Terms of Use

17 Jan 2025

Introduction

We are Emblemo (“we,” “us,” or “our”), operates the website emblemo.app (the “Site”), the mobile application Emblemo (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

These Legal Terms constitute a legally binding agreement made between you (“you”), and us, and concerning your access to and use of the Services. By using our App and Services, you acknowledge and agree that it may be distributed by us as well as authorized resellers, the distribution activities of which are subject to the terms and conditions set forth in this Legal Terms. You agree that by accessing the App and Services, you have read, understood, and agreed to be bound by all of these Legal Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

By using our Services, you affirm that you are 18 years of age or older, or the minimum age required by applicable laws in your country, or those with verified parental or guardian consent. If we discover any personal information collected from a minor without proper consent, we will promptly delete it from our databases. Please contact us immediately at support@emblemo.app if you believe we have collected personal information from a minor.

1. OUR SERVICES

1.1. Functionality. The App provides tools to simplify logo creation for businesses, utilizing Artificial Intelligence ("AI") to generate professional logo designs. It is specifically optimized to address branding needs, enabling you to create or refresh their brand identity efficiently and with ease.

1.2. Input and Output. You may submit text and image prompts ("Input") to the Services, which will use AI tools to generate content ("Output"). You assume all risks associated with the use of your Input and Output. While we strive to provide high-quality results, we do not guarantee that the generated Output will meet your specific expectations, requirements, or standards. All Output are created algorithmically and may require further customization. If any Input or Output is alleged to be unlawful or in breach of these terms, we may disclose it to authorities or in response to a court order.

1.3. Output Restrictions and Responsibilities:

You must not use the App to generate Output that violates intellectual property rights, contractual obligations, or laws. You are responsible for the Outputs you create and their use, in compliance with these Legal Terms. Outputs cannot be used to train AI models. You may use your Output for legal purposes, at your own risk, and must follow these Legal Terms. We may limit the number of Outputs you can generate. Other users may create similar Outputs, and they have the right to use them for their own purposes.
Upon generation of an Output (logo), you are granted the right to use the Output for personal or commercial purposes, subject to the conditions in these Legal Terms of Use. We do not claim ownership over the Output, but you acknowledge that we may retain certain usage rights as necessary to provide and improve the App and Services.
Note: While we do not claim ownership of the Output you generate using the App, you acknowledge that some Output may inadvertently resemble existing trademarks, brands, or other protected intellectual property. It is your responsibility to ensure that the logos you create do not infringe on the intellectual property rights of others. We are not liable for any legal claims resulting from the use of generated logos.

1.4. User Representations for Submitted Input. By submitting Input, you represent that you have the necessary rights, licenses, and permissions to use and allow us to use it within the Services. You also warrant that your Input and its use, including for generating Output, do not violate any laws or third-party terms. You agree not to include sensitive personal data (e.g., racial or ethnic origin, political opinions, health data, etc.) in your Input.

1.5. License to Input and Output. You grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide, perpetual, and irrevocable license to use, store, reproduce, display, distribute, and modify your Input and Output to provide, develop, and improve our Services. This license also allows us to share or disclose your Input or Output to third parties as necessary for these purposes or to comply with legal obligations.

1.6. AI-Generated Content:

1.6.1. You acknowledge that:

a) AI-generated content may be incomplete, biased, or unsuitable for certain contexts.
b) You are responsible for reviewing and ensuring the suitability of the generated content before use.
c) AI-generated content is not legal, design, business, or professional advice. For legal matters, consult a qualified professional.

1.6.2. It is strictly prohibited to use the App for generating harmful content or for the following purposes, including but not limited to: AI research/development, military applications; pornography; gambling/betting; terrorism; or dissemination of 'fake news'. Additionally, it is strictly prohibited to utilize the App to incite, promote, or compel unlawful violence or physical harm to individuals or property, or to incite, promote, or compel unlawful force against any group based on race, religion, disability, gender, sexual orientation, or national origin.

Legal Notice: We make no warranties regarding the accuracy or completeness of AI-generated content and are not liable for any reliance on it. We are not responsible for any misuse of AI-generated content, including inaccuracies or improper use. Your use of the Services is at your own risk.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. We own or license all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”) protected by copyright and trademark laws. They are provided "AS IS" for personal, non-commercial use only. Except as stated, all rights are reserved, and no part may be exploited without our written permission. Breach of these rights terminates your use immediately.

2.2. By directly sending us any questions, comments, suggestions, ideas, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We own and can use Submissions for any lawful purpose without acknowledgment or compensation to you. You're responsible for your Submissions and agree to reimburse us for any losses due to your breach of this section, third-party intellectual property rights, or applicable law.

2.3. Rights we grant to you. Subject to your compliance with these Legal Terms, you are granted a non-exclusive, limited, non-transferable license to access and use the Services for personal purposes. All rights not expressly granted are reserved. We do not claim ownership over user-generated output. By uploading content to the App, you grant the App a license to process, store, and analyze the content in accordance with these Legal Terms. You must ensure that any content uploaded does not infringe on third-party intellectual property rights.

3. USER REGISTRATION

3.1. Account Registration. When using our App, you are required to create an account by providing accurate, complete, and current personal information. This means ensuring that all details you submit are true and up-to-date. You are fully responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account. We expect you to choose a username that is respectful and appropriate. This means avoiding names that: (a) Impersonate other individuals or entities; (b) Infringe on existing trademarks or rights; (c) contain offensive, vulgar, or inappropriate content. Any failure to comply with these account registration and usage requirements will be considered a violation of our Legal Terms.

3.2. Account Registration and Apple ID. You may register or log in using your Apple ID. By doing so, you agree that we may receive certain personal information from Apple (e.g., name, email) as per their privacy policies. You are responsible for maintaining your Apple ID's security and all account activity. We are not liable for unauthorized access resulting from your failure to secure credentials. Your Apple ID use is subject to Apple's terms. We reserve the right to suspend or terminate your account for unauthorized use, security breaches, or violations of these Legal Terms.

Note: For subscriptions through Apple ID, refunds are handled by Apple. Request refunds via your Apple ID account on your device or at https://getsupport.apple.com.

3.3. Account Responsibilities. Each user must have a unique account, and you are responsible for all activity on your account. You may not share your username, password, or security codes with others. The information provided by the App and Services is not intended for distribution in jurisdictions where such use is illegal or subject to registration requirements. Users accessing the App from other locations do so at their own risk and are responsible for complying with local laws.

4. PROHIBITED ACTIVITIES

4.1. You agree to use the Services only as intended, in compliance with laws.

4.2. You are prohibited from engaging in the following activities while using the Services and the App, including but not limited to: (1) decompile, reverse engineer, or attempt to decrypt the Services; (2) modify, adapt, or create derivative works from the App; (3) violate laws or regulations in using the Services; (4) remove or alter any proprietary notices; (5) use the Services for revenue-generating purposes not intended by us; (6) share the App on networks allowing simultaneous access by multiple users; (7) create competitive products using the App; (8) send automated queries or unsolicited commercial emails through the App; or (9) use our intellectual property without permission; (9) mislead anyone that the content generated by AI is human-generated, ect.

4.3. You confirm not being in a country under US government embargo or designated as "terrorist supporting," and not listed on any US government prohibited parties list.

5. THIRD-PARTY WEBSITES, CONTENT, PARTNERS

5.1. The Services may include links to Third-Party Websites and Third-Party Content. We do not investigate or monitor these links for accuracy, appropriateness, or completeness. We are not responsible for the content, accuracy, or policies of Third-Party Websites or Third-Party Content. Inclusion of these links does not imply our endorsement. You access Third-Party Websites and use Third-Party Content at your own risk. You should review the terms, policies, and practices of any third-party website. Purchases made through Third-Party Websites are between you and the third party, and we are not responsible for these transactions. We do not endorse products or services offered on Third-Party Websites, and we are not liable for any harm resulting from Third-Party Content or contact with Third-Party Websites.

5.2. We use technology provided by third party service providers to provide our Services. You acknowledge that any Input you provide, including any personal data you choose to include within that Input, will be shared with third party service providers we engage to enable functionality within the Service. By using the App, you direct and consent to personal data you include in an Input being transferred to third parties, including OpenAI, LLC. in the United States, which depending on where you reside, may not provide the same level of protection for your personal data.

6. PRIVACY POLICY

6.1. We care about data privacy and security. Please review our Cookie Policy and Privacy Policy (together ‘Policies’). By using the Services, you agree to be bound by our Policies, which is incorporated into these Legal Terms.

7. PURCHASES, PAYMENT AND SUBSCRIPTIONS

7.1. Purchase and Payment. When using our Services, you agree to provide and maintain accurate and up-to-date account and payment information, including your email, payment method, and card details. We may adjust subscription pricing and offers at our discretion. By making a purchase, you agree to pay all applicable charges at the current rates and authorize us to charge your chosen payment method.

Note: By accepting these Legal Terms, you authorize us to process payments using your provided payment method for your selected subscription. In the event that the full amount for your selected subscription term cannot be charged, you consent to process a reduced charge corresponding to a shorter subscription term. Your subscription will be activated based on the successfully processed amount, and no subscription will be activated if all payment attempts fail. You acknowledge that partial payments may result in a shorter subscription period than initially selected, and we reserve the right to adjust subscription terms based on the processed payment amount. No additional charges will be initiated without your explicit authorization. Subscriptions automatically renew for the same term unless cancelled as specified in our ‘cancellation’ clause herein. You agree to maintain current and accurate payment information; failure to do so may result in service interruption or termination.

7.2. Billing and Renewal. Your subscription will automatically renew unless canceled. By subscribing, you authorize us to charge your designated payment method on a recurring basis without requiring additional approval for each charge, unless and until you cancel the subscription. The length of your billing cycle is determined by the subscription plan selected at the time of purchase.

The initial subscription payment may be offered at a promotional or discounted rate. Subsequent payments may be charged at higher rates as specified in the subscription plan or updated by us from time to time. Pricing may vary across different subscription tiers or plans. Certain features of the App may also be available for a one-time payment.

We reserve the right to adjust subscription pricing and promotional offers at our discretion. By accepting these terms, you acknowledge and agree that subscription fees may vary after the initial payment, and such adjustments may apply to your subsequent billing cycles.

7.3. Bundle Purchases and Refunds. The App may be offered as part of a Bundle, available as either a one-time purchase or a renewable subscription. If purchased as a one-time bundle, the payment grants access to all included apps for a specified duration, and this purchase will not automatically renew. Refunds for one-time bundle purchases may be requested within 14 days of purchase and will be processed for the entire bundle, not individual apps. If the App Bundle is purchased as a subscription, you agree to automatic renewal at the end of each subscription term unless canceled prior to renewal. Availability and pricing of Bundles are subject to change without notice. By purchasing an App Bundle that includes this App, you agree to these terms.

7.4. Cancellation. You may cancel your subscription at any time. To avoid being charged for the next billing cycle, you must cancel at least 24 hours before the end of the current subscription period by writing to us at support@emblemo.app or via your account settings. Your cancellation will take effect at the end of the current paid term. Deleting the app does not cancel your subscriptions.

7.5. Refunds. We offer a 14-day money-back guarantee on the purchase made through our website or directly from us. If you are not completely satisfied with your purchase, you may request a refund within 14 days of the initial purchase by contacting our customer support team at support@emblemo.app. In certain situations, we may consider case-by-case partial refunds or prolongation of the subscription period. This will be evaluated based on individual circumstances and at our own discretion. We encourage you to contact our customer support team to discuss your specific case.

7.6. App Store Purchase. Please note that your refund eligibility may differ if the purchase was made through a third party (e.g. App Store, a service provider, a reseller, etc.). For more information and to review your offer terms, please contact your service provider or reseller directly. We cannot provide refunds for purchases made through third-party retailers or resellers. Refer to Request a refund for apps or content that you bought from Apple for Apple App Store purchases.

7.7. Important. Any subscription payment dispute, including chargeback, will lead to the permanent termination of a subscription, regardless of the dispute outcome. These subscriptions will not be reinstated under any circumstances.

8. TERM AND TERMINATION

8.1. These Legal Terms remain effective while you use the Services and have an active Subscription. You can terminate your account at any time via your account settings or writing us at support@emblemo.app. We reserve the right to restrict or terminate access to the Services at our sole discretion, without prior notice or liability, for any reason or no reason. This includes, but is not limited to, violations of these Legal Terms or applicable laws. Your use of the Services may be discontinued, and your account, along with any related content, may be deleted at any time without warning. If your account is suspended or terminated, you are strictly prohibited from creating a new account under your name or any third-party name.

9. MODIFICATIONS AND INTERRUPTIONS

9.1. We reserve the right to change, modify, or remove the contents of the Services at our discretion without notice. We may also modify or discontinue all or part of the Services without notice. We will not be liable for any such changes or discontinuation. We cannot guarantee uninterrupted availability of the Services due to potential hardware, software, or maintenance issues. You agree that we are not liable for any inconvenience caused by service interruptions. We are not obligated to maintain, support, or provide updates for the Services.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1. If you are a resident of the European Union or United Kingdom, these Legal Terms are governed by and construed in accordance with the laws of England and Wales, to the exclusion of the conflicts of laws provisions thereof.In the event any disputes, differences or controversies arise between the Parties in connection with these Legal Terms, both Parties shall thoroughly explore all possibilities for the amicable settlement and attempt informal negotiations for at least 30 business days. In case an amicable settlement cannot be reached, all disputes or controversies arising out of or in connection with these Legal Terms shall be referred to and finally resolved by arbitration in London under the rules of the London Court of International Arbitration (LCIA), which rules are deemed to be incorporated by reference into this clause. The seat, or legal place, of arbitration shall be London. The language of the arbitration shall be English, and the number of arbitrators shall be one.

10.2. If you are a resident of the United States of America, then the laws of the State of California are applicable for you. The United Nations Convention on Contracts for the International Sale of Goods and similar laws in other jurisdictions do not apply. To streamline dispute resolution, both parties agree to attempt informal negotiations for at least 30 business days. If negotiations fail, disputes will be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator chosen by us and will take place in California or another US location chosen by us. The arbitrator will apply California laws unless otherwise determined by us. The arbitrator's decisions are binding and enforceable in court.

10.3. Additionally, both parties waive their right to participate in class action lawsuits and agree to resolve disputes individually rather than as part of a class action.

11. DISCLAIMER

11.1. General.

The Services are provided "as is" and "as available." Your use of the Services is at your own risk. We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the content or linked websites or applications. We assume no liability for errors, personal injury, unauthorized access to secure servers, transmission interruptions, bugs, viruses, or omissions in content. We do not endorse or guarantee third-party products or services advertised through the App and Services.
The Output is generated by artificial intelligence. We have not verified the accuracy of the Input or Output and it does not represent our views. We make no warranty or guarantee as to the accuracy, completeness or reliability of the Input or Output and does not accept any liability or responsibility arising in any way from your use of the Input or Output or any omissions or errors contained in the Output. We recommend that you obtain professional and independent advice before you act on any advice contained in the Output, or rely on the accuracy of the Output.

11.2. Compliance with local laws. You are responsible for ensuring that your use of the Services complies with applicable laws, including data protection laws, copyright laws, etc. It is your responsibility to ensure compliance with all relevant legal requirements.

12. LIMITATIONS OF LIABILITY

12.1. To the fullest extent permitted by law, we, along with our directors, employees, contractors, and agents, shall not be liable to you or any third party for any damages arising out of or related to your use of Services. This includes, but is not limited to, lost profits, revenue, data, or other consequential, incidental, or special damages, even if we have been advised of the possibility of such damages. We expressly disclaim any liability for any direct or indirect damages, including but not limited to physical, emotional, or financial harm resulting from your use of the App or Services. Our total liability to you, under any circumstance, will be limited to the lesser of the amount paid by you to us during your subscription term, but no more than $100.

13. INDEMNIFICATION

13.1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, demand, or expenses (including attorneys’ fees and costs) arising from: (1) your misuse of the Services; (2) breach of these Legal Terms or any applicable law or regulation; (3) breach of your representations and warranties in these Legal Terms; (4) violation of third-party rights, including intellectual property rights; (5) harmful acts toward other users connected via the Services; (6) any Input or Output; or (7) your negligence or wilful misconduct. We reserve the right to assume exclusive defense of any matter requiring indemnification, and you agree to cooperate at your expense. We will make reasonable efforts to notify you of any such claims.

14. MISCELLANEOUS

14.1. These Legal Terms constitute the entire agreement between you and us. Our failure to enforce any provision of these Legal Terms does not waive our rights. These Legal Terms operate to the fullest extent allowed by law. We may assign our rights and obligations to others at any time. We are not liable for events beyond our control. If any provision of these Legal Terms is deemed unlawful or unenforceable, it does not affect the validity of the remaining provisions. These Legal Terms do not create a joint venture, partnership, employment, or agency relationship between you and us.

15. CONTACT US

In order to receive further information regarding use of the Services, please contact us at support@emblemo.app.