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Terms & Conditions

Welcome to Crafty Art! These Terms of Use apply to your use of Crafty Art’s online graphic design platform. By using the service, you agree that these terms will become a legally binding agreement between you and the Crafty Art contracting entity identified in these terms. At Crafty Art, we like to make complex things simple! You’ll find simple explanations of our terms in these boxes, but keep in mind that only the terms outside these boxes are legally binding.

1. Overview

Crafty Art is a graphic design platform that empowers people to design virtually anything, from logos and greeting cards to posters, banners, and flyers (each a "design"). When you use the service, you’ll have access to a variety of content provided by Crafty Art and other content providers to use in your designs ("Licensed Content"). Your use of the licensed content is subject to the content licence agreement. You also have the option to upload your own content ("user content"), over which you have full control and responsibility. You can use licensed content, your user content, and tools available in Crafty Art to create your designs.

The service is made available on craftyartapp.com, Crafty Art mobile app, Crafty Art desktop application, and in other forms provided or made available by Crafty Art. Your use of the service is subject to these terms and Crafty Art’s Acceptable Use Policy. By using the service, you acknowledge Crafty Art’s privacy policy. If you are using Crafty Art for Education, please refer to the Crafty Art for Education Additional Terms, which are supplemental to these Terms.

You may use the service only if you can form a binding contract with Crafty Art and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power, and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.

If you sign up for the Service on behalf of an organisation using an email address provided by your employer or another organisation, (i) you represent and warrant that you are an authorised representative of that entity with authority to bind that entity to these Terms; (ii) your use of the Service will bind that entity to these Terms; and (iii) "you" and "your" in these Terms will refer to both you and that entity.

Our Crafty Art for Teams plan is intended for teams, businesses, and organisations of all sizes that want to work and design together. If you create a team on behalf of an organisation or employer, you are binding them to these terms and all the obligations set out in them. If they haven’t authorised  you to do this, you’ll need someone who is authorised  to create the team.

2. Using the service

1. Age Requirement. Children may not access or use the service unless their use is directly authorised  by their parent, guardian, or another authorised  adult (such as a teacher) who agrees to be bound by these Terms. For purposes of these Terms, a child is a person under the age of 13 (or the minimum legal age required to provide consent for processing of personal data in the country where the child is located). For children using Crafty Art for Education, please refer to the Crafty Art for Education Additional Terms. There are legal restrictions on making certain services available to children. Our free Crafty Art for Education plan for students is compliant with all the laws that apply to children using an online service. You can learn more about Crafty Art for Education here.

2. Access to the service. Subject to your compliance with these Terms, you are granted a non-exclusive, limited, non-transferable, freely revocable licence to access and use the Service for business or personal use. Crafty Art reserves all rights not expressly granted under these terms. Each person must have a unique account, and you are responsible for any activity conducted on your account.

3. Acceptable use policy. Your use of the service, your user content, and your designs must comply with Crafty Art’s Acceptable Use Policy.

4. Anti-discrimination. Crafty Art does not support and will not tolerate its service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not permitted to use the service in a manner that would or would likely incite, promote, or support such discrimination, and you must not use the service to incite or promote hostility or violence. We believe in being a force for good in the world, and that means we don’t tolerate crafty art being used in inappropriate ways.

5. Restrictions on the use of the service. You shall not yourself or through any third party (i) rent, lease, sell, distribute, offer in a service bureau, sublicense, or otherwise make available the Service or the licensed Content to any third party (except as permitted under these Terms); (ii) copy, replicate, decompile, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the Service, or any part thereof; (iii) access the Service for purposes of performance benchmarking; (iv) access the Service for purposes of building or marketing a competitive product; (v) use the Service to store or transmit a virus or malicious code; (vi) use a virtual private network (VPN) to circumvent geographic-based pricing or content access; (vii) use the Service to transmit unsolicited emails or engage in spamming; (viii) use any form of data mining, extraction, or scraping on the Service and/or the contents available therein for machine learning or other purposes; or (ix) bypass the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the licensed Content. We work hard to make Crafty Art available to everyone, so we can’t allow you to bring harm to Crafty Art or the platform.

3. Security and data privacy

1. Information Security. Crafty Art implements and maintains physical, technical, and administrative security measures designed to protect your information from unauthorised  access, destruction, use, modification, or disclosure. You can learn more about how Crafty Art protects the service and your information at Crafty Art’s Trust Centre.

2. Data Privacy. Crafty Art’s Privacy Policy describes how Crafty Art collects, uses, transfers, discloses, and stores your personal data. By creating a Crafty Art for Teams account, you confirm that you have read, understood, and agreed to our Data Processing Addendum in full, and that the Data Processing Addendum shall be incorporated into these Terms to the extent Personal Data subject to the Applicable Data Laws (as defined in the Data Processing Addendum) is processed in your use of the Service. In the event of any conflict between these terms and the Data Processing Addendum, the Data Processing Addendum shall prevail. If you have a Crafty Art for Teams account, we act as a "data processor" under laws like the GDPR because you make the decisions about the personal data in your account and we are processing that data on your behalf. The Data Processing Addendum governs our relationship as it relates to that personal data.

4. Content and Designs

1. User Content. You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use, and distribution thereof as contemplated by these Terms. As between you and Crafty Art, you own all rights, title, and interest in and to your user content. You grant Crafty Art a royalty-free and sublicensable licence to display, host, copy, store, and use your user content solely to the extent necessary to provide the service to you. To the extent you include user content in a design that you’ve shared with others, you grant Crafty Art a perpetual, royalty-free, sublicensable licence to display, host, copy, store, and use your user content to the extent necessary to continue to make that design available.When you upload content to Crafty Art, you’re guaranteeing that you have the rights to it. We never obtain any ownership over your content, but we do need you to give us certain rights to store it and have it ready for you to use in your designs.

2. Licenced Content. You may use licensed content in connection with the service. The use of licenced content is subject to additional licence rights and restrictions set forth in the Content Licence Agreement. The applicable licence rights and restrictions vary depending on the type and source of the licenced content. You can determine which content licence terms apply by hovering over the item of licenced content and clicking on the info icon.We make a variety of content available for you to use in your designs. Certain restrictions apply to how you can use that content and what you can do with the designs you include that content in. The restrictions vary based on the type and source of the content. You can learn more here: Crafty Art's Licencing Explained.

3. Designs. Your designs may include a combination of user content and licenced content. While you retain ownership of your user content, any use of designs containing licenced content is subject to the applicable terms of the Content Licence Agreement.We never own your designs, but there may be certain restrictions depending on the types of Crafty Art-provided content you’ve included in your designs.

4. Sharing and publishing your designs. You may publish or share designs with others within the service, via a third-party service, or via a link. Crafty Art maintains no responsibility in relation to such sharing of designs, and Crafty Art’s enablement of such activity or the Service’s performance of actions to publicly share designs at your instruction shall not be considered a violation of any of Crafty Art’s obligations under these Terms.There are a number of ways to share your designs with the world. You’re responsible for who you share them with and how you do it.

5. Printing your designs. You can use the service to print your designs (only available in certain locations). Print orders are subject to additional fees and taxes as specified when you place a print order. Print services are provided by third-party print partners who are responsible for completing, delivering, or otherwise making available print orders. You can choose to have your print order delivered to you or to pick it up at one of our partners’ locations (subject to availability in your area). Print orders may be affected by circumstances outside of Crafty Art’s control. Delivery times are only estimates, which Crafty Art cannot guarantee. If you have an issue with a print order, reach out to Crafty Art Support. Unfortunately, we’re unable to provide refunds for errors made by you or if you just change your mind about a print order.You can bring your designs to life on everything from greeting cards and t-shirts to coffee mugs and journals. Printing is done through our print partners and can be delivered to you or picked up at a partner’s location (where available). You can learn more here: Crafty Art Print.

5.Teams Administration

You can create or join a "team" on Crafty Art that allows you to collaborate with others. The creator of the team is the "team owner." Each team may have one or more people identified as administrators (each, an "administrator") by the team owner or another administrator. Both the team owners and administrators can add, modify, or remove people from the team, as well as manage their permissions and access to user content and designs. Only the team owner may assign a new team owner. If you add a person to a team, you represent and warrant that you or your organisation have obtained all necessary consents from that person to be added. If you enable account management services that allow you to manage the teams and users using Crafty Art at your organisation, you represent and warrant that you are authorised to do so on behalf of your team and/or organisation.

If you are on a team on Crafty Art for Teams, the team owner or administrator may control access to, delete, or re-assign ownership to the user content you upload and designs you create on the account you access as part of the team. Crafty Art is not responsible for any actions taken by team owners or administrators. It is your responsibility not to upload user content or create designs on an account associated with a team if you do not want to potentially transfer ownership or disclose such user content or designs to others on the team.

If you’re on a team on Crafty Art for Teams, make sure you’re aware of the privacy settings and only upload content and create designs you’re comfortable with others on the team having access to and control over. Administrators can transfer designs between people on the team. Keep your personal content and designs to yourself by creating a personal account.

6. Billing

1. Subscription Plan:

  • The Subscription Plan provides users with comprehensive access to all premium features, customization options, regular updates, and exclusive tools such as the background remover.
  • Billing Frequency: Users can opt for monthly, quarterly, or yearly billing based on their preference.
  • Payment: Payments for the Subscription Plan are processed automatically according to the selected billing frequency.
  • Access Duration: Users enjoy uninterrupted access to premium features as long as their subscription is active.
  • Cancellation: Users can cancel their subscription at any time. However, refunds may not be provided for partial billing periods.
  • 2. Single Template Purchase:

  • Users can purchase a specific template for a one-time payment.
  • Lifetime Access: This one-time payment grants users lifetime access to the chosen template.
  • Customization: After the purchase, users can customize the template according to their needs.
  • 3. Contact Information:

  • For any subscription-related queries or other issues, users can contact Crafty Art at craftyartapp@gmail.com.
  • 4. Purchase Process for Single Templates:

  • Choose the premium template you wish to purchase.
  • Click on the "Customize This Template" button.
  • In the pop-up, select the "Buy Single Template" option.
  • Proceed with the purchase.
  • After the purchase, customize the template according to your needs.
  • 5. Purchase Process for Subscriptions:

  • Navigate to the "Pricing" section in the header.
  • Choose from three subscription plans: monthly, quarterly, or yearly.
  • Proceed to purchase the selected subscription plan.
  • Alternatively, select a premium template, click on the "Customize This Template" button, and choose the "Buy a Subscription" option in the pop-up.
  • 6. No Purchase Limit:

  • There is no limit to the number of templates a user can purchase.
  • Each template comes with lifetime access after a one-time payment.
  • Please note that the above is a generic draft, and you may need to tailor it further based on specific details or legal requirements applicable to Crafty Art Pro. It's recommended to consult with legal professionals to ensure compliance with applicable laws and regulations.

    7. Crafty Art’s Intellectual Property

    Except as expressly set out in these Terms, all intellectual property rights in and to the service and licenced content remain the sole property of Crafty Art and its licensors. You assign to Crafty Art any suggestions, ideas, enhancement requests, or other feedback you provide to Crafty Art relating to the service or Crafty Art’s products. Crafty Art owns all content, data, software, inventions, ideas, and other technology and intellectual property that it develops in connection with the service and its products.
    We get great ideas about how to improve Crafty Art from our users. If you share feedback or ideas with us, you’re letting us use that information to improve Crafty Art, and we own any improvements we make.

    8. Warranty Disclaimer.

    The service is provided on an "as-is" and "as-available" basis. To the maximum extent permitted by applicable law and subject to any non-excludable rights and remedies you may have under applicable law, Crafty Art, its licensors, and its suppliers expressly disclaim any and all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Crafty Art does not warrant that your use of the service will be uninterrupted or error-free. Crafty Art does not warrant that it will review your data for accuracy or that it will preserve or maintain your data without loss. You understand that use of the service necessarily involves transmission of your data over networks that Crafty Art does not own, operate, or control, and that Crafty Art is not responsible for any of your data lost, altered, intercepted, or stored across such networks. Crafty Art will not be liable for delays, interruptions, service failures, or other problems inherent in the use of the internet, electronic communications, or other systems outside Crafty Art’s reasonable control.
    We offer the service as-is and can’t be responsible for things outside of our control.

    9. Third-Party Services

    You may elect to use the Service in conjunction with third-party websites, platforms, or apps (including, but not limited to, those available at CraftyArt.com/apps) ("Third Party Service(s)"). Your use of a third-party service is subject to the terms and conditions applicable to that third-party service.
    Crafty Art makes no representations or warranties in relation to third-party services and expressly disclaims all liability arising from your use of third-party services. Within Crafty Art, you can use apps created by third parties. Those apps might have their own set of terms that apply to you, and because the apps were created by third parties, we can’t be responsible for them.

    10. Your indemnity obligations

    You agree, to the extent permitted by law, to defend, indemnify, and hold harmless Crafty Art and its affiliates, officers, directors, agents, licensors, and employees from and against any and all claims, costs, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees and costs) resulting from or related to (i) your violation of these Terms or (ii) your user content.
    If Crafty Art suffers harm due to your content or your violation of these Terms, or if someone tries to hold Crafty Art responsible for your content or your violations, you’ll be responsible for any costs incurred by Crafty Art in defending Crafty Art.

    11. Limitation of Liability

    In no event shall either party’s aggregate cumulative liability hereunder (whether in contract, tort, negligence, strict liability in tort, by statute, or otherwise) exceed the greater of (i) $100 USD or (ii) the subscription fees paid by you to Crafty Art during the twelve-month period preceding the event or occurrence giving rise to such liability. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’
    In no event shall either party be liable for any consequential, incidental, indirect, special, exemplary, or punitive damages, losses, or expenses (including but not limited to business interruption, lost business, or lost profits), even if it has been advised of their possible existence and notwithstanding the failure of the essential purpose of any remedy. The foregoing limitations shall not apply to liabilities arising out of your indemnification obligations or your breach of the section entitled ‘restrictions on use of the service.’
    Crafty Art is not responsible for, and assumes no liability for, the contents of user content.
    These terms do not affect consumer rights that cannot, by law, be waived or limited. These terms do not exclude or limit liability arising out of either party’s gross negligence, fraud, or willful misconduct.

    12. Term and Termination

    1. Term.  These Terms shall take effect the first time you access the Service and shall continue in full force and effect until i) if you are a paid subscriber, the expiration or termination of your subscription; or ii) if you are using Crafty Art’s free offering, when your account is deleted or terminated.

    2. Violations.  If Crafty Art, in its sole discretion, determines that you or your use of the Service, your User Content, or your Designs violate these Terms, including but not limited to, Crafty Art’s Acceptable Use Policy, the Section entitled ‘Restrictions on Use of the Service," or the Section entitled "Anti-discrimination," (any of which is considered a "Violation") Crafty Art may take one or more of the following actions in its sole discretion: (i) delete the prohibited User Content or Designs; (ii) suspend your access to the Service; (iii) terminate and delete your account along with all Designs and User Content associated with that account (iv) permanently ban you from using the Service; and/or (v) disclose the prohibited User Content or Designs to appropriate government authorities.If you break the rules, we have the right to remove you and everything in your account from the service.

    3. Effect of Termination In the event of termination of your subscription for cause due to default by Crafty Art, Crafty Art shall refund, on a prorated basis, any prepaid fees for the service for the period beginning on the effective date of termination through the end of your then-current subscription. In the event of a termination of your subscription due to a violation by you, you will not receive any refund and shall immediately pay any outstanding fees for the remaining period of your subscription.Upon any expiration or termination of your subscription, you must cease using the service. You will lose access to your designs, user content, and any other information uploaded to the service (and we may delete all such data unless legally prohibited) after the expiration or termination of your subscription. User content included in any shared design will continue to be available within that design even after the expiration of your subscription. Unless your account was terminated due to a violation, you can download or export your user content and designs using the functionality of the service prior to the expiration or termination of your subscription. If your account has been terminated due to a violation, you may not create a new account on any Crafty Art service unless you receive Crafty Art’s written permission.

    4. Survival of Terms Sections titled "Term and Termination," "Billing," "Crafty Art’s Intellectual Property," "Limitation of Liability," "Indemnification," and "Miscellaneous," inclusive, shall survive any expiration or termination of these Terms.

    13. Miscellaneous

    1. Compliance with applicable law. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the service. Crafty Art agrees to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with its provision of the service.

    2. Governing Law and Jurisdiction These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. Any legal action or proceeding arising under these terms shall be brought exclusively in the federal or state courts located in Santa Clara County, California, and the parties consent to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded in its entirety from application to these terms.

    3.Export Restrictions. The service is subject to trade sanctions and laws and regulations that govern the import, export, and use of the service. These laws or regulations may prohibit Crafty Art from providing you with the service or require that we discontinue making it available to you without notice. By using the service, you agree to comply with all trade sanctions, export and import laws, and regulations and warrant that (i) you are not prohibited from accessing the service and (ii) you will not make the service available to anyone who is prohibited from accessing it under the laws or regulations of any jurisdiction.

    4. Dispute Resolution. If you have a dispute arising out of these Terms, contact us here, and we’ll attempt to work with you to resolve the dispute. If we’re unable to resolve a dispute, you and Crafty Art each agree to resolve any claim, dispute, or controversy (excluding any Crafty Art claims for injunctive or other equitable relief) arising out of or in connection with these Terms (collectively, "Claims") by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Santa Clara County, California, unless you and Crafty Art agree otherwise. Each party will be responsible for paying any AAA filing, administrative, and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Crafty Art are each waiving the right to a trial by jury or to participate in a class action.

    5. Crafty Art Contracting Entity The Crafty Art entity contracting with you under these Terms and the address to which you should send legal notices depend on your billing address.

    6. Assignment. You may not assign these Terms or any of your rights under them without Crafty Art’s consent, except to any successor by way of a merger, acquisition, or change of control. Crafty Art may transfer or assign any of its rights and obligations under these Terms, in whole or in part, at any time, with or without notice.

    7. Headings and explanations. The headings used in these Terms and the explanatory boxes are provided for convenience only and will not in any way affect the meaning or interpretation of the Terms or any portion thereof.

    8. Severability. If a particular provision of these Terms is found to be invalid or unenforceable, it shall not affect the other provisions, and the Terms shall be construed in all respects as if that invalid or unenforceable provision had been limited or omitted to the minimum extent necessary.

    9. Waiver. Crafty Art’s express waiver or failure to enforce any provision of these Terms shall in no way be construed to be a present or future waiver of such provision nor affect Crafty Art’s ability to enforce any provision thereafter.

    10. Notices.  All required notices to you will be sent to the email address associated with your account or through other legally permissible means.

    11. DMCA. We respect the intellectual property rights of artists and content owners. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). For more information, please read our intellectual property policy.

    12. Changes to these Terms We may modify these Terms (and any policies or agreements referenced in them) at any time. We will post the most current version of these terms on CraftyArt.com. We will provide you with reasonable advance notice of any change to the Terms that, in our sole determination, materially adversely affects your rights or your use of the Service. We may provide you with this notice via the service and/or by email to the email address associated with your account. By continuing to use the service after any revised terms become effective, you agree to be bound by the new terms.

    13. Changes to the service. Crafty Art may add, change, or remove features or functionality from the service; modify or introduce limitations to storage or other features; or discontinue the service altogether at any time. If you are on a paid subscription and Crafty Art discontinues the service you are using during your subscription, Crafty Art will migrate or make available to you a substantially similar service provided by Crafty Art (if available), and if it’s unable to do so, Crafty Art will provide you with a pro-rata refund of fees prepaid for the remaining period of your subscription.

    14. Entire Agreement. These terms and the terms and policies referenced herein constitute the entire agreement between you and Crafty Art with respect to the service. These Terms supersede any prior representations, agreements, or understandings between you and Crafty Art, whether written or oral, with respect to the Service, including previous versions of the Terms. All terms, conditions, or provisions on a purchase order shall be of no force and effect notwithstanding any acceptance of such a purchase order. The English version of these terms will control.

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