Terms of Service
Recraft Inc. ("Recraft", "we", "our" or "us")
Last updated: 11 August 2026
Effective as of: 11 August 2026 (new accounts) / 25 August 2026 (existing accounts)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY
THE TERMS AND CONDITIONS SET FORTH BELOW (THE "TERMS") GOVERN YOUR USE OF THE WEBSITE LOCATED AT RECRAFT.AI (THE "SITE") AND ANY SERVICES AVAILABLE ON THE SITE (COLLECTIVELY, THE "SERVICES"). THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND RECRAFT AND GOVERN YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, THE SERVICES OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE AND/OR THE SERVICES WILL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. WE MAY MAKE CHANGES TO THE CONTENT AND THE SERVICES OFFERED AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITE(S) AND BY SENDING REGISTERED USERS AN IN-APP NOTIFICATION OR AN EMAIL NOTICE OF THE CHANGES. WE MAY ALSO IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU MUST CEASE USING THE SITE AND SERVICES EXCEPT FOR A LIMITED TIME AND SOLELY FOR THE PURPOSE OF ACCESSING AND DOWNLOADING ASSETS (AS THAT TERM IS DEFINED BELOW) THAT YOU PREVIOUSLY CREATED AND OTHER DATA ASSOCIATED WITH YOUR ACCOUNT. OTHERWISE YOUR CONTINUED USE WILL BE DEEMED TO BE ACCEPTANCE OF THE CHANGES TO THESE TERMS.
RECRAFT MAY, IN ITS SOLE DISCRETION, REFUSE TO OFFER THE SERVICES TO ANY PERSON OR ENTITY AND CHANGE ITS ELIGIBILITY CRITERIA AT ANY TIME. THIS PROVISION IS VOID WHERE PROHIBITED BY LAW, AND THE RIGHT TO ACCESS THE SERVICES IS REVOKED IN SUCH JURISDICTIONS. YOUR USE OF THE SERVICES IS ALSO SUBJECT TO RECRAFT’S PRIVACY POLICY, WHICH MAY BE FOUND AT HTTPS://WWW.RECRAFT.AI/LEGAL/PRIVACY (“PRIVACY POLICY”). THE PRIVACY POLICY DESCRIBES HOW RECRAFT COLLECTS, USES AND PROCESSES YOUR PERSONAL INFORMATION. THE PRIVACY POLICY IS A SEPARATE DOCUMENT AND DOES NOT FORM PART OF THESE TERMS. THE SERVICES ARE AVAILABLE FOR USE BY NATURAL PERSONS, ONLY, INCLUDING NATURAL PERSONS ACTING AS AUTHORIZED REPRESENTATIVES OF LEGAL ENTITIES. WHERE RECRAFT HAS PUBLISHED DEVELOPER TERMS ONLINE (THE “DEVELOPER TERMS”), SUCH DEVELOPER TERMS ARE INCORPORATED INTO THESE TERMS BY THIS REFERENCE AND APPLY TO YOUR ACCESS TO AND USE OF THE API SERVICES. IN THE EVENT OF A CONFLICT BETWEEN THE DEVELOPER TERMS AND THESE TERMS, THE DEVELOPER TERMS WILL PREVAIL WITH RESPECT TO API SERVICES.
YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE THE LEGAL CAPACITY TO ENTER INTO THESE TERMS. IF YOUR ACCEPTANCE OF THESE TERMS IS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS. IN THAT EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO THAT ENTITY AS WELL AS TO YOURSELF. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE OR THE OTHER SERVICES. WHERE RECRAFT HAS IMPLEMENTED AN AGE VERIFICATION OR DATE OF BIRTH CONFIRMATION PROCESS ON THE SITE, YOU AGREE TO PROVIDE ACCURATE AND TRUTHFUL DATE OF BIRTH INFORMATION WHEN PROMPTED. ACCESS TO CERTAIN FEATURES OR SERVICES MAY BE RESTRICTED BASED ON THE AGE INFORMATION YOU PROVIDE OR BASED ON OTHER SIGNALS AVAILABLE TO RECRAFT IN COMPLIANCE WITH APPLICABLE LAWS.
The Mandatory Arbitration Provision and Class Action Waiver. The provisions in the section entitled "Governing Law, Dispute Resolution, Class Action Waiver, Arbitration Agreement, below, govern the resolution of disputes between you and Recraft. Please read the provision carefully. If you do not agree with these Terms, including the mandatory arbitration provision and class action waiver, and if you have not opted out as allowed herein, please do not use the Site or Services.
1. Services and Registration
Recraft utilizes artificial intelligence systems to produce certain digital content that is generated by users through the Services (such content, “Assets”). In order to use the Services, you must register through the Site. There are two tiers of membership, one does not require any payment (“Free Tier”) and the other is a paid subscription. Users of the Free Tier have limited rights. When you register on the Site, you are asked to create your own profile. Your profile includes, but is not limited to, personal information such as your user name, your email and general information you wish to disclose about yourself. Upon successful registration, you become a member of the Site (a “Member”), and for as long as you remain a Member, you agree to comply with the then applicable Terms. All Services are licensed and not sold. Each user must have a unique account (unless your organization is licensed with a valid key for API or other authorized integration access), and you are responsible for protecting your account credentials and for any activity conducted on your account. A breach or violation of any of these Terms may result in an immediate termination of your right to use the Services and Recraft reserves the right to ban you and any IP address or other identifier associated with you or your account. You must notify Recraft immediately at help@recraft.ai if you become aware of any unauthorized use of, or unauthorized access to, your account.
2. Consumer and Business User Provisions
2.1 Definitions. A "Consumer User" is a natural person who accesses the Services for purposes that are wholly or mainly outside that person's trade, business, craft, or profession. A "Business User" is a Member who accesses the Services for commercial, professional, or organizational purposes, including in the course of a trade, business, or profession, or on behalf of a company, organization, employer, or client.
2.2 Business User Acknowledgment. If you are a Business User, you acknowledge and agree that: (i) you are entering into these Terms in a commercial capacity; (ii) the Consumer Provisions identified in paragraph (c) do not apply to your account; and (iii) to the maximum extent permitted by applicable law, consumer-specific statutory protections that can be varied or excluded by contract do not apply to your use of the Services. If you are uncertain whether you qualify as a Consumer User, contact Recraft at help@recraft.ai before using the Services.
2.3 Consumer Provisions. Provisions that expressly reference a consumer in these Terms apply to Consumer Users only and have no application to Business Users. Nothing in these Terms excludes or limits any right or remedy that a Consumer User has under applicable mandatory consumer protection law that cannot be varied by contract.
2.4 Tier and Use. Subscription tier does not by itself determine whether you are a Consumer User or a Business User. That status is determined solely by the purpose for which you access the Services, as set out in the Definitions above. Tier is relevant only as an indicator of that purpose: (i) A Member with a paid individual subscription, API access, MCP server access, or a Group Workspace subscription is presumed to access the Services for commercial, professional, or organizational purposes, and is therefore presumed to be a Business User. A Member may rebut this presumption by showing that their access is wholly or mainly for personal, non-commercial purposes, in which case they are a Consumer User. (ii) A Free Tier Member is likewise classified by purpose: A Free Tier Member who accesses the Services for commercial, professional, or organizational purposes is a Business User, and one who accesses the Services wholly or mainly for personal, non-commercial purposes is a Consumer User. Where tier and actual purpose point to different classifications, the purpose-based test in the Definitions above prevails.
3. Data Processing Agreement
If you are a Business User, Recraft’s Data Processing Addendum (“DPA”), available at https://www.recraft.ai/legal/dpa, is incorporated into these Terms by reference and governs Recraft’s processing of personal information on your behalf. In the event of a conflict between the DPA and these Terms on data processing matters the DPA will prevail.
4. Links to Third Party Sites
The Site may contain hyperlinks to web sites that are not controlled by Recraft. You acknowledge and agree that Recraft is not responsible for and does not endorse or accept any responsibility over the content or use of these web sites, including, without limitation, the accuracy or reliability of any information, data, opinions, advice or statements made on these web sites. You further understand that such third party sites and third party services are governed by separate agreements accompanying such portions of the Services and You agree to be bound by the terms and conditions of such agreements. Your dealings with other entities promoted on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such other entity. You agree that Recraft will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the promotion of such other entities through the Services.
5. Fees and Payments
Recraft offers free and paid Services. You can learn more about Recraft’s paid subscription offering by contacting help@recraft.ai. You can sign up for a monthly subscription, payable in U.S. dollars, that will automatically renew on a monthly basis, or for a yearly subscription, payable in U.S. dollars, that will automatically renew on a yearly basis. You can stop using the Services and cancel your subscription at any time through the Site or by emailing Recraft at help@recraft.ai. If you cancel your subscription, or if Recraft has terminated your right to use the Services because of a breach or violation of any of these Terms, you will not receive a refund or credit for any amounts that have already been billed or paid. Recraft reserves the right to change its prices at any time. If you are on a subscription plan, changes to pricing will not apply until your next renewal or thirty (30) days after our notice to you, whichever is later. Recraft will comply with minimum annual subscription notice requirements where applicable, providing notice to the email address associated with your account before the given automatic renewal date. Annual subscriptions have a minimum term of twelve (12) months from the date of purchase. Monthly subscriptions have no minimum term beyond the current billing month and renew automatically each month unless cancelled.
5.1 Pricing, promotions and product testing. We regularly test different prices, discounts, promotional offers and product features to understand what works best. This means the price, discount, credit allowance or features available at any given time may vary between users and may change, and that two users may see different offers for the same product during a test. Any such variation is applied on a random or time-based basis and is not determined by your personal characteristics. Where a promotional price or discount is offered, it is available to any user who qualifies for that offer on the same terms.
5.2 Credit Consumption for iterative and agentic features. Certain features of the Services operate through multiple automated steps, and the total number of credits a request will consume cannot be calculated in advance. For those features, credits are deducted at the then-current rate for each chargeable operation performed, including each generation of an Asset and each call the feature makes to an underlying language, reasoning, or other third-party model on your behalf, the cost of which is charged to Recraft by the relevant provider and converted into credits. The number of chargeable operations depends on the instructions you provide, the complexity of the request, and the number of iterations performed, so a single request may consume substantially more credits than a single generation, and model calls may account for the larger share of that consumption. We will tell you in the relevant interface that such a feature consumes a variable number of credits calculated in this way, but we do not quote or confirm the credit cost of an individual request in advance, and any typical or estimated range we indicate is an estimate based on average usage and not a cap or guaranteed maximum. You may end a session at any time and no credits will be deducted for operations performed after you do so; credits already consumed are not returned, including where the request does not complete or the output does not meet your expectations, without affecting any right you have under mandatory consumer protection law or any goodwill adjustment we choose to make. Where we make available a control allowing you to limit credit consumption, that limit applies only once you have set it and only to operations performed afterwards, and nothing in these Terms obliges us to offer such a control. Your credit balance is available in your account at all times.
5.3 UK Consumer Users. For UK Consumer Users, Recraft will additionally comply with the subscription contract provisions of the Digital Markets, Competition and Consumers Act 2024 (“DMCCA”) when those provisions come into force. Where any mid-subscription change to these Terms or to the services is of such a nature that you would not have entered into the subscription on the original terms, Recraft will notify you and you may be entitled to cancel the subscription without penalty.
5.4 EU/EEA and UK Consumer User Right of Withdrawal. If you are a Consumer User resident in the European Union, European Economic Area, or United Kingdom, you have the right to withdraw from a new paid subscription contract without giving any reason within fourteen (14) calendar days of the date of your purchase (the “Withdrawal Period”), in accordance with the EU Consumer Rights Directive (2011/83/EU) and the UK Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 (the “CCR”). This right applies only to new subscription contracts and not to subsequent automatic renewals.
5.5 When the EU/EEA and UK Right of Withdrawal Lapses. Because Recraft’s Services are credit-based and subscription credits are allocated to your account immediately upon purchase, the following applies: (i) if, at the point of purchase, you expressly consent to the immediate allocation of credits and acknowledge that you will thereby lose your right of withdrawal, the Withdrawal Period ends immediately upon credits being made available to your account and no refund will be due; (ii) if no such express consent was given at checkout, you retain the right to withdraw for the full fourteen (14) days, provided you have not accessed or used any of your allocated credits; and (iii) if you have used some but not all of your allocated credits without having given express consent at checkout, you remain entitled to a proportional refund in respect of any unused credits. Top-up credit purchases are subject to the same waiver conditions. The right of withdrawal does not apply to API unit packages where performance has commenced, subject to the conditions above.
5.6 How EU/EEA and UK Users Can Withdraw. To exercise your right of withdrawal, contact us at help@recraft.ai before the Withdrawal Period expires, stating your name, account email address, the subscription purchase date, and that you wish to withdraw. You will bear no cost or penalty for exercising this right, other than any deduction in respect of credits used as described above. We will confirm receipt and process any applicable reimbursement without undue delay, and in any event within fourteen (14) days of receiving your notice.
Where mandatory consumer protection law in your jurisdiction provides for withdrawal, cooling-off, cancellation, or similar rights beyond those described above, those rights are preserved and apply to Consumer Users notwithstanding any contrary provision in these Terms.
6. Taxes
Unless otherwise stated, your subscription fees (“Fees”) do not include federal, state, local, or any foreign taxes, duties, and other similar assessments (“Taxes”). You are responsible for all Taxes associated with your purchase of a subscription and Recraft may invoice you for such Taxes. You agree to timely pay such Taxes and provide Recraft with documentation showing the payment or additional evidence that Recraft may reasonably require. If any amount of your Fees is past due, Recraft may suspend your access to the Services after Recraft provides you with written notice of late payment. You may not create more than one account to benefit from the Free Tier of Recraft’s Services. If Recraft believes you are not using the Free Tier in good faith, Recraft may charge you standard fees or terminate your access to the Services.
7. Licensing Terms
7.1 Free Tier. Subject to your compliance with these Terms, the conditions herein, and any applicable laws or other limitations, if you do not have a paid subscription to the Services and are a Free Tier Member, Recraft grants you a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Services for personal use. Assets generated by Free Tier users are Free Tier Assets (“Free Tier Assets”) and you are granted a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, license to use all Free Tier Assets you create with the Services for your personal use subject to the following restriction: (i) no commercial use of Free Tier Assets is permitted; (ii) Free Tier Assets are owned by Recraft and may not be sold, licensed or transferred; and (iii) Free Tier Assets may not be used to train artificial intelligence models, systems or networks or similar technology. Any breach of the foregoing restrictions shall result in the immediate termination of this Agreement, and all rights granted to you under this Agreement will immediately terminate. The obligations set forth in this restrictive covenant shall survive the termination or expiration of this Agreement. You agree that any Free Tier Assets you create as a Free Tier user, including any modifications or alterations thereto, are owned by Recraft and you hereby irrevocably transfer and assign to Recraft all worldwide right, title and interest in and to the Free Tier Assets, and the complete right to exploit or otherwise use the Free Tier Assets or any portion thereof, in any form of medium, expression or technology now known or hereafter known or developed, and all contract and licensing rights. You further agree to perform all acts deemed reasonably necessary or desirable by Recraft to permit and assist Recraft, at Recraft’s expense, to obtain and enforce the full benefits throughout the world of your assignment of all right, title and interest in the Free Tier Assets to Recraft, including, but not limited to, execution of documents and assistance or cooperation in the registration and enforcement of any intellectual property rights throughout the world. If moral rights are not permitted to be transferred to any third party under applicable laws, you agree that you will not exercise moral rights against Recraft, its agents, licensees and assigns without further compensation or additional consent.
7.2 Paid Subscription. Subject to your compliance with these Terms, the conditions herein, and any applicable laws or other limitations, if you have a paid subscription to the Services Recraft grants you a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, freely revocable license to access and use the Services for business or personal use. You own all Assets you create with the Services and Recraft hereby assigns to you all copyright rights it may have in the Assets subject to the following restriction: Assets may not be used to train artificial intelligence models, systems or networks or similar technology. Any breach of this restrictions shall result in the immediate termination of this Agreement, and all rights granted to you shall revert to Recraft. You must immediately cease all use of the Assets and, upon request, return or destroy any copies of the Assets in your possession. The obligations set forth in this restrictive covenant shall survive the termination or expiration of this agreement.
7.3 Programmatic Access (API and MCP). Access to the Services via the Recraft API or any Recraft-authorized programmatic interface, including the Recraft Model Context Protocol (“MCP”) server, is governed by the Recraft Developer Terms, available at https://www.recraft.ai/legal/developer-terms (“Developer Terms”), which are incorporated into these Terms by reference. The Developer Terms address all aspects of programmatic access including license grants, fees, payment obligations, data retention, and intellectual property ownership for API and MCP Services. In the event of any conflict between these Terms and the Developer Terms with respect to API or MCP access, the Developer Terms will control.
7.4 Group Workspace Subscription. Recraft offers the opportunity for you to create or join a group of Members organized under a single Workspace subscription. Individuals may be a Member of only one Workspace at any time. Any number of Members can be designated for the “Admin” role, responsible for inviting or removing Members, purchasing and managing the number of subscription seats required, making payments and maintaining billing details, and other admin tasks for the Workspace. Individual Members of the Workspace are able to access and use Workspace subscriptions and credits for Services, and individual Members may also choose to leave the Workspace. A Workspace subscription requires a minimum of three (3) paid seats. When an invited Member joins the Workspace, they will join as a paid subscription member if a seat is available, otherwise, they cannot be added until an additional seat is purchased. In each case the new Member in the Workspace is still subject to all the terms and conditions of these Terms as they apply to paid subscriptions, or free tier subscriptions, as the case may be when they join the Workspace. In the event a Workspace becomes terminated or inactive for any reason, including for non-payment or cancellation, the Workspace will no longer be accessible, and all associated Members of the group will revert to being under their individual licenses no longer managed by the Workspace Admin. In no case are refunds available for any unused pre-paid fees when joining or leaving a Workspace.
7.5 Community Assets. Recraft may choose to make available certain Assets owned or licensed by Recraft, including Free Tier Assets, as part of a community gallery (“Community Assets”). Subject to your compliance with these Terms, the conditions herein, and any applicable laws or other limitations, Recraft grants you a non-exclusive, limited, non-transferable, non-sublicensable, non-assignable, license to use Community Assets for your personal or commercial use. Recraft may use Community Assets, including any modifications made to Community Assets to train Recraft models or systems.
7.6 Reservation of Rights. Recraft reserves all rights not expressly granted under these Terms.
7.7 Licenses to Recraft. By using the Services, you grant to Recraft and its successors and assigns a perpetual, worldwide, non-exclusive, sublicensable, fully paid, royalty-free, irrevocable license to use, copy, reproduce, process, adapt, modify, publish, transmit, prepare derivative works of, publicly display, publicly perform, sublicense, or distribute, or any combination of the foregoing, text prompts, images, attachments and any other content you input into the Services (the “Inputs”) or Assets produced by the Services at your direction, or both, for Recraft (i) to provide, maintain, promote, and improve the Services, (ii) to comply with applicable law and enforce Recraft policies, or (iii) if you share with other users through the Services any Assets produced by the Services at your direction or Inputs you provide into the Services, or both, allow Recraft share those Inputs and Assets with other users. You acknowledge and agree that Recraft may use your Inputs you provide and the Assets produced by the Services to train, fine-tune, and otherwise improve Recraft’s artificial intelligence models and systems. This training use is enabled by default, but you may opt out at any time by adjusting your preferences in your account profile settings. Opt-out instructions are available in this article. Please note that opting out may limit Recraft’s ability to tailor and enhance the Services to better address your specific use case. For clarity, if you opt out of training, the images you upload to the Service will not be used to train Recraft’s image-generating model. You agree that this license is provided in return for your license to use the Services and not for any compensation paid to you by Recraft for your submission of Inputs or creation of Assets at your direction, as the use of the Services by you is hereby agreed as being sufficient compensation for the grant of rights herein. You also grant each other user of the Services a worldwide, non-exclusive, royalty-free license to access your publicly available Assets through the Services, and to use those Assets (including to reproduce, distribute, modify, display, and perform them) only as enabled by a feature of the Services. The licenses to Recraft and other users of the Services will survive termination or expiration of these Terms by any party, for any reason.
8. Member Responsibilities and Restrictions
8.1 Rules and Conduct. As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including making use of the Site, any Assets, or Recraft models or derivatives of Recraft models) that: (i) would constitute a violation of any applicable law, rule, or regulation, including without limitation any laws, rules or regulations relating to transparency and marking of AI-generated content (as further described below); (ii) infringes upon any intellectual property right or any right or privacy or right of publicity or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, furthering of self-harm, or profane; (iv) creates Assets that exploit or abuse children or that depict images of a child or children being exploited or abused; (v) generates or disseminates verifiably false information with the purpose of harming others; (vi) impersonates or attempts to impersonate others; (vii) generates or disseminates personally identifying or identifiable information; (viii) creates Assets that imply or promote support of a terrorist organization; or (ix) creates Assets that condone or promote violence against people based on any protected legal category. Without limiting the foregoing, you also shall not (x) create or distribute AI-generated content that falsely depicts a real, identifiable individual in a political context in a manner intended to deceive voters, interfere with an election, or undermine the democratic or electoral process in violation of applicable law. You shall also not (xi) use the Services or any Assets in a manner that implies, directly or indirectly, any endorsement, sponsorship, or affiliation with Recraft without Recraft’s prior written permission.
8.2 Transparency and Marking of AI-Generated Content. In order to comply with applicable laws and emerging industry standards relating to AI-generated content, Recraft may (i) embed machine-readable metadata, watermarks, or other provenance information into Assets generated by the Services; (ii) make available or link to a tool that enables users and third parties to detect whether content was generated by the Services; and (iii) provide features that allow you to apply visible overlays, labels, or watermarks to Assets. You acknowledge and agree that: (i) you will not remove, obscure, disable, or alter any machine-readable metadata, watermarks, overlays, or other markings applied by Recraft to Assets except as may be expressly permitted by applicable law; and (ii) you are solely responsible for ensuring your redistribution or use of Assets complies with applicable law, including any requirements that may apply to your use of the Assets to include latent or visible disclosures that content is AI-generated. You acknowledge that the Services involve the use of artificial intelligence systems, including AI image-generation models. In accordance with the EU AI Act (Regulation (EU) 2024/1689) and equivalent applicable laws, Recraft discloses that content generated by the Services is produced by an AI system. Where required by applicable law, Recraft will maintain technical documentation relating to its AI systems and will cooperate with relevant regulatory authorities. Recraft’s AI systems are not designed or intended to make automated decisions that produce legal or similarly significant effects on individuals without human oversight.
8.3 Non-Consensual Intimate Imagery. Recraft strictly prohibits the generation, upload, or distribute through the Services of non-consensual intimate imagery (“NCII”), including AI-generated intimate images or deepfakes depicting real individuals without their consent. You represent and warrant that no Assets you create or share through the Services depict any real, identifiable individual in an intimate, sexual, or otherwise non-consensual manner without their express, informed consent. You acknowledge that creating or distributing such content may violate applicable laws, including the US Take It Down Act, the UK Online Safety Act, and equivalent laws in other jurisdictions, and may result in referral to relevant law enforcement or regulatory authorities. If you believe that NCII has been created or shared on this platform without consent, please submit a removal request in accordance with Recraft’s Take It Down Policy, available at https://www.recraft.ai/legal/take-it-down. Upon receipt of a valid request, Recraft will use reasonable efforts to remove the content within the timeframe required by applicable law.
8.4 Brand and Identity-Related Instructions. Where you prompt or instruct the Services to generate or process Assets that reference, emulate, or are in the style of any third-party brand, trademark, design system, identifiable creator, or identifiable individual, whether or not you provide source material, you represent and warrant that you have all necessary rights and consents to do so. You are solely responsible for ensuring that any resulting Assets do not infringe any third-party trademark, trade dress, copyright, right of publicity, or other proprietary right, and do not create a likelihood of consumer confusion or false endorsement. This applies across all features of the Services.
8.5 Restrictions. As a further condition of use, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Recraft’s (or its third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass any measures Recraft (or its third-party providers’) may use to prevent or restrict access to the Services (or parts thereof); (iv) use any method to extract data from the Services, including web scraping, web harvesting, or web data extraction methods, other than as permitted through an allowable API authorized by Recraft; (v) reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services that are not open (except to the extent such restrictions are contrary to applicable law); (vi) use the Services or Assets to develop goods or services that compete with Recraft or the Services; (vii) use any automated or programmatic method to access the Services, generate Assets, or extract data from the Services, including scraping, web harvesting, or web data extraction; or (viii) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or Services, use of the Site or Services, or access to the Site or Services, or any contact on the Site or Services, without Recraft’s express written permission; or (ix) use any Asset or Free Tier Asset to train any artificial intelligence model, system or network or similar technology. You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, “offline readers”, etc., or “load testers” such as Wget, Apache Bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Services in a manner that sends more request messages to the Service in a given period of time than a human can reasonably produce in the same period by using the Service, and you are forbidden from ripping the content without prior written consent of Recraft. Notwithstanding the foregoing, Recraft grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Recraft reserves the right to revoke these exceptions either generally or in specific cases. Recraft does not allow any efforts to reverse-engineer its system or protocols or explore outside the boundaries of the normal requests made by legitimate users of the Services, whether accessing the Services directly through the Site or through a Recraft-authorized programmatic interface. Recraft does not allow request-modification tools such as Fiddler or Whisker or the like or any other such tools or activities that are meant to explore or harm, penetrate, or test the site. You must secure Recraft’s permission before you measure, test, health check, or otherwise monitor any network equipment, servers, or assets hosted on the Site.
8.6 Law Enforcement Cooperation and Content Preservation. Notwithstanding any other provision of these Terms, Recraft reserves the right, and in certain jurisdictions may be required by applicable law, to preserve, retain, and disclose to relevant authorities user content, metadata, prompts, account information, and related records where Recraft has reason to believe, or is directed by a competent authority to investigate, that such content involves: (i) child sexual abuse material (CSAM) or any content relating to the sexual exploitation or abuse of children; (ii) non-consensual intimate imagery (NCII), including AI-generated deepfakes; (iii) content that promotes, facilitates, glorifies, or incites terrorism, serious violence, or hate crime; or (iv) any other activity that Recraft is legally required to report or disclose under applicable law, including under the UK Online Safety Act 2023, the US Take It Down Act, or equivalent legislation in other jurisdictions. Such preservation and disclosure may occur without prior notice to you where prior notice would be unlawful or would obstruct a law enforcement investigation. By using the Services, you acknowledge and consent to such preservation and disclosure to the extent required by law.
9. User-Generated Content
We may host user-generated content from our users. If you access our Services, you may come across user-generated content that is illegal or that you find offensive or upsetting. We bear no responsibility for such user-generated content. If available, you may also click on the “Report” button to report this content to us.
9.1 Asset Uses. As between Recraft and you, you are solely and exclusively responsible for: (i) any content including, but limited to any Inputs that you enter or upload to the Services; and (ii) any personal, private, or commercial use you make or permit to be made of the Assets. You are responsible for and assume all liability for any clearances, rights, permissions or licenses needed for any Inputs you enter or upload to the Services and for any use you make of any Asset. Recraft has no obligation to monitor your use of the Services or Assets or to notify you of any license restrictions or other limits on use of Assets including Free Tier Assets. All use of Assets is at your own risk.
10. Ownership
You acknowledge that, as between you and Recraft, all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content and any Recraft Assets or Free Tier Assets are owned by Recraft or Recraft’s licensors. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title, or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms. Recraft and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms. All Recraft logos, marks, and designations are trademarks or registered trademarks of Recraft or its licensor(s). All other trademarks mentioned in any Recraft website, including the Site, are the property of their respective owners. The trademarks and logos displayed on any Recraft website, including the Site, may not be used without the prior written consent of their respective owners. Portions, features, functionality, or any combination of the foregoing of Recraft’s products or services, including the Services, may be protected under Recraft patent applications, patents or other intellectual property rights.
11. Copyright Infringement Claims
Recraft respects international intellectual property rights and asks its Members to do the same. Assets may be unintentionally similar to copyright-protected material held by others. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Service infringe your copyright, you (or your agent) may send to Recraft a written notice by mail or e-mail requesting that Recraft remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Recraft a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to Recraft’s Copyright Agent as follows: By mail to Recraft Copyright Agent, 450 Townsend St, Ste 100 San Francisco, CA 94107; or by e-mail to help@recraft.ai. We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
12. Feedback
You hereby grant to Recraft a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations, or other feedback you provide relating to the Service (“Feedback”). Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Recraft any information or ideas that you consider to be confidential or proprietary.
13. Publicity
You agree that we may use your company name and logo for the limited purpose of identifying you as a customer of our Services on our websites, and in other marketing materials distributed by us (which may include in-app messages, emails and other web and print materials), and we agree to comply with any trademark usage policies or brand guidelines You provide to Us for such purposes.
14. Term and Termination
Subject to this Section, these Terms will remain in full force and effect while you use the Services. Recraft may terminate your access to all or any part of the Services at any time if you fail to comply with these Terms, which may result in the forfeiture and destruction of all information associated with your account including any Assets. Further, either party may terminate the Services for any reason and at any time upon written notice and in the case of a Member, by ceasing any access to or use of the Service. If you wish to terminate your account, you may do so by following the instructions on the Services. You understand that any termination may involve deletion of your Assets from our databases. In addition, Recraft may periodically delete accounts that have been inactive for twelve (12) or more consecutive months, with inactivity measured from the date of your last login to the Services. Recraft will endeavor to provide at least seven (7) days’ prior notice by email to the address associated with your account before any such deletion takes effect. Upon deletion of an inactive account, all data associated with that account will be permanently removed. You may download and export your Assets at any time through the download functionality available within your account prior to deletion. If you wish to obtain a copy of other personal data associated with your account that is not directly downloadable, you may submit a data access request to help@recraft.ai. Recraft will use reasonable efforts to respond to such requests within thirty (30) days, subject to applicable law and Recraft’s then-current data retention policies. Upon account deletion, Recraft is not required to provide access to data that has already been deleted in accordance with these Terms. This provision does not apply where termination arises from a material breach of these Terms or where disclosure is prohibited by applicable law. Recraft will not have any liability whatsoever to you for any termination of your rights under these Terms, including for deletion of your Assets. Any Fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you pursuant to these Terms shall terminate immediately, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity, and limitations of liability.
15. Fraud Detection and Account Restrictions
To protect our platform and community, we use automated and manual systems to detect and prevent fraudulent activity, including unauthorized payment attempts, abuse of free cards, unauthorized bot activity, and other violations of these Terms. Our systems analyze various static and dynamic characteristics associated with accounts and activity on the platform. Where an account is identified as engaging in, or at high risk of engaging in, fraudulent or prohibited activity, we may automatically or manually restrict, suspend, or terminate access to the platform with or without prior notice.
15.1 Your rights: If you believe your account has been restricted or terminated in error, you have the right to request a human review of the decision. To do so, please contact our support team at help@recraft.ai. We will review your request and respond within 15 business days.
15.2 Complaints and Redress (EU/EEA Users): For these users, the right to request human review described above is intended to satisfy the requirement under Article 22 of the EU General Data Protection Regulation (GDPR) that individuals not be subject to decisions based solely on automated processing that produce significant effects, where applicable. If you are a user in the European Union or European Economic Area and you are dissatisfied with the outcome of a human review request, or with any content moderation decision made by Recraft, you have the right to seek out-of-court redress through a certified dispute settlement body in your member state, in accordance with the EU Digital Services Act (Regulation (EU) 2022/2065). A list of certified dispute settlement bodies is maintained by the relevant national Digital Services Coordination in each member state. Nothing in this provision limits your right to seek judicial redress before a competent court. For other privacy-related complaints, EU/EEA users may also lodge a complaint with their local data protection authority.
Where applicable law in your jurisdiction providers for rights in connection with automated decision-making, including the right to an explanation of a decision, the right to contest a decision, or the right to human review, the process described above is designed to meet those requirements. You may contact help@recraft.ai to request information about how an automated decision affecting your account was reached.
16. Disclaimers
RECRAFT, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, ANY MATERIALS, SUBMISSIONS, USER CONTENT, ASSETS, FREE TIER ASSETS, OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE AND/OR THE RESULTS OBTAINED FROM THE USE OF THIS SITE OR SERVICES, INCLUDING WITHOUT LIMITATION THE MATERIALS, SUBMISSIONS, ASSETS, FREE TIER ASSETS, AND THE THIRD PARTY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, MATERIALS, SUBMISSIONS, USER CONTENT, ASSETS, FREE TIER ASSETS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" AND "WHERE-IS" BASIS WITH NO WARRANTY OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. RECRAFT DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. RECRAFT DOES NOT GUARANTEE ANY UPTIME OR AVAILABILITY OF THE SERVICES. TO THE EXTENT THAT APPLICABLE LAW LIMITS THE EXCLUSION OF WARRANTIES OR LIABILITIES IN CONNECTION WITH AI-GENERATED CONTENT, DIGITAL PRODUCTS, OR SOFTWARE, INCLUDING THE EU PRODUCT LIABILITY DIRECTIVE (DIRECTIVE 2024/2853/EU) AND THE IMPLEMENTING NATIONAL LEGISLATION, SUCH EXCLUSIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY THAT LAW. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION, OR ANY MANDATORY CONSUMER RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW. IN ADDITION, IF YOU ARE A CONSUMER USER RESIDENT IN THE EUROPEAN UNION OR EUROPEAN ECONOMIC AREA, THE EU DIRECTIVE ON CONTRACTS FOR THE SUPPLY OF DIGITAL CONTENT AND DIGITAL SERVICES (DIRECTIVE (EU) 2019/770, THE “DIGITAL CONTENT DIRECTIVE”) APPLIES TO YOUR USE OF THE SERVICES. UNDER THE DIGITAL CONTENT DIRECTIVE, RECRAFT IS OBLIGED TO SUPPLY THE SERVICES IN CONFORMITY WITH THESE TERMS AND WITH WHAT YOU COULD REASONABLY EXPECT BASED ON ANY PUBLIC STATEMENTS MADE ABOUT THE SERVICES. WHERE THE SERVICES ARE NOT IN CONFORMITY, YOU MAY BE ENTITLED TO HAVE THEM BROUGHT INTO CONFORMITY, A PROPORTIONATE REDUCTION IN THE SUBSCRIPTION PRICE, OR TERMINATION OF THE CONTRACT, AS APPLICABLE UNDER YOUR NATIONAL LAW IMPLEMENTING THE DIGITAL CONTENT DIRECTIVE. THESE RIGHTS APPLY REGARDLESS OF THE “AS IS” DISCLAIMER ABOVE, TO THE EXTENT THAT DISCLAIMER IS INCONSISTENT WITH MANDATORY RIGHTS UNDER THE DIGITAL CONTENT DIRECTIVE. IF YOU ARE A CONSUMER USER RESIDENT IN THE UNITED KINGDOM, EQUIVALENT CONFORMITY RIGHTS APPLY UNDER THE CONSUMER RIGHTS ACT 2015 (PART 1, CHAPTER 3).
17. Indemnity
You agree to defend, indemnify, and hold harmless Recraft, its affiliates, and each of its and their respective officers, directors, employees, contractors, agents, suppliers, licensors and representatives from any and all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Services or any Assets including Free Tier Assets; (ii) third-party claims that your Assets (including Free Tier Assets), Inputs, your data sources or the use thereof, infringes, violates, or otherwise intrudes upon the intellectual property or other proprietary rights of a third party including rights of publicity, privacy and moral rights; (iii) your failure to comply with any applicable laws, rules, or regulations relating to transparency, labeling, watermarking, or other marking of AI-generated or synthetic content; or (iv) your violation of these Terms or any applicable law, contract, policy, regulation, or other obligation. Without limiting the foregoing, you specifically agree to indemnify Recraft for: (v) any claim, demand, liability, or proceeding brought against Recraft under any applicable non-consensual intimate imagery law, including without limitation the US Take It Down Act, the UK Online Safety Act 2023, or any analogous state, federal, or international legislation, arising from or related to Assets you generate, upload, or distribute through the Services; (vi) any civil or criminal liability arising from your creation or distribution of digital forgeries, deepfakes, or synthetic media depicting real, identifiable individuals without their consent, including any referral to or investigation by the US Department of Justice, the UK Crown Prosecution Service, or equivalent authority; and (vii) any claim or proceeding arising under any legislation establishing civil liability for non-consensual synthetic intimate imagery; and (viii) any claim arising from instructions or prompts you provide to the Services that reference, invoke, or seek to emulate any third-party brand, trademark, design system, identifiable creator, or identifiable individual, regardless of whether you provided any source material in connection with such instruction. Recraft reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Recraft. Recraft will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
18. Limitations of Liability
18.1 Disclaimer of Consequential Damages. RECRAFT SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING OR ANY USE OF ANY OF THE MATERIALS, CONTENT, ASSETS (INCLUDING FREE TIER ASSETS) OR THIRD PARTY CONTENT TO OR FROM THE SITE OR THE SERVICES. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RECRAFT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, OR DAMAGES OR COSTS DUE TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT RECRAFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS OR THE SERVICE, ON ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
18.2 Limitation of Direct Damages. OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED IN THE AGGREGATE TO THE GREATER OF FIFTY US DOLLARS (U.S. $50), OR THE AMOUNT PAID BY YOU TO RECRAFT IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO SUCH ASSERTED CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER USER RESIDENT IN THE UNITED KINGDOM, NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS UNDER THE CONSUMER RIGHTS ACT 2015 OR ANY OTHER APPLICABLE UK CONSUMER PROTECTION LEGISLATION. IN PARTICULAR, THE LIABILITY CAP SET OUT ABOVE DOES NOT APPLY TO THE EXTENT THAT IT WOULD BE CONSIDERED UNFAIR OR UNENFORCEABLE UNDER APPLICABLE UK CONSUMER LAW, AND DOES NOT EXCLUDE OR RESTRICT RECRAFT’S LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY UK LAW.
18.3 Allocation of Risk and Material Term. THIS SECTION ON LIMITATIONS OF LIABILITY AND DISCLAIMER OF DAMAGES WILL SURVIVE TERMINATION OF THE AGREEMENT. THESE PROVISIONS ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES AND ARE AN INTRINSIC PART OF THE BARGAIN BETWEEN THE PARTIES. THE FEES PROVIDED FOR IN THIS AGREEMENT REFLECT THIS ALLOCATION OF RISKS AND THE LIMITATIONS OF LIABILITY AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
19. Governing Law, Dispute Resolution, Class Action Waiver, Arbitration Agreement
Recraft is available to address most concerns that you may have concerning Recraft’s Services. Contact Recraft here help@recraft.ai.
19.1 Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of New York as applied to agreements entered into and to be performed entirely within the State of New York between New York residents, without giving effect to any conflict of law principles that would require the application of the substantive or procedural laws of a different jurisdiction. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded from application to this Agreement. Notwithstanding the foregoing, if you are a Consumer User resident in the European Union, European Economic Area, or United Kingdom, the choice of New York law does not deprive you of the protection afforded by provisions of mandatory consumer protection law that applies in your country of habitual residence and that cannot be derogated from by agreement. In such cases, any rights and protections under applicable mandatory consumer protection law of your jurisdiction of residence are preserved.
19.2 Notice of Claim and Required Information Dispute Resolution Process. If you have any concern or dispute that Recraft is unable to resolve (“Claim”), you agree to first try to resolve the dispute informally and in good faith by contacting us and providing a written Notice of Claim to help@recraft.ai. The Notice of Claim must provide Recraft with fair notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking, including the specific amount of any monetary relief you are seeking, and cannot be combined with a Notice of Claim for other individuals. If any dispute related to your Claim is not resolved within thirty (30) days of receipt, any resulting legal actions must be resolved through either small claims court or final and binding arbitration, including any dispute about whether arbitration is required for the dispute, subject to the exceptions set forth below. Neither party shall initiate legal action until thirty (30) days after the Notice of Claim is received. This agreement to arbitrate shall apply, without limitation, to all claims that arose or were asserted before the effective date of the Terms. The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of the Terms or formation of the Terms, including whether any dispute between us is subject to arbitration (i.e., the arbitrator will decide the arbitrability of any dispute) and whether all or any part of these Terms are void or voidable. Claims related to the Terms, Services, or Assets are permanently barred if not brought within one year of the event resulting in the Claim. Notwithstanding the one-year limitation above, if you are a Consumer User resident in the European Union, European Economic Area, or United Kingdom, any applicable mandatory statutory limitation period under the law of your country of habitual residence shall apply in place of the one-year period where that statutory period is longer.
19.3 No Class Actions or Class Arbitration. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Nonetheless, if any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. Notwithstanding the foregoing, this class action waiver does not apply to, and does not prevent, representative actions brought through a qualified entity on behalf of EU/EEA consumers under the EU Collective Redress Directive (Directive (EU) 2020/1828) or equivalent UK consumer collective proceedings under applicable UK law.
19.4 Arbitration Rules
Any dispute under this Agreement will be submitted to binding arbitration. Such arbitration will be conducted by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to its Streamlined Arbitration Rules and procedures (“Rules”). There will be one (1) arbitrator agreed upon by the parties, and if the parties cannot agree within ten (10) days, then JAMS will make the appointment. The arbitrator will be a trial attorney having not less than fifteen (15) years’ experience in intellectual property matters and sales and licensing of consumer technology products. The arbitration will be conducted in the English language. Any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English (at the expense of the party presenting the witness). The place of arbitration will be San Francisco County, California. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. In addition to the authority conferred on the arbitrator by the Rules, the arbitrator will order the production of relevant documents requested by either party. At the request of any party, the arbitrator shall order the deposition of any witness who submits a witness statement. The arbitrator shall have the discretion to hear and determine at any stage of the arbitration any issue asserted by any party to be dispositive of any claim or counterclaim, in whole or part, in accordance with such procedure as the arbitrator may deem appropriate, and the arbitrator may render an award on such issue. The parties undertake to keep confidential all awards in their arbitration, together with all materials in the proceedings created for the purpose of the arbitration and all other documents produced by another party in the proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. In the event of a conflict between the rules of the arbitration provider and the Terms, including with respect to the assessment of the fees and costs of arbitration, the Terms will govern.
19.5 Arbitration Fees and Costs. Payment of all filing, administration, and arbitrator fees and costs of arbitration will be governed by the rules of the arbitration provider, except that to the extent that you bring a Claim as part of a Coordinated Action (as defined below), we agree that the parties will equally share all of the fees and costs of arbitration (to the extent that allocation is not already required under applicable rules). For purposes of this section, a “Coordinated Action” is any action in which you are represented by a law firm or collection of law firms that has filed numerous coordinated individual arbitration demands of the same or similar nature against Recraft within a short time. Notwithstanding the above, if you are unable to afford fees or costs of arbitration, Recraft will pay them. If the arbitrator finds that either the substance of a Claim or the relief sought in arbitration was frivolous, or a Claim was brought for an improper purpose, the parties may seek to re-allocate the fees and costs of arbitration, according to the rules of the arbitration provider.
19.6 Exceptions to Arbitration – Small Claims and Injunctive Relief. Notwithstanding the foregoing, either party may elect to have any Claim that is subject to the jurisdiction of small claims court decided in small claims court in the City and County of San Francisco, California, USA. If either party files a Claim in arbitration that could have been brought in small claims court, the other party may provide notice that it wants the case decided in small claims court before the appointment of an arbitrator, and the arbitrator shall administratively close the case before assessing any fees, and the party bringing the Claim must proceed in small claims court in lieu of arbitration. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration. Additionally, either party shall be entitled to apply for preliminary injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction, such as in the event of your or others’ unauthorized access to or use of the Services in violation of the Terms. If a party has a dispute in which they seek to obtain both preliminary injunctive relief and other forms of relief, the party may go to court to seek preliminary injunctive relief but must arbitrate its claims or seek relief in small claims court for all other forms of relief.
19.7 Acceptance of Arbitration and Right to Opt Out. Within the first thirty (30) days of your use of the Services the provisions on Dispute Resolution, Class Action Waiver, Arbitration Agreement of the Terms, whichever is later, you have the right to opt out of the arbitration and class action waiver provisions of the Terms by sending us written notice of your decision to help@recraft.ai or 450 Townsend St, Ste 100 San Francisco, CA 94107. If you opt out of these provisions, Recraft will also not be bound by them.
19.8 EU, EEA, and UK Consumer User Exception to Arbitration. Notwithstanding any other provision of this Governing Law, Dispute Resolution, Class Action Waiver, Arbitration Agreement section, if you are a Consumer User resident in the European Union, European Economic Area, or United Kingdom, the mandatory arbitration clause, the class action waiver, and the requirement that disputes be heard in San Francisco, California do not apply to you. EU/EEA Consumer Users may bring claims before the courts of the EU member state in which they habitually reside, or before any other competent court with jurisdiction over Recraft, and are entitled to the benefit of any mandatory consumer protection laws in their country of residence. UK Consumer Users may bring claims before the courts of England and Wales, Scotland, or Northern Ireland as applicable. Nothing in these Terms affects EU/EEA or UK consumers’ rights to refer disputes to their national consumer protection authority or to use any applicable alternative dispute resolution scheme available in their jurisdiction.
20. General Provisions
20.1 Electronic Communications. The information communicated on the Site constitutes an electronic communication. When you communicate with Recraft through the Site or other forms of electronic media, such as e-mail, you are communicating with Recraft electronically. You agree that Recraft, on behalf of itself and others who may be involved with delivering the Services (as applicable), may communicate electronically by e-mail and/or may make communications available to you by posting them on the Site, and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by Recraft. Notices and communications to Recraft must be sent to the applicable address given in these Terms or to help@recraft.ai.
20.2 Force Majeure. Neither party will be liable to the other for any breach of this Agreement which arises because of any circumstances which the defaulting party cannot reasonably be expected to control (which shall include but not be limited to, any act of god, fire, casualty, flood, pandemic or epidemic, war, labor disputes, governmental action, failure of public services, interruption or failure of the Internet or of any network, telecommunications, power supply or infrastructure, or any provider of any of the foregoing but, for the avoidance of doubt, shall not include shortage or lack of available funds, provided it promptly notifies the other party of such circumstances. If performance has been interfered with, hindered, delayed or prevented for a period in excess of thirty (30) days, the party whose performance is not affected may terminate this Agreement immediately by written notice to the other party.
20.3 Entire Agreement. These Terms of Service, including the DPA where applicable, and all other terms and conditions incorporate herein, or which incorporate these Terms of Service constitute the entire agreement between you and Recraft regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law and consistent with the original intent. These Terms create no relationship of employee-employer, agency, partnership, or joint venture between the parties. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Recraft’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Recraft may assign, transfer, or delegate any of its rights and obligations hereunder without your consent. The terms and conditions set forth in these Terms shall be binding upon assignees.
20.4 Notices. Except as otherwise provided herein, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two (2) days after it is sent, if sent for next day delivery by recognized overnight delivery service.
20.5 Consumer Complaints. In accordance with California Civil Code §1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
21. Contact Us
For questions regarding the Services, you can get in touch by emailing Recraft at help@recraft.ai.