounts, and the terms in Sections 4.7 and 5 below. You grant us a limited, non-exclusive, non-sublicensable, royalty-free worldwide license to use, host, run, copy, reproduce, process, adapt, translate, publish, transmit, display, and distribute any Deliverables created in connection with the Services solely to provide the Services and manage your account. We may also use Deliverables and other information regarding you and your use of the Services for internal improvements and for aggregated representations of our Services for marketing and advertising purposes.
4.6 Grafixeo strictly opposes and will not tolerate the Service being used for discriminatory purposes, especially based on factors such as race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. Using the Service to incite, promote, or support such discrimination, as well as promoting hostility or violence, is prohibited. If we determine, at our sole discretion, that the Service is being used for discrimination, particularly against the mentioned factors, we may permanently or temporarily terminate or suspend your access to the Service without notice or liability.
4.7 The Services may offer the option to use AI-generated content as part of your Deliverable. When you choose to utilize AI-generated content or consent to its use, you agree to comply with OpenAI’s terms of use related to AI-generated content (available at https://openai.com/policies/terms-of-use and incorporated herein by reference), or any other terms specified by us when you request or consent to AI-generated content usage. OpenAI’s terms of use are separate from and supplementary to Grafixeo’s Terms of Service, which will continue to apply in full force. We have limited control over AI-generated content and make no warranties or representations regarding its accuracy, completeness, reliability, ownership, or non-infringement. By requesting or consenting to the use of AI-generated content, you acknowledge and accept that any use of such content is at your own risk.
5. Use of Licensed Content
5.1 Provided you comply with this Agreement and make full payment of the applicable fees, we grant you a revocable, non-exclusive, non-transferable, royalty-free, worldwide license for the use of Licensed Content within a Deliverable for personal or professional purposes. Licensed Content can only be used once in a single Deliverable, and you may broadcast, display, distribute, or reproduce the Deliverable containing the Licensed Content as part of that specific Deliverable. If you intend to use the Licensed Content for another project, end product, or a different purpose, you must acquire an additional license. Stand-alone use of the Licensed Content is not permitted. You agree not to directly or indirectly stockpile, sell, lease, sublicense, distribute, copy, reproduce, republish, reverse engineer, download, data mine, or modify any Licensed Content made available to you, except as expressly permitted by us.
5.2 In cases where we license the Licensed Content from third parties, such as Adobe Stock or Envato, you must adhere to the relevant third-party licenses. These third-party licenses, including the Adobe Stock General Terms and Product Specific Licensing Terms (available at https://www.adobe.com/legal/terms/enterprise-licensing.html) and the Envato Elements License terms (available at https://elements.envato.com/license-terms), are separate from and supplementary to Grafixeo’s Terms of Service, which will remain in full effect. Without our written consent, you are prohibited from:
(i) Selling, reselling, renting, leasing, sublicensing, assigning, granting a security interest in, or transferring any rights to use Licensed Content separately from the Deliverable it is incorporated into. (ii) Modifying, altering, adapting, translating, converting, or creating derivative works from any Licensed Content. (iii) Falsely representing yourself as the original creator of any Licensed Content. (iv) Using Licensed Content in a manner that is pornographic, defamatory, or otherwise unlawful. (v) Using Licensed Content in a way that enables others to download, extract, or redistribute it as a standalone file or work. (vi) Using Licensed Content featuring models or property in connection with subjects that may be unflattering or unduly controversial to a reasonable person (e.g., sexually transmitted diseases). In such cases, you must indicate that the content is for illustrative purposes only and that any person depicted in the content is a model.
5.3 Ownership of Licensed Content, whether obtained through our stock services or integrated into your Deliverable, remains with our licensors and us. We retain the right to terminate, revoke, or withdraw all licenses if you fail to comply with any provisions of this Agreement. In the event of such termination, you will no longer have the right to use the Licensed Content, including any Licensed Content incorporated in your Deliverable.
6. Fees
6.1 To utilize our Services, you are required to make recurring payments. Prior to our obligation to provide Services, you must settle the fees and applicable taxes in full, in the amounts and billing frequency specified during your registration, and as updated by you prospectively, not retroactively. All fees are to be paid upon receiving an invoice. The absence of an invoice from Grafixeo does not exempt you from your responsibility to adhere to the specified payment terms established during your registration. Upon registration for the Services, you grant us authorization to charge your selected payment method (e.g., credit card) for the fees and applicable taxes starting from your registration date, based on your chosen billing frequency (e.g., monthly, quarterly, annually). In case of overdue charges, interest will accumulate monthly at a rate of 1.5% of the outstanding unpaid balance or the maximum rate allowed by law, whichever is lower. We retain the right to suspend or terminate your account if you fail to make timely payments. All amounts owed under this Agreement are non-cancelable and non-refundable, except as explicitly outlined in this Section 6.
6.2 We have the right to modify our fees with a notice of at least 5 days in advance. Your continued use of the Services implies your acceptance of these changes. Temporary promotions or fee reductions are not subject to individual notifications.
6.3 You can cancel your subscription with us at any time, either directly within our application or by reaching out to our support team. If you cancel before the next renewal cycle, you can continue to use your account and access your design files until the end of your paid billing term. Once your subscription expires, your access to our Services and all associated design files will be discontinued. We do not issue refunds or credits for partial months of service, account downgrades, or unused time.
7. Confidential Information
7.1 In the context of this Agreement, “Confidential Information” refers to non-public or proprietary information, encompassing details related to present or future business activities, products and services, research, visual content, development, design specifications, and marketing strategies, among other things.
7.2 Throughout our partnership, you may share your Confidential Information with us. We pledge to maintain the confidentiality of your Confidential Information and refrain from disclosing it to any third party, except with your written approval or direction. We will only utilize your Confidential Information for the purpose of providing Services and restrict access to it solely for employees, officers, directors, contractors, representatives, and agents directly involved in delivering Services to you. We assume responsibility for any violation of this provision by our employees, officers, directors, contractors, representatives, and agents.
7.3 Similarly, during our collaboration, we may disclose our Confidential Information to you. You commit to preserving the confidentiality of our Confidential Information and not sharing it with any third party, except as authorized or directed in writing by us. You will employ our Confidential Information exclusively as permitted by this Agreement and limit its accessibility to employees, officers, directors, contractors, representatives, and agents who require access to our Confidential Information. You are responsible for any breach of this provision by your employees, officers, directors, contractors, representatives, and agents.
7.4 Regardless of the terms in this Agreement, the following are not considered Confidential Information:
(a) Information that was already publicly available or entered the public domain without breaching this Agreement. (b) Information that was legitimately possessed by a party at the time of disclosure. (c) Information independently developed by a party without violating this Agreement. (d) Information that a party becomes aware of, without any restrictions, from a third-party source not involved in any direct or indirect breach of this Agreement.
7.5 The obligations of confidentiality outlined in this Agreement will remain in effect for a period of five (5) years following the termination of this Agreement.
8. Publicity
8.1 Unless you explicitly inform us otherwise in writing, specifying any reasonable restrictions or requirements, you consent to our disclosure that you are a customer and to the use of your name(s) and logo(s) in the following contexts:
(a) Our digital, online, and printed marketing materials, which includes our websites. (b) External-facing presentations, including those directed towards individual clients and potential prospects.
9. Term and Termination
9.1 This Agreement will conclude and cease to be valid upon the expiration or termination of your account or subscription to a Service. It’s important to note that certain sections of this Agreement, naturally requiring continuation beyond termination, will persist, including, but not limited to, accrued rights to payment, obligations regarding confidentiality, disclaimers of warranties, and limitations on liability.
9.2 We reserve the right to terminate this Agreement with notice in the event of your default or breach of this Agreement. In the event your account or subscription to a Service expires or is terminated, all rights pertaining to the respective Service under this Agreement will immediately end. This includes the loss of access to the relevant Service, your account, and any Customer Content or other files. In cases where we terminate the Agreement due to your breach, licenses for Licensed Content will also be terminated.
10. Disclaimer of Warranties
10.1 With the exception of the terms specified in Section 9.1, the Site and the Services, encompassing Deliverables, Licensed Content, and AI-generated Content, are provided “as is” and “as available.” We do not make any guarantees or warranties regarding our Services, and, to the extent permitted by the law, we disclaim all warranties, whether expressed or implied. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, and other rights. These disclaimers apply regardless of whether the warranties are expressed orally or in writing and regardless of whether they arise from the law, course of dealing, course of performance, usage, trade, or any other source
11. Liability Waiver
11.1 We shall not be held liable for any losses of profits, revenues, data, financial damages, or any indirect, special, consequential, exemplary, or punitive damages resulting from the use or inability to use this Site. In compliance with applicable law, our overall liability for any claims arising from these Terms, including both implied and expressed warranties, will not exceed the sum of fifty dollars ($50.00), irrespective of the cause of action, be it in tort, contract, or any other legal basis. This paragraph does not affect any liability that cannot be excluded or limited according to applicable law.
12. Indemnification
12.1 You commit to defending, indemnifying, and safeguarding us against any claims, liabilities, damages, losses, and expenses, which may include reasonable attorney’s fees and costs. These claims must be related in any manner to Customer Content or the use of the Services, including any Deliverables, Licensed Content, or AI-generated Content. This also encompasses any violations of third-party license terms. You will cooperate as needed by us in the defense of any claim. We retain the right to assume exclusive control and management of any matter subject to indemnification by you, and you may not settle any claim without obtaining our prior written consent.
13. Links to Third-Party Platforms
13.1 In the event that this Site is accessible via a third-party platform or if we offer links from this Site to any third-party platform, we disclaim any responsibility for the content or practices of these third parties.
14. Digital Millennium Copyright Act
14.1 We treat allegations of copyright infringement with the utmost seriousness. We will respond to notices regarding suspected copyright infringement in compliance with applicable law. If you believe that materials accessible on this Site infringe upon your copyright, you can request the removal of those materials from this Site by submitting a written notification to our designated agent, as indicated below.
14.2 The written notification (the “DMCA Notice”) should include the following elements: (1) your physical or electronic signature; (2) clear identification of the copyrighted work you believe has been infringed upon or, if the claim involves multiple works on this Site, a representative list of those works; (3) precise identification of the material you consider to be infringing, with sufficient detail for us to locate it; (4) your contact information, including your name, postal address, telephone number, and, if available, email address; (5) a statement expressing your good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (6) a declaration that the information in the written notice is accurate; and (7) a statement, made under penalty of perjury, confirming that you are authorized to act on behalf of the copyright owner.
15. Force Majeure
15.1 In the event that we are unable to fulfill any obligations as outlined in this Agreement due to circumstances beyond our reasonable control, which may include, but are not limited to, events such as a pandemic, widespread outbreak of infectious diseases, government shutdown, lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial or labor disputes (regardless of our employees’ involvement), government actions, disruptions in telecommunications, utility services, or other third-party services, and hostile network attacks (each referred to as a “Force Majeure Event”), we shall not be held liable to you for our inability to perform during such instances. However, we commit to promptly resume our obligations once the circumstances causing the Force Majeure Event have been resolved.
16. Assignment
16.1 This Agreement and the associated rights and responsibilities are specific to you and may not be transferred or assigned by you without our prior written consent. We retain the option to freely assign this Agreement, including but not limited to circumstances such as mergers, acquisitions, bankruptcy, reorganization, or the sale of a portion or the entirety of our assets or stock.
17. Severability
17.1 In the event that one or more provisions of this Agreement are deemed invalid, illegal, or unenforceable by a court with appropriate jurisdiction for any reason, the remaining provisions of this Agreement will remain unaffected and continue to be in full force and effect. The invalid, illegal, or unenforceable provision(s) will be replaced by a valid, legal, and enforceable provision or provisions that most closely align with the original intent of the parties, underlying the invalid, illegal, or unenforceable provision(s).
18. Non-Waiver
18.1 The absence of action by either party regarding any right granted under this Agreement does not imply a waiver of any other rights hereunder. Any waiver by either party of a specific term or condition within this Agreement or of any breach, even in a single occurrence, will not result in a waiver of that term or condition or any subsequent breaches.
19. Entire Agreement
19.1 If you have entered into a distinct agreement with us that pertains to your usage of this Site or our Services, the terms and conditions of that particular agreement take precedence in the event of any conflicts with this Agreement. In all other circumstances, this Agreement serves as the comprehensive understanding between the parties concerning its subject matter and supersedes all preceding communications and proposals.
20. Money Back Guarantee
20.1 We are committed to ensuring your satisfaction with our products/services. To provide you with peace of mind and confidence in your purchase, we offer a 14-day money-back guarantee. Please carefully review the following terms and conditions:
20.2 Eligibility:
The money-back guarantee is applicable to the first 14 days from the date of your initial purchase.
This guarantee is valid for new customers only.
20.3 Request Process:
To initiate a refund, contact our customer support team within the specified 14-day period.
Refund requests must be submitted via help@grafixeo.com, providing your order details and the reason for your dissatisfaction.
20.4 Refund Criteria:
Refunds are only applicable to the initial purchase price and do not include additional fees, such as shipping or transaction charges.
The product/service must be in its original condition and not subject to misuse or damage.
20.5 Processing Time:
Refunds will be processed within 7 business days from the date of approval.
You will be notified via mail once the refund has been processed.
20.6 Payment Method:
Refunds will be issued to the original payment method used during the purchase.
20.7 Exclusions:
This guarantee does not apply to certain products/services explicitly mentioned during the purchase process.
Customized or personalized items/services may be exempt from the money-back guarantee.
20.8 Termination of Service:
Refunding the purchase price will result in the termination of access to the related product/service.
20.9 Right to Modify:
We reserve the right to modify or terminate the 14-day money-back guarantee at our discretion.
By making a purchase with us, you acknowledge and agree to abide by these 14-Day Money Back Guarantee Terms and Conditions. If you have any questions or concerns, please contact our customer support team for assistance.