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Terms Of Service

Last updated: April 13, 2024

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Substandart e.U.

When we say “Services”, we mean our websites, including cresqa.com, substandart.com, and any product created and maintained by Substandart e.U, whether delivered within a web browser, desktop application, mobile application, or another format.

When we say “You” or “your”, we are referring to the people or organizations that own an account with one or more of our Services.

We may update these Terms of Service ("Terms") in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page and take any other appropriate steps to notify account holders.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

If you violate any of the Terms, we may terminate your account. That’s a broad statement and it means you need to place a lot of trust in us.

Account Terms

  1. You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment and Plan Changes

  1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
  2. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Service. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
  3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.

Refund Policy

  1. If you’re ever unhappy with our products for any reason, just contact our Support team and we'll take care of you.
  2. We will grant full refund:
    1. If you were just charged for your next month of service but you meant to cancel, we’re happy to refund that extra charge.
    2. If you forgot to cancel your account a couple months ago and you haven’t used it since then, we’ll give you a full refund for a few back months. No problem.
    3. If you tried one of our products and you just weren’t happy with it, you can have your money back. However, as AI is a costly service to run, in case of higher than usual usage on your account we reserve the right to issue a partial refund.
  3. We will grant partial refund:
    1. If you forgot to cancel your account a year ago, and there’s been activity on your account since then, we’ll review your account usage and figure out a partial refund based on how many months you used it.
    2. If you upgraded your account a few months ago to a higher plan and kept using it in general but you didn’t end up using the extra features or seats, we’d consider applying a prorated credit towards future months.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. Within each of our Services, we provide a simple no-questions-asked cancellation link. If you need help canceling your account, you can always contact our Support team.
  2. All of your content will be inaccessible from the Services immediately upon account cancellation. Within 30 days, all content will be permanently deleted from active systems and logs. Within 60 days, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of a Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

  1. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public Internet. There are some edge cases where we may send your data through our network unencrypted.
  4. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Substandart may process your data as described in our Privacy Policy and for no other purpose.
  5. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. We also may use contractor services to provide customer support, application development and infrastructure management.

Fair Use Policy

  1. As AI is a costly service to run, we reserve the right to limit the number of generation requests you can make in a given time period. Our limits are designed to fit most use cases, and are generally higher for higer plans.
  2. In case of usage that appears to be abusive or automated, we reserve the right to terminate the account without notice.

Copyright and Content Ownership

  1. All content posted on the Services must comply with copyright law.
  2. You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
  3. We do not pre-screen content, but we reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  4. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
  5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent. If you choose to use our Services, thank you for betting on us.

If you have a question about any of these Terms, please contact our Support team.

Adapted from the Basecamp open-source policies / CC BY 4.0