Terms of Service

Last Updated: Apr 24, 2024

Welcome to Illustro! These Terms of Service ("Terms") govern your access to and use of the Illustro website, services, and application (collectively, the "Service"), operated by MOUNTAIN PEAK OOD ("Illustro", "we", "our", or "us"), a company registered in Bulgaria with company number 207115644 and VAT number BG207115644, with registered address at ul. Stefan Karadzha 10, Floor 3, 1000 Sofia, Bulgaria. Please read these Terms carefully before using the Service.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

We may modify these Terms at any time, and such modifications shall be effective immediately upon posting the modified Terms on the website. Your continued use of the Service means you accept and agree to the modified Terms.

2. Use of the Service

Illustro provides an AI-powered illustration generation service. You may use the Service to generate illustrations based on text prompts you provide.

2.1 Prohibited Content

You agree not to use the Service to generate:

  • Content that promotes hate speech, discrimination, or violence against individuals or groups
  • Content that is defamatory, harassing, or threatening
  • Sexually explicit or pornographic content
  • Content that infringes on others' intellectual property rights
  • Content that promotes illegal activities or violates applicable laws
  • Content that contains personal information of others without their consent
  • content or illustrations that you intend to use for AI-model training, fine-tuning, or evaluation.

2.2 Suspension of Service

We reserve the right to suspend or terminate your access to the Service for violations of these Terms, including but not limited to the generation of prohibited content, misuse of the Service, or any fraudulent activity.

3. User Accounts

You may need to create an account to access certain features of the Service, such as saving illustrations and managing credits. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, not current, or incomplete.

4. Intellectual Property

4.1 Your Content

You retain ownership of the text prompts you submit to the Service.

4.2 Generated Content

Subject to your compliance with these Terms, you own the illustrations generated by the Service based on your prompts ('Generated Content'). Illustro irrevocably assigns to you any copyright it may obtain in the Generated Content. You grant MOUNTAIN PEAK OOD a worldwide, non-exclusive, royalty-free license to use, reproduce, display, and distribute the Generated Content solely for the purpose of operating and improving the Service.

4.3 AI-Model Training Prohibited

You must not use, or allow any third party to use, any illustration generated through the Service to train, fine-tune, or evaluate an artificial-intelligence model, system, or network.
This restriction is a mandatory downstream licence term required by our upstream model provider and it survives termination of these Terms.

4.4 Service Content

The Service and its original content (excluding Generated Content), features, and functionality are owned by MOUNTAIN PEAK OOD and are protected by copyright, trademark, and other intellectual property laws. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements without express written permission from MOUNTAIN PEAK OOD.

5. Payments and Credits

Use of the Service may require credits, which can be obtained through purchase or other means offered by Illustro. Generating an illustration consumes credits as specified within the Service.

5.1 Credit Purchases

All credit purchases are final and non-refundable except as required by law. We reserve the right to modify our pricing structure, including the amount of credits required for generating illustrations, at any time.

5.2 Billing and Taxes

By making a purchase, you authorize us to charge your selected payment method. You are responsible for all applicable taxes, and we may collect taxes we believe we are required to collect or pay.

6. Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied. MOUNTAIN PEAK OOD does not warrant that the Service will be uninterrupted, error-free, or that the generated illustrations will meet your specific requirements.

AI-generated content can sometimes be unpredictable or imperfect. We do not guarantee that the illustrations will be free from visual artifacts, errors, or unexpected elements.

We make no warranties or representations about the accuracy or completeness of the Service's content or the content of any websites linked to this Service.

7. Limitation of Liability

To the fullest extent permitted by law, MOUNTAIN PEAK OOD shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

In no event shall MOUNTAIN PEAK OOD's total liability to you for all damages, losses, or causes of action exceed the amount you have paid to MOUNTAIN PEAK OOD over the past six months, or fifty euros (€50.00), whichever is greater.

8. Indemnification

You agree to defend, indemnify, and hold harmless MOUNTAIN PEAK OOD, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Service, including any use of Generated Content in breach of §4.3, (ii) your violation of these Terms, or (iii) your violation of any third-party rights.

9. Governing Law

These Terms shall be governed and construed in accordance with the laws of Bulgaria, without regard to its conflict of law provisions.

Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located within Sofia, Bulgaria.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.

11. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you. The Privacy Policy is incorporated by reference into these Terms.

12. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

13. Contact Us

If you have any questions about these Terms, please contact us at info@illustro.app.

MOUNTAIN PEAK OOD
ul. Stefan Karadzha 10
Floor 3
1000 Sofia
Bulgaria
VAT Number: BG207115644
Company number: 207115644