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 e.U. (“us”, “we”, “our”). This Agreement contains the legally binding terms and conditions for your use of our services.
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 via the API. 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, (mental) 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.
You must not disclose security information connected to your account like passwords with Third Parties. (This is also for your own safety!)
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.
The Placid Pro Subscription monthly and yearly pricing is subject to change, which will be reflected on your account. We will give you prior notice to any changes in pricing, so you will have the possibility to cancel your subscription in time.
If you have chosen a monthly term, your Placid 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 Pro will be extended monthly, and is valid for one whole month (f.ex. October 18, 2019 until November 18, 2019).
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, 2019 until October 18, 2020).
One-time purchase (Integrations)
If you choose to buy a Placid integration (f.ex. for WordPress), you will have to make a one-time payment to license the service for your user. This payment grants you access to our service through your integration for as long as our service exists, under the effective license limits.
In case we close down our service, you will be notified in advance and will be able to keep all your generated images.
Credit Card Authorization
By entering a subscription with us, you are explicitly authorizing us to charge your credit card on a recurring basis. When upgrading your Placid account, you agree that all immediate and future charges as per our Pro plan are pre-authorized. Charges on subscriptions are non-refundable.
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.
We offer no refunds for partial months or years.
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 Placid 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.
We provide you with the possibility to request an unlimited amount of generated images with all our plans.
We are aware that you may require our service with different intensity over time, depending on the status of the project(s) in which you use Placid. This is why we don’t want to set a definitive limit of images you are allowed to generate.
However, 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, these limits are effective, depending on your plan:
- Placid Pro: You are allowed to use our service to create images on 3 different domains.
- Placid Integration for WordPress: You are allowed to use our service on one domain with < 500 (personal license) or < 2.000 (business license) pages.
Speed of Service
As a free user of Placid, you have to expect waiting times for your images, as your requests will be added to a collective image generation queue for free users.
As a Pro user (including integration users), you get your own worker, and therefore your own queue. Waiting times are significantly reduced by that. Please note that image generation can still take some time when you add a significant amount of images to your queue.
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 with Placid are provided by Google Fonts. Google Fonts handles all the licensing and hosting and they are subject to their Terms of Service https://developers.google.com/terms/.
We cannot guarantee access to any of these assets, as we are not responsible for their updates, removals or modifications.
Links to other sites
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 (f.ex. for billing and login purposes).
We may send you information about updates, billing and our service in general via e-mail.
The Agreement and all mutual rights and duties resulting therefrom as well as any claims us and our customers shall be subject to Austrian substantive law, and its conflicts of laws rules and UN Sales Law shall be excluded. The agreed place of jurisdiction for all legal disputes arising between us and our customers in connection with this contractual relationship shall be the court having jurisdiction over the subject-matter and our registered office (Austria).
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 – 21.05.2018