When you decide to use our products, website and software, you agree to this Terms of Use Agreement and to our Privacy Policy, that tells you how we handle your data.
We’re always making an effort to find the best solution for issues our customers have, so if you have any problem with our service feel free to contact us. We’re nice people trying to create a good experience for everyone.
Placid Terms of Usage (“Agreement”)
Please read these Terms of Usage (“Agreement”, “Terms of Usage”) carefully before using https://placid.app (“our site”, “our service”, “our services”) operated by Nifty Software GmbH (“us”, “we”, “our”). This Agreement contains the legally binding terms and conditions for your use of our services.
General Conditions
You must be human and legally able to form a binding contract. Otherwise you need to be directly supervised by a parent or guardian who agrees to these terms. By using our service, you agree that this is the case. We reserve the right to refuse services to anyone for any reason at any time. No shoes, no shirt, no service.
Use of Account & Property Rights
You’re responsible and liable for any activity that occurs under your account, even if someone else accesses it. This means you are responsible for any text, graphics, files, images, photos, links and other content you create with our service.
You are responsible for any infringement of copyrights, contract rights, intellectual property rights, privacy or publicity rights with any content you create with our service. By using Placid you agree that you have explicit permissions to use any content that you upload or send to our servers. We are not responsible for any claims and expenses arising out of your violation of this agreement.
We do not claim any rights to the images you create with our service or any part of them (text, graphics, photos). You own the intellectual property rights for your generated graphics.
We do not tolerate using our service to discriminate against others, especially when based on race, sex, sexual orientation, disability, health, age, religion, ancestry or national origin. Furthermore, you agree to not submit content that is inappropriate, illegal, harmful, abusive, threatening, invasive, hostile or otherwise questionable. You must ensure that your content is not obscene and does not contain material that is harmful or inappropriate to persons under the age of 18. Further, use for the following purposes is prohibited: Gambling/betting, terrorism, creation of „fake news“, military use.
We reserve our right to delete your content or permanently or temporarily terminate your account without prior notice if it violates our Terms of Use, is performing illegal actions or other activity which we deem disruptive to our service. We will not be liable for any consequences of the loss of content or termination of your account.
You must not disclose security information connected to your account like passwords with Third Parties. (This is also for your own safety!)
Limitation of Liability
We are not liable for any direct, indirect, incidental, special or consequential damages (including, but not limited to damages for loss of profits, revenue, data or data use, business interruption or loss of privacy) arising out of or in any way related to the use of or inability to use the service or any content provided on or through the site.
In addition, the liability is excluded unless the damage has been caused intentionally or through gross negligence. This does not apply in cases of loss of life or damage to the health of a person.
Our liability is in any case limited to EUR 100.00.
Fees and Services
All references to the fees for our service are referring to US Dollars (USD, “$”).
Taxes and Other Expenses
Our fees are exclusive value-added tax, except as expressly stated to the contrary. On your invoice, the VAT may or may not be stated depending on where you are situated and whether you are a private or a business customer.
Be sure to include all the data you need to be stated on your invoice for tax purposes in your settings.
Subscription
The pricing of our subscriptions are subject to change, which could be reflected on your account in the future. We will give you prior notice to any changes in pricing that affects your account, so you will have the possibility to cancel your subscription in time.
Free Trial
We may offer subscriptions with a free trial for a limited period of time and limited access to certain features. We reserve the right to modify the conditions of or cancel our free trial offer.
Monthly Subscription
If you have chosen a monthly term, your subscription will continue month-to-month unless and until you cancel or we terminate it. You must cancel your subscription before it renews each month in order to avoid billing of the next month’s subscription fees. Monthly renewals occur on the month anniversary of your initial purchase date. We will bill the monthly fee to the Payment Method you provide to us during registration or in your account settings. Subscription fees are fully earned upon payment.
With a monthly subscription, your license to use Placid will be extended monthly, and is valid for one whole month (f.ex. October 18, 2021 until November 18, 2021).
Yearly Subscription
If you have chosen a yearly term, your Placid subscription will continue year-to-year unless and until you cancel or we terminate it. You must cancel your subscription before it renews each year in order to avoid billing of the next year’s subscription fees. Yearly renewals occur on the anniversary (month and day) of your initial purchase date. We will bill the yearly membership fee to the Payment Method you provide to us during registration or in your account settings. Subscription fees are fully earned upon payment.
With a yearly subscription, your license will be extended yearly, and is valid for the year you paid for (f.ex. October 18, 2021 until October 18, 2022).
Payment Method
We do not handle any payment information on our servers. Your payment is processed by our authorized reseller and Merchant of Record Paddle.com.
All such information is subject to the privacy policy of Paddle.com (available here https://paddle.com/privacy ) or any other third party service provider as applicable.
A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You agree to provide "Paddle.com Market Limited" with accurate and complete billing information and authorize them to charge all subscription feed incurred through your Placid account.
Refunds, Cancellation, Warranty
All services are provided “as is” without any warranty of any kind including but not limited to fitness for a particular purpose.
There is no cancellation fee. You can cancel your subscription at any time, while still being able to access our service for as long as you paid for in your latest billing period. You can request a full refund during the first 30 days of your account's subscription.
Scope of License
By signing up or subscribing to our service, we grant you a non-transferrable, non-exclusive, revocable and limited license to access our services through our API or integration. We are limiting the purposes you are allowed to use our service for to be able to keep our licensing model the way it is.
Basically, we want you to only use our service, without trying to steal from us for your own profit (or for fun).
You are not allowed to:
- Reproduce, copy, modify, distribute, market, display, transfer, sublicense, assign, prepare derivative work(s) or adaption(s) based on, sell, exchange, barter or transfer, rent, lease, loan, time-share, resell, or in any other manner exploit our product or service. (Don’t create your own product or service based on Placid and don’t sell access to it in any way.)
- Make access to our services available to unauthorized parties (Don’t let anyone else use our service through your license.)
- Disassemble, translate, reverse engineer or otherwise decompile our API service or integrations (Don’t take our product apart.)
- Use or permit others to use, market, distribute or export our API service or integrations (Don’t sell parts of or access to our service.)
- Knowingly cause anything that will impair or jeopardize the function of our service (Don’t hack for fun.)
The access and use of our services is licensed – it’s not sold. You do not buy ownership.
Usage & License limits
Credit-based Plans
The scope of use for credit-based subscriptions is based on the plan you chose. You can generate images in the amount equivalent to the credits acquired.
Credits will be added to your account on the monthly anniversary date of your subscription. They expire after one whole month. We may offer the possibility to use credits after they expired under certain conditions at our discretion (e.g. granting a certain amount of unused credits to roll over each month).
Unlimited Plans (legacy)
We provide you with the possibility to request an unlimited amount of generated images with our legacy plans.
This service is provided on a fair-use basis. „Unlimited“ does not mean that you can send unlimited API requests per minute. We reserve our right to limit the number of requests to a quantity we deem fit for the intended purpose of our service.
If you continuously exhaust the capacity of our service in a way we believe to be malicious, we reserve our right to limit or throttle the number of calls available for your license specifically, or ultimately terminate this agreement.
Additionally to the limitation of fair-use, resource limits are effective, depending on your plan. Resources are defined as "items you create images for". What a resource is depends on your project - f.ex. posts on a blog, users of an app, job postings on a career portal.
Unavailability of Service
We aim at creating a service that is available as continuously as possible. However, you acknowledge that from time to time our API or services may be inaccessible or inoperable for various reasons including, but not limited to:
- Hardware or software malfunctions
- Maintenance procedures or repairs
- Causes not reasonably foreseeable or beyond our control
Provided Images & Fonts
We do not claim any rights for any photos offered in our product (f.ex. free stock photos in our templates). Photos available within Placid are all free images provided by third party services (including, but not limited to unsplash.com).
All the fonts included are provided by Google Fonts. Google Fonts handles all the licensing and hosting and they are subject to their Terms of Service.
We cannot guarantee access to any of these assets, as we are not responsible for their updates, removals or modifications.
Links to other sites
Our service may contain links to third-party sites that are not owned by us. We have no control or responsibility over the content, privacy policies or practices of any third-party site or service. Please read the terms and conditions and privacy policy of any third-party site that you visit!
Data Protection
With signing up for Placid you agree that your personal data (name, Business Register Number, contact person, business address, e-mail address, VAT number) will be collected, stored and processed electronically for providing our service.
We may send you information about updates, billing and our service in general via e-mail.
For more information on Privacy and how we handle your data, read our Privacy Policy.
Governing Law
The agreements shall be subject to the laws of Austria excluding the UN Convention on Contracts for the International Sale of Goods.
Severability Clause
Should a provision of these conditions be or become void, this shall not affect the validity of the other conditions and of the agreement.
Changes to this Agreement
We reserve our right to change, modify or replace these Terms of Usage at our sole discretion by posting the updated terms on our website https://placid.app/terms-and-conditions. Please review this Agreement periodically for changes.
last updated: 18.11.2024