CosmosCanvas

Terms of Conditions

Terms and Conditions

Last updated: 28 April 2025

Welcome to https://cosmoscanvas.net (the “Website”), operated by Optimairarium s.r.o, registry code: 23309962, registered address: Rybna 716/24, Old Town, 110 00 Prague 1 (“we,” “us,” or the “Company”).

Please read these Terms and Conditions (“Terms”) carefully before using or accessing any materials, information, products, or services (“Services”) through the Website. By accessing or using the Website, its Services, or Content, or by creating a User Account, you agree to be bound by these Terms, our Privacy Notice, Cookie Notice, and any additional terms or policies referenced herein or available by hyperlink on the Website (collectively, the “Terms of Use”). If you do not accept all of these Terms and referenced documents, you must not use the Website, Platform, or Services.

These Terms apply to all users, including consumers, browsers, customers, suppliers, and representatives of legal entities.

By accessing or using any part of our Website or Platform, or by registering a User Account, you confirm that you have read, understood, and agree to be bound by the Terms of Use. Where required by law, you also consent to the collection and processing of your personal data as described in the Privacy Notice and Cookie Notice (the “Acceptance”).

Questions:

If you have any questions or concerns about these Terms, please contact us at: support@cosmoscanvas.net

1. Terms and Definitions

For the purposes of these Terms, the following definitions apply:

API: Application Programming Interface provided by OpenAI (see https://openai.com/about).
Business Days: Any day other than a Saturday, Sunday, or public holiday when banks and government authorities in Czech Republic are open for business.
Platform: The Website, all Content, and Services made available via the Website.
User Account: The account created by an individual user to access Platform features and resources.
AI Image Generation Technology: The advanced AI technology, operated via the API, that powers content creation on the Platform.
Content: All materials, including text, images, animations, databases, graphics, logos, trademarks, icons, buttons, pictures, videos, and sound recordings, included or available on the Platform.
User-Generated Content: Any content created by users on the Platform, including artwork and other materials.
Intellectual Property: All intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and other proprietary rights.
Privacy Notice: The document outlining how we collect, use, and protect your personal information, available on our Platform.
Points: Internal, virtual items that may be used within the Platform to order Services.
Consumer: A natural person who is acting for purposes outside his or her trade, business, craft, or profession.
You, your, user: Any natural person using or accessing our Platform.

2. Service Description

Our Platform provides users with access to AI Image Generation Technology, allowing users to create digital artworks and visuals. The Platform may also provide image filters, editing tools, templates, artistic effects, and other features to enhance the user experience.

Disclaimer: Our Services are provided for personal, non-commercial home use only. We make no representations, warranties, or guarantees regarding any results obtained through the use of our Services. You are solely responsible for your decisions and any actions you take based on content from the Services.

3. Changes to Terms

We may modify these Terms at any time by posting an updated version on the Website. For material changes, we will provide reasonable advance notice, either via email or on the Platform, where practicable. Changes do not affect rights and obligations that arose before the changes were made. Your continued use of the Platform following a change means that you accept the updated Terms. If you disagree with any provision of the Terms or any changes, your sole remedy is to stop using the Platform and close your User Account.

We may, at our sole discretion, modify, suspend, or discontinue the Website, Services, or any part of the Platform at any time, with or without notice. We are not liable for any losses or damages resulting from such changes.

4. User Eligibility and Enforceability Against Minors

You must be at least 18 years old or the age of majority in your jurisdiction to use the Platform, or you must have the express consent of your parent or legal guardian. If you are under 18 (or the age of majority), your parent or legal guardian must review these Terms and agree to be bound by them and to take full responsibility for your actions and obligations. We may request proof of age or parental/legal guardian consent at any time and may suspend or terminate your account if you do not meet the eligibility criteria or provide such proof upon request. If you are a parent or legal guardian and allow a minor to use the Platform, you agree to these Terms and accept responsibility for their use, including all payments and obligations.

Access to and use of our Platform is restricted in certain jurisdictions, as listed below and as updated from time to time to comply with applicable laws: Afghanistan, Albania, Algeria, Angola, Belarus, Bosnia and Herzegovina, Bulgaria, Burkina Faso, Burundi, Cameroon, Central African Republic, Chad, China, Croatia, Cuba, Democratic Republic of the Congo, Democratic People's Republic of Korea (North Korea), Ethiopia, Gabon, Guatemala, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Kenya, Kosovo, Laos, Lebanon, Liberia, Libya, Madagascar, Mali, Moldova, Monaco, Montenegro, Mozambique, Myanmar (Burma), Namibia, Nicaragua, Niger, Nigeria, Northern Cyprus, North Macedonia, Philippines, Republic of Congo, Russia, Senegal, Serbia, Sierra Leone, Somalia, South Africa, South Sudan, Sri Lanka, Sudan, Suriname, Syria, Tanzania, Tunisia, Venezuela, Vietnam, Yemen, Zimbabwe as well as all disputed/occupied territories (e.g., Northern Cyprus, Crimea, Donetsk, Kherson, Luhansk and Zaporizhzhia territories etc.) and any other jurisdiction where it would be illegal under applicable laws and regulations with regard to the Company. Please note that this list may change as necessary to maintain strict adherence to all applicable legal requirements.

By using the Platform, you represent and warrant that you meet these eligibility criteria.

5. User Account

To access certain features of the Platform, you must create a User Account. You agree to:

Maintain the confidentiality of your login information;
Accept full responsibility for all activities under your account;
Notify us immediately of any unauthorized use or security breach.

You must provide accurate, complete, and up-to-date information during registration and keep it updated thereafter. Providing false, misleading, or fraudulent information may result in termination or restriction of your User Account.

We reserve the right to suspend or terminate access to your User Account, with or without notice, if we reasonably believe you have violated these Terms or engaged in unauthorized or fraudulent activity.

6. Price, Payment, Delivery and Withdrawal Policy

Prices and Fees

All prices are published on the Website, inclusive of all applicable taxes and charges, and may change periodically. Before you make any purchase, the total price (including all charges, applicable taxes, and delivery or digital delivery costs) will be disclosed. You are responsible for ensuring your payment information is correct and that you are authorized to use it.

Account Top-Up

Certain Platform features require you to purchase Points (virtual currency) by topping up your User Account. The conversion rate is 1 Euro = 1 Point unless indicated otherwise. You may top up using available payment methods stated on the Website.

Points Policy

Points are granted under a revocable, non-transferable, non-exclusive, limited license for use within your User Account and Platform for your personal non-commercial purpose.
Points may only be used to obtain Services on the Platform, are not legal tender, and cannot be resold, redeemed for cash, or transferred for value.
Points do not expire. However, we reserve the right to change the value of, modify, or eliminate Points, provided that Points already purchased will not be unilaterally voided except in cases of suspected fraud, breach of these Terms, or if required by law.
Points are non-refundable except as expressly provided in these Terms or as required by EU consumer law.

Payment and Security

We use secure payment processors. Payments are subject to the terms and conditions of those processors. We are not liable for errors or omissions by third parties.

Delivery

Points are credited to your User Account immediately upon successful payment. Digital deliverables (e.g., User-Generated Content) are delivered within 2 Business Days of your order, unless otherwise communicated.

7. Consumer Right of Withdrawal (EU/EEA/UK/Switzerland)

If you are a consumer resident in the EU, EEA, UK, or Switzerland, you have the right to withdraw from a contract for the purchase of Services (including Points) within 14 days of purchase, unless you have expressly consented to and acknowledged the immediate delivery and waive your withdrawal right at the time of purchase.

If you have not used the Points, you may exercise your statutory right of withdrawal by contacting support@cosmoscanvas.net within 14 days. If you request delivery or access to Services before the expiry of the 14-day withdrawal period, you expressly agree that your right of withdrawal is lost once performance begins (i.e., when the Points or Services are delivered/activated), as provided by EU consumer protection law.

A model withdrawal form is available at the end of these Terms.

Refunds, where applicable, will be processed without undue delay and, in any event, within 14 days from the day on which we are informed of your decision to withdraw. If you request a refund, we may require verification of your claim, and we reserve the right to deduct from the refund any fees or usage already incurred.

8. Refund Policy & Chargeback Procedure

Purchases of Points and Services are non-refundable except as expressly provided in these Terms or as required by law.

Refunds are considered only in the following cases:

Proven technical error on our part that prevents you from using the purchased Service, which our support team cannot resolve within 5 Business Days of your notification;
Unauthorized transaction promptly reported and confirmed after investigation;
Payment error, such as overcharge, with supporting documentation.

To request a refund, email support@cosmoscanvas.net within 14 days of the transaction, stating your claim. Additional documentation may be required. Refunds, if approved, will be processed within 14 days (unless a longer period is justified due to your payment provider).

Chargebacks: If you initiate a chargeback or payment dispute without first following our refund process, your account may be suspended and Points forfeit. We may contest fraudulent or abusive chargebacks and provide payment processors with transaction/communication evidence. This does not affect your statutory rights.

No refunds are available for:

Requests after 14 days from the transaction date;
Points or Services already used in full or in part;
Cases of fraud, abuse, or violation of these Terms.

9. Intellectual Property Rights

All intellectual property rights in the Platform, its design, source code, and all Content (excluding User-Generated Content) belong to the Company or its licensors. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

All trade names, trademarks, logos, and product names used on the Website are property of their respective owners. References to third-party products or trademarks do not imply any endorsement or association.

If you believe your rights are infringed, contact support@cosmoscanvas.net with:

A description of the copyrighted work;
The location of the allegedly infringing material;
Your contact details;
A good faith statement and a declaration, under penalty of perjury, that you own or are authorized to act.

We will investigate and, where required, remove infringing content.

10. User-Generated Content Ownership and License

You retain all rights, including copyright, in content you create using the Platform. You are responsible for ensuring your content does not infringe any third-party rights, and you represent that you have all necessary permissions for your content. By posting or creating User-Generated Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, host, and reproduce your content within the Platform and for related marketing or promotional purposes, only if your content is public or you have expressly consented.

11. Prohibited Conduct (“Fair Use” and Suspension)

You agree not to:

Use the Services if you are not legally able to enter into these Terms;
Copy, reproduce, modify, translate, reverse engineer, disassemble, or decompile any part of the Services unless permitted by law;
Market, rent, lease, sublicense, redistribute, or commercialize the Services without written consent;
Interfere with, disrupt, or attempt to gain unauthorized access to the Platform or others’ accounts;
Use automated tools (e.g., bots, scrapers) unless expressly permitted;
Impersonate others or misrepresent your affiliation;
Upload illegal, infringing, malicious, or offensive material;
Engage in activity that is excessive, unfair, or impacts other users’ enjoyment of the Services or is inconsistent with normal expected use, as reasonably determined by us;
Violate any laws, regulations, or third-party rights.

Violation may result in the suspension or termination of your User Account, forfeiture of Points, or other remedial action.

Parameters for "unfair" or "excessive" use will be reasonably determined and communicated to users before taking action, and consumers have the right to present their arguments before any suspension.

12. Privacy, GDPR & Data Processing

Your privacy is important to us. We process personal data in accordance with the GDPR and other applicable EU data protection laws. Details are provided in our Privacy Notice. By using the Platform, you consent to data processing as described and have the right to access, rectify, delete, restrict, or port your personal data, and to lodge a complaint with your supervisory authority.

13. No Warranties

THE PLATFORM, SERVICES, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE CONSUMER RIGHTS THAT CANNOT BE EXCLUDED UNDER EU LAW.

THE COMPANY IS NOT AFFILIATED WITH OR ENDORSED BY OPENAI OR OTHER RIGHTSHOLDERS.

14. Limitation of Liability

To the maximum extent permitted by law, we, our affiliates, directors, employees, or licensors are not liable for any indirect, incidental, special, punitive, or consequential damages arising from use of the Platform.

Nothing in these Terms limits or excludes liability for fraud, death, or personal injury caused by negligence or wilful misconduct, or your statutory rights as a consumer under applicable EU or national law.

15. Third-Party Links

We may post links to third-party websites. We are not responsible for the content or privacy practices of external sites, and your use of third-party sites is at your own risk.

16. Indemnification

If permitted by applicable law, you agree to indemnify, defend, and hold harmless the Company from third-party claims, demands, damages, liabilities, costs, or expenses arising from your use of the Platform, your User-Generated Content, or your breach of these Terms. This does not limit your consumer rights in the EU.

17. Term and Termination

Term: These Terms become binding to you upon Acceptance and remain in force until terminated by you or us in accordance with this section.
Termination by you: You may close your User Account and cease use of the Services at any time.
Termination by us: We may suspend or terminate your User Account or access to the Services, with reasonable advance notice, for violation of these Terms or applicable law, including suspected unauthorized, abusive, or fraudulent activity. We may also restrict, suspend, or terminate the Platform for legal or security reasons.
Effect: Upon termination, access to your Account and associated data may be permanently deleted, and you forfeit all Points. Where technically feasible and consistent with our legal and security obligations, we will allow you to export your User-Generated Content before termination. You have a right to receive any digital content you have paid for, except in cases of serious breach of contract.
Survival: Sections 9, 10, 12, 13, 14, 16 and any provisions necessary to give effect to their terms will survive for 10 years after Termination, unless precluded by mandatory law.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of Czech Republic, except where overriding mandatory EU consumer law applies. All disputes with consumers will be subject to the jurisdiction required by EU Regulation 1215/2012 and other applicable EU consumer law.

If you are a consumer resident in the EU, you may also access the European ODR platform for dispute resolution: http://ec.europa.eu/consumers/odr.

19. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect. Invalid terms will be replaced with provisions that most closely reflect the intent and economic effect of the original clause, to the extent permitted by law.

20. Notices

Any legal notices or communications must be sent by email to support@cosmoscanvas.net. Notices are deemed received when acknowledged by us or after 2 Business Days if sent by email.

21. Force Majeure

We are not liable for any failure to perform due to events beyond our reasonable control, including war, pandemic, natural disaster, government action, or strike.

22. Entire Agreement; Assignment; Waiver

These Terms, together with our Privacy Notice and Cookie Notice, constitute the entire agreement between you and us regarding the Platform and supersede all prior understandings. The Company may assign its rights or obligations under these Terms with notice to you. You may not assign your rights without our written consent. Failure to enforce any part of these Terms will not constitute a waiver.

23. Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract)

To: Optimairarium s.r.o, address: Rybna 716/24, Old Town, 110 00 Prague 1

Email: support@cosmoscanvas.net

I hereby give notice that I withdraw from my contract for the supply of the following service/digital content:

Ordered on:

Name of consumer:

Address of consumer:

Email of consumer:

Signature of consumer (if submitted in paper):

Date: