These Terms of Service (the “Terms”) form a binding legal agreement between you (“you”, “your” or the “Customer”) and samko labs, s. r. o., a company incorporated in the European Union with registered office at Trnková 451/12, 040 14 Košice – mestská časť Košická Nová Ves, Slovak Republic and company registration number (IČO) 53 928 881 and tax identification number (DIČ) 2121532600 (“statie.sh”, “we”, “us” or “our”), governing your access to and use of the statie.sh website, applications, Slack integration and related services (together, the “Service”).
By creating an account, connecting a Slack workspace, subscribing to a paid plan, or otherwise accessing or using the Service, you confirm that you have read, understood and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, you must not use the Service.
1. The Service
statie.sh is a software-as-a-service product that researches your brand from the product URLs and materials you provide, generates fresh static advertising creatives and creative concepts (“Creatives”) using generative artificial intelligence, and delivers ideas and images to your connected Slack workspace or in-app workspace. We continuously develop the Service and may add, change, suspend or remove features, models, formats, delivery schedules or limits at any time.
The Service is provided on an “as available” basis. We do not guarantee any particular output, quantity of Creatives, delivery time, uptime, or that any Creative will be effective, accurate, novel, or suitable for any purpose.
2. Eligibility and accounts
- You must be at least 18 years old and able to form a binding contract. If you use the Service on behalf of an organisation, you represent that you are authorised to bind that organisation, and “you” includes that organisation.
- You are responsible for the security of your account and credentials, for all activity that occurs under your account, and for keeping your contact and billing information accurate and current.
- You must promptly notify us of any unauthorised use of your account. We are not liable for any loss arising from unauthorised use that you fail to prevent or report.
3. Fair Usage Policy
The Service is priced and provisioned on the assumption of normal, good-faith use by a single subscribing business. This Fair Usage Policy is a material part of these Terms and is designed to keep the Service reliable and affordable for everyone. We apply it at our sole and reasonable discretion.
3.1 Normal use
“Normal use” means using the Service to research your own brands and generate and deliver Creatives for products and businesses that you own or are directly authorised to market, at the cadence and volumes the Service is designed to provide (for example, a daily batch of ad ideas per project, with finished images generated for the ideas you actively select). Reasonable limits on the number of projects, brand research runs, ideas, image generations, requests, storage, and API or automation calls apply per subscription, and we may set, publish and adjust these limits at any time.
3.2 Prohibited and excessive use
You agree that you will not, and will not permit anyone else to:
- exceed, circumvent, or attempt to circumvent any usage limit, rate limit, quota, paywall, trial restriction or access control, including by using multiple accounts, automation, scripts, or shared credentials to obtain more than your fair share of the Service;
- resell, sublicense, rent, lease, white-label, or otherwise make the Service or its outputs available to third parties as a service, agency offering, or bureau, except as expressly permitted in writing by us;
- use one subscription to serve multiple unrelated brands, clients or businesses, or otherwise share, pool or distribute a single subscription across parties who would reasonably be expected to hold their own subscriptions;
- place automated, bulk, programmatic, or abnormally high load on the Service, or use it in any way that degrades, disrupts, or imposes a disproportionate burden on our infrastructure or on third-party providers (including Slack, our AI providers, and our hosting providers);
- scrape, crawl, mirror, reverse engineer, decompile, or attempt to derive the source code, underlying models, prompts, or trade secrets of the Service, or use it to build, train, benchmark or improve any competing product or model;
- probe, scan or test the vulnerability of the Service, breach or circumvent any security or authentication measure, or access any account, data or system you are not authorised to access.
3.3 Enforcement
If we determine, in our sole and reasonable discretion, that your use is excessive, abusive, or otherwise inconsistent with this Fair Usage Policy, we may take any action we consider appropriate, with or without prior notice, including: throttling, rate-limiting, or temporarily degrading your access; capping or reducing the volume of Creatives generated; pausing brand research or generation; requiring you to upgrade to a higher plan; or suspending or terminating your account. We are not required to provide credits, refunds, or compensation for any action taken under this Policy, and we may pursue any additional remedies available to us at law.
4. Acceptable use and your content
You are solely responsible for the URLs, brand materials, assets, prompts, instructions, feedback, and any other content you submit to the Service (“Customer Content”) and for the Creatives you choose to generate, download, publish or use. You represent and warrant that:
- you own or have all rights, licences and permissions necessary to submit the Customer Content and to have Creatives generated from it, including all trademarks, logos, images, copy and third-party materials;
- your Customer Content and your use of the Creatives do not and will not infringe, misappropriate or violate any intellectual property right, privacy or publicity right, contract, or applicable law;
- you will not use the Service to create, generate, or distribute content that is unlawful, deceptive, defamatory, hateful, harassing, sexually explicit, that exploits or endangers minors, that impersonates any person or brand you are not authorised to represent, that makes false or misleading advertising claims, or that violates the advertising policies of any platform, network or regulator;
- you will comply with all applicable advertising, consumer-protection, data-protection and marketing laws, and with the terms and policies of Slack and of any platform on which you publish Creatives.
We do not pre-screen Customer Content or Creatives and are not responsible for them. We may, however, review, refuse, filter, remove, or disable any content or output at any time, and may suspend or terminate accounts that we reasonably believe violate these Terms, without liability to you.
5. Generative AI and Creatives
You acknowledge and agree that the Service uses generative artificial intelligence, including third-party models, to research brands and to produce and iterate on Creatives, ad concepts, copy and images. Because of the nature of generative AI:
- No guarantee of quality or accuracy. Creatives are generated automatically and may contain errors, inaccuracies, artefacts, non-factual claims, or material that is unsuitable for your use. You are responsible for reviewing, editing, and approving every Creative before you publish or rely on it.
- No guarantee of uniqueness. Generative models may produce outputs that are similar or identical to outputs generated for other users or that resemble existing works. We make no representation that any Creative is original, novel, or non-infringing, and we do not warrant that Creatives are free of third-party rights.
- Human in the loop. The Service is designed so that ideas are generated broadly and finished images are produced only for ideas you actively select. You are the final decision-maker and publisher; you assume all responsibility for how Creatives are used.
- Third-party providers. AI generation depends on third-party providers whose availability, models, pricing and policies may change. We are not responsible for provider outages, model changes, content filtering, or refusals, and such events do not entitle you to any refund or credit.
Ownership of Creatives. As between you and us, and subject to your full payment of applicable fees and your compliance with these Terms, we assign to you such rights as we hold in the specific finished Creatives generated for you, so that you may use them for your own lawful advertising and marketing. To the extent any rights cannot be assigned, we grant you a worldwide, non-exclusive, royalty-free licence to use those Creatives for such purposes. This grant does not transfer any rights in the Service, the underlying models, prompts, templates, brand-research methods, or in any content generated for other users, and it terminates for any Creative used in breach of these Terms.
6. Fees, billing and trials
- Payments and Merchant of Record. Payments are processed through Stripe using Link (Stripe Managed Payments). For these transactions, Stripe (through Link) acts as the merchant of record and the legal seller to you, and is responsible for processing the payment and for calculating, collecting and remitting any applicable taxes. Your purchase, including checkout and any Link account required to complete or manage a subscription, is additionally subject to Stripe’s and Link’s own terms and privacy policies, available at stripe.com/legal and link.com/terms. We do not receive or store your full card details.
- Subscription. Paid plans are billed in advance on a recurring basis (for example, daily or monthly) at the price shown at checkout. By subscribing you authorise us and our payment processor to charge your payment method on each renewal until you cancel. A Link account may be required to complete and manage recurring subscriptions.
- Free trial. If a free trial is offered, it converts automatically into a paid subscription at the end of the trial period unless you cancel before it ends. We may change or withdraw trial offers at any time, and we may limit trials to one per customer, business, or payment method.
- Price changes. Promotional or launch pricing is temporary. We may change our fees at any time; changes to recurring fees take effect on your next renewal after we give reasonable notice.
- Taxes. Any VAT, sales tax, GST or other applicable taxes on your purchase are calculated, collected and remitted by the merchant of record (Stripe / Link) and shown at checkout, where required. You remain responsible for any taxes that are your own legal responsibility and that are not collected on your behalf.
- No refunds. Except where a non-waivable right to a refund is required by applicable law, all fees are non-refundable and are not pro-rated on cancellation, suspension, termination, non-use, or reduced use. Amounts already charged for a current billing period remain payable in full.
- Failed payments. If a charge fails, we may retry, suspend, or downgrade your access until payment is made, and you remain liable for outstanding amounts and reasonable collection costs.
EU right of withdrawal. Where you are a consumer with a statutory right of withdrawal, by starting the Service (including any generation of Creatives) during the withdrawal period you expressly request immediate performance and acknowledge that you lose your right of withdrawal once the Service has been fully performed, and that for any partial performance you must pay a proportionate amount.
7. Cancellation, suspension and termination
You may cancel your subscription at any time through your account or billing portal; cancellation stops future renewals and takes effect at the end of the current paid period. We may suspend or terminate your access to the Service, in whole or in part, immediately and without liability, if you breach these Terms (including the Fair Usage Policy), if required by law or by a third-party provider, if your payment fails, or to protect the Service, other users, or our providers. On termination your right to use the Service ceases immediately, and we may delete your account and associated data in accordance with our Privacy Policy and applicable law. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnity and governing law) will survive.
8. Intellectual property
The Service, including all software, models, prompts, templates, workflows, brand-research methodology, designs, text, graphics, and the statie.sh name and logo, is owned by us or our licensors and is protected by intellectual property laws. Except for the limited licence to use finished Creatives set out in Section 5, no rights are granted to you. You retain ownership of your Customer Content and grant us a worldwide, non-exclusive, royalty-free licence to host, process, reproduce, adapt and transmit it as necessary to operate, secure, improve and provide the Service (including passing it to our AI and infrastructure providers). If you send us feedback or suggestions, you grant us an unrestricted, perpetual, irrevocable right to use them without obligation to you.
9. Third-party services
The Service integrates with and depends on third parties, including Slack, our generative AI providers, our payment processor, and our hosting and email providers. Your use of those services is governed by their own terms and policies. We are not responsible for third-party services, their availability, changes, or acts or omissions, and we may change providers at any time.
10. Disclaimers
To the fullest extent permitted by law, the Service and all Creatives are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, or that the Service will be uninterrupted, secure, error-free, or that Creatives will achieve any marketing, commercial, or performance result. You use the Service and any Creative at your own risk.
11. Limitation of liability
To the fullest extent permitted by law, we and our directors, employees, providers and affiliates will not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, or for any loss of profits, revenue, goodwill, data, business opportunities, advertising spend, or for claims arising from your use of, or inability to use, the Service or any Creative, even if we were advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to these Terms or the Service, regardless of the cause of action, will not exceed the total fees actually paid by you to us for the Service in the three (3) months immediately preceding the event giving rise to the claim. 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, or for fraud.
12. Indemnification
You agree to defend, indemnify and hold harmless statie.sh and its directors, employees, providers and affiliates from and against any claims, demands, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to: (a) your Customer Content; (b) your use, publication or distribution of any Creative; (c) your breach of these Terms or of any law or third-party right; or (d) your violation of the Fair Usage Policy.
13. Changes to these Terms
We may update these Terms from time to time. If we make material changes we will take reasonable steps to notify you, for example by email or through the Service. Changes take effect when posted (or on any later stated date), and your continued use of the Service after that time constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service.
14. Governing law and disputes
These Terms and any dispute arising out of or in connection with them or the Service are governed by the laws of the Slovak Republic, without regard to its conflict-of-laws rules, and, where applicable, by mandatory provisions of European Union law. The courts competent for the registered seat of statie.sh will have exclusive jurisdiction, except that where you are a consumer, mandatory consumer-protection rules of your country of residence and the jurisdiction of your local courts continue to apply. Consumers in the EU may also use the European Commission’s Online Dispute Resolution platform.
15. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service and supersede any prior agreements.
- Severability. If any provision is held unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
- No waiver. Our failure to enforce any provision is not a waiver of it.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.
- Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including provider outages, network failures, or acts of government.
16. Contact
Questions about these Terms can be sent to samo@vrablik.eu, or to statie.sh, samko labs, s. r. o., Trnková 451/12, 040 14 Košice – mestská časť Košická Nová Ves, Slovak Republic.