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Welcome to IT Cluster Sp. z o.o. (referred to as "Company", "we", "us", or "our"). We're glad you're here! Before you continue, we recommend taking a moment, perhaps with your favorite beverage in hand, to go through our Terms of Service. This document should take around 25 minutes to read through.
The following Terms of Service, or simply “Terms”, are set to guide your interaction with our online presence, specifically the website hosted at https://giveme.art, managed by IT Cluster Sp. z o.o.
Our commitment to protecting your privacy is outlined in our Privacy Policy, which is an integral part of your interaction with our Service. It details our practices regarding the collection, protection, and disclosure of information gathered through your use of our web pages. You can familiarize yourself with our Privacy Policy here: https://giveme.art/privacy.
By engaging with our Service, you are entering into a binding agreement, which includes these Terms and our Privacy Policy (collectively referred to as “Agreements”). By doing so, you confirm that you have thoroughly read, understood, and agreed to these Agreements.
If, for any reason, you find yourself unable to agree with or adhere to these Agreements, we regretfully must restrict your access to our Service. However, we are open to dialogue. Please contact us at hello@giveme.art to discuss potential solutions. These Terms are applicable to all visitors, users, subscribers, and any other individuals who access or utilize our Service.
By registering an account with our Service, you consent to receive various types of communications from us, which may include newsletters, marketing materials, and other relevant updates. However, should you decide not to receive these communications, you are free to opt out at any time either by using the unsubscribe option provided or by contacting us via email.
When you decide to make a purchase (“Transaction”) through our Service, we will request certain necessary details from you. This may include, but is not limited to, your credit card details, card expiration date, billing address, and delivery information.
By proceeding with a Transaction, you confirm that: (i) you are legally authorized to use the payment method you have chosen for the Transaction; and (ii) the information you provide us is accurate and complete.
To facilitate payments and complete your Transactions, we might utilize the services of third-party providers. By providing your information for the Transactions, you authorize us to share this information with these third parties in accordance with our Privacy Policy.
We retain the authority to decline or cancel your order at any point. Reasons for such actions may include, but are not limited to, unavailability of products or services, inaccuracies in product or service descriptions or prices, errors in your order, among others.
Additionally, we reserve the right to cancel your order in cases where fraud, unauthorized, or illegal transactions are suspected.
Occasionally, we may offer contests, sweepstakes, and other promotional events (“Promotions”) through our Service. These Promotions will be regulated by specific rules that are distinct from these Terms of Service. If you choose to participate in any Promotions, we advise reviewing the relevant rules and our Privacy Policy. In instances where Promotional rules differ from these Terms of Service, the specific rules of the Promotion will prevail.
Certain sections of our Service operate on a subscription model (“Subscription(s)”). Subscriptions are billed regularly, with the frequency being either monthly or annually, based on the subscription option you choose at the time of purchase.
Your Subscription will renew automatically at the end of each Billing Cycle under the same terms, unless you decide to cancel it or unless IT Cluster Sp. z o.o. decides to terminate it. You can cancel your Subscription renewal through your account settings online or by reaching out to the customer support team of IT Cluster Sp. z o.o.
To manage your Subscription payments, a valid payment method, such as a credit card, is necessary. You are required to provide IT Cluster Sp. z o.o. with complete and accurate billing details including your full name, address, state, zip code, telephone number, and valid payment method information. By providing these details, you authorize IT Cluster Sp. z o.o. to automatically bill all incurred Subscription fees to your chosen payment method.
If automatic billing does not process successfully for any reason, IT Cluster Sp. z o.o. will send you an electronic invoice, requiring you to manually complete the payment by a specified deadline, as detailed in the invoice.
At its discretion, IT Cluster Sp. z o.o. may offer a free trial period for a Subscription (“Free Trial”).
To sign up for the Free Trial, you might be asked to provide your billing details.
If you enter your billing details when signing up for the Free Trial, IT Cluster Sp. z o.o. will not charge you until the Free Trial has concluded. On the final day of the Free Trial, unless you have cancelled your Subscription, you will automatically be billed for the Subscription type you selected.
IT Cluster Sp. z o.o. reserves the right to modify or cancel the Free Trial terms or offer at any time without prior notice.
IT Cluster Sp. z o.o. retains the right to alter Subscription fees at any time. Any changes to the Subscription fees will take effect following the current Billing Cycle's conclusion.
IT Cluster Sp. z o.o. will inform you in advance of any changes in Subscription fees, providing you with the opportunity to end your Subscription before the new fees are applied.
Continuing to use the Service after a change in Subscription fees indicates your acceptance of the new fee arrangement.
Unless mandated by law, Subscription fees that have already been paid are not eligible for refunds.
Our Service enables you to create, post, link, save, share, and manage various types of information and media, including text, images, videos, and other materials (“Content”). The Content you share through the Service is under your responsibility, and it's crucial that it complies with legal standards and is reliable and appropriate.
When you upload Content to the Service, you affirm and guarantee that: (i) you are the owner of the Content or have sufficient rights to use and grant us the usage and licensing rights as per these Terms, and (ii) your Content does not infringe on the privacy, publicity, intellectual property, contractual, or any other rights of any individual or entity. We maintain the right to deactivate accounts of users who are found to be violating copyright laws.
While you maintain all rights to the Content you share on the Service, you are also responsible for safeguarding these rights. We are not liable for any Content posted by you or any third party on the Service. By sharing Content on the Service, you grant us the permission to use, adapt, publicly perform, display, reproduce, and distribute such Content on and through the Service. This license also includes the right for us to make your Content accessible to other Service users, who may interact with your Content in accordance with these Terms.
IT Cluster Sp. z o.o. reserves the right, but not the obligation, to monitor and edit any Content provided by users.
Moreover, unless stated otherwise, Content available through this Service belongs to IT Cluster Sp. z o.o. or is used with authorization. You are not permitted to distribute, modify, transmit, reuse, download, repost, copy, or utilize such Content, in whole or in part, for commercial or personal benefit, without our explicit, prior written consent.
The use of our Service is permitted only for lawful activities and must adhere to these Terms. You are prohibited from using the Service in the following ways:
We may engage third-party Service Providers to oversee and analyze the usage of our Service.
We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used. These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
We may engage third-party Service Providers to oversee and analyze the usage of our Service.
Google Analytics, a service provided by Google, is utilized for tracking and analyzing website traffic. Google processes this data to monitor the usage of our Service and may share it with other Google services. The data may also be used by Google for the customization and contextualization of ads in its advertising network.
To understand more about Google's privacy practices, we recommend visiting their PrivacyTerms page: Google Privacy Terms
For details on how Google safeguards your data, please refer to: Google's Data Protection Policy
Mixpanel services are offered by Mixpanel Inc.
You have the option to opt-out of Mixpanel's analytics services. To do so, please visit: Mixpanel Opt-Out:Mixpanel Opt-Out
For a comprehensive understanding of the type of information Mixpanel collects, please consult their Terms of Use at: Mixpanel Terms of Use: Mixpanel Terms of Use
Matomo is provided by InnoCraft Ltd. Our website utilizes the web analysis service Matomo. For this analysis, Matomo employs cookies - small text files stored on your computer that analyze your site usage. Information generated by these cookies, such as the time, place, and frequency of your website visits, including your IP address, is transmitted to our Matomo server at GiveMe.art and stored there. In this process, your IP address is immediately anonymized, ensuring your anonymity as a user. The information generated by the cookie about your site use is not shared with third parties. Learn more about Matomo's privacy policy.
Firebase is an analytics service provided by Google Inc. You can opt-out of specific Firebase features through your mobile device settings, such as your device advertising settings, or by following the instructions in Google's Privacy Policy: Google's Privacy Policy
We also recommend reviewing Google's policy for safeguarding your data: Google's Data Protection Policy
Amplitude is provided by Amplitude Inc. For details on what type of information Amplitude collects, please visit the Amplitude Terms of Use page: Amplitude Terms of Use
Segment is provided by Twilio Inc. Segment is used to orchestrate user data and analytic events. For more information on what type of information Segment collects, visit the Segment Terms of Use page: Segment Terms of Use
IT Cluster Sp. z o.o. utilizes remarketing services to advertise on third-party websites after you have visited our Service. We and our third-party vendors use cookies to inform, optimize, and serve ads based on your past visits to our Service.
Google AdWords: Provided by Google Inc. Opt-out of Google Analytics for Display Advertising and customize Google Display Network ads via the Google Ads Settings page: Google Ads Settings
Google also recommends installing the Google Analytics Opt-out Browser Add-on: Google Analytics Opt-out. For more on Google's privacy practices, visit: Google's Privacy Practices
Twitter: Provided by Twitter Inc. Opt-out from Twitter's interest-based ads: Twitter Ad Preferences
Learn more about Twitter's privacy practices: Twitter Privacy Policy
Facebook: Provided by Facebook Inc. Learn about Facebook's interest-based advertising: Facebook Advertising
Opt-out instructions: Facebook Ad Preferences
Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising by the Digital Advertising Alliance. Opt-out options: USA - USA Ad Choices, Canada - Canada Ad Choices, Europe - Europe Ad Choices
Facebook's Data Policy: Facebook Data Policy
Pinterest: Provided by Pinterest Inc. Opt-out of Pinterest's interest-based ads: Pinterest Ad Preferences
Pinterest's Privacy Policy: Pinterest Privacy Policy
Zendesk: Used for customer support. Privacy Policy: Zendesk Privacy Policy
Fullstory: Assists in diagnosing customer support issues. Privacy Policy: Fullstory Privacy Policy
Intercom: For customer communications, in-app messaging, and email. Privacy Policy: Intercom Privacy Policy
Klaviyo: For email customer communications and marketing. Privacy Policy: Klaviyo Privacy Policy
For paid products and/or services within the Service, we use third-party services for payment processing (e.g., payment processors). We do not store or collect your payment card details. This information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which includes Visa, Mastercard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of payment information.
The payment processors we work with are:
Our processing of Personal Data is grounded in one or more of the following legal bases, as applicable:
In cases where Personal Data processing is based on consent, you have the option, within legal and contractual limits, to decline giving consent or to withdraw your consent at any time. This can be done by contacting us as specified below. However, please be aware that if you withhold consent or withdraw it, it might affect our ability to provide certain services to you.
Our Service is exclusively designed for individuals who are at least eighteen (18) years old. By accessing or using the Service, you affirm and declare that you are at least eighteen (18) years old and possess the full authority and capacity to enter into this agreement and comply with all its terms and conditions. Access to and use of the Service by individuals under eighteen (18) years of age is strictly prohibited.
When setting up an account with us, you confirm that you are over 18 years of age, and the information you provide is accurate, complete, and current. Failure to maintain accurate and complete information can lead to the immediate closure of your account on our Service.
It is your responsibility to keep your account details and password confidential, including limiting access to your computer and/or account. You are accountable for all activities that occur under your account and/or password, regardless of whether your password is with our Service or a third-party service. Promptly inform us of any unauthorized use of your account or any breach of security.
You must not choose a username that is the name of another person or entity, or that is not legally available for use, a name or trademark that is subject to the rights of another person or entity other than yourself, without proper authorization. Also, avoid using any username that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, modify or remove content, or cancel orders at our discretion.
By utilizing our Services, you grant IT Cluster Sp. z o.o., its successors, and assigns a perpetual, worldwide, non-exclusive, sublicensable, royalty-free, irrevocable copyright license to use, reproduce, create derivative works from, display publicly, perform publicly, sublicense, and distribute the text and image prompts you input into the Services, or Assets created by the service as per your instructions. This license continues even after the termination of this Agreement, regardless of the reason. Here's a rephrased version of the "Customer Rights" and related sections from your Terms of Service:
As a user of our Services, you retain ownership of all Assets created using the Services, assuming compliance with this Agreement. This does not include the upscaling of others’ images, which remain the property of the original creators. IT Cluster Sp. z o.o. does not guarantee the applicability of current laws to your situation; we advise consulting a legal professional for specific legal advice in your jurisdiction. Your ownership of created Assets remains, even if you later downgrade or cancel your membership, except in the following exceptions.
A Paid Member is defined as a Customer who has subscribed to a paid plan or has purchased graphics, or products featuring graphics.
If you are not a Paid Member, you do not own the Assets you create. In such cases, IT Cluster Sp. z o.o. provides you a license for these Assets under the Creative Commons Noncommercial 4.0 Attribution International License (the “Asset License”). The complete terms can be found here: Creative Commons License.
Please be aware: As part of the open community ethos of IT Cluster Sp. z o.o., others may use and remix your images and prompts posted publicly. By default, your images are publicly accessible and remixable, as per the license granted to IT Cluster Sp. z o.o. If you opt for a "Pro" plan, you can choose to limit public sharing, and we will endeavor not to publish any Assets you create in stealth mode in the Services.
Note that images created in open spaces like Best ART are publicly viewable, regardless of Stealth mode settings.
The Service, its original content (excluding user-provided Content), features, and functionality are the exclusive property of IT Cluster Sp. z o.o. and its licensors, protected under United States copyright, trademark, and other laws. Our trademarks and trade dress must not be used without our prior written consent.
We respect the intellectual property rights of others and actively respond to claims that Content on the Service infringes on another's copyright or intellectual property rights. If you hold a copyright, or are authorized to act on behalf of one, and believe that a work has been copied in an infringing manner, please contact us at hello@giveme.art with the subject line: “Copyright Infringement.” Include a detailed description of the alleged infringement as per the DMCA Notice and Procedure detailed below.
Misrepresentation or bad-faith claims may result in liability for damages, including costs and attorneys' fees.
To file a DMCA claim, provide the following information to our Copyright Agent:
Our Copyright Agent can be reached via email at hello@giveme.art.
You are welcome to send us feedback, suggestions, ideas, and information regarding errors and improvements related to our Service (“Feedback”) either directly at hello@giveme.art or through third-party sites and tools. By providing Feedback, you acknowledge and agree to the following: (i) you will not claim any intellectual property rights or other interests in the Feedback; (ii) the Company may already be considering similar ideas to your Feedback; (iii) your Feedback does not contain any confidential or proprietary information from you or third parties; and (iv) the Company is not obliged to keep the Feedback confidential. If transferring ownership of the Feedback is not feasible due to mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free, sublicensable, unlimited, and perpetual right to utilize the Feedback in any way, including for copying, modifying, creating derivative works, publishing, distributing, and commercializing.
The third-party sites and tools for error reporting include:
Our Service may offer links to websites or services operated by third parties, which are not under the control of IT Cluster Sp. z o.o. We are not responsible for the content, privacy policies, or practices of these third-party websites or services and do not endorse them. We recommend exercising caution and reviewing the terms and privacy policies of these external websites.
We are dedicated to continuously enhancing our Services, but this means they are subject to changes. These changes can include, but are not limited to, modifications in the art style of Assets, the algorithms for generating Assets, and the features offered to Customers. We do not provide any guarantees regarding the Services' quality, stability, uptime, or reliability. We advise against relying heavily on specific attributes of the Services or the Assets, as we are not liable for any issues arising from such dependencies.
The Services and Assets are made available to you on an "AS IS" basis. This means they come without any kind of warranty, whether explicit or implied, including but not limited to warranties of title, non-infringement, merchantability, or fitness for a particular purpose. It is your responsibility to assess the suitability of the Assets for your needs and bear any risks that come with using the Services.
IT Cluster Sp. z o.o. retains the right to suspend or terminate your access to the Services at any time, for any reason. The Services are not to be used for competitive research purposes. Reverse engineering of the Services or Assets is prohibited. Automated tools for accessing, interacting with, or generating Assets through the Services are not allowed. Each registered account is to be used by only one individual user, and each user is allowed only one account.
We reserve the right to investigate any complaints or reported breaches of our Terms of Service. Our response to such incidents may include, but is not limited to, reporting suspected illegal activities to law enforcement, regulators, or other third parties. In such cases, we may disclose user-related information such as profiles, email addresses, usage history, posted materials, IP addresses, and traffic data as deemed necessary or appropriate.
You acknowledge and agree that IT Cluster Sp. z o.o. is not responsible or liable for any harm or loss that may result from your use of or reliance on content, goods, or services available through third-party websites or services.
We strongly recommend that you review the terms and privacy policies of any third-party websites or services you access.
The Services provided by IT Cluster Sp. z o.o. are offered on an “AS IS” and “AS AVAILABLE” basis. The Company does not make any explicit or implicit warranties or representations about the operation of its Services or the information, content, or materials included. Your use of these Services and any acquired items is solely at your own risk.
Neither IT Cluster Sp. z o.o. nor any affiliated individuals provide any guarantees regarding the completeness, security, reliability, quality, accuracy, or availability of the Services. This includes, but is not limited to, no assurance that the Services, their content, or any acquired items will be accurate, reliable, error-free, uninterrupted, that defects will be corrected, that the Services or their servers are free of viruses or other harmful elements, or that they will meet your needs or expectations.
IT Cluster Sp. z o.o. disclaims all kinds of warranties, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose.
This disclaimer does not affect any warranties which cannot be excluded or limited under applicable law.
To the extent not prohibited by law, you agree to hold harmless IT Cluster Sp. z o.o. and its officers, directors, employees, and agents from any indirect, punitive, special, incidental, or consequential damage. This includes damages arising from any contract, negligence, or other tortious actions related to this Agreement, or any violation of any federal, state, or local laws, statutes, rules, or regulations, even if previously advised of such potential damage. If liability is established on the part of IT Cluster Sp. z o.o., it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.
IT Cluster Sp. z o.o. reserves the right to terminate or suspend your account and deny access to the Service at any time, without prior notification, at our sole discretion. This can occur for any reason, including but not limited to, violations of these Terms. Should you decide to terminate your account, you may do so by ceasing to use the Service. Upon termination, certain provisions of these Terms will continue to apply. These include, without limitation, ownership rights, warranty disclaimers, indemnity clauses, and limitations of liability.
The governance and interpretation of these Terms are in accordance with the laws of the State of California, disregarding any conflict of law principles. Our inability to enforce any part of these Terms does not waive our rights to do so later. If a court finds any provision of these Terms invalid or unenforceable, the remaining provisions will still be effective. These Terms represent the entire agreement between you and IT Cluster Sp. z o.o. regarding the Service and replace any prior agreements.
IT Cluster Sp. z o.o. has the discretion to modify or discontinue the Service or any part of it without prior notice. We are not liable for any unavailability of the Service or any part of it at any time or for any duration. Access to parts of the Service, or the entire Service, may occasionally be limited for all users, including registered users.
IT Cluster Sp. z o.o. reserves the right to modify these Terms at any time, which will be reflected by updated terms on this site. It is your duty to regularly review these Terms. By continuing to use the Platform after we post updated Terms, you are accepting and consenting to these changes. Regularly checking this page is advisable to stay informed about any changes, as they are obligatory for you. If you continue to access or use our Service after revisions take effect, you agree to be bound by the updated terms. If you do not agree to the new terms, you must cease using the Service.
No waiver by IT Cluster Sp. z o.o. of any term or condition in these Terms is to be considered a further or ongoing waiver of such term or condition or a waiver of any other term or condition. Any failure by IT Cluster Sp. z o.o. to assert a right or provision under these Terms does not constitute a waiver of such right or provision. Should a court or competent jurisdiction find any provision of these Terms invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent so that the remaining provisions of the Terms will continue to be valid and enforceable.
BY UTILIZING OUR SERVICE OR ANY OTHER SERVICES WE PROVIDE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF SERVICE AND AGREE TO ABIDE BY THEM.
For feedback, comments, or requests for technical support, please reach out to us at: hello@giveme.art