Terms of Service

Last Updated: December 17, 2024

1. AGREEMENT TO TERMS

By accessing or using Paleye (“Service”, “Platform”, “we”, “us”, or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the Service.

Service Provider: Individual Entrepreneur Iurii Romaniuk Contact: administrator@paleye.art

2. DESCRIPTION OF SERVICE

Paleye provides AI-powered design consultation services through an interactive conversational platform. The Service includes:

  • Multimodal semantic search for color palettes and design inspiration
  • AI-powered design consultation agent (“Interior Master”)
  • Professional mood board and specification generation
  • Virtual currency system (“Inks”) for service access
  • User account management and transaction history

3. ELIGIBILITY

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. ACCOUNT REGISTRATION

4.1 Account Creation

  • You must register using a valid Google account via OAuth2 authentication
  • You are responsible for maintaining the confidentiality of your account credentials
  • You agree to provide accurate, current, and complete information
  • You are responsible for all activities under your account

4.2 Account Security

  • Notify us immediately at administrator@paleye.art of any unauthorized access
  • We are not liable for losses resulting from unauthorized account use
  • You may not share, transfer, or sell your account to others

5. VIRTUAL CURRENCY (“INKS”)

5.1 Nature of Inks

Inks are a virtual currency used exclusively within the Paleye platform to access AI-powered services. Inks:

  • Have no monetary value and cannot be exchanged for cash
  • Are non-transferable between users
  • Do not expire
  • Are non-refundable except as specified in Section 8
  • Are forfeited upon account termination

5.2 Purchasing Inks

  • Inks are purchased through our third-party payment processor, Paddle.com
  • All purchases are final unless otherwise stated in our Refund Policy
  • Prices are subject to change with reasonable notice
  • You are responsible for all applicable taxes

5.3 Using Inks

  • Inks are deducted from your balance when you use paid services
  • Sufficient balance is required before service delivery
  • Service pricing is displayed before each transaction
  • Transaction history is available in your account

5.4 Free Inks

  • New users receive 100 free inks upon registration
  • Promotional inks may be offered at our discretion
  • Free inks are subject to the same terms as purchased inks

6. SERVICE USAGE

6.1 Permitted Use

You may use the Service for:

  • Personal design consultation and inspiration
  • Creating mood boards and design specifications
  • Searching and browsing color palettes
  • Educational purposes related to design

6.2 Prohibited Use

You may NOT:

  • Use the Service for any illegal purpose
  • Attempt to reverse engineer, decompile, or hack the Service
  • Use automated systems (bots, scrapers) without permission
  • Resell, redistribute, or commercialize Service outputs without authorization
  • Violate intellectual property rights
  • Harass, abuse, or harm others through the Service
  • Upload malicious code or attempt to disrupt the Service
  • Create multiple accounts to abuse free credits
  • Use the Service to generate content that violates laws or third-party rights

6.3 Service Limitations

  • The Service is provided “as is” without guarantees of availability
  • We may impose usage limits to prevent abuse
  • AI-generated content is for informational purposes only
  • Results depend on user input quality and may vary

7. INTELLECTUAL PROPERTY

7.1 Our Rights

  • The Service, including software, design, and content, is owned by us or our licensors
  • Our trademarks, logos, and brand features are protected
  • You may not use our intellectual property without written permission

7.2 Your Rights

  • You retain ownership of content you upload (images, descriptions)
  • You grant us a license to use your content to provide the Service
  • AI-generated outputs (mood boards, specifications) are licensed to you for personal or commercial use
  • You may not claim AI-generated outputs as solely your original work

7.3 Third-Party Content

  • The Service may include third-party content (color palettes, images)
  • Third-party content is subject to respective owners’ rights
  • We do not claim ownership of third-party content

8. REFUNDS AND CANCELLATIONS

Please refer to our separate Refund Policy for detailed information. In summary:

  • Inks purchases are generally non-refundable
  • Refunds may be granted for technical errors or service failures
  • Unused inks are forfeited upon account closure
  • Refund requests must be submitted within 14 days of purchase
  • By spending Inks, you expressly consent to the immediate performance of the contract and acknowledge that you lose your right of withdrawal once the service is rendered

9. DISCLAIMERS

9.1 Service Availability

  • We do not guarantee uninterrupted or error-free service
  • The Service may be unavailable due to maintenance, updates, or technical issues
  • We reserve the right to modify or discontinue features without notice

9.2 AI-Generated Content

  • AI-generated advice is for informational purposes only
  • We do not guarantee accuracy, completeness, or suitability
  • AI outputs should not replace professional design services
  • You are responsible for verifying and validating AI recommendations

9.3 No Professional Advice

  • The Service does not provide professional design, architectural, or engineering advice
  • Consult qualified professionals for critical design decisions
  • We are not liable for decisions made based on Service outputs

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR INKS IN THE PAST 12 MONTHS
  • WE ARE NOT LIABLE FOR LOSSES RESULTING FROM:
    • Service interruptions or errors
    • Unauthorized account access due to your negligence
    • Third-party actions or content
    • Your reliance on AI-generated content
    • Loss of data or inks due to technical issues

SOME JURISDICTIONS DO NOT ALLOW LIMITATION OF LIABILITY, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to indemnify and hold harmless the Service Provider, its affiliates, and personnel from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your violation of these Terms
  • Your use of the Service
  • Your content or conduct
  • Your violation of third-party rights

12. TERMINATION

12.1 By You

  • You may close your account at any time through account settings
  • Unused inks are forfeited upon account closure
  • Some data may be retained as required by law

12.2 By Us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Engage in fraudulent or abusive behavior
  • Fail to pay for services
  • Create risk or legal exposure for us

12.3 Effect of Termination

  • Your right to use the Service immediately ceases
  • Unused inks are forfeited without refund
  • Sections that should survive termination remain in effect

13. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Please review our Privacy Policy, which explains:

  • What data we collect and why
  • How we use and protect your data
  • Your rights under GDPR and other privacy laws
  • How to exercise your data rights

By using the Service, you consent to data processing as described in our Privacy Policy.

14. PAYMENT PROCESSING

14.1 Third-Party Processor

  • Payments are processed by Paddle.com, a third-party payment gateway
  • Your payment information is handled by Paddle.com, not by us
  • Paddle.com terms and privacy policy apply to payment processing

14.2 Payment Security

  • We do not store credit card information
  • All transactions are encrypted and secure
  • You are responsible for payment method accuracy

15. MODIFICATIONS TO TERMS

  • We may update these Terms at any time
  • Material changes will be notified via email or Service notification
  • Continued use after changes constitutes acceptance
  • If you disagree with changes, you must stop using the Service

16. MODIFICATIONS TO SERVICE

We reserve the right to:

  • Modify or discontinue features
  • Change pricing with reasonable notice
  • Update service offerings
  • Impose or modify usage limits

17. GOVERNING LAW AND DISPUTES

17.1 Governing Law

These Terms are governed by the laws of Poland, without regard to conflict of law principles.

17.2 Dispute Resolution

  • Disputes should first be addressed by contacting administrator@paleye.art
  • If informal resolution fails, disputes will be resolved through binding arbitration
  • You waive the right to participate in class actions
  • Small claims court remains available for qualifying disputes

17.3 Jurisdiction

For users in the European Union, you may bring claims in your country of residence. For other users, exclusive jurisdiction is the courts of Warsaw, Poland.

18. INTERNATIONAL USE

  • The Service is operated from Warsaw, Poland
  • We make no representation that the Service is appropriate or available in all locations
  • Access from territories where content is illegal is prohibited
  • You are responsible for compliance with local laws

19. CHILDREN’S PRIVACY

The Service is not intended for users under 18. We do not knowingly collect information from children. If we learn we have collected data from a child, we will delete it promptly.

20. ACCESSIBILITY

We strive to make the Service accessible to users with disabilities. If you experience accessibility issues, please contact us at administrator@paleye.art.

21. FORCE MAJEURE

We are not liable for delays or failures due to circumstances beyond our reasonable control, including:

  • Natural disasters
  • War, terrorism, or civil unrest
  • Government actions
  • Internet or telecommunications failures
  • Third-party service disruptions

22. SEVERABILITY

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

23. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us regarding the Service.

24. NO WAIVER

Our failure to enforce any right or provision does not constitute a waiver of that right or provision.

25. ASSIGNMENT

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

26. CONTACT INFORMATION

For questions about these Terms, contact us at:

Email: administrator@paleye.art
Service Provider: Individual Entrepreneur Iurii Romaniuk NIP:9512388147 Response Time: We aim to respond within 48 business hours

27. ACKNOWLEDGMENT

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Version: 1.0
Effective Date: December 17, 2024
Last Updated: December 17, 2024