Overview

Thank you for using the Coderway (the “Services”). These Terms of Service (the “Terms”, “Agreement”) explain what rights you have with respect to images and other assets which you might generate with the Service. All visitors, users, and others accessing or using the Services must read these “Terms of Service” carefully before using the Services operated by Coderway Limited (“us,” “we”).
As a visitor, user, or other individual or entity accessing or using the Services (“user(s)” or “you”), your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of the Terms, then you may not access or use the Service.

1. Service Availability and Quality

We are constantly improving the Services to make them better. The Services are subject to modification and change. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.

The Services are provided to Customer on an «AS IS» basis, without warranties or conditions of any kind, either express or implied, including, without limitation, any warranties or conditions of title, non-infringement, merchantability, or fitness for a particular purpose. you are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.

2. Use of the Service. Individual functions of the Service.

Full functionality of the Service is provided to Users who have paid for paid access to the Service.

The Service provides the User with an opportunity to create images using artificial intelligence technologies on the basis of the User’s text request.

3. Intellectual Property

All intellectual property in the Services protectable in any jurisdiction worldwide is and will remain the exclusive property of Macoding and any licensors to Macoding or third-party developers, if applicable.

Users own all artworks created by users with assistance of the Service, including all related copyrights and other intellectual property rights (if applicable). Users must, as individuals or in a group, contribute creative expression in conjunction with use of the Service, such as in creating or selecting prompts or user inputs to use with the tools offered by the Service. Users acknowledge that artworks generated without creative expression from the user may not be eligible for copyright protection.

Regardless of the creativity of users, Macoding cannot guarantee the uniqueness, originality, or quality, or the availability or extent of copyright protection for any artwork created by users with assistance of the Service.

You hereby grant Macoding a worldwide, non-exclusive , non-sublicensable, royalty-free license to copy, reproduce, and display artworks you create using the Service for promotional purposes on the Service.

4. Payment and Billing

Full functionality of the Service is provided to Users who have paid for paid access to the Service.

The Service uses tariff plans with one-time payment, without automatic renewal. The user must independently monitor the timeliness of payment of the selected tariff for the next period.

You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time). You will pay Fees in the currency we quoted for your account (and we reserve the right to change the quoted currency at any time).

5. Refund Policy

The User has the right to request a refund for a previously paid tariff plan, if the refund request is made within 7 days from the date of purchase and no more than 7 images are generated in the Service. Partial refunds are not allowed. To request a refund, please contact customer support for assistance. Any refund will result in the termination of the User’s paid account.

6. Miscellaneous

Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.

No Agency. This Agreement does not create any agency, partnership, or joint venture between the parties.

Severability. If any part of this Agreement is invalid, illegal, or unenforceable, the rest of the Agreement will remain in effect.

No Third-Party Beneficiaries. This Agreement does not confer any benefits on any third party unless it expressly states that it does.

Survival. The sections and obligations in this Agreement that a reasonable person would expect to survive this agreement, will.