Terms and Conditions
We guarantee your data privacy
This terms and our Privacy Police govern your use of the ECR
SYSTEMS (“BLOGCRAFTAI”) website
located at www.blogcraftai.com (the
“Site”), BLOGCRAFTAI’s copy content
generation services, and any copy content generated by BLOGCRAFTAI’s services
for you based on your User Content (defined below) (“Generated Content”).
Agreement to Terms. By using our
Services, you agree to be bound by these Terms. If you do not agree to be bound
by these Terms, do not use the Services. If you are accessing and using the
Services on behalf of a company such as your employer or other legal entity,
you represent and warrant that you have the authority and responsibility to
bind that entity to these Terms of Service. In that case, “you” and “your” will
refer to that entity.
Privacy Notice. Please review our
Privacy Policy, which also governs your use of the Services, for information on
how we collect, use and share your information.
Changes to these
Terms or the Services. We may update the Terms from time to time in our sole
discretion.
If you continue to use the Services after we
have posted updated Terms, it means that you accept and agree to the changes.
If you don’t agree to be bound by the changes, you may not use the Services
anymore. We may change or discontinue all or any part of the Services, at any
time and without notice, at our sole discretion.
Use of the Services
You may use the Services only if you are 18
years or older and capable of forming a binding contract with BLOGCRAFTAI, and
not otherwise barred from using the Services under applicable law.
To protect your account, keep the account
details and password confidential, and notify us right away of any unauthorized
use. You are responsible for all activities that occur under your account.
Subscriptions. BLOGCRAFTAI
requires payment of a fee for use of the Services and you agree to pay such
fees.
• When you purchase a subscription for the Services (“Subscription”), you expressly authorize
us or our third-party payment processor, to charge you for such Subscription.
• We may ask you to supply additional information relevant to
your Subscription, including your credit card number, the expiration date of
your credit card and your email and postal addresses for billing and/or
notification.
• You represent and warrant that you have the legal right to use
all payment method or methods, represented by any such Payment Information.
• When you initiate a Subscription, you authorize us to provide
your Payment Information to third parties so we can complete the transaction
related to your Subscription and to charge your payment method for the type of
Subscription you have selected.
• You may need to provide additional information to verify your
identity before completing your Subscription, such information is included
within the definition of Payment Information.
• All payments for Subscriptions are non-refundable and
non-transferable except as expressly provided in these Terms.
• All fees are payable in United States dollars.
Subscriptions.
• If you purchase a Subscription, you will be charged the
monthly or annual Subscription fee, at the beginning of your Subscription and
each year or month thereafter, at the current Subscription Fee.
• By purchasing a subscription, you authorize BlogCraftAi to
initiate recurring nonrefundable payments as set forth below.
• If you purchase a Subscription, we or our third-party payment
processor, will automatically charge you each year or month on the anniversary
of the commencement of your Subscription, using the Payment Information you
have provided until you cancel your Subscription.
• 15 days before the end of your Subscription period, BLOGCRAFTAI will send you a reminder for renewal and
also the current Subscription Rate.
• By agreeing to these Terms and electing to purchase a
Subscription you accept responsibility for all recurring payment obligations
prior to cancellation of your Subscription by you or BLOGCRAFTAI.
• Your Subscription continues until cancelled by you or we
terminate your access to or use of the Services or Subscription in accordance
with these Terms.
Cancelling Your
Subscription.
• If something unexpected happens in the course of completing a
transaction, we reserve the right to cancel your transaction for any reason.
• Without limiting the foregoing, you may cancel your
Subscription at any time. Note that such cancellation will be effective at the
end of the current Subscription period.
• Except as set forth above with respect to your initial
subscription purchase, you will not receive a refund of any portion of the
subscription fee paid for the then current subscription period at the time of
cancellation.
• To cancel, you can send an email to [email protected] at least 5 days before
renewal. You will be responsible for all Subscription incurred for the current
Subscription period.
• If you cancel, your right to use the Services will continue
until the end of your then current Subscription period and will then terminate
without further charges.
Refund policy
We
offer a 5-day money back guarantee on our premium plans.
The
goal of the refund policy is to allow you to try the service free of charge.
For
that reason, this policy is only applicable to customers new to the plan:
Plan Starter
Plan Growth
If
you are not satisfied with your purchase, simply contact us within 5 days of
your purchase with the receipt of your payment and we will process your request
to issue a refund.
The
Refund Policy exclusively applies to the plans listed below:
Plan Starter
Plan GrowthCustomers who purchase any other Plan or any of Prepaid
Packs will not be eligible for refunds.
If you are a new customer and
upgrade to a higher plan after trying the “Plan Starter", we can refund
the difference, only if you wish and explicitly request it.
Only for plans on a monthly or
yearly billing cycle refunds are available.
The
refund will be made only and without exceptions, to the same payment method
with which the subscription payment was made.
This
is for new accounts only and does not apply to the user's existing recurring
payment on their subscription or the renewal of their expired subscriptions.
We
do not offer partial month refunds, except when purchasing upgrade of
subscription license.
There
are no prorated refunds.
Please
keep in mind that we are not obligated to issue a refund: we are only offering
a 5-day money back guarantee as part of our commitment to be a conscientious
business.
Important: when requesting a refund, we
will deduct 3.5% from the payment, as a payment platform commission.
Who is eligible for a refund?
To
be eligible for a refund please make sure that:
•
You
have one of the eligible plans above
•
You
have proof of purchase or invoice
•
The
5-day duration is not over yet
•
You
have not utilized more than:
• 3000 words
•
10
images
•
10
minutes of Text to Speech
•
1000
Characters of Speech to Text
We
also appreciate knowing why you are looking to get a refund.
This
helps us improve our services to make your experience with www.blogcraftai.com as comfortable as possible.
How to request a refund?
•
Proof
of purchase
•
Reason
for your refund request
•
Image
of your personal identification.
Fair Usage Policy
(FUP). BLOGCRAFTAI is
committed to providing high-quality, reliable service for all users.
We expect
all our users to avoid misuse or overuse of our services. Overuse by one user
may impact the quality of service for others. Users are encouraged to select
plans that align with their professional needs and business size. High-usage
users should consider upgrading to a more robust plan, requesting a custom
plan.
• The vast majority of users, over 95%, consistently operate
within the defined parameters. Exceeding these parameters could lead to
restricted or reduced service access, with or without prior warning.
• Our system diligently monitors for automated or robotic
behavior to maintain service safety and quality. Please be aware that sharing
login details of unlimited accounts for monetary gains is considered illegal.
• Unusually high usage or sharing of login details could lead to
account suspension or deletion without prior notice, with no possibility for
refunds.
Content.
• Posting. Our Services may
allow you to store or share content such as text, files, documents, images,
music, audio and video. Anything, other than Feedback that you post or
otherwise make available through the Services is referred to as “User Content.”
• BLOGCRAFTAI does not claim any ownership rights in any User
Content and nothing in these Terms will be deemed to restrict any rights that
you may have to your User Content.
• By making any User Content available through the Services you
hereby grant to BLOGCRAFTAI a non-exclusive, transferable, worldwide,
royalty-free, with the right to sublicense, to use, copy, modify, create
derivative works based upon, distribute, publicly display, and publicly perform
your User Content in connection with operating and providing the Services.
• You are solely responsible for all your User Content. You
represent and warrant that you have and will have all rights that are necessary
to grant us the license rights in your User Content under these Terms.
• You represent and warrant that neither your User Content nor
your use and provision of your User Content to be made available through the
Services, nor any use of your User Content by BLOGCRAFTAI on or through the
Services will infringe, misappropriate or violate a third party’s intellectual
property rights, or rights of publicity or privacy, or result in the violation
of any applicable law or regulation.
• Subject to your compliance with these Terms, BLOGCRAFTAI
hereby grants you a non-exclusive, transferable, worldwide, perpetual license,
with the right to sublicense, to use, copy, modify, create derivative works
based upon, distribute, publicly display, and publicly perform Generated
Content for your lawful business purposes.
• We may make available through the Services content that is subject
to intellectual property rights, including Generated Content. We retain all
rights to that content.
• You can remove your User Content by specifically deleting it.
You should know that in certain instances, some of your User Content, may not
be completely removed and copies of your User Content may continue to exist on
the database of the Services. We are not responsible for the removal or failure
to remove any of your User Content.
Prohibited Uses. You
agree not to do any of the following:
• Post, upload,
publish, submit or transmit any User Content that:
• Infringes, misappropriates or violates a third party’s patent,
copyright, trademark, trade secret, moral rights or other intellectual property
rights, or rights of publicity or privacy.
• Violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability.
• Is fraudulent, false, misleading or deceptive.
• Is defamatory, obscene, pornographic, vulgar or offensive.
• Promotes discrimination, bigotry, racism, hatred, harassment
or harm against any individual or group.
• Is violent or threatening or promotes violence or actions that
are threatening to any person or entity
• Promotes illegal or harmful activities or substances.
Use, display, mirror
or frame the Services within the Services BLOGCRAFTAI’s name, any BLOGCRAFTAI
trademark, logo or other proprietary information, or the layout and design of
any page or form contained on a page, without BLOGCRAFTAI’s express written
consent.
• Access, tamper with,
or use non-public areas of the Services BLOGCRAFTAI’s computer systems,
or the technical delivery systems of BLOGCRAFTAI’s providers.
• Allow other users other
than yourself access to your account by providing them with your login details
for free and/or selling your login details so others can access your account.
• Attempt to scan or
test the vulnerability of any BLOGCRAFTAI system or network or breach any
security or authentication measures.
• Avoid, bypass,
remove, deactivate, impair, descramble or otherwise circumvent any technological
measure implemented by BLOGCRAFTAI or any of BLOGCRAFTAI’s providers or any
other third party, including another user, to protect the Services.
• Attempt to access or
search the Services or download content from the Services using any engine,
software, tool, agent, device or mechanism including spiders, robots, crawlers,
other than the software and search agents provided by BLOGCRAFTAI or other
generally available third-party web browsers.
• Send any unsolicited
or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters
or other form of solicitation.
• Use any meta tags or
other hidden text or metadata utilizing a BLOGCRAFTAI trademark, logo URL or
product name without BLOGCRAFTAI’s express written consent.
• Use the Services, or any portion
thereof, for any commercial purpose or for the benefit of any third party or in
any manner not permitted by these Terms.
• Forge any TCP/IP
packet header or any part of the header information in any email, or in any way use
the Services to send altered, deceptive or false source-identifying
information.
• Attempt to decipher,
decompile, disassemble or reverse engineer any of the software used to provide
the Services.
• Interfere with, or
attempt to interfere with, the access of any user, host or network, including, without
limitation, sending a virus, overloading, flooding, DDoS attack, mail-bombing
the Services or spamming.
• Collect or store any
personally identifiable information from the Services from other users of the
Services without their express permission.
• BLOGCRAFTAI is not obligated to monitor access to or use of
the Services or to review or edit any content. However, we have the right to do
so for the purpose of operating the Services, to ensure compliance with these
Terms and to comply with applicable law or other legal requirements. We reserve
the right, but are not obligated, to remove or disable access to any content,
including User Content, at any time and without notice, including, but not
limited to, if we, at our sole discretion, consider it objectionable or in
violation of these Terms.
• We have the right to
investigate violations of these Terms or conduct that affects the Services.
• We may also consult and cooperate with law enforcement
authorities to prosecute users who violate the law.
• Digital Millennium
Copyright Act /Copyright Policy. BLOGCRAFTAI respects copyright law and
expects its users to do the same. It is BLOGCRAFTAI’s policy to terminate in
appropriate circumstances account holders who repeatedly infringe or are
believed to be repeatedly infringing the rights of copyright holders.
Third Party
Websites. The Services may allow you to access third-party websites or
other resources. We provide access only as a convenience and are not
responsible for the content, products or services on or available from those
resources or links displayed on such websites. You acknowledge sole
responsibility for and assume all risk arising from, your use of any
third-party resources.
Termination. We may suspend or
terminate your access to and use of the Services, including suspending access
to or terminating your account, at our sole discretion, at any time and without
notice to you.
Warranty
Disclaimers. The website service is provided to you "AS IS" and
"AS AVAILABLE" and with all faults and defects without warranty of
any kind. To the maximum extent permitted under applicable law, BLOGCRAFTAI, on
its own behalf and on behalf of its affiliates and its and their respective
licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the website,
including all implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement, and warranties that may arise out of
course of dealing, course of performance, usage or trade practice. Without
limitation to the foregoing, BLOGCRAFTAI provides no warranty or undertaking,
and makes no representation of any kind that the website will meet your
requirements, achieve any intended results, be compatible or work with any
other software, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither BLOGCRAFTAI nor any BLOGCRAFTAI
provider makes any representation or warranty of any kind, express or implied:
1: as to the operation or availability of the website, or the information,
content, and materials or products included thereon, 2: that the website will
be uninterrupted or error-free, 3: as to the accuracy, reliability, or currency
of any information or content provided through the website or 4: that the
website, its servers, the content, or e-mails sent from or on behalf of BLOGCRAFTAI
are free of viruses, scripts, trojans, worms, malware or other harmful
components.
Indemnity. You will indemnify
and hold BLOGCRAFTAI and its officers, directors, employees and agents,
harmless from and against any claims, disputes, demands, liabilities, damages,
losses, and costs and expenses, including, without limitation, reasonable legal
fees arising in any way connected with your access to or use of the Services,
your User Content or your violation of these Terms.
Limitation of
Liability.
To the maximum extent permitted by law, neither BlogCraftAi
nor its service providers involved in creating, producing, or delivering the
services will be liable for any incidental, special, exemplary or consequential
damages, or damages for lost profits, lost revenues, lost savings, lost
business opportunity, loss of data or goodwill, service interruption, computer
damage or system failure or the cost of substitute services of any kind arising
out of or in connection with these terms or from the use of or inability to use
the services, whether based on warranty, contract, tort, including negligence,
product liability or any other legal theory, and whether or not BlogCraftAi or
its service providers has been informed of the possibility of such damage, even
if a limited remedy set forth herein is found to have failed of its essential
purpose.
To the maximum extent permitted by the law of the applicable
jurisdiction, in no event will BlogCraftAi’s total liability arising out of or
in connection with these terms or from the use of or inability to use the
services, exceed the amounts you have paid or are payable by you to BlogCraftAi
for use of the services or fifty dollars USD 50.
The exclusions and limitations of damages set forth above are
elements of the basis of the bargain between BlogCraftAi and you.
Dispute Resolution.
We each agree that any dispute, claim or controversy arising
out of or relating to these Terms or the breach, termination, enforcement,
interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by
binding, individual arbitration and not in a class, representative or
consolidated action or proceeding.
DR1. You and BLOGCRAFTAI
agree that the México Federal Arbitration Act governs the interpretation and
enforcement of these Terms, and that you and BLOGCRAFTAI are each waiving the
right to a trial by jury or to participate in a class action. This arbitration
provision shall survive termination of these Terms.
DR2. As limited exceptions to Section DR1 above: i: we
both may seek to resolve a Dispute in small claims court if it qualifies, and
ii: we each retain the right to seek injunctive or other equitable relief from
a court to prevent, or enjoin, the infringement or misappropriation of our intellectual
property rights.
DR3. Except as provided
in Section DR2 above, the arbitrator shall determine all issues of liability on
the merits of any claim asserted by either party and may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only
to the extent necessary to provide relief warranted by that party’s individual
claim. To the extent that you or we prevail on a claim and seek public
injunctive relief, that is, injunctive relief that has the primary purpose and
effect of prohibiting unlawful acts that threaten future injury to the public,
the entitlement to and extent of such relief must be litigated in a civil court
of competent jurisdiction and not in arbitration. The parties agree that
litigation of any issues of public injunctive relief shall be stayed pending
the outcome of the merits of any individual claims in arbitration.
DR4. You and BlogCraftAi
agree that each may bring claims against the other only in your or its
individual capacity, and not as a plaintiff or class member in any purported
class or representative proceeding.
Further, if the parties’ Dispute is resolved through arbitration, the
arbitrator may not consolidate another person’s claims with your claims, and
may not otherwise preside over any form of a representative or class
proceeding. If this specific provision is found to be unenforceable, then the
entirety of this Dispute Resolution section shall be null and void.
DR5. With the exception
of any of the provisions in Section DR4 of these Terms, if an arbitrator or
court of competent jurisdiction decides that any part of these Terms is invalid
or unenforceable, the other parts of these Terms will still apply.
General Terms.
Reservation. BLOGCRAFTAI and its
licensors exclusively own all right, title and interest in and to the Services,
including all associated intellectual property rights. You acknowledge that the
Services are protected by copyright, trademark, and other laws.
You agree not to remove, alter or obscure any copyright,
trademark, service mark or other proprietary rights notices incorporated in or
accompanying the Services.
Agreement. These Terms
constitute the entire and exclusive understanding and agreement between BLOGCRAFTAI
and you regarding the Services, and these Terms supersede and replace all prior
oral or written understandings or agreements between BLOGCRAFTAI and you
regarding the Services.
You may not assign or transfer these Terms, by operation of
law or otherwise, without BLOGCRAFTAI’s prior written consent. Any attempt by
you to assign or transfer these Terms, without such consent, will be null. BLOGCRAFTAI
may freely assign or transfer these Terms without restriction. Subject to the
foregoing, these Terms will bind and inure to the benefit of the parties, their
successors and permitted assigns.
Notices. Any notices or
other communications provided by BLOGCRAFTAI under these Terms will be given
via email. The date of receipt will be deemed the date on which such notice is
transmitted.
Waiver of Rights. BLOGCRAFTAI’s
failure to enforce any right or provision of these Terms will not be considered
a waiver of such right or provision. The waiver of any such right or provision
will be effective only if in writing and signed by a duly authorized
representative of BLOGCRAFTAI. Except as expressly set forth in these Terms,
the exercise by either party of any of its remedies under these Terms will be
without prejudice to its other remedies under these Terms or otherwise.
Contact Information. If you have any
questions about these Terms or the Services, please contact BLOGCRAFTAI at