1. Introduction
Welcome to Grafica AI (the "Service"), operated by Grafica ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our diagramming and collaboration platform, including any associated websites, applications, APIs, and services.
By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms, and "you" refers to that organization.
2. Eligibility
To use the Service, you must be at least 16 years old (or the minimum age of digital consent in your jurisdiction) and capable of forming a binding contract. By using the Service, you represent and warrant that you meet these requirements.
The Service is not intended for users below this age, and we do not knowingly collect personal information from children.
3. Accounts and Tenants
3.1 Account Registration
You must create an account to access most features of the Service. You agree to provide accurate, current, and complete information during registration and to keep this information up to date.
3.2 Account Security
You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You must notify us immediately of any unauthorized access or suspected security breach.
3.3 Workspaces and Team Accounts
The Service supports both individual accounts and team or organization workspaces ("Tenants"). When you join a Tenant, the Tenant administrator may have access to your activity, content created within the Tenant, and the ability to manage your access. Content created within a Tenant is considered the property of that Tenant unless otherwise agreed.
3.4 Roles and Permissions
Tenants may include administrators, members, and other roles. Administrators are responsible for managing user access, billing, and configuration of the Tenant. Last-administrator safeguards apply: an administrator cannot remove themselves from a Tenant in a way that would leave the Tenant without an administrator. Ownership transfer is required first.
3.5 Account Suspension and Termination
We may suspend or terminate your account if you violate these Terms, fail to pay fees, or engage in conduct that is harmful to the Service or other users. We will provide reasonable notice where appropriate.
4. Subscriptions, Billing, and Fees
4.1 Plans and Pricing
The Service is offered under various subscription plans, including free trial, individual, and team or business tiers. Pricing and feature availability for each plan are described at https://grafica-ai.com and may be updated from time to time.
4.2 Billing Cycle
Paid subscriptions are billed in advance on a recurring basis (monthly or annual, depending on the plan you select). By providing payment information, you authorize us to charge the applicable fees, taxes, and any usage-based charges to your payment method on each renewal date.
4.3 Automatic Renewal
Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings, and cancellation will take effect at the end of the current billing period.
4.4 Usage-Based Charges and Overages
Certain plans may include usage-based components or overage charges for consumption beyond included allowances. If you enable overage charges, you authorize us to bill you for usage in excess of plan limits at the rates published in your plan.
Changes to overage settings take effect according to the rules described in your plan and account settings. Enabling overage takes effect immediately. Disabling overage may take effect at the end of the current billing period to ensure billing consistency. We reserve the right to apply spending caps or other safeguards at our discretion.
4.5 Taxes
All fees are exclusive of applicable taxes, including sales tax, VAT, GST, or similar transaction-based taxes. You are responsible for paying all such taxes associated with your use of the Service.
4.6 Refunds
Except where required by law, fees are non-refundable. We do not provide refunds or credits for partial subscription periods, downgrades, or unused features.
4.7 Price Changes
We may change our pricing from time to time. If we change pricing for a recurring subscription, we will provide reasonable notice and the change will take effect at the start of your next billing period.
4.8 Late Payment
If a payment fails or becomes overdue, we may suspend access to paid features until payment is received. Repeated payment failures may result in termination of your account.
5. Your Content
5.1 Ownership
You retain all rights to the diagrams, documentation, files, and other materials you create, upload, or share using the Service ("User Content"). We do not claim ownership of your User Content.
5.2 License to Us
You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and process your User Content solely as necessary to provide, maintain, and improve the Service, and to perform any actions you initiate (such as sharing, exporting, or collaborating).
5.3 Responsibility for Content
You are solely responsible for your User Content and for ensuring that you have all necessary rights to upload, share, and use it within the Service. You represent and warrant that your User Content does not infringe the rights of any third party or violate any law.
5.4 Backup and Loss
While we maintain reasonable backup and redundancy practices, you are responsible for maintaining your own backups of important User Content. We are not liable for any loss, corruption, or unavailability of User Content.
6. Acceptable Use
You agree not to use the Service to:
- Violate any applicable law, regulation, or third-party right;
- Upload, share, or generate content that is unlawful, defamatory, harassing, hateful, or infringing;
- Distribute malware, viruses, or any other malicious code;
- Attempt to gain unauthorized access to the Service, other users' accounts, or our infrastructure;
- Interfere with, disrupt, or place an unreasonable load on the Service;
- Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent permitted by law;
- Resell, sublicense, or otherwise commercially exploit the Service without our prior written consent;
- Use the Service to build a competing product or to benchmark performance for publication without our prior written consent;
- Scrape, crawl, or use automated means to extract data from the Service in a manner that violates these Terms or our published rate limits;
- Use the Service in any manner that could disable, overburden, damage, or impair it.
7. AI-Powered Features
The Service may include features that use artificial intelligence and machine learning to generate, modify, suggest, or analyze diagrams and related content ("AI Features"). These features may include diagram generation, iterative refinement, visual diff previews, and similar capabilities.
7.1 No Guarantee of Accuracy
Output from AI Features is generated programmatically and may contain errors, omissions, or inaccuracies. You are responsible for reviewing and validating any AI-generated content before relying on it. AI output should not be treated as professional advice.
7.2 Inputs and Outputs
Content you submit to AI Features ("Inputs") and content generated by AI Features in response ("Outputs") are treated as your User Content under these Terms, subject to the same license described in Section 5.2.
7.3 Use of Third-Party AI Providers
AI Features may be powered in whole or in part by third-party providers. By using AI Features, you acknowledge that your Inputs may be processed by such providers in accordance with their policies and our agreements with them. We will not provide your Inputs to third-party providers for the purpose of training their general-purpose models without your consent, except as required by applicable law or as described in our Privacy Policy.
7.4 Restrictions
You may not use AI Features to generate content that violates Section 6 (Acceptable Use), to develop competing AI models, or in any manner that violates the policies of underlying AI providers.
8. Our Intellectual Property
The Service, including all software, designs, text, graphics, logos, and underlying technology, is owned by us or our licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms.
No rights are granted to you other than those expressly set forth in these Terms. All rights not expressly granted are reserved.
9. Privacy and Data Protection
Our handling of personal information is described in our Privacy Policy, available at https://grafica-ai.com/privacy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
Where applicable, we comply with data protection laws including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and similar regulations. Tenant administrators may act as data controllers for content within their Tenant, and we act as a data processor in such cases. A Data Processing Addendum is available on request.
10. Account and Tenant Deletion
10.1 User-Initiated Deletion
You may request deletion of your individual account at any time through your account settings. Upon deletion, your account will be marked as deleted and your personal information will be anonymized after a reasonable grace period, after which the underlying records will be permanently removed in accordance with our data retention practices.
10.2 Tenant Deletion
Deletion of a Tenant is a separate, explicit action that may only be initiated by an authorized administrator. Tenant deletion will not occur as an automatic consequence of any individual user action. Following Tenant deletion, Tenant data is retained briefly to allow recovery in case of error and is then permanently removed.
10.3 Data Retention After Deletion
Some information may be retained for legitimate business reasons such as legal compliance, dispute resolution, fraud prevention, or backup integrity, in accordance with our retention schedule and applicable law.
10.4 Effect of Termination
Upon termination, your right to access the Service will cease, and outstanding fees will become immediately due. Sections of these Terms that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.
11. Third-Party Services
The Service may integrate with or link to third-party services and content. We are not responsible for the availability, accuracy, or content of third-party services. Your use of any third-party service is governed by the terms and policies of that service.
12. Beta and Preview Features
From time to time, we may make features available on a beta, preview, or experimental basis ("Beta Features"). Beta Features are provided "as is," may be unstable or unavailable, and may be modified or discontinued at any time without notice. Use of Beta Features is at your sole risk.
13. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Service will be uninterrupted, secure, or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.
Some jurisdictions do not allow the exclusion of certain warranties; in such cases, the above exclusions may not apply to you, and you may have additional rights under applicable law.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
These limitations apply notwithstanding the failure of essential purpose of any limited remedy. Some jurisdictions do not allow certain limitations; in those jurisdictions our liability will be limited to the greatest extent permitted by law.
15. Indemnification
You agree to indemnify, defend, and hold harmless us and our affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party right.
16. Modifications to the Service or Terms
We may modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We may also update these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or through the Service) before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.
17. Governing Law and Dispute Resolution
These Terms are governed by the laws of Australia without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or the Service will be subject to the exclusive jurisdiction of the courts located in Australia, except where prohibited by applicable consumer protection law.
Where required by law, you may have the right to bring claims in your local jurisdiction or to use alternative dispute resolution mechanisms.
18. General Provisions
18.1 Entire Agreement
These Terms, together with our Privacy Policy and any additional terms applicable to specific features, constitute the entire agreement between you and us regarding the Service.
18.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
18.3 No Waiver
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.
18.4 Assignment
You may not assign or transfer these Terms or any rights under them without our prior written consent. We may assign these Terms freely in connection with a merger, acquisition, or sale of assets.
18.5 Force Majeure
We will not be liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, acts of war, civil unrest, labor disputes, internet or infrastructure outages, or governmental actions.
18.6 Notices
We may provide notices to you by email, through the Service, or by posting on our website. You may contact us regarding these Terms at admin@grafica-ai.com.
19. Contact Us
If you have any questions about these Terms, please contact us at admin@grafica-ai.com.