Terms Of Use
Welcome to PACKIFY.AI . Before using the platform at https://www.packify.ai/, please read these Terms of Use carefully. By using the site, you expressly agree to follow and be bound by these terms.
1. Acceptance of Terms1.1 By accessing or using this site, you agree to be bound by the terms and conditions set forth herein, as well as any modifications or additional terms that PACDORA PTE. LTD.( "PACKIFY" ,"PACKIFY.AI" , "we" or "us") may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions, do not access or use this site.
1.2 We reserve the right to change or update these Terms of Use at its discretion. Continued use of the site signifies your acceptance of the amended terms. Please check back periodically for updates. Violation of any term will result in the automatic termination of your license to access the site.
2. Copyrights, Trademarks, And Other Intellectual Property
2.1 Unless otherwise required by laws and regulations or stated in these Terms, PACKIFY retains full ownership rights, titles, and interests in its website. The content on https://www.packify.ai/ is protected by copyright, trademark, patent, and other intellectual property laws. Unauthorized use of content violates these laws and the Terms of Use. You may not copy, publish, link to, download, transmit, modify, adapt, rent, lease, sell, assign, distribute, sublicense, or otherwise exploit any content without a license agreement with PACKIFY.
2.2 If the Customer registers on PACKIFY 's website for a free trial, any packaging design and product photography they create will be owned by PACKIFY.
2.3 If the Customer subscribes to any paid services, the ownership of the packaging designs and product photography they create will belong to the Customer, unless otherwise required by laws and regulations. Once created, these works will not be visible to other customers, and PACKIFY will not authorize any other customers to use them.
3. Prohibited Use
PACKIFY.AI is a website and software that allows you to create designs for personal or commercial purposes based on your license. However, you may not use PACKIFY.AI to:
(a) violate the rights of others;
(b) create a risk of loss or damage to any person or property;
(c) create a risk of harm, injury, emotional distress, death, disability; or illness to any person or animal; or
(d) contribute to a crime or tort.
Content that is unlawful, harmful, abusive, offensive, defamatory, infringing, or otherwise objectionable, particularly those discriminating based on race, religion, sex, etc., is strictly prohibited.
PACKIFY reserves the right to remove any content or user that violates these provisions.
4. Protection of Customer DataPACKIFY will maintain appropriate administrative, physical, and technical safeguards for the protection of the security, confidentiality, and integrity of Customer Data.
5. Free TrialIf Customer registers on PACKIFY's website for a free trial, PACKIFY will make the applicable Service(s) available to Customer on a trial basis free of charge until the earlier of (a) the end of the free trial period for which Customer registered to use the applicable Service(s), (b) the start date of any Purchased Service subscriptions ordered by Customer for such Service(s), or (c) termination by PACKIFY in its sole discretion. Any data Customer enters into the services, and any customizations made to the services by or for Customer, during Customer’s free trial will be permanently lost unless Customer purchases a subscription to the same services as those covered by the trial, purchases applicable upgraded services, or exports such data, before the end of the trial period. During the free trial the services are provided “as-is” without any warranty and PACKIFY shall have no indemnification obligations nor liability of any type with respect to the services for the free trial period unless such exclusion of liability is not enforceable under applicable law in which case PACKIFY’s liability with respect to the services provided during the free trial shall not exceed $1,000.00. Without limiting the foregoing, PACKIFY and its affiliates and its licensors do not represent or warrant to Customer that: (a) Customer’s use of the services during the free trial period will meet Customer’s requirements, (b) Customer’s use of the services during the free trial period will be uninterrupted, timely, secure or free from error, and (c) usage data provided during the free trial period will be accurate.
6. Paid Services6.1 Certain of our Services are free; however, if you subscribe to any of our paid Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) if you purchase a recurring subscription to any of the Services, we may store and continue billing your payment method (e.g. credit card) to avoid interruption of such Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. We reserve the right to change our subscription plans or adjust pricing for the paid Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you. All subscriptions are payable in accordance with payment terms in effect at the time the subscription becomes payable. Payment can be made by credit card, debit card, or other means that we may make available. Subscriptions will not be processed until payment has been received in full, and any holds on your account by any other payment processor are solely your responsibility
6.2 Fees. Except as otherwise specified herein or in an Order Form, (i) fees are based on Services and Content subscriptions purchased and not actual usage, (ii) payment obligations are non-cancelable and fees paid are non-refundable, and (iii) quantities purchased cannot be decreased during the relevant subscription term.
6.3 Taxes. PACKIFY's fees do not include any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, use, or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with its purchases hereunder.
7. Limitation of Liability
7.1 PACKIFY's total liability under this agreement shall not exceed the total amount paid by the user for services provided under this agreement.
7.2 In no event will either party or its affiliates have any liability arising out of or related to this agreement for any lost profits, revenues, goodwill, or indirect, special, incidental, consequential, cover, business interruption, or punitive damages, whether an action is in contract or tort and regardless of the theory of liability.
8. Representations, Warranties, Exclusive Remedies and Disclaimers
8.1 Representations. Each party represents that it has validly entered into this Agreement and has the legal power to do so.
8.2 Disclaimers. Except as expressly provided herein, neither party makes any warranty of any kind, whether express, implied, statutory, or otherwise, and each party specifically disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, to the maximum extent permitted by applicable law.
9. Term and Termination
9.1 Representations. Each party represents that it has validly entered into this Agreement and has the legal power to do so.
9.2 Termination. A party may terminate this Agreement for cause (i) upon 30 days' written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation, or assignment for the benefit of creditors.