Terms Of Use
Effective date: 19/02/2024
Who we are? – WICKLE LTD, a company incorporated under the laws of Cyprus, with the registered office A.G. Leventi, 5, THE LEVENTIS GALLERY TOWER, 13th floor, Flat/Office 1301, 1097, Nicosia, Cyprus, registration number HE 456129 (“Company”, “we”, “us” or “our”).
Your entry to and utilization of this website https://octopusscribble.com/, along with the information services available on it, are subject to the terms of use provided below (referred to as the “Terms”). Hence, we urge you to peruse this information thoroughly. The Terms establish a legally binding contract between the Company and yourself (“user,” “Client,” “your”). By utilizing this website, encompassing the services it offers (collectively referred to as “Services”), you express your consent to adhere to and be obligated by these Terms.
Please note that the Company reserves the right to cease offering any Services and information provided on this website, implement alterations or updates, or modify these Terms at any time without prior notification. Your ongoing utilization of the Services after such modifications signifies your acknowledgment and acceptance of the revised Terms. If you do not agree with any of the terms outlined here, it is recommended that you abstain from using the Services, along with any related materials or resources supporting its functionality.
1.Our services
The Company utilizes neural networks to generate visual and textual content, offering customers a centralized platform for accessing outcomes and facilitating payments through convenient methods. To use the Services, the user must be a legally competent individual who has reached the age of 18 or the age of majority in their jurisdiction (whichever is greater). By accessing the Services, users declare and assure that they have the requisite legal capacity and have achieved the age of 18 or the age of majority.
2.Your account
To avail themselves of our Services, users are required to register an account with us (“Account”). By creating an Account, the user acknowledges and consents to the following registration guidelines: (1) we retain the right to reject registration without specifying a reason; (2) the user must provide accurate information during registration, and third-party data should not be used without proper authorization; (3) the user’s contact details, such as email address or telephone number, must be unique, meaning no other user has previously registered with the same information; (4) the user is responsible for maintaining accurate and current registered information throughout the registration process and while utilizing the Services. The user assumes all risks associated with providing incorrect or irrelevant data; (5) we reserve the right to verify any data provided by the user during registration and while using the Services, including the user’s identity; (6) the user bears sole responsibility for safeguarding their account access details, including creating appropriate backups. Account credentials must be kept secure, and we do not have access to the user’s account details. We are not liable for any third-party access to the user’s account.
3.Content
You have the option to input content that you own into the Services and receive generated output based on that input (“Content”). It is your responsibility to ensure that the Content you provide does not violate any applicable laws or these Terms. We transfer to you all our rights, titles, and interests in and to the generated output. This implies that you have the freedom to use the Content for any purpose, including commercial endeavors such as sale or publication, as long as you adhere to these Terms. Additionally, we reserve the right to utilize the Content for the provision and maintenance of the Services, compliance with applicable laws, and enforcement of our policies. Please note that the output generated by the Services may not be exclusive to individual users.
Please note that it is prohibited:
Terms Violation: Any breach of these Terms, including engaging in prohibited conduct or Content, may lead to the termination or suspension of the user’s access to the Services.
Privacy Violation: The Services must not be used to generate or distribute Content that intrudes on the privacy of individuals or breaches any applicable data protection laws. This includes sharing personal information without consent or engaging in activities that compromise the security of sensitive data.
Circumvention of Security Measures: Users should not attempt to bypass or undermine the security measures implemented by the Company. Any unauthorized access, tampering, or disruption of the Company’s systems or networks is strictly prohibited.
Unlawful Activities: Users are not allowed to participate in any illegal activities while using the Services. This encompasses, but is not limited to, the creation, distribution, or promotion of illicit Content, such as child exploitation, hate speech, terrorism, or any activity that violates applicable laws and regulations.
Harmful or Offensive Content: Users must refrain from generating or disseminating Content that is detrimental, offensive, defamatory, abusive, discriminatory, or infringes upon the rights of others. This includes Content that advocates violence, harassment, or discrimination based on race, gender, religion, sexual orientation, or any other protected characteristic.
Intellectual Property Infringement: Users are required to respect intellectual property rights and avoid creating or distributing content that infringes upon copyrights, trademarks, patents, trade secrets, or any other proprietary rights of third parties.
Misinformation and Fake News: Users are advised against intentionally creating or disseminating false information or fake news through the Services. Deliberately misleading or deceptive content that could harm individuals, organizations, or society at large is strictly prohibited.
Malicious Use: Users are prohibited from compromising the electronic integrity of the Services, including actions such as duplicating, decompiling, reverse engineering, disassembling, decoding, attempting to overcome protection measures, or distributing malicious software that can harm us or other users. The use of any robot, spider, crawler, or other automatic devices, processes, software, or queries that intercept, “mine,” scrape, or otherwise access the Services to monitor, extract, copy, or collect information or data from or through the Services is strictly forbidden. Engaging in any manual process to achieve the same is also prohibited.
Please note that it is forbidden to make a false claim that the output from the Services is human-generated when it is not.
4.Fees
We offer the option to settle payments conveniently and securely for our services using payment cards. We support the widely recognized and popular card systems Visa and MasterCard. Detailed pricing information can be found on our official website, which serves as a comprehensive resource for all relevant Fees.
We retain the right to change the Fees at any time and will inform you of any changes by posting an updated version on our website. By choosing to continue using our Service following the publication of an updated Fees or after being notified by other means, you indicate your consent to the revised Fees.
Please note that all Fees are exclusive of taxes, and you are responsible for paying all taxes (any sales, use, or other similar taxes (other than taxes on our income), as well as any export and import fees, customs duties, or similar charges applicable to the transactions contemplated by these Terms that are imposed by a government or other authority).
5.Refunds
Despite any provisions of these Terms and in compliance with mandatory legislation, you acknowledge that we are not obligated to issue a refund for the purchased content under any circumstances. You also acknowledge that you will not be entitled to receive money or any other compensation for the unused purchased content, regardless of whether your loss was voluntary or involuntary. Please note that we don’t make refunds because users can generate content, and watch, and if all is right for the user, can go to the cashier and pay via card.
6.Warranties and limitations of liability
We provide users with access to the Services under the conditions of “as is” and “as available.” We cannot guarantee uninterrupted or timely access to the Services, nor can we guarantee that they will be free from errors/bugs. We also cannot guarantee that the Services will function properly on all devices or under all circumstances. However, we will exert reasonable efforts to ensure their proper functioning.
The Services may feature links to third-party websites and resources. We do not assume responsibility for the content on these third-party websites and resources, nor do we exert control over them. Users are responsible for the risks and consequences associated with utilizing such third-party websites and resources.
We, along with any of our affiliates (including employees, contractors, shareholders, agents, representatives, referrals, partners, advertising and promotional agencies, and other service providers, as well as any other representatives and legal advisers), disclaim any liability for losses that may be incurred by the Services, encompassing but not limited to losses of profits, anticipated savings, business opportunities, use, goodwill, reputational damage, data, or any special, indirect, or consequential loss.
The user agrees to indemnify, defend, and hold us and our affiliates harmless from any claims, lawsuits, or statements, including the payment of legal fees, arising from the user’s use of the Services, the user’s violation or non-compliance with the Terms, infringement of third-party rights, or any other actions or inactions by the user.
We, along with any of our affiliates (including employees, contractors, shareholders, agents, representatives, partners, advertising and promotional agencies, and other service providers, as well as any other representatives and legal advisers), are not liable for any unethical, unauthorized, illegal, or unlawful use of the Services. This encompasses lawsuits, unfair advertising, loss of reputation or financial compensation, resignation, termination of cooperation, and any other disciplinary and legal consequences. The user assumes full responsibility for any disciplinary and legal consequences resulting from the illegal, unethical, and/or infringing use of the Services.
7.Term and Termination
The Terms remain in effect until either the user or we decide to terminate our cooperation. However, we retain the right, at our sole discretion and without prior notice, to terminate the Terms, suspend or terminate the user’s access to the Services, specific sections, or information materials, or suspend/terminate the user’s account (block or freeze). The Terms may also be terminated by us if the user violates any of the terms outlined in the agreement or its integral parts.
The user may terminate the cooperation between us by providing a ten (10) calendar day notice via email to [email protected], or by deleting the user’s account if such functionality is supported by us.
Upon termination of the Terms, the user’s access to the Services will be restricted, and their account will be deactivated. If the user continues to use the website as a user or initiates a re-registration after termination, it will be considered as their intention to be bound by the terms of the Terms again, thus establishing a new contractual relationship.
8.Sanctions policy
By using our Services, you acknowledge and agree to comply with all applicable sanction laws, and regulations, including but not limited to those enforced by the OFAC, United Nations Security Council or autonomously, sanctions imposed by Canada. You are prohibited from using our Services for any activities that violate sanctions laws. Our Services prohibit engagement with individuals, entities, or countries that are subject to sanctions. This includes but is not limited to individuals listed on OFAC’s Specially Designated Nationals (SDN) List, the Consolidated list of persons, groups, and entities subject to EU financial sanctions, or the Australian Consolidated List of designated persons and other. If we have reasonable grounds to believe that a user has engaged in sanction-related violations, we reserve the right to report such activities to the appropriate authorities following applicable laws and terminate Services without prior notification.
9.General
These Terms represent the complete agreement between the user and us, with the Privacy Policy forming an integral part of these Terms, when referring to the Terms, it encompasses all its integral parts. The fact that we do not exercise or enforce any right or provision outlined in these Terms does not constitute a waiver of that right or provision.
You are not allowed to assign or transfer your rights under these Terms, whether by operation of law or otherwise, without obtaining our prior written consent. Any attempt by you to assign or transfer your rights under these Terms without obtaining such consent will be deemed null and void. We, however, reserve the right to freely assign or transfer our rights and obligations under these Terms without any restrictions.
These Terms and Services are governed by, construed, and enforced following the law of Cyprus
No partnership, recruitment, or joint venture relationship is established between the user and us. Neither the user nor we act as agents for each other. As such, neither the user nor we have the authority to enter contracts or conduct transactions on behalf of the other party or represent each other.
All communication between the user and us will be conducted in English. Messages, requests, inquiries, statements, and permissions may be transmitted through any available means.
The terms “including” and “in particular” should be understood as providing examples or emphasis and should not be interpreted as limiting the scope of preceding statements. They are meant to illustrate without restricting the general application of the preceding words.
In case any provision of these Terms becomes invalid or ineffective or if for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, the other provisions of these Terms are not affected and are still valid and effective. Such provisions of these Terms shall be enforced to the maximum extent permissible to the intent of you and we and the remainder of these Terms shall remain in full force and effect.
We retain the right to modify these Terms at any time and will inform you of any changes by posting an updated version on our website. By choosing to continue using our Service following the publication of an updated Terms or after being notified by other means, you indicate your consent to the revised Terms.
10.Feedback
The Company highly values and welcomes feedback, comments, and suggestions aimed at enhancing the Services. The user acknowledges and consents that offering feedback does not confer any specific rights, ownership, or interests in the Services. Any feedback provided becomes the exclusive property of our company, granting us the right to utilize and disclose the feedback in any manner and for any purpose without requiring additional notice or compensation to the user. The user relinquishes all rights, including but not limited to copyright, trade secret, know-how, moral rights, and other intellectual property rights, to the fullest extent permitted by applicable law, through their assignment to us.
11.Complaints and Disputes
In anticipation of any potential legal claims by either party, it is mutually agreed that efforts shall be made to resolve the dispute by direct negotiation between us. You are required to notify us of your concerns by submitting them via email at [email protected] or through our mailing address. In response, we will communicate with you through the email address linked to your account. Should we fail to resolve the dispute amicably within 60 days, either party shall retain the right to commence arbitration proceedings. Additionally, both parties consent to participate in an individual settlement conference should such be requested by either party during the aforementioned period. Please be advised that any applicable statutes of limitations will be suspended for the duration of this informal resolution process.
Failing direct negotiation, you and we irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Cyprus.
12.Contact us
If you have any questions regarding these Terms or Services, please feel free to reach out to us via email at [email protected] or through our mailing address:
WICKLE LTD
A.G. Leventi, 5, THE LEVENTIS GALLERY TOWER,
13th floor, Flat/Office 1301, 1097, Nicosia, Cyprus