Last updated: October 14, 2024
These Terms of Use (the “Terms”) govern your use of the website located at greenbytegen.com and services (the "Service") owned and operated by NexaMind Limited, a private limited company (the “Company,” “we,” “us,” or “our”), incorporated under the laws of Ireland with registration number 773572 and registered office at 77 Lower Camden Street, Dublin, Ireland, D02 XE80.
Company reserves the right to modify or discontinue, temporarily or permanently, the Terms in whole or in part with or without notice at any time. User agrees that Company shall not be liable to them or to any third party for any modification, suspension or discontinuance of service. Please also read Company’s Cookies Police and Privacy Policy which details how Company securely handles your personal information. Company reserves the right to change the Terms of Use, so check back to view these Terms periodically for changes.
Accessing and using the Website implies that the User has read and accepts to be bound by these Terms without exception. In case the User does not accept the Terms or has any objection to any part of the present Terms, the User must not use the Website.
1. Services We Provide
NexaMind Limited provides an AI image generator that allows users to create images based on input prompts. We do not guarantee that the Service will be uninterrupted, error-free, or meet your expectations. We reserve the right to modify or discontinue the Service without notice at any time.
You are granted a non-exclusive right to access and use our Services in accordance with these Terms. By using the Services, you agree to comply with these Terms and all applicable laws. All rights, titles, and interests in the Services are owned by us and our affiliates.
Any software made available through this Website is owned by us or third parties and is protected by copyright and other intellectual property laws. You are permitted to use the software solely for personal and recreational purposes, and in compliance with these Terms, as well as any applicable laws, rules, and regulations.
2. Acceptance of Terms
By using our Service, you affirm that you have read, understood, and agree to be bound by these Terms. These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, and contributors of content.
We reserve the right to modify these Terms at any time. If we make changes, we will notify you by revising the "Effective Date" at the top of this page. You are responsible for reviewing the Terms periodically for any updates. Continued use of the Service after any changes to the Terms constitutes your acceptance of the revised Terms.
3. Eligibility Requirements
You must be at least 18 years of age to use the Service. If you are under 18, you may only use the Service with the involvement of a parent or legal guardian. By using the Service, you affirm that you are of legal age or have the required consent.
4. Restricted Use
Our Service is intended strictly for lawful and appropriate use. By accessing and using our Service, you agree to refrain from the following actions:
1) Violating any local, national, or international laws, including but not limited to those related to gambling, weapons, cybercrime, or surveillance.
2) Exploiting, harming, or exposing minors to inappropriate content.
3) Promoting hate, harassment, violence, or self-harm, including glorification of such behavior.
4) Creating or sharing adult content, except for educational or wellness purposes.
5) Attempting to influence political processes or engaging in deceptive practices or misinformation.
6) Using our Service to distribute malware, send spam, or support abusive business models.
7) Impersonating our company, employees, or others.
8) Infringing upon the rights of others or participating in harmful activities.
You also agree not to disrupt the functionality of our Service or attempt to gain unauthorized access to it.
Access to our Service or the use of payments from the following countries is prohibited: Afghanistan, Belarus, Bosnia and Herzegovina, Central African Republic, China, Congo, Guatemala, Guinea, Guinea-Bissau, Haiti, Iran, Iraq, Lebanon, Libya, Mali, Myanmar (Burma), Nicaragua, Niger, North Korea, occupied regions of Ukraine (Crimea, Donetsk, and Luhansk Region), Russia, Somalia, South Sudan, Sudan, Syria, Tunisia, Venezuela, Yemen, and Zimbabwe. This list is subject to change.
5. User Accounts
To use certain features of our Service, you may be required to create an account. You agree to provide accurate, complete, and up-to-date information. You are responsible for safeguarding your account and password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized access or use of your account.
We reserve the right to decline any order you place with us. At our sole discretion, we may limit or cancel the quantity of items purchased per individual, household, or order.
These limitations may apply to orders placed using the same customer account, credit card, or orders sharing the same billing and/or shipping address.
If we modify or cancel an order, we will make an effort to notify you via the email, billing address, or phone number provided at the time of purchase.
We also reserve the right to limit or reject orders that, in our opinion, seem to be placed by dealers, resellers, or distributors.
You agree to provide accurate, complete, and up-to-date purchase and account information for all transactions made through the Website. You further agree to promptly update your account details, including your email address and credit card information, to ensure the timely processing of your transactions and to enable us to contact you when necessary.
6. Purchases and Payments
Some features of the Service may require purchasing ("Purchase"). Upon registering, you are provided with an account that can be funded via credit or debit card. Payments are processed by a third-party provider certified to comply with PCI standards. We do not have access to or store any payment details. The cost of the requested service will be deducted from the account as a one-time payment. All prices for the Service include any applicable taxes.
If you choose to purchase a product or service through the Website, you may be required to provide certain information, such as your credit card number, expiration date, billing address, and shipping details.
By making a Purchase, you represent and warrant that: (i) you are legally authorized to use the credit card or payment method provided; and (ii) the information you provide is accurate, complete, and up-to-date.
We may use third-party services to facilitate payments and process your Purchases. By submitting your payment details, you authorize us to share this information with third parties, as outlined in our Privacy Policy.
We reserve the right to refuse or cancel any order at our discretion, including but not limited to reasons such as product or service availability, errors in pricing or descriptions, issues with your order, or other circumstances.
We also reserve the right to cancel your order if we suspect fraud, unauthorized transactions, or illegal activity.
7. Content Ordering and Delivery
You retain ownership of any images you create using the Service (“Content”), subject to the rights granted to us as outlined below. You are solely responsible for the content you generate, including ensuring that it does not infringe on any third-party rights, violate laws, or contain offensive, illegal, or inappropriate material.
By using the Service, you grant NexaMind Limited a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content for the purpose of operating and improving the Service.
The delivery time of images shall be instant upon deposit of funds by a user, however, might take from the moment of payment confirmation up to 3 business days and depends on the operation of a respective banking service that you choose to deposit funds to make a purchase through the Website. Orders are delivered as virtual goods to your account.
8. Refund Policy
As our Service involves digital products generated through Artificial Intelligence, we do not accept returns for the images generated. Once the image has been created and delivered to you, it is considered a completed transaction.
Refunds may be granted under the following conditions:
1) Unauthorized purchases made without your consent.
2) Technical issues or errors on our website that prevent you from receiving your order.
3) The purchased product or service does not match the specified characteristics.
4) The order is not delivered within the promised timeframe, and you choose not to wait.
5) We are unable to fulfill the delivery of the purchased order.
We reserve the right to deny refund requests that do not meet the criteria outlined in this policy.
Refunds, if eligible, are processed promptly upon request submission within 14 days of the transaction date. Refund requests undergo thorough review by our support team, and additional evidence may be requested. For further assistance, you can contact our client support team at [email protected]
9. Intellectual Property
All intellectual property rights in the Service, including the AI models, algorithms, software, and website content, are owned by or licensed to NexaMind Limited. You are granted a limited, non-exclusive, non-transferable license to use the Service for personal or commercial purposes as permitted by these Terms.
You may not use, copy, modify, distribute, or sell any part of the Service without our prior written consent.
The Content you create using the Service are based on inputs provided by you, and you retain ownership rights over the final Content generated. However, your ownership is subject to the following conditions:
1) You retain ownership of the generated content as long as your use of the Service complies with these Terms. Violation of these Terms may result in the revocation of rights to the generated content.
2) You are solely responsible for ensuring that the content generated does not violate any third-party intellectual property rights (such as copyrighted material), or other applicable laws or regulations.
10. Disclaimer and Limitation of Liability
The Service is provided on an "as-is" and "as-available" basis. You understand and agree that your use of the Service is at your own risk. NexaMind Limited makes no representations or warranties of any kind, whether express or implied, regarding the Service, including but not limited to:
1) The accuracy, completeness, reliability, timeliness, or availability of the Service or any content generated using the Service;
2) The compatibility of the Service with your devices or software;
3) The security of the Service or the prevention of unauthorized access or use of our servers, and any information stored on them;
4) The absence of errors, viruses, malware, or other harmful components in the Service.
To the fullest extent permitted by applicable law, we expressly disclaim any and all warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of a course of dealing or usage of trade.
We do not guarantee that the Service will be available at all times, without interruption, or that it will be free from delays or outages. We may experience hardware, software, or other technical difficulties, or we may need to perform maintenance related to the Service, resulting in interruptions, delays, or errors. You agree that NexaMind Limited is not responsible or liable for any delays, interruptions, or downtime that may affect your access to or use of the Service.
In no event shall the total liability of NexaMind Limited, for all claims, damages, and causes of action, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you, if any, for accessing or using the Service in the twelve (12) months preceding the event giving rise to liability, or one hundred (100) EUR, whichever is greater.
11. Termination
You may terminate your account at any time by contacting our support team at [email protected] and requesting the closure of your account. Upon termination, you will lose access to any features of the Service that require an active account.
If you terminate the account:
1) Any fees you have paid for the Service (if applicable) are non-refundable, except as required by law.
2) You will lose access to any images or Content stored on the Service, and NexaMind Limited is under no obligation to provide you with a backup of any data generated during your use of the Service.
12. Dispute Resolution and Complaints
Before initiating any formal dispute resolution process, you can first attempt to resolve any issues or disputes with us informally. You can do this by contacting us at [email protected] with a detailed description of your issue or complaint. We will make reasonable efforts to address and resolve your concerns within 14 days.
13. Governing Law
These Terms are governed by and construed in accordance with the laws of Ireland, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Ireland to resolve any legal matter arising from these Terms or your use of the Service.
14. Contact Us
If you have any questions about these Terms or the Service, please contact us at:
NexaMind Limited
Address: 77 Lower Camden Street, Dublin, Ireland, D02 XE80
Phone: +371 25200115