Ecrita (“Ecrita”, “We”, “Our”, “Us”) provides an artificial intelligence content generation platform known as “Ecrita” (“Platform”). These Terms & Conditions (this “Agreement”) govern Customer’s access to and use of the Platform, the website ecrita.com and all of its subdomains (“Site”), and any and all related technology or services provided or made available by Ecrita via the Site (collectively, the “Services”). “Customer” (“You”) means any person that accesses or uses the Services or any portion thereof. Ecrita and Customer are each a “Party” and collectively the “Parties.”
Ecrita’s collection and use of personal information in connection with the Services is described in Ecrita's Privacy Policy located at https://ecrita.com/privacy-policy
By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, “you” and “your” will refer to that entity.
By agreeing to these Terms & Conditions and making use of the Services, Customer confirms that Customer is at least 18 years of age, or is a legal parent or guardian of the person who will make use of the Services, and will provide accurate and complete information to Ecrita. Customer may not use the Services for, in combination with, or by using any illegal products or services or for any illegal purpose. Customer is further restricted from using the Services for political, sexual, harmful, spam, or any other restricted Content as identified under “Content” below. Any breach of the terms contained within this Agreement will result in immediate termination of the Agreement and of Customer’s access to the Services.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
By registering to our Services, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link.
Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Ecrita cancels it. You may cancel your Subscription renewal through your online account management page.
A valid payment method, including credit card, is required to process the payment for your subscription. You shall provide Ecrita with accurate and complete billing information including full name, address, postal code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Ecrita to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Ecrita will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
The Free Trial we are offering does not require any credit card information. As such, when your trial is over, you need to subscribe to a paid plan to continue using the Services.
Ecrita, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
Ecrita will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
You may cancel your Customer Account at any time; however, there are no refunds for cancellation. In the event that Ecrita suspends or terminates your Customer Account or this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your Customer Account, or for anything else.
In order to provide a reliable and high-quality service, Ecrita has a Fair Use Policy ("FUP") in place to establish an equitable balance in across Services for all users. The purpose of this FUP is to prevent excessive use that may unreasonably impact the availability of the Service for other users.
The FUP applies to this Agreement in respect of the Service provided by Ecrita and to the number and nature of content generated by Ecrita's Services. Whilst Ecrita undertakes to generate a generous amount of content on behalf of all its Users, if an unreasonably large amount of content is detected to be generated for an individual User, or that automated behaviour is detected, this Fair Usage policy will apply.
If we in our sole opinion decide that your usage does not reflect the Service being subscribed to, your generation limit may be restricted until your next subscription cycle.
For any unreasonably high usage or sharing of login details outside of the original User with the Subscription, Ecrita reserves the right to block or permanently deleted your account without any notice. No claim of any sort in this regard will be accepted and no refunds will be issued. By using our Service, you commit us that any of your claim/dispute in this regard raised by you or by your bank will be automatically rejected.
Our system diligently monitors for automated or robotic behavior to maintain service safety and quality. Please be aware that sharing login details of unlimited accounts for monetary gains is considered illegal. Each seat is intended for one individual user only, and multiple users sharing one account are not permitted.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
By submitting and generating Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
Ecrita does not permit the generation of sexual, religious or political content and hence Customer is strictly prohibited from generating any such Content.
You retain any and all of your rights to any Content you submit, generate, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.
You can remove your Content by specifically deleting it. You should know that in certain instances, some of your Content, (such as posts or comments you make), may not be completely removed and copies of your Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your Content.
Subject to your compliance with these Terms, Ecrita hereby grants you a non-exclusive, worldwide, license, with the right to sublicense, to use, copy, modify, sell, create derivative works based upon, distribute, publicly display, and publicly perform Generated Content for your lawful business purposes.
We may make available through the Services content that is subject to intellectual property rights, including Generated Content. We and our licensors (as applicable) retain all rights to that content.
Notwithstanding anything to the contrary, we shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Content and data derived therefrom), and you will be free (during and after the term hereof) to:
(i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other Company offerings, and
(ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
We make every effort to keep our AI model and other content on our application as up-to-date and accurate as possible. However, we disclaim any warranty or representation, expressed or implied, about our service’s accuracy, completeness or appropriateness for the user’s purposes.
Generated content must be reviewed and edited by you or a representative of your team. Ecrita has the right to remove, monitor and edit user content but will not be held liable for any incomplete or inaccurate content produced through our service. By using this application, you assume full responsibility for the generated Content and agree that neither Ecrita nor its employees are responsible or liable for any claim, loss or costs from its use.
Ecrita has the right, though is not obliged, to choose what Content is appropriate and in accordance with the Prohibited Uses detailed in the section "Prohibited Uses", as well as reserves the right to limit or revoke your use of the Service if found to be inappropriate in accordance with the Prohibited Uses.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service in the following ways:
Additionally, you agree not to:
Except for the limited rights expressly granted to Customer in this Agreement, Ecrita retains all right, title and interest (including all intellectual property rights) in and to the Services (including all updates, upgrades, enhancements or modifications to or of the Services), all Ecrita information, software, text, displays, images, video, and audio included in or published or displayed via the Services, and the design, selection, and arrangement thereof, the solutions provided thereby, all software and technology underlying the Services, all Ecrita documentation relating to the Services, all content or works of authorship created, licensed or provided by Ecrita, and all Output Content (collectively, “Ecrita Materials”). Title to and ownership of any Ecrita Materials created by Ecrita in the course of providing Services shall be held exclusively by Ecrita, whether such Ecrita Materials were requested by or on behalf of Customer or incorporate ideas, feedback or comments provided by or on behalf of Customer. Customer will not acquire any rights in or to the Ecrita Materials by implication, estoppel or otherwise. Customer hereby irrevocably assigns to Ecrita all rights, title and interest in and to the Ecrita Materials.
Customer Content and Customer Data. Customer hereby grants Ecrita a perpetual, irrevocable, fully paid, royalty-free, worldwide license to reproduce, create derivative works from, distribute, publicly display, publicly perform, use, make, have made, or otherwise dispose of, and import the Customer Content and Customer Data, with the right to sublicense each and every such right, for the purposes of providing the Services and related services to Customer and for all purposes permitted in this Agreement or Ecrita’s privacy policy, as amended from time to time. Under no circumstances will Ecrita sell personal data
Output Content. Ecrita hereby grants Customer a limited, revocable, non-exclusive, non-transferrable, non-assignable, non-sublicensable license to use, reproduce, and distribute the Output Content solely for Customer’s own personal or business purposes.
Site Restrictions. Customer must not reproduce, distribute, modify, or create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Customer must not:
If Customer prints, copies, modifies, downloads, or otherwise uses or provides any other person with access to any part of the Site in breach of this Agreement, Customer’s right to use the Site will stop immediately and Customer must, at Ecrita’s option, return or destroy any copies of the materials Customer has made. No right, title, or interest in or to the Site or any content on the Site is transferred to Customer, and all rights not expressly granted are reserved by the Ecrita. Any use of the Website not expressly permitted by this Agreement of Use is a breach of this Agreement of Use and may violate copyright, trademark, and other laws.
Our Service may contain links to third party web sites or services that are not owned or controlled by Ecrita.
Ecrita has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT ECRITA SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
THESE SERVICES ARE PROVIDED BY ECRITA ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECRITA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER ECRITA NOR ANY PERSON ASSOCIATED WITH ECRITA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ECRITA NOR ANYONE ASSOCIATED WITH ECRITA REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ECRITA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Customer shall indemnify, defend, release and hold Ecrita, its affiliates, and its and their respective directors, officers, employees, agents, successors and permitted assigns harmless from and against any and all claims, actions, causes of action, suits, proceedings, investigations, losses, damages, liabilities, settlements, awards, judgments, fines, fees, penalties, costs and expenses of any nature whatsoever (including reasonable attorneys’ fees), in each case whether first-party or third-party, that arise from, result from, relate to, are based upon or allege: (i) Customer’s actual or alleged breach of this Agreement; (ii) Output Content, Customer Content or Customer Data, or any use or distribution thereof by or on behalf of Ecrita or Customer; (iii) Customer’s actual or alleged negligence or more culpable conduct; or (iv) Customer’s actual or alleged violation of any law, rule or regulation or any right of any party. Customer shall not enter into any settlement or compromise in connection with any claim subject to indemnification under this Indemnification Section that requires Ecrita or any other indemnified party under this Indemnification Section to admit wrongdoing or liability, make any payments, comply with any ongoing affirmative obligations or comply with any restrictive covenants.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, 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 STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the French law without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
Any disagreement or dispute that cannot be settled amicably will be submitted exclusively to the competent courts.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
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