Terms and Conditions

1Acceptance of Terms

AiArter is operated by Scalry Inc, a company registered in the State of Wyoming, United States ("we", "us"). By accessing or using AiArter ("Service"), you agree to be bound by these Terms and Conditions ("Terms") and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this service.

2Description of Service

AiArter is an AI-powered creative studio that allows users to generate images, audio, video and avatar content, write documents, and design with their brand assets using artificial intelligence technology. Generation is metered in credits included with your plan.

3User Accounts and Registration

To access certain features of AiArter, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate, current, and complete information during registration and keep your account information updated.

4AI-Generated Content and Intellectual Property

The website allows you to input text to generate images, voice, and video content ("Generated Content") using artificial intelligence. The specific rights and obligations regarding the Generated Content are as follows:

Ownership: You retain ownership of any text you submit for content generation, and of any files you upload. As between you and us, we do not claim ownership of the images, video, audio, avatars, documents and designs the Service generates for you ("Generated Content"). Whether Generated Content is protected by copyright depends on the law where you are, and some jurisdictions do not protect content created without sufficient human authorship.

Paid plans, commercial use: While you have an active paid subscription (Starter, Pro, Studio or any other paid plan), you may use Generated Content you create for any lawful purpose, including commercial use: in advertising and marketing, on products and merchandise you sell, in client work, and in content you publish or monetize. These rights continue after your subscription ends for content you generated while it was active.

Free trial, personal use: Generated Content created during a free trial or without an active paid subscription may be used for personal, non-commercial purposes and to evaluate the Service. To use it commercially, upgrade to a paid plan; trial content you keep using after upgrading is then covered by the paid-plan terms above.

Your responsibility: Similar prompts can produce similar results for other users, so Generated Content may not be unique to you. You are responsible for how you use Generated Content and for making sure it, and anything you upload (such as reference images, logos, voices or faces), does not infringe anyone else's rights, including trademarks, copyrights and rights of publicity or likeness. You must have permission from any person whose likeness or voice you upload or recreate.

Our license to operate the Service: You grant Scalry Inc a non-exclusive, worldwide license to host, store, process and display your inputs and Generated Content only as needed to provide, secure and support the Service for you. We do not publish your Generated Content or use it in our marketing without your permission.

Content Restrictions: You agree not to use the website for any unlawful purpose or in any way that interrupts, damages, or impairs the service. Generating content that is defamatory, obscene, infringing on intellectual property, or otherwise harmful is strictly prohibited.

5Acceptable Use Policy

You agree to use AiArter only for lawful purposes and in accordance with these Terms. You are prohibited from:

Creating content that is defamatory, obscene, pornographic, or otherwise offensive
Generating content that infringes on intellectual property rights
Creating content that promotes violence, discrimination, or illegal activities
Attempting to reverse engineer, decompile, or disassemble the service
Using the service to spam, harass, or harm others
Sharing account credentials with unauthorized users
Using the service for any commercial purpose without proper licensing

5.1Cold Outreach, Domain, Mailbox & Third-Party Automation Acceptable Use

If your use of the Service includes cold email sending infrastructure (domains and mailboxes provisioned on your behalf) or automation features connecting to third-party platforms such as LinkedIn, the following additional rules apply:

You must comply with CAN-SPAM, CASL, GDPR, and all other applicable anti-spam and data protection laws in every jurisdiction you contact recipients in.
You may only message recipients you have a lawful basis to contact. Purchased or scraped lists without a valid consent or legitimate-interest basis are prohibited, and you must honor unsubscribe/opt-out requests promptly.
You may not use the Service for phishing, malware distribution, or any other deceptive or fraudulent messaging practice.
For any domain names and mailboxes provisioned through the Service, we (or our infrastructure partners) remain the registrant or account holder of record. You receive a limited right to use these resources for lawful outreach only; you do not acquire ownership of the domain, and we may reclaim, suspend, or reassign it if your use violates this policy or triggers abuse complaints, spam-trap hits, or blacklisting.
For LinkedIn or other connected third-party account automation, you are solely responsible for complying with that platform's own terms of service, rate limits, and automation policies. We do not guarantee that use of automation features will avoid triggering restriction or suspension of your third-party account by that platform, and we are not liable for actions taken by the third-party platform against your account.
We may immediately suspend or terminate any domain, mailbox, sending account, or connected third-party account, without prior notice, in response to abuse reports, blacklist listings, spam-trap hits, or a compliance request from an upstream infrastructure or platform provider, even before we complete our own investigation.

6Subscription and Payment Terms

AiArter offers a free trial, monthly and yearly subscription plans, and credit top-ups. Payments are processed by Stripe on behalf of Scalry Inc. Plan credits reset each billing cycle and do not roll over; purchased credits do. By subscribing or making purchases, you agree to pay all fees associated with your chosen plan. Subscription fees are billed in advance and are non-refundable except as required by law. We reserve the right to modify pricing with 30 days' notice.

7Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using AiArter, you consent to the collection and use of information as outlined in our Privacy Policy.

The information we collect is used in various ways, including to:

Provide, operate, and maintain our website
Improve, personalize, and expand our website
Understand and analyze how you use our website
Develop new products, services, features, and functionality
Communicate with you for customer service and updates
Send you emails and marketing communications (with your consent)
Find and prevent fraud

8Service Availability and Modifications

We strive to maintain high service availability but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any part of the service at any time. We will provide reasonable notice for significant changes that affect your use of the service.

9Limitation of Liability

AiArter and its suppliers shall not be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on AiArter's website, even if AiArter or an authorized representative has been notified orally or in writing of the possibility of such damage.

To the maximum extent permitted by law, AiArter shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or relating to your use of the service.

10Indemnification

You agree to indemnify and hold harmless AiArter, its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the service or violation of these Terms, including claims brought by message recipients, blacklist operators, internet service providers, or connected third-party platforms arising from your outreach content, list-sourcing practices, or misuse of domains, mailboxes, or automation accounts provisioned on your behalf.

11Termination

We may terminate or suspend your account and access to the service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. Upon termination, your right to use the service will cease immediately.

12Governing Law and Dispute Resolution

These terms and conditions are governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of AiArter shall be resolved through binding arbitration in accordance with the American Arbitration Association rules.

13Modifications to Terms

AiArter reserves the right to modify these terms at any time. We will notify users of any changes by posting the new terms on this page and updating the "Last updated" date. Your continued use of the service after such changes constitutes your agreement to the new terms.

14Contact Information

If you have any questions about these Terms and Conditions, please contact us at legal@aiarter.com or through our support channels, or write to Scalry Inc, 30 N Gould St Ste N, Sheridan, WY 82801, United States.