Terms of Service
These Terms govern your use of Krafical — this website, the web app, the API, and the Krafical apps for iPhone, iPad and Android — which Premsan Inc (“Premsan”, “we”, “us”) operates. By creating an account or using Krafical you agree to them. If you are a consumer, nothing here takes away a protection the law of the place you live gives you and does not let you waive.
1. The service
Krafical designs graphics with you, in a conversation: YouTube thumbnails and channel banners, posts and stories for social networks, logos, or a canvas of any size you name. You describe what you want, add your own images, point at the part of a design you want changed, and download the result as PNG, JPEG or PDF, or as SVG for a logo. The assistant can generate images and take the background out of a photo. It renders every design and checks it before it reports the design done: that the text is inside the canvas and clear of the areas the platform shows on top of it, large enough to read at the size the design is shown, in enough contrast with what is behind it, and in a font the renderer has. Its features may change over time.
2. Your account
One person, one account. Keep your password to yourself; you are responsible for what happens under your account, and you should tell us promptly if you think someone else has got into it. If you sign in with Apple or Google, that provider’s terms govern the sign-in itself.
3. Age
You must be at least 16 to use Krafical, or older if the law where you live sets a higher age for agreeing to terms like these on your own.
4. What you bring, and what it makes
Your messages, your images and your designs are yours. You give us a licence to store them, process them, send them to the models that work for you, render them and return them to you, and for nothing else. We do not use them to train models, and we never publish them.
A design is made from what you say and the images you add. You are responsible for having the right to every image you upload — a photo, a logo, an SVG file — and to the people, marks and works shown in it, for reading a design before you use it, and for where and how you publish it. An image the assistant generates must not depict a real, identifiable person; to show a person, upload a photo of them that you have the right to use. Passing Krafical’s checks is not a promise that a platform will accept a design or show it as you intended.
5. The subscription
Krafical is sold as a subscription: one plan, by the month, at the price shown before you pay — at the checkout on the web, or by the App Store or Google Play in the app. You can start free, and nothing is charged while you do; the free use is limited to a number of messages, and once it ends, designing with the assistant requires a subscription. Everything else remains available without one: you can open and download your designs, restore any version, and see and delete your images.
A subscription bought on the web renews each month until you cancel, which you can do at any time on the web under Plan in Settings; you can keep designing until the end of the period you paid for, and nothing is charged after that. A subscription bought in the app is taken by the App Store or Google Play, renews under the store’s rules, and is cancelled in the store’s own subscription settings.
If you bought on the web and change your mind within 14 days of your first payment, write to us and we will refund it, unless you have designed with Krafical in that time, in which case the month has been used. A subscription bought in the app was taken by the App Store or Google Play, and a refund of it follows the store’s own policy and process. We may change the price; we will tell you before a change reaches you, and a change never applies to a month you have already paid for.
Stripe is the seller of record for a subscription bought on the web: Stripe takes the payment, and collects and pays over whatever sales tax, VAT or consumption tax your country charges on it — except in Japan, where the sale is Premsan’s own and Stripe neither collects nor files the consumption tax. The service, your work and everything else in these terms stay between you and Premsan. The price you are shown includes that tax, so the amount on the checkout page is the amount you pay, in your own currency, converted by Stripe; it may therefore differ from the rounded price shown elsewhere on our site. In the app, the App Store or Google Play is the seller of record in the same way, and the price it shows includes tax too.
6. The apps
We license you the Krafical app for iPhone, iPad and Android — we do not sell it to you — for your own use, on devices you own or control, under the rules of the store you got it from. The store’s own terms apply to the download and to purchases made inside the app. We may issue updates to the app and your device may install them automatically; these Terms apply to every version.
If you got the app from Apple’s App Store, the following also applies:
- Acknowledgement. These Terms are between you and Premsan only, not Apple Inc. (“Apple”). Premsan, not Apple, is solely responsible for the app and its content.
- Scope of licence. The licence is limited and non-transferable, to use the app on Apple-branded products you own or control, as the Usage Rules in the Apple Media Services Terms and Conditions permit, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
- Maintenance and support. Premsan is solely responsible for any maintenance and support of the app. Apple has no obligation to provide any.
- Warranty. If the app fails to conform to a warranty that applies to it, you may notify Apple, and Apple will refund you the price you paid for the app, if any. To the extent the law allows, Apple has no other warranty obligation for the app; anything else arising from a failure to conform is Premsan’s responsibility.
- Product claims. Premsan, not Apple, is responsible for any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, a claim that the app fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar law.
- Intellectual property. If a third party claims that the app or your possession and use of it infringes their intellectual property, Premsan, not Apple, is solely responsible for investigating, defending, settling and discharging the claim.
- Legal compliance. You represent that you are not in a country under a United States embargo or designated by the United States as supporting terrorism, and that you are not on a United States list of prohibited or restricted parties.
- Developer name and address. Premsan Inc, at the address in section 13, is the developer; questions, complaints and claims about the app go to the email address there.
- Third-party terms. You must comply with any third-party terms that apply to your use of the app.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and on your acceptance of them Apple has the right, and is taken to have accepted the right, to enforce them against you as a third-party beneficiary.
If you got the app from Google Play, the following also applies:
- Acknowledgement. These Terms are between you and Premsan, not Google LLC (“Google”). Your use of the app must also comply with the Google Play Terms of Service in force at the time.
- Privacy. Your use of the app is subject to our Privacy Policy. Premsan, not Google, is responsible for complying with the privacy law that applies to it and with the Google Play Developer Policies.
- Purchases. A subscription bought in the app is bought through Google Play and billed to your Google account, at the price Google Play shows before you confirm, and renews and is cancelled under Google Play’s rules. A refund follows section 5.
- Liability. Google has no obligation or liability to you with respect to the app or these Terms.
7. Acceptable use
You may not use Krafical to break the law; to generate a picture of a real, identifiable person; to put into a design an image, a mark or another person’s work you have no right to use; to deceive, defraud, harass or impersonate anyone; to send unsolicited messages; or to do anything that harms other people who use it. You may not scrape it, access it by automated means, or try to get around the bot check, the checks on a design or the limits on a subscription. If you find a security weakness, report it to the address in the Privacy Policy instead of using it. We may slow, suspend or close an account that does any of this.
8. Closing your account
You can delete your account at any time: on the web under Account in Settings, or in the app under Account. Everything we hold for you is erased, except the records listed, with the reasons, in section 8 of the Privacy Policy. Deleting your account does not cancel a subscription bought in the app; cancel it in the store first. We may suspend or close your account if you break these Terms or if the law requires it. If we ever shut Krafical down, we will tell you in advance, give you time to download your designs, and refund what you paid on the web for the part of a month you had not used.
9. Warranties and liability
Krafical is provided as it is and as it is available, without a warranty of any kind, express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. We do not promise that it will be uninterrupted or free of error, or that a design or an image it makes is correct, original or right for the platform you want.
To the extent the law allows, neither of us is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, on any theory of liability, even if told of the possibility; and our total liability for everything arising out of Krafical is limited to the greater of the amount you paid us in the twelve months before the event and one hundred United States dollars (US$100). Nothing in these Terms excludes or limits a liability that the law does not let us exclude or limit, including liability for fraud, for wilful misconduct or for gross negligence, and nothing limits the rights you have as a consumer.
10. Your responsibility to us
If a third party makes a claim against us because of a design you made or published, an image you put into Krafical without the right to, or a breach of these Terms or of the law, you will cover the reasonable costs, including legal fees, that the claim causes us.
11. Changes
We may change these Terms. When a change matters we will say so in the web app or the phone app, or by email, before it takes effect; continuing to use Krafical after that is agreeing to it. The date at the top is the version that stands, and we record which version you accepted when you created your account.
12. Governing law
These Terms are governed by the law of Japan, without regard to its conflict-of-law rules, and any dispute under them is brought before the courts of Osaka, Japan. If you are a consumer, you keep the protection of the mandatory law of the country you live in, and you may also bring a claim in its courts.
13. Contact
Premsan Inc — 530-0001, 12-12, Osaka Ekimae Dai-2 Bldg., 1-2-2 Umeda, Kita-ku, Osaka-shi, Osaka, Japan. [email protected] for questions, complaints and claims about Krafical.