Terms of service

Your account

You need an account to publish a storefront. You must be old enough to enter a contract where you live, and the details you give us must be accurate — we send security notices to the address on the account and will not chase you elsewhere.

You are responsible for what happens under your account, including anything done with your API key. Tell us immediately if you think someone else has access. We may suspend an account that is being used to attack the service, to send unsolicited email, or to process content that is unlawful.

Credits

• One credit is worth €0.10. Each maker receives €5 of credits once, when they sign up, which is 50 credits.
• Credits granted to you — the welcome allowance and any administrator top-up — are an allowance, not money. They have no cash value and cannot be transferred, sold or cashed out. That is a statement about cashing out, not about your statutory right of withdrawal, which is set out in ‘Your right to withdraw’ below and is not limited by this clause.
• Unused credits do not expire.
• Credits you buy do not expire. We spend your free welcome credits before the credits you bought, so a paid balance is the last thing used. They remain a prepaid balance for generation on Elvoric.
• A generation reserves credits before it runs, captures them if it succeeds, and releases them if it fails. A failed render costs you nothing.
• The price of a generation is calculated from the model provider’s official published rates, shown to you before the run. We do not add a margin to that figure beyond the credit allowance itself.
• If you connect your own provider key, generations bill directly to your provider account and no credits are deducted. You are responsible for that bill.
• An administrator may grant you additional credits. Those grants are a courtesy, carry no cash value, and may be corrected if made in error.

Prices, VAT and who sells

Every figure Elvoric shows you is quoted gross — inclusive of any applicable VAT — the way a consumer price is meant to be read. There is nothing to add at a checkout, because there is no checkout.

The €0.10 value of a credit is a gross reference figure, and it is a reference figure only: credits are granted once at sign-up and no credit is on sale today, so no sale takes place and no VAT is chargeable on them. The operator of Elvoric is the supplier of this software service, which it supplies free. Its VAT registration is pending; when a registration is in place it will be stated here, and on any invoice, before a payment is taken.

When you buy a service from a partner — a store build, a domain and launch, a retainer, social work — that partner is the seller of record. The partner sets the figure inside the published band, invoices you directly and accounts for the VAT or local tax on that invoice. Elvoric is not a party to that sale, is not a merchant of record for it, and takes no cut of it.

If Elvoric ever sells a paid credit pack, the price will be shown inclusive of applicable VAT with the rate stated before you pay, this clause will name the registered entity and its VAT number, and ‘Your right to withdraw’ below will apply to that purchase.

Your right to withdraw

If you are a consumer in the European Union, the United Kingdom, or anywhere else that gives you such a right, you may withdraw from a distance contract within 14 days of concluding it, without giving a reason and without paying a fee beyond the cost of returning what you received. Where Elvoric has sold you nothing, there is nothing to withdraw from; this clause is written now so that the right is stated before it is ever needed, and so that nothing else in these terms can be read as taking it away.

Credits are digital content supplied immediately, and a paid credit pack would be the same. Where you buy one, you ask us to supply it straight away: by confirming the purchase you consent to immediate supply and acknowledge that you lose the right of withdrawal once the pack has been made available to you. We will confirm that consent and that acknowledgement to you on a durable medium — an email — together with the purchase confirmation, as the Consumer Rights Directive requires.

If a pack has not been supplied, the right of withdrawal survives. Withdraw before supply and we refund the price in full, by the method you paid with, within 14 days of your decision, and we do not charge you for the refund.

Nothing in these terms limits a statutory right you have over a service that is not carried out with reasonable care and skill, or over digital content that is faulty or not as described. Nothing in ‘Credits’ — including the sentence that credits cannot be transferred, sold or cashed out — limits the right described in this clause.

Concepts are proposals

A rendered concept is an illustration of a direction, generated by a machine from the words in a brief. It is not a technical drawing, a structural plan, a colour-accurate proof or a guarantee of what you will make. Tiers that look effortless in a render may need internal support. A glaze that reads as satin on screen may fire differently. A line that looks fine at 900 pixels may not hold at 18 centimetres.

You are the professional. Inspect every render before you send it to a client, and treat the concept as the start of a conversation rather than a quotation. Elvoric is not liable for a piece made to match a concept that could not physically be made that way.

Generated images can be wrong in ways that are hard to notice: an extra finger, an impossible overhang, text that is not quite letters. The inspection flags we raise are a help, not a warranty.

Your clients’ data

When a client fills in your brief form, you are the controller of what they send and Elvoric is the processor. That means you need a lawful basis for collecting it, your own privacy notice on your storefront if your jurisdiction requires one, and a policy for how long you keep it.

Do not use the brief form to collect special category data you do not need. Allergy information is included because a cake can kill someone; a client’s religion, health history or political views are not, and asking for them puts you in a category of risk the product cannot manage for you.

You can delete a brief, and with it the concepts and renders attached to it, from your dashboard at any time. Deletion is immediate and irreversible.

Your work, and ours

You keep every right you already had in the images you upload and the text you write. You give us the licence we need to store, resize, serve and display them as part of running your storefront — nothing more, and it ends when you delete the material or close your account.

We do not claim ownership of the concepts generated from your briefs. To the extent that any rights in a generated concept are ours to give — for example in the prompts, templates and rendering pipeline that produced it — we assign those rights to you when the concept is created; and to the extent an assignment is not effective, we grant you a perpetual, irrevocable, worldwide, royalty-free licence to use the concept for any purpose. You may use a concept commercially, including sending it to clients and posting it as an example of your work. So far as the law allows, we waive any moral rights we may have in it. Where the law does not recognise copyright in machine-generated output, this gives you everything we can give and nothing more. We do not warrant that a concept is protectable, that it is exclusive to you, or that another studio working from a similar brief would not arrive at something similar.

The platform itself — the code, the templates, the copy, the typefaces we license, the Elvoric name and marks — remains ours. You may not resell, sublicense or redistribute access to it, or run another business on top of your account.

We may show anonymised, aggregate figures about platform usage. We will not use your business name, your portfolio or your concepts in marketing without asking you first.

Third-party rights in a concept

A concept is generated from a description. If a brief describes or alludes to someone else’s product, character, logo, building or artwork, the render may come close to it. Our prompt contract keeps logos, watermarks and brand badges out of a render, and asks for any lettering to be unreadable placeholder type rather than a real mark. Our inspection step flags some of what gets through. Where a brief asks for a branded item, the pipeline’s own constraints outrank the description. None of that is a clearance, and none of it is a warranty that a concept is free of someone else’s rights.

Before you show a concept to a client, publish it or make the piece, satisfy yourself that it does not reproduce a third-party mark or a protected work, and that your client had the right to ask for it. That judgement is part of the professional work, in the same way as judging whether a concept can be built.

If you receive a complaint that a concept infringes someone’s rights, tell us at contact@elvoric.com within seven days of receiving it and send us the complaint. On a credible complaint from the rights holder, or on your request, we will take the image down and give you the records we hold — the brief, the prompt and the model used. We may suspend an account that repeatedly produces infringing concepts.

We do not indemnify you for a claim of this kind. A claim that arises from a brief you or your client wrote stays with the studio, which is why the acceptable-use rules put the obligation to describe lawful work on you. Nothing in this clause increases our liability beyond the limit in ‘Liability’.

Acceptable use

Do not use Elvoric to generate or distribute content that is unlawful, that infringes someone else’s rights, that depicts a real person in a sexual or degrading way, or that impersonates another business. Do not attempt to bypass the credit system, the rate limits, or the model restrictions. Do not probe, scrape or overload the service.

Image generation is subject to the model provider’s own acceptable use policy in addition to ours. A prompt that provider refuses will fail here too, and the credits for it are released.

We may remove content or suspend an account that breaks these rules, and we will tell you why unless doing so would expose someone else to harm.

Email we send

We send service email, and it is confined to your account and the studio on it: the message that confirms your address when you register, a welcome, password resets and password changes, a notice when the storefront has no work on it or has gone live without a brief, a message when a brief arrives, and a notice when a concept is ready for review or has been approved. Each one goes to the address the account was created with, because of something you or your client did about that account or studio. None of it is marketing, and we do not send marketing email without a separate opt-in.

There is no brief-notification setting to turn off. These are messages about your own account rather than a list you joined, so none of them carries an unsubscribe link, and closing your account ends them with it — ‘Ending it’ below sets out what closing does.

Your clients are not on this list. When a client sends you a brief we send them a copy at the address they gave, and they can be sent the design itself once a concept is ready; a reply to either reaches your studio, not us. Reports sit outside both lists: when someone reports your studio we answer the person who filed it, in coarse terms and with nothing about your business in it, and if the decision takes something down the notice goes to your account address.

Because brief notifications go to your account address, keep it current. An unread brief is not a lost brief — it is waiting in your dashboard — but we cannot notify an address that no longer exists.

Availability and changes

We aim to keep the service up, but we do not promise uninterrupted availability. We may take it down for maintenance, and features may change. If we discontinue something you depend on we will give reasonable notice and, where it is practical, a way to export what you put in.

The image model providers we route through are third parties. If one withdraws a model or raises its price, generations may become unavailable or cost more; the price shown before a run is always the price you pay for that run.

We may revise these terms. Material changes are emailed to account holders before they take effect. Continuing to use the service after that means you accept them.

Ending it

You can close your account whenever you like; ask us and we will delete the account, the storefront, the portfolio, the briefs and the concepts. Credits granted to you that remain at that point are forfeited, because they were an allowance and not a balance. If Elvoric ever sells a paid credit pack, this clause will state what happens to a paid balance at closure before any pack goes on sale.

We may suspend or close an account that breaches these terms, that we are legally required to close, or that has been inactive and unpaid to the point of abuse. Where we can, we will give you notice and a window to export your work first.

Liability

Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, we are not liable for lost profit, lost business, lost goodwill or an unhappy client, and our total liability in connection with the service is limited to the greater of the amount you paid us in the twelve months before the claim or one hundred euros.

The service is provided as it is. We do not warrant that a generated concept will be suitable for your client, your materials or your equipment — that judgement is yours, and it is the reason you are the one signing off the work.

Governing law

These terms are governed by the laws of the country in which the operator of Elvoric is established, and disputes are subject to the courts of that country. If you are a consumer, this does not remove the protection of the mandatory law of the country you live in.