Terms of use and sale

1. Who we are and acceptance

Stock Creatives is a service provided by [[PENDIENTE: nombre y apellidos o razón social del titular]], whose details appear in the legal notice. In these terms, “we” means the owner of the service and “you” means the person or business that signs up and uses it.

When you create your account, you tick the box to accept these terms and the privacy policy, and we record the date you did so. If you sign up on behalf of a business, you confirm that you are authorized to bind it. You must be at least [[PENDIENTE: edad mínima para usar el servicio]] years old and legally able to enter into contracts.

The service is open to consumers and businesses in any country. Some clauses only apply to consumers (for example, the right of withdrawal), and we say so where relevant. Nothing in these terms limits the rights that the law of your country gives you as a consumer and that cannot be waived by contract.

2. The service

Stock Creatives is a web app for people who sell AI-generated images on stock sites. Among other things, it lets you:

• Generate images with AI models in different qualities, and SVG vectors.
• Retouch areas of an image, use generative fill and fix hands in the editor.
• Upscale images 3x, whether generated in the app or uploaded by you.
• Create titles, keywords and the CSV file for uploading images to stock sites. This step is free: it doesn't use credits.
• Automatically check images for problems with hands, text or logos.

Results are produced automatically by AI and may contain errors, defects or similarities to other images. The automatic checks and the titles and keywords are there to help: always review the result before using or uploading it. We may replace the AI models we use with equivalent or better ones, and add or remove features; if removing a feature significantly affects what you paid for, we'll let you know and you'll be able to cancel.

3. Your account

• You sign up with your email address and a password of at least 8 characters. Your email is your username.
• You must confirm your email with the link we send you (it expires after 7 days; you can request a new one from the app).
• You are responsible for keeping your password secret and for everything done with your account. If you think someone is using it without permission, change your password (this logs out all open sessions) and let us know.
• The information you give us must be accurate. You can close your account at any time by emailing [[PENDIENTE: email de contacto]].

4. Free trial

When you confirm your email, you get a one-time allowance of trial credits and upscales, with no payment or card required. The amount is shown in the app. The trial is one per person: creating multiple accounts to get more trials is not allowed, and we may cancel those credits and close the accounts. Trial credits are not renewed. [[PENDIENTE: indicar si los créditos de prueba caducan y cuándo]]

5. Plans, credits and upscales

• Plans are monthly subscriptions. Each plan includes a number of credits (to generate images and vectors, retouch, use generative fill and fix hands) and an allowance of upscales (each 3x upscale uses 1). Plans and what they include are listed on the pricing page.
• What each action costs is shown on the pricing page and in the app before you do it. Credits are deducted when you request the action, whether or not you like the result.
• Credits and upscales reset with each monthly payment: when the monthly fee is charged, your balance becomes the amount included in your plan. Anything you didn't use during the month does not roll over to the next one. [[PENDIENTE: confirmar caducidad de los créditos y upscales no usados]]
• If you run out of upscales, we may offer one-off packs of extra upscales, which are added to your allowance once payment is confirmed. Like the rest of your balance, they don't roll over to the next month. [[PENDIENTE: precio y condiciones de los paquetes de upscales extra; confirmar que caducan con la mensualidad]]
• Credits and upscales have no cash value, can't be exchanged for money or transferred to another account, and can only be used within Stock Creatives.
• To keep the service working well for everyone, there are reasonable usage limits (for example, a maximum number of images per request and of requests per minute). The app tells you if you reach them.

6. Prices and taxes

Prices are in euros and shown excluding taxes. Applicable taxes (such as VAT) are calculated at checkout based on your country and on whether you are an individual or a business, and are shown separately before you pay. If you are a business, you can enter your tax ID (VAT number or equivalent); where the reverse charge applies, no VAT will be charged on the invoice.

You'll receive an invoice for each payment, and you can download your invoices from the billing portal, which you reach from the app.

We may change our prices. If the price of your plan changes, we'll email you at least [[PENDIENTE: días de preaviso de cambios de precio]] days in advance and the new price will apply from your next renewal. If you don't agree, you can cancel before that date.

7. Payment and automatic renewal

You pay by card on the checkout page of Stripe, our payment provider. By subscribing, you authorize a recurring monthly charge: your subscription renews automatically every month, on the same date you subscribed (or last changed plans), until you cancel it.

Your balance is loaded once the payment is confirmed. If a payment fails, your balance isn't renewed until it is paid. If the payment ultimately can't be collected, the subscription ends, with the effects described in section 9. [[PENDIENTE: confirmar los reintentos de cobro configurados en Stripe]]

You can update your card and view your invoices in the billing portal.

8. Changing plans

You can change to a bigger or smaller plan from the plans panel in the app. When you do:

• A new month starts right away. That date becomes your renewal date.
• You're charged for the new plan minus the unused part of what you paid for the previous one, in proportion to the time left. The calculation appears on the invoice.
• Your balance becomes the new plan's balance: it isn't added to the credits and upscales you had left from the previous plan.
• If the payment for the new plan doesn't go through, your subscription stays as it was.

9. Cancellation

• You can cancel your subscription at any time from the billing portal. There is no minimum term.
• Cancellation takes effect at the end of the period you've already paid for. Until then you keep your plan, can use your balance and won't be charged again.
• When the subscription ends, you no longer have a plan or a balance: any unused credits and upscales are lost. Your account stays open and you can subscribe again whenever you like.
• Except as set out in section 11 on the right of withdrawal or where the law requires otherwise, we don't refund periods that have already started.

10. Credit refunds for technical failures

If an action fails because of a technical problem on our side or with one of our providers (for example, a generation or upscale doesn't produce a result), we automatically return the credits or upscale it used. Each charge is refunded at most once.

We don't refund credits or upscales for results you don't like, for mistakes in your prompt or the settings you chose, or because a stock site rejects an image. If you think you were charged for a technical failure and it wasn't refunded, email us at [[PENDIENTE: email de contacto]].

11. Right of withdrawal (consumers only)

If you are a consumer, you have the right to withdraw from a plan purchase within 14 calendar days of buying it, without giving any reason (Articles 102 et seq. of Spain's General Law for the Protection of Consumers and Users, and equivalent EU rules).

Exception: Stock Creatives provides digital content not supplied on a physical medium and a service that starts immediately. At checkout, we ask for your express consent to start using your plan right away and for your acknowledgment that, once you start using it (for example, by spending credits or upscales from the plan), you lose your right of withdrawal (Article 103(a) and (m) of that law). We'll confirm that consent by email. (you tick a mandatory box on the checkout page and receive the confirmation by email with your receipt)

If you withdraw within the 14 days without having used the plan, we'll refund everything you paid, using the same payment method, within 14 days of receiving your request. To withdraw, email [[PENDIENTE: email de contacto]] with your name, your account email and the purchase date; you can use the model withdrawal form set out by law, but you don't have to. [[PENDIENTE: publicar el modelo de formulario de desistimiento]]

The right of withdrawal doesn't apply to the free trial, to later monthly renewals, or to businesses and professionals.

12. Your content and what you generate

• What you upload is yours. To provide the service, you allow us to store it, process it and send it to the providers that make the service work (see the privacy policy), only for that purpose and for as long as needed. You must have the rights and permissions needed for everything you upload.
• What you generate. We don't claim ownership of the images, vectors, titles and keywords you generate with Stock Creatives, and you can use them commercially, including selling them on stock sites, in line with the law and these terms. Keep in mind that in many countries AI-generated content may not be protected by copyright, and that other people may get similar results: we don't guarantee exclusivity.
• AI providers' terms. Content is generated with third-party models whose usage policies also apply to what you request and generate. You may not use Stock Creatives to get around those policies.
• Each stock site's rules. You alone are responsible for following the rules of every stock site where you upload your content: technical requirements, labeling, model and property releases, similar content and so on. For example, Adobe Stock requires AI-made content to be marked with the “Created using generative AI tools” checkbox. You can read about several sites' requirements in our guide to stock sites that accept AI images, but the official rules are each site's own and may change.
• No guarantee of acceptance or earnings. We don't guarantee that stock sites will accept your images, that they will sell, or any amount of income. Nor are we responsible if a stock site rejects your content or suspends your contributor account.

13. Acceptable use

You may not use Stock Creatives to create, upload or share content that:

• Depicts real, identifiable people without their permission, or is used to impersonate, discredit or mislead about them (including deepfakes).
• Infringes trademarks, logos, designs, copyrighted works or other third-party rights, or recognizably imitates protected characters or works.
• Is illegal, including any sexual content involving minors, content that incites hatred, violence or terrorism, or content that violates other people's privacy.
• Is sexually explicit or breaches the AI providers' usage policies.
• Is meant to deceive or defraud, such as fake documents or evidence presented as real.

You also may not:

• Create multiple accounts to get more free trials, or share or resell your account or balance.
• Try to access other users' accounts or content, get around usage limits, overload the service or automate its use in ways not provided for.
• Copy, decompile or resell the service, or use it to build a competing product.

14. Availability and content storage

We aim to keep the service available at all times, but we can't guarantee it: there may be downtime for maintenance, provider outages or reasons beyond our control. Some tasks (such as upscaling) may take longer when the graphics cards need to start up.

We keep your content for [[PENDIENTE: plazo de conservación de imágenes]]. Stock Creatives is not a backup service: download and keep anything you want to hold on to.

15. Suspension and account closure

We may suspend or close your account if you break these terms, if there are signs of fraud or abuse, if you reverse a payment without good reason, or if the law or an authority requires it. We'll let you know and explain why, unless we can't for legal or security reasons or the breach is serious. If the closure is due to your breach, we won't refund what you've already paid, unless the law says otherwise.

If the closure is because we stop providing the service, we'll give you reasonable notice and refund the proportional part of the paid period you can't use.

16. Liability

We are responsible for providing the service with due care. We are not responsible for damage caused by the content you upload or generate and how you use it, by decisions of third parties (such as stock sites), by failures of networks or services outside our control, or by force majeure.

If you are a business or professional, we are not liable for loss of profits, lost sales or data, or indirect damages, and our total liability is limited to what you paid us in the 12 months before the event giving rise to it. These limitations don't apply in cases of willful misconduct or gross negligence.

If you are a consumer, we are liable as provided by applicable law, and nothing in this section limits your legal rights.

You must hold us harmless from third-party claims caused by the content you upload or generate or by your use of the service in breach of these terms.

17. Changes to these terms

We may change these terms because of changes to the service, the law or our providers. We'll email you at least [[PENDIENTE: días de preaviso de cambios en las condiciones]] days before significant changes take effect. If you don't agree, you can cancel your subscription before that date; if you keep using the service afterwards, the new terms will apply.

18. Governing law, jurisdiction and complaints

These terms are governed by Spanish law. If you are a consumer, you keep the protection of the mandatory laws of your country of residence, and the courts of your place of residence have jurisdiction over any dispute. If you are a business or professional, the parties submit to the courts of [[PENDIENTE: ciudad de los juzgados para empresas]], Spain.

Before going to court, email us at [[PENDIENTE: email de contacto]] and we'll try to resolve the issue. [[PENDIENTE: indicar si el titular está adherido a algún sistema de arbitraje de consumo o de resolución alternativa de litigios]]