Terms of use

Last revised: 18.08.2024

1. General provisions

This website as well as our Services are operated/ provided by Extend Studio S.R.L., a Romanian company, headquartered in P-ţa Presei Libere, no. 1, first floor, Casa Presei Libere, Corp A3, Bucharest, District 1, Romania, VAT RO17752490, registered at the Trade Register under no. J40/11781/2005, e-mail [email protected] (hereinafter referred to as ”Extend Studio”, “us”, “we”, or “our”). 

These Terms of use, together with our Privacy Policy and Cookie Policy (collectively ”our Policies”) govern the use of our Espresso AI tool for businesses (hosting companies who are interested in buying our Services and making it available to their own customers). Espresso AI is an AI website builder which allows people to generate a website based on a short description provided by them (our ”Services”). 

Our Policies constitute an agreement between us, Extend Studio S.R.L. and you (”Client”) that governs your use of our Services. By signing up to use our Services, you agree to be bound by our Policies. You represent to us that you are lawfully able to enter into contracts and, whenever you are entering into these Terms of use for an entity, that you have legal authority to bind that entity.

2. Permitted use of our Services. Restrictions 

We grant you (our ”Client”) a non-exclusive right to access and use our Services in accordance with these Terms of use and our Policies. This includes the right to use our Services and to make our Services available to your customers (”Users”) free of charge. 

Any demo website launched by using our Services will expire in 24-hours. In order to keep the website, you or your User must migrate the website from our servers within this term. We are not responsible for any data loss or other damage that may occur during this migration and do not have any obligation to make back-ups or recover lost data. 

We own all rights, titles, and interests in and to our Services. You only receive rights to use the Services as explicitly granted in this agreement (our Policies). 

Restrictions. You will not, and will not permit Users to: 

1. use our Services in any way that violates our Policies and/ or any applicable laws, 
2. use our Services in any way that violates OpenAI policies and terms of use (which is a third-party whose service is incorporated in our Services),
3. use our Services in any way that infringes, misappropriates or violates anyone’s rights, including ours,
4. act in such a manner which might damage our reputation, 
5. use Output to develop models that compete with our Services or OpenAI,
6. attempt to discover and/ or steal the source code or underlying components of our Services, algorithms, and systems of our Services (except to the extent these restrictions are contrary to applicable law),
7. represent that Output was human generated when it was not,
8. interfere with or disrupt our Services, including circumvent any restrictions or bypass any protective measures or safety mitigations we put on our Services.

When you, as a Client, make our Services available to your Users, it will be your responsibility to assure that they do not use it in any way that may infringe our Policies. You also warrant and represent that you will not allow persons under 18-years old to use our Services. You are also responsible for informing each User of any possible restrictions, limitations, or obligations they have under the law or our Policies when using our Services as well as the Outputs of AI Products, including the need to review the Output before using it. 

Non-compliance, by you or your Users, with permitted use or restrictions will constitute a severe violation of our Policies, having as effect the immediate termination of your access to our Services. We will also have the right to immediate delete or suspend your Account and initiate all the legal proceedings in order to obtain a full compensation for the damage caused by the violation of our Policies. 

3. Use of third-party services 

As part of our Services, we use AI tools, software or products provided by OpenAI, which is an AI research and deployment company (OpenAI). These tools, software or products will help you and your Users build the websites. Any copyright or intellectual property rights that belong to OpenAI or its affiliates remain their sole property. You only receive rights to use our Services as explicitly granted in this agreement (our Policies). 

We may also provide links to websites operated by other third parties. 

Any third-party tools, software or products (”Third Party Services”) are subject to their own terms, and we are not responsible for them. By using our Services, you fully agree to comply with, and, as a Client, to require each of your Users to comply with the Third-Party Policies. Some of the OpenAI Policies are available here: Terms of use | OpenAI, Privacy policy | OpenAI, Terms & policies | OpenAI, Business terms | OpenAI.

4. Registration 

In order to use our Services, you, as a Client, will be required to register and create an account (“Account”) by providing a valid e-mail address and setting a password. When you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to our Policies, and that you agree to these Terms on the entity’s behalf. 

By creating an Account, you agree and warrant that you will fully comply with our Policies, including these Terms of use and all the applicable laws and that all information you submit when creating the Account is accurate, current and complete, and you will keep your Account information accurate, current and complete. If we have reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, we have the right, in our sole and absolute discretion, to suspend or delete your Account.

Each Client may only have and maintain one Account. If we discover that you have multiple Accounts, we will have the right to immediately suspend your access to our Services and/ or to delete your Accounts. Also, we will have the right to apply our Fees according to these Terms of use for all the Websites that were generated using our Services by exceeding a single Free Tial Period to which you were entitled. 

When creating an Account, we will collect some Personal Data and information from you. For a full picture of how we process Personal Data and other information, please read our Privacy Policy.  

You’re fully responsible for keeping your log-in credentials of your Account confidential. It is mandatory that the password is no longer used to access other accounts, to avoid using a common, weak password, such as, for example, duplicate numbers (e.g. 1111), easy-to-type patterns (e.g. 14789). You are the only one responsible for any Account that you have access to and any activity occurring in such Account. In case you are aware of or suspect unauthorized access to your Account, you must immediately change your password and contact us. 

We will not be liable for any damages or losses incurred to you or third parties as a result of stolen or hacked passwords or unauthorized access to your Account.

5. Subscriptions, Fees, and Payments

We offer our Clients a 1-month free trial period limited to 200 websites (”Free Trial Period”). After the Free Trial Period, we will charge you per each website generated by you or your Users (“Fee”) in order to continue to use our Services – the amount charged differs according to plan. The Fee includes VAT. Our Fees are subject to change at any time without your prior consent (see section 14 below).

After the Free Trial Period we will charge you on a monthly basis, depending on how many websites were generated with our Services. You’re responsible for all applicable taxes, and we’ll charge tax when required by the applicable law. 

We will issue an invoice according to the applicable law. Each Invoice will be issued in electronic form and will be made available to you via your Account. Our Invoices shall be due within 5 days of their issuance. If, for whatever reason, you fail to pay the Invoice within this term, we may suspend your access to our Services until payment is received. If you fail to pay the applicable charge within 10 days of the date of suspension, we will have the right to delete your Account and terminate your access to our Services. In the event we cancel your Account for non-payment, all amounts due and unpaid shall become immediately due and payable and we reserve the right to seek payment using any remedies allowed by law. 

You can cancel your subscription at any time. Once you cancel your subscription, you will no longer be able to use our Services. A new subscription can be made at any time, but you will not receive a new Free Trial Period. 

Payments are non-refundable, except where required by law. 

6. User Content

While using our Services, you and your Users may submit input which is any content including any images, audio or video files, texts, designs, logos, algorithms, databases, company names, marks, artworks, or any other material or information that may be submitted (”Input”) and receive output from the Services based on the Input (“Output”). Input and Output are collectively “User Content.” 

In order to generate a website using our Services, the following Input shall be provided in a clear and comprehensive manner: website description, website purpose, contact information (optional), website design and website structure. This information will help our Service generate the text and images for your website. 

The full responsibility for User Content including ensuring that it does not violate any applicable laws, our Policies or third-party rights is borne by you and your Users.  

When submitting Input, you and your Users represent and warrant that:

1. have all rights, licenses, and permissions needed to legally Submit Input to our Services,
2. the Input and the use of our Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other third-party rights, including, without limitation, any privacy rights or contractual rights,
3. all the Input is and will continue to be true, current, accurate, non-infringing upon any third party rights, and in no way unlawful to be submitted;
4. will not submit Input that is or may be offensive, abusive, threatening, obscene, defamatory, harmful, racist, deceptive or fraudulent or that is or may be promoting false, misleading or illegal information/ activities or that displays pornographic or sexually explicit material of any kind, that is encouraging criminal or harmful conduct, or that is or may be infringing in any other way our rights or any third-party rights or that is unlawful to be submitted on or in connection with our Services; 
5. will not submit Input that contains viruses or any other similar forms of malware.

The whole responsibility for the use of the Outputs and for evaluating the Outputs for accuracy and appropriateness for use will be borne by you and your Users. You acknowledge and you must make your Users aware that, due to the fact that our Services use AI, Output may not be unique and other users may receive similar content upon which you and your Users shall not have any right.  

You and your Users will be responsible for ensuring back up copies of the User Content that has been transmitted while using our Services or built through our Services. In the event of loss of User Content, howsoever caused, we, in no circumstances, will be liable to recover the data.

You, as a Client, have the full responsibility to require each of your Users to agree and comply with the provisions above and you will be responsible for any violations caused by your Users. 

7. Ownership of User Content

To the extent permitted by applicable law and the OpenAI Policies, you (your Users) will retain all ownership rights (including intellectual property) in Input and will own all Output (collectively ”User Content”). We do not claim ownership rights on the User Content or User websites generated with our Services. 

However, by using our Services, you and your Users grant us a non-exclusive, transferable, royalty-free, and worldwide license to use the User Content in order to be able to provide our Service and comply with applicable law. Also, as long as we use OpenAI tools or products within Our Service, the User Content shall be used by OpenAI in accordance with their Privacy Policies. 

8. Our Intellectual property rights 

All rights upon or in connection to our website or Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (such as domain, texts, our web graphics and templates, design, software products, source codes, multimedia elements, images, video or audio files, documents, databases, brands, logos, trademarks, tradenames,  algorithms, methods), herein after referred to as ”Our Content” is and remains our Property or the property of the persons from whom we have acquired a right of use or license. Our Content may not be downloaded, used, reproduced, copied, modified, altered, adapted, translated, rented, sold, distributed, published or otherwise exploited without our express, prior written permission.

Subject to your full compliance with our Policies, we grant you a non-exclusive, transferable, payable, worldwide and fully revocable license to use our Services as permitted under our Policies. Upon creating your Account and / or using our Services, you or your Users will not receive any other rights including intellectual rights except only for the limited license expressly granted above. 

You and your Users shall (i) not cause or, where preventable, permit anything to be done which may damage or endanger any of the intellectual property rights related to our Services and (ii) indemnify us for any damages suffered by reason of any infringements of our intellectual property rights. 

9. Your warranties and obligations

In using our Services, including in creating an Account, you agree and warrant that:

9. You are a registered company, which operates legally and has all the necessary permits and authorizations and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in our Policies;

1. You and your Users will comply with all applicable laws and the Policies which govern the use or our Services and refrain from any action/ inaction that may infringe our rights or legitimate interests or any third-party rights or legitimate interests;  

10. In providing our Services to your Users you will not act as a trustee or representative of Extend Studio; when making our Services available to your Users, you will act on your own name and you will bear the sole responsibility in relation with your Users, third-parties and public authorities and institutions for any such activity; 

11. The provision of our Services to your Users shall be done only in accordance with our Policies and considering the Permitted Use as provided in these Terms of use; you won’t provide our Services to Users that are under 18 years old; 

12. Is your responsibility as a Client to make sure that your Users will comply with our Policies as well as the policies of our third-party service providers; you are also responsible for informing each User of any possible restrictions, limitations, or obligations they have under the law or our Policies when using our Services as well as the Outputs of AI Products, including the need to review the Output before using it;

10. Privacy

The way we process Personal Data in connection with our Services is stipulated in our Privacy Policy.  

You, as a Client, will be responsible for complying with legal regulations in privacy matters in relation to your Users. In this regard, whether you act as a Data Controller or Data Processor of your Users Data or the Personal Data they provide (Input), you will comply with all laws and regulations that may apply to the collection and processing of such data. It is also your responsibility to inform your Users upon the processing of their Personal Data when using our Services (provide legally adequate privacy notices) and also upon any transfer of their Personal Data towards us and obtain their consent, whenever mandatory under the applicable law.  

11. Your liability

You acknowledge and agree that your failure or your Users failure to abide by our Policies may result in the immediate termination of this agreement and any access to our Services and deletion of your Account, without any refund of amounts paid on account of any such Services. 

You also agree to indemnify, defend, and hold us and our affiliates, partners and licensors harmless against any damages (direct and indirect) and costs (including attorneys’ fees):

1. arising from your use or your Users use of our Services.
2. any violation of our Policies or applicable laws, committed by you or your Users.  
3. payable to a third party arising out of a third-party claim related to any use, by you or your Users of our Services or related to any User Content. 

12. Disclaimer of warranties and limitation of our liability

To the fullest extent permitted by law, we and our affiliates, partners and licensors disclaim any warranty of any kind as to any matter whatsoever relating to our Website or Services as well as AI tools and products of other third-party products/ tools incorporated in our Services. 

Our Services are provided “As Is” without any warranties of any kind to the fullest extent permitted by law. We make no warranties, including but not limited to, fitness for a particular purpose, satisfactory quality, accuracy, suitability, non-infringement, etc. We do not warrant that the Services will be uninterrupted, accurate or error free, that any content will be secure or not lost or altered, that you or your Users will be able to access the Services at all times or places.  

To the fullest extent permitted by law, we and our affiliates, partners and licensors shall not be liable to you, Users or third parties for any damages or losses of any kind resulting from or in any way connected with:

4. the use or the inability to use our Website or Service, 
5. the Inputs, Outputs and/ or User websites generated with our Services;
6. any interruptions, errors, inaccuracies or delays of any kind;
7. any bugs, viruses or similar malware;
8. any unauthorized access;
9. any User Content loss; 
10. the migration of the user website towards other servers. 

Every time we can be held liable in connection with our Services, our aggregate liability to you, your Users or any third parties in any circumstance, shall not exceed the total amount you paid to us for the specific Service that gave rise to the claim. In case the applicable law has (or will have) any provisions specific to waiver or liability that conflict with the above then our liability is limited to the fullest extent permitted by law. 

As part of our Services, we use Artificial Intelligence which will help you and your Users build websites. Therefore, the Output will be generated by AI, as a response to the submitted Input. We do not assume any responsibility for or in connection with any such Output or websites generated by using our Services. 

When you use our Services you understand and agree and you must accordingly inform your Users that:

1. We do not offer any guarantee and disclaim all responsibility and liability for the legality, intellectual property compliance, accuracy, relevancy, correctness, uniqueness or authenticity of such Output;
2. Output may not meet the particular needs, requirements or expectations of the Users; 
3. Output may not always be accurate;
4. Output may not be unique and other users may receive similar output from our Services;
5. The use of Output generated by AI technology shall be made at your sole risk (or your Users sole risk) and neither you, nor your Users will rely on Output as a sole source of truth or factual information; all Output shall be evaluated for accuracy and appropriateness for use by every particular user;
6. Our Services may provide incomplete, incorrect, or offensive Output that does not represent our views.

You, as a Client, have the full responsibility to require each of your Users to agree and comply with the provisions above. 

13. Termination

You are free to stop using our Services at any time. Also, you can delete your Account at any time. If you delete your Account, all amounts due and unpaid shall become immediately due and payable. 

We have the right, without being held liable towards you, your Users or any third party, to terminate this agreement and your access to our Services and to delete your Account if: 

1. you or your Users use our Services in a way that violates our Policies or any applicable laws; 
2. we must do so to comply with the law or a judicial decision;
3. to prevent a security risk or other credible risk of harm or liability to us, our Services, or any third party;
4. for any other grounds that we may consider reasonable. 

If you believe we have terminated your access to our Services and/ or your Account by mistake or for unfounded reasons, please contact us. 

Termination will not affect any rights or obligations, including the payment of amounts due, which have accrued under this agreement up to the date of termination. Upon termination of this agreement, the provisions that are intended by their nature to survive termination will survive and continue in full force and effect in accordance with their terms, including confidentiality obligations, limitations of liability, and disclaimers. 

14. Applicable Law and Jurisdiction

These Terms of use as well as our Privacy Policy and Cookie Policy (collectively ”our Policies”) and all particular agreements related to our Services (if any) as well as any claims and disputes related to our Services are governed by the Romanian law. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations or other applicable laws you may be subject to.

You acknowledge and agree that any claims and disputes related to our Policies and Services or to any acts or omissions for which you may contend we are liable, (“Dispute”), shall be finally, and exclusively, settled by the competent courts of justice from Bucharest, Romania. 

13. Notifications

Unless otherwise mentioned, all the notifications, communications and other correspondence addressed to us regarding our Services or our Policies should be made in writing by e-mail at [email protected] or at our headquarters located in P-ţa Presei Libere, no. 1, first floor, Casa Presei Libere, Corp A3, Bucharest, District 1, Romania.

Any notifications, communications or other correspondence addressed to you may be communicated by us using one of the following methods: by e-mail at the contact details provided when creating the Account, by a banner/ pop-up within our Website or your Account or by any other means, including the address you provide to us or we access from public registers.

14. Changes to our Policies

These Terms of use as well as our Privacy Policy and Cookie Policy (collectively ”our Policies”) are subject to change at any time without your prior consent. Any changes that are made to our Policies will not apply retroactively and will not apply to disputes or events occurring before the change is published. The new version of the Policies will be published on the Website and you will be notified by a pop-up or by e-mail before the change becomes effective. Continued use of our Services will constitute your acceptance of the updated version of the Policies. 

If any such changes involve the payment of additional or higher Fees, you will be notified by a pop-up or by e-mail with 30 days prior to enabling such specific changes. Continued use of our Services after the 30-day period will constitute your acceptance of the new changes to our Fees. If you do not agree with our updated Fees, you must inform us and stop using our Services during the 30-day period.  

15. Final clauses

You represent and warrant that you have the legal capacity to conclude the contract with us and to fulfill the obligations incumbent on you and that you have expressly understood and accepts the content of these Terms of use and assume the risk of error in understanding any provision of this document or our Policies. 

These Terms of use, together with the Privacy Policy and Cookie Policy (collectively ”our Policies”) shall constitute the entire agreement between you and us concerning this Service. 

If any provision of our Policies is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. 

These Terms of use are available to you for storage and reproduction. 

All rights not expressly granted herein are reserved to Extend Studio.