Terms And Conditions
1. Introduction
Welcome to Ezycreate (referred to as the "Service"), a Software-as-a-Service (SaaS) platform provided by EZYFAB LLC ("we," "our," or "us"). Ezycreate offers online designer subscription tools and online stores for personalized products to B2B clients, including web store management, product configurators, customer relationship management (CRM), and related services ("Services").
By accessing or using the Ezycreate Website www.ezycreate.com (the "Website") and our Services, whether or not you have registered as a member ("Member"), you agree to be bound by these Terms and Conditions ("Agreement"). If you do not agree to these Terms, you must not use our Services or access our Website.
This Agreement sets out the legally binding terms and conditions for your use of the Service and your membership and may be modified from time to time without notice to you. Any modifications shall be effective upon posting on the Ezycreate Website.
By accessing or using the Ezycreate Website www.ezycreate.com (the "Website") and our Services, whether or not you have registered as a member ("Member"), you agree to be bound by these Terms and Conditions ("Agreement"). If you do not agree to these Terms, you must not use our Services or access our Website.
This Agreement sets out the legally binding terms and conditions for your use of the Service and your membership and may be modified from time to time without notice to you. Any modifications shall be effective upon posting on the Ezycreate Website.
2. Definitions
"Company" means Ezycreate, referred to in short form as the "Company" throughout this document.
"Content" collectively refers to any photographs, images, templates, designs, messages, or other materials that users upload, print, publish, or transmit through the Service.
"Member" refers to any user who has registered an account on the Service.
"Services" encompass all offerings by Ezycreate, including online designer subscription tools, online stores for personalized products, web store management, product configurators, customer relationship management (CRM), and related features and functionalities.
"Subscription Specific Terms" refer to any additional terms and conditions applicable to a particular subscription plan or type, which will be communicated to you before your subscription.
"User Content" refers to images, templates, and other materials uploaded by users through our platform.
"Content" collectively refers to any photographs, images, templates, designs, messages, or other materials that users upload, print, publish, or transmit through the Service.
"Member" refers to any user who has registered an account on the Service.
"Services" encompass all offerings by Ezycreate, including online designer subscription tools, online stores for personalized products, web store management, product configurators, customer relationship management (CRM), and related features and functionalities.
"Subscription Specific Terms" refer to any additional terms and conditions applicable to a particular subscription plan or type, which will be communicated to you before your subscription.
"User Content" refers to images, templates, and other materials uploaded by users through our platform.
3. Eligibility
By using the Service, you represent and warrant that you are of legal age in your jurisdiction (at least 18 years old in most jurisdictions), have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement, and are not a person barred from receiving services under applicable jurisdiction. If you are merely surfing or browsing the Website and have not yet registered to become a Member, your use of the Website is still subject to these Terms.
4. Customer Account and Registration
In consideration of your use of the Service or account creation, you agree to (a) provide true, accurate, current, and complete information about yourself as required for registering as a Member or user and (b) maintain and promptly update the personal information to keep it true, accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You must notify us immediately of any unauthorized access to or use of your account.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Service (or any portion thereof).
You are responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You must notify us immediately of any unauthorized access to or use of your account.
If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Service (or any portion thereof).
5. Use of Services and Member Conduct
You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:
Upload, print, publish, or share Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Attempt to disrupt the platform or misuse its features, including but not limited to interfering with the security features of the Service, or attempting to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service.
Violate intellectual property or privacy rights of others, including but not limited to uploading copyrighted material without permission or disclosing personal information without consent.
Use the Service to transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Engage in any activity that could damage, disable, overburden, or impair the Service or our servers or networks.
We reserve the right to review, edit, and/or delete any Content that, in our sole judgment, violates this Agreement or is otherwise objectionable. Violation of these terms or any other rules we may implement may result in the restriction or termination of your access to our Services and the termination of your account.
Upload, print, publish, or share Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Attempt to disrupt the platform or misuse its features, including but not limited to interfering with the security features of the Service, or attempting to gain unauthorized access to any portion of the Service, other accounts, computer systems, or networks connected to the Service.
Violate intellectual property or privacy rights of others, including but not limited to uploading copyrighted material without permission or disclosing personal information without consent.
Use the Service to transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Engage in any activity that could damage, disable, overburden, or impair the Service or our servers or networks.
We reserve the right to review, edit, and/or delete any Content that, in our sole judgment, violates this Agreement or is otherwise objectionable. Violation of these terms or any other rules we may implement may result in the restriction or termination of your access to our Services and the termination of your account.
6. Subscriptions, Payments, Refunds, and Cancellations
In consideration of your use of the Service, you may be required to subscribe to our plans. Access to specific Services may be restricted to an additional subscription.
We may offer various subscription plans or types, and any subscription level may be offered under particular Subscription Specific Terms, which will be communicated to you before your subscription.
The term of a subscription can be monthly, annual, or perpetual, as set out in the Subscription Specific Terms. Subscription fees are payable in advance and will be billed monthly or annually (depending on the subscription term). Transactional Fees for any orders will be charged from time to time as per subscription services.
All transactions are processed by third-party payment providers such as Stripe. You agree to provide accurate and complete payment information and authorize us to charge the applicable fees to your chosen payment method.
You may cancel any subscription with the notice period specified in the Subscription Specific Terms (typically 30 days' notice before the end of the term, unless otherwise specified). Unless canceled before such time, the subscription is automatically renewed for another term.
You may upgrade your subscription to a higher subscription level at any time, with immediate effect. You may downgrade your subscription to a lower subscription level with effect from the next term.
If we learn that you are using the Services in a manner that corresponds to a higher subscription level than the one you are subscribed to, we may, at our sole discretion, with written notice, upgrade you to the higher subscription level and charge you the applicable fees or terminate your Subscription with immediate effect.
Refunds may be issued only where applicable and at our sole discretion. Please refer to our specific refund policy, if any, or contact our support team for inquiries regarding refunds.
We may offer various subscription plans or types, and any subscription level may be offered under particular Subscription Specific Terms, which will be communicated to you before your subscription.
The term of a subscription can be monthly, annual, or perpetual, as set out in the Subscription Specific Terms. Subscription fees are payable in advance and will be billed monthly or annually (depending on the subscription term). Transactional Fees for any orders will be charged from time to time as per subscription services.
All transactions are processed by third-party payment providers such as Stripe. You agree to provide accurate and complete payment information and authorize us to charge the applicable fees to your chosen payment method.
You may cancel any subscription with the notice period specified in the Subscription Specific Terms (typically 30 days' notice before the end of the term, unless otherwise specified). Unless canceled before such time, the subscription is automatically renewed for another term.
You may upgrade your subscription to a higher subscription level at any time, with immediate effect. You may downgrade your subscription to a lower subscription level with effect from the next term.
If we learn that you are using the Services in a manner that corresponds to a higher subscription level than the one you are subscribed to, we may, at our sole discretion, with written notice, upgrade you to the higher subscription level and charge you the applicable fees or terminate your Subscription with immediate effect.
Refunds may be issued only where applicable and at our sole discretion. Please refer to our specific refund policy, if any, or contact our support team for inquiries regarding refunds.
7. Taxes
You are responsible for paying any applicable taxes, such as but not limited to sales taxes, VAT, GST, and other duties associated with the Products/Services (if and as applicable), to your local taxing authority, unless we have informed you otherwise.
8. Customer-Generated Content
Users may upload images, templates, designs, and other materials ("User Content") through our platform to utilize the Services, including for personalized products.
You retain ownership of your User Content. By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, modify, adapt, publish, translate, distribute, and display your User Content as necessary to provide the Services and fulfill your orders. This license will continue even after you stop using our Services with respect to aggregated and anonymized data derived from your User Content and any residual digital copies made in the ordinary course of our business operations.
You represent and warrant that you have the legal right to use, upload, and distribute all User Content you provide and that your User Content does not violate any copyright, trademark, publicity, privacy rights, or other intellectual property or proprietary rights of any third party. You agree not to upload Content that is illegal, harmful, or infringing.
You agree to indemnify and hold us harmless against any third-party claims, actions, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or relating to the User Content you upload or your breach of this section.
You retain ownership of your User Content. By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free license to host, reproduce, modify, adapt, publish, translate, distribute, and display your User Content as necessary to provide the Services and fulfill your orders. This license will continue even after you stop using our Services with respect to aggregated and anonymized data derived from your User Content and any residual digital copies made in the ordinary course of our business operations.
You represent and warrant that you have the legal right to use, upload, and distribute all User Content you provide and that your User Content does not violate any copyright, trademark, publicity, privacy rights, or other intellectual property or proprietary rights of any third party. You agree not to upload Content that is illegal, harmful, or infringing.
You agree to indemnify and hold us harmless against any third-party claims, actions, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or relating to the User Content you upload or your breach of this section.
9. Intellectual Property
All content, templates, configurations, software, designs, and other materials available on EasyCreate (excluding User Content) are owned by us or our licensors and are protected by copyright, trademark, and other intellectual property laws.
Unauthorized reproduction, resale, modification, distribution, or creation of derivative works based on our intellectual property is strictly prohibited.
AI-generated content offered through the platform remains subject to our licensing terms and may not be resold or distributed separately unless explicitly permitted by us.
By posting Content to any public area of the Website, you automatically grant, and you hereby represent and warrant that you have the right to grant, to the Website an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works thereof, or incorporate into other works, such information, and content, and to grant and authorize sub-licenses of the foregoing.
Unauthorized reproduction, resale, modification, distribution, or creation of derivative works based on our intellectual property is strictly prohibited.
AI-generated content offered through the platform remains subject to our licensing terms and may not be resold or distributed separately unless explicitly permitted by us.
By posting Content to any public area of the Website, you automatically grant, and you hereby represent and warrant that you have the right to grant, to the Website an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works thereof, or incorporate into other works, such information, and content, and to grant and authorize sub-licenses of the foregoing.
10. Service Availability and Disclaimer
We strive to maintain continuous availability of our Services but do not guarantee uninterrupted access. The Services may be subject to downtime for maintenance, upgrades, system failures, or other reasons. We will make reasonable efforts to provide you with notice of planned maintenance.
We are not liable for any loss, damage, or disruption arising from service interruptions or unavailability.
While we strive to provide a reliable service, we do not warrant that the services will be error-free or uninterrupted. In the event of a significant disruption of the services for a specific period, we may, at our sole discretion, compensate you by not charging the subscription fees for the duration of that disruption.
The services are provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade, except as expressly provided herein regarding service disruptions.
We are not liable for any loss, damage, or disruption arising from service interruptions or unavailability.
While we strive to provide a reliable service, we do not warrant that the services will be error-free or uninterrupted. In the event of a significant disruption of the services for a specific period, we may, at our sole discretion, compensate you by not charging the subscription fees for the duration of that disruption.
The services are provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade, except as expressly provided herein regarding service disruptions.
11. Beta Features Disclaimer
From time to time, we may offer new features or tools within the Service that are still in their beta phase ("Beta Features"). These Beta Features are provided for testing and feedback purposes only and may not be fully functional, stable, or error-free. Your use of Beta Features is entirely at your own risk. We make no representations or warranties, express or implied, regarding the operation or performance of any Beta Features, and we are not liable for any damages, losses, or disruptions arising from your use of or reliance on Beta Features. We may, at our sole discretion, discontinue or modify any Beta Features at any time without notice. By using Beta Features, you agree to provide us with feedback as reasonably requested, and you acknowledge that we may use such feedback to improve the Service.
12. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall [Insert Company Name], its affiliates, officers, directors, employees, agents, suppliers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages (including, without limitation, damages for loss of profits, data, use, goodwill, or other intangible losses) arising out of or relating to your access to or use of, or inability to access or use, the services or any content therein, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been informed of the possibility of such damage.
Your aggregate liability to you for all claims arising out of or relating to the services shall not exceed the amount paid by you to us in the twelve (12) months immediately preceding the event giving rise to the liability.
Your aggregate liability to you for all claims arising out of or relating to the services shall not exceed the amount paid by you to us in the twelve (12) months immediately preceding the event giving rise to the liability.
13. Indemnity
You expressly agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, suppliers, and licensors from and against any and all third-party claims, allegations, demands, liabilities, losses, damages, awards, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
Your use or misuse of the Services or the Website.
Your violation of these Terms.
Any User Content you upload, post, or transmit through the Service.
Your infringement or alleged infringement of any intellectual property or other rights of any third party.
Any misrepresentation made by you.
Your violation of any applicable law or regulation.
Your use or misuse of the Services or the Website.
Your violation of these Terms.
Any User Content you upload, post, or transmit through the Service.
Your infringement or alleged infringement of any intellectual property or other rights of any third party.
Any misrepresentation made by you.
Your violation of any applicable law or regulation.
14. Third-Party Tools and Services
We may use third-party tools, services, and providers (e.g., payment processors like Stripe, analytics platforms like Google Analytics, cloud hosting providers, printers, and distributors) to facilitate the provision of our Services. Your use of the Services acknowledges and accepts our use of such third-party services. We are not responsible for the performance, terms of use, or privacy policies of these third-party providers.
15. Subcontracting and Assignment
We may subcontract any parts of our rights or obligations under these Terms, such as to printers and distributors, for the fulfillment of orders. We remain responsible to you for our subcontractors' performance.
We may assign our rights and obligations under these Terms, or any part thereof, to any affiliate or third party without your consent. You may not assign your rights or obligations under these Terms without our prior written consent.
We may assign our rights and obligations under these Terms, or any part thereof, to any affiliate or third party without your consent. You may not assign your rights or obligations under these Terms without our prior written consent.
16. Term and Termination
This Agreement will remain in full force and effect while you use the Service or have an account with us.
Either party may terminate these Terms and close your customer account(s) for any reason at any time with written notice to the other party. However, these Terms will not terminate before all valid subscriptions have expired.
We may terminate any subscription with a notice period similar to your notice period for cancellation of the subscription.
Upon termination, your right to access and use the Services will cease immediately. Any outstanding payment obligations will survive termination. Sections pertaining to intellectual property, user content warranties and indemnity, limitation of liability, governing law, shall survive the termination of this Agreement.
Either party may terminate these Terms and close your customer account(s) for any reason at any time with written notice to the other party. However, these Terms will not terminate before all valid subscriptions have expired.
We may terminate any subscription with a notice period similar to your notice period for cancellation of the subscription.
Upon termination, your right to access and use the Services will cease immediately. Any outstanding payment obligations will survive termination. Sections pertaining to intellectual property, user content warranties and indemnity, limitation of liability, governing law, shall survive the termination of this Agreement.
17. Privacy and Personal Data Processing
We collect and process your personal data to provide our Services. Our practices regarding your personal data are detailed in our Privacy Policy, which is incorporated into these Terms by reference. By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy. Please review our Privacy Policy carefully to understand how we collect, use, disclose, and protect your information.
18. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Japan . You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Jurisdiction of Japan for the resolution of all disputes arising out of or relating to the use of the Service or these Terms.
19. Changes to Terms
We reserve the right to modify these Terms at any time. We will make reasonable efforts to notify you of any material changes, such as by posting the updated Terms on our Website or sending you an email notification. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the updated Terms. It is your responsibility to review the Terms periodically for any changes.
20. Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations hereunder where such failure or delay results from any cause beyond the reasonable control of that party, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, or failures of telecommunications or internet services (each a "Force Majeure Event"). The time for performance of such obligations shall be extended for a period equivalent to the duration of the Force Majeure Event.
21. Contact Us
If you have any questions about these Terms and Conditions, please contact us a customercare@ezycreate.com
By using the Ezycreate Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.
By using the Ezycreate Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and our Privacy Policy.