Terms of Use
Please read these terms carefully. By using EzyStudio's services, you agree to be bound by the terms and conditions set forth below.
Welcome to EzyStudio's Terms of Use! We're excited to have you aboard. Thank you for choosing to use our services.
Below we have listed important legal terms that apply to anyone who visits our website or uses our services. These terms are necessary to protect both you and us, and to make our services possible and more enjoyable for everyone.
Introduction
1.1 Our Purpose
Our services offer our Users the ability to easily create a beautiful and highly functional online presence, manage and promote businesses, content, and ideas — even without being tech-savvy or a design expert. We offer numerous tools and features for creating, publishing, and using stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps, and other online applications. The online and mobile websites, functionalities, designs and platforms created by Users are collectively referred to herein as "User Platform(s)".
In Plain English
EzyStudio offers online and mobile services and tools that let you create, manage and/or build your own online presence.
1.2 Legal Agreement
These EzyStudio Terms of Use ("Terms of Use"), together with such additional terms which specifically apply to some of our services and features as presented on the EzyStudio website(s) ("EzyStudio Website", collectively the "EzyStudio Terms"), set forth the entire terms and conditions applicable to each visitor or user ("User" or "you") of the EzyStudio Website, the EzyStudio mobile application and/or any other services, applications and features offered by us.
The EzyStudio Terms constitute a binding and enforceable legal contract between EzyStudio Ltd. and its affiliated companies and subsidiaries worldwide ("EzyStudio", "us" or "we") and you in relation to the use of any EzyStudio Services — so please read them carefully.
You may visit and/or use the EzyStudio Services only if you fully agree to the EzyStudio Terms. By using and/or registering to any of the EzyStudio Services, you signify and affirm your informed consent to these Terms of Use. If you do not agree, you must immediately leave the EzyStudio Website and discontinue all use of the Services.
In Plain English
By using our services, you are entering into a legal agreement with us. You may not use our services if you do not consent to all our terms.
1.3 User Account
In order to access and use the EzyStudio Services, you must first register and create an account with EzyStudio ("User Account"). Creation of a User Account or purchase of Paid Services can be done directly on the EzyStudio Website.
1.4 Access to Accounts; Roles and Permissions
You may invite others to your User Account and assign them certain roles and permissions to perform activities within your User Account and User Platforms. A person granted such permission is referred to as a "Contributor".
All activities that occur under your User Account — including those by Contributors — shall be deemed to have occurred on your behalf and in your name as the account owner, whether or not specifically authorized by you. We strongly encourage you to keep your log-in credentials confidential and allow access only to people you trust.
You must provide accurate and complete information when registering and using EzyStudio Services. We strongly encourage you to provide your own (or your company's) valid contact and billing details, as we may use them to identify the actual owner of the User Account.
1.5 Account Ownership
For each User Platform, EzyStudio will consider the owner to be the person or entity whose email address is listed in EzyStudio's records as the owner of the User Account under which the User Platform was created.
In case of a dispute on User Account ownership, we reserve the right to determine ownership based on our reasonable judgment. We may request documentation (e.g., government-issued ID, a business license) to assist in determining ownership.
Your Obligations
2.1 Representations and Warranties
You represent and warrant that you are at least thirteen (13) years of age, or sixteen (16) years of age if you are an individual within the European Union (EU), or of the legal age of majority in your jurisdiction, and possess the legal authority to enter into the EzyStudio Terms.
You further represent that you are not ordinarily resident of, and will not use or distribute the EzyStudio Services in, any country or region subject to U.S. comprehensive country or regional embargos, and that you are not included on any applicable sanctions list.
With respect to your User Content, you confirm you own all rights in and to any content uploaded, developed or provided by you, including any designs, images, animations, videos, audio files, fonts, logos, code, algorithms, databases, illustrations, compositions, artworks, interfaces, text, literary works and any other materials.
2.2 Undertakings
You undertake and agree to:
- Fully comply with all applicable laws and any other contractual terms governing your use of the EzyStudio Services.
- Be solely responsible and liable with respect to any uses of the EzyStudio Services which occur under your User Account.
- Regularly and independently save and backup any of your User Content and information being processed by you regarding your User Platform.
- Receive from time to time promotional messages and materials from EzyStudio or its partners (you may unsubscribe at any time).
- Allow EzyStudio to use your User Platform in perpetuity, worldwide and free of charge, for any of EzyStudio's marketing and promotional activities.
In Plain English
You must comply with all applicable laws, be responsible for your account activity, regularly back up your content, and agree that we may use your site for promotional purposes.
2.3 Prohibited Conduct
You agree and undertake NOT to:
- Copy, modify, create derivative works of, download, adapt, reverse engineer, or decompile the EzyStudio Services or any content thereof.
- Use any illegal action to collect login data and/or passwords for other websites or services.
- Publish and/or make use of EzyStudio Services or Licensed Content on any website or platform other than those provided by EzyStudio.
- Act in a manner which might damage EzyStudio's reputation and goodwill.
- Reverse look-up, trace, or seek to trace another User of EzyStudio Services, or harvest personally identifiable information without express consent.
- Disable, circumvent, or otherwise avoid any measures used to prevent or restrict access to the EzyStudio Services.
- Use any of the EzyStudio Services in connection with any form of spam, unsolicited mail, fraud, scam, phishing, or unethical marketing.
- Access or use the Services for benchmarking purposes or to build a competitive product or service.
Your failure to abide by any of the foregoing may result in the immediate termination of your User Account and/or any Services provided to you — with or without further notice, and without any refund of amounts paid.
Content & Ownership
3.1 Your Intellectual Property
As between EzyStudio and you, you shall own all intellectual property pertaining to your User Content and to any other materials created, developed, or connected to EzyStudio Services by you. EzyStudio does not claim ownership rights on your User Content.
You acknowledge that in order to provide the Services we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDNs, to make display adjustments, to train our software tools (e.g. artificial intelligence and machine learning models), to duplicate for backup and perform any other technical actions required to perform our services. You hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use your User Content for this Purpose.
In Plain English
You own all rights to your content. We may handle your content in order to provide you with our services.
3.2 EzyStudio's Intellectual Property
All rights, title and interest in and to the EzyStudio Services, including any and all copyrightable materials, website templates, source code, applications, audio, video, designs, animations, interfaces, trademarks, service marks, trade names, logos and domains are owned by and/or licensed to EzyStudio.
Subject to your full compliance with the EzyStudio Terms and timely payment of all applicable fees, EzyStudio hereby grants you a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the EzyStudio Services and Licensed Content solely as expressly permitted under the EzyStudio Terms.
3.3 Feedback and Suggestions
If you provide us with any suggestions, comments or other feedback relating to the EzyStudio Services, such Feedback shall be exclusively owned by EzyStudio. By providing such Feedback, you irrevocably assign to EzyStudio any right, title and interest you may have in such Feedback and explicitly waive any and all claims relating to any moral rights worldwide.
Privacy
Certain parts of the EzyStudio Services require or involve the submission, collection and/or use of personally identifying information. As a part of accessing or using the EzyStudio Services, EzyStudio and Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken through the EzyStudio Services and/or User Platforms.
We encourage you to read our Privacy Policy and each Third Party Services' relevant policies on a regular basis, for a description of such data collection and use practices.
In Plain English
We care about your privacy, and you should too. Please read our Privacy Policy to learn more about our practices concerning personal information.
AI Services
As part of the EzyStudio Services, EzyStudio may provide you with access to artificial intelligence and machine learning tools and products, which will help you build your User Platform by generating Content ("AI Tools"). Additionally, EzyStudio may provide you with access to AI tools for you to activate and offer your End Users the option to engage with AI ("AI Products", and together with AI Tools — "AI Services").
5.1 Input and Output
The AI Services enable you or your End Users to input, provide, or submit a prompt ("Input") into the AI Services, and thus direct the AI Services to generate Content as an output ("Output").
5.2 Output Accuracy
The nature of AI technology is such that it is difficult to fully control and predict outputs. EzyStudio does not represent or warrant that the Output generated by the AI Services will meet your or your End Users' needs or expectations, and we disclaim all responsibility and liability for the accuracy, completeness, relevancy, intellectual property compliance, legality, decency, quality, non-bias, or any other aspect of such Output.
Important
5.3 Input & Output Ownership
Your Inputs shall be deemed User Content and the Terms shall apply accordingly. If you choose to use, publish or display an Output, it shall be considered your User Content, and EzyStudio does not claim any ownership rights in the Output to the extent it does not contain any pre-existing EzyStudio intellectual property.
You grant EzyStudio a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to access, copy, and use your Inputs and Outputs to improve EzyStudio Services, review for compliance, and share with subcontractors as required to provide our services.
Service Fees
6.1 Invoices
EzyStudio and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund. Each Invoice will be issued in electronic form and made available to you via your User Account and/or by email.
6.2 Subscription Auto-Renewals
To ensure you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default. Unless you turn off the auto-renewal option, such Paid Services will automatically renew upon the end of the applicable subscription period for a renewal period equal in time to the original subscription period at the same price.
You are solely responsible to verify and ensure the successful renewal of the EzyStudio Services you use. You shall not have any claims against EzyStudio in relation to the discontinuation of any EzyStudio Services or Third Party Services for whatever reason.
6.3 Free Trial
EzyStudio may, at its sole discretion, offer a free trial period ("Free Trial") for certain services, features, or plans. If the Free Trial is linked to a paid plan, EzyStudio will automatically charge you the applicable Fees at the end of the Free Trial unless you cancel beforehand through your account settings.
Cancellation
7.1 Cancellation by User
You may discontinue use and request to cancel your User Account and/or any EzyStudio Services at any time, in accordance with the instructions available on the EzyStudio Services. With respect to subscriptions to Renewing Paid Services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
7.2 Cancellation by EzyStudio
Failure to comply with any of the EzyStudio Terms and/or to pay any due Fee shall entitle EzyStudio to suspend or cancel your User Account and User Platform, as well as the provision of any related EzyStudio Services or Third Party Services to you.
7.3 Loss of Data, Content and Capacity
If your User Account or any EzyStudio Services are canceled, it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data, or domain name reservations ("Capacity Loss"). EzyStudio shall not be liable in any way for such Capacity Loss.
Important
E-Commerce
8.1 General
The EzyStudio Services also include certain features which enable you to sell goods, content, media, event tickets and services through your User Platform ("User Products", and collectively with EzyStudio Services — "E-Commerce"). You are solely responsible for your User Products, E-Commerce related activities, and compliance with any applicable laws.
8.2 Service-Related Charges
Depending on the plan you purchased, EzyStudio may charge you service fees for goods and services sold through your site. Whether calculated as a flat rate or as a percentage of the transaction amount, the fees will be set forth in accordance with the specific plan you have purchased.
8.3 E-Commerce Acknowledgments
By using any of our E-Commerce features, you acknowledge, warrant and agree that you are solely and fully responsible for all taxes and fees associated with your E-Commerce activities; you are responsible for all costs of procuring and delivering your User Products; and you may not offer or sell any User Products that may be deemed hazardous, counterfeit, stolen, fraudulent, offensive, or that fail to comply with any applicable laws.
Third Party Services
The EzyStudio Services enable you to engage, connect, and procure certain third-party services, products and tools for enhancing your User Platform, including domain registrars, third-party applications and widgets, media distribution services, external databases, code packages, etc. (collectively, "Third-Party Services").
You acknowledge and agree that EzyStudio does not in any way endorse any such Third Party Services, and shall not be in any way responsible or liable with respect thereto. Any and all use of such Third-Party Services shall be done solely at your own risk and responsibility.
In Plain English
Our services enable you to get various services and tools from third parties. Since we only act as an intermediary platform, only you will be responsible for your engagements with them. We can remove third-party services at any time.
Misconduct & Copyrights
10.1 Misconduct and Abuse
When using EzyStudio Services, you may be exposed to User Platforms, User Content or Third Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against EzyStudio with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the EzyStudio Services, please immediately report such User and/or Third Party Service to us.
10.2 Copyrights
EzyStudio acts in accordance with its interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify our designated Copyright Agent with: (1) contact details of the authorized person; (2) a description of the copyrighted work claimed to be infringed; (3) a description and location of the infringing material; (4) a statement of good faith belief; and (5) a statement that the information in the notification is accurate.
Email: [email protected]
Disclaimer of Warranties
We provide the EzyStudio Services on an "As Is", "with all faults" and "As Available" basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty — all to the fullest extent permitted by law.
We specifically do not represent or warrant that the EzyStudio Services are complete, accurate, reliable or secure in any way, suitable for or compatible with any of your contemplated activities, devices, operating systems, browsers, software or tools, or comply with any laws applicable to you.
EzyStudio shall not in any circumstances be considered as a "publisher" of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the EzyStudio Services.
Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, EzyStudio, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the EzyStudio Services; (3) any unauthorized access to or use of our servers and/or any personal information stored therein; (4) any interruption or cessation of transmission to or from the EzyStudio Services; (5) the use or display of any Content or User Content posted, transmitted, or otherwise made available via the EzyStudio Services; (6) events beyond the reasonable control of EzyStudio, including any internet failures, equipment failures, electrical power failures, strikes, fires, floods, storms, earthquakes, acts of God, war, or terrorism; and/or (7) loss of use, data, profits, goodwill, or other intangible losses.
In Plain English
Subject to applicable law, we will not be liable for any damages.
Indemnity
You agree to defend, indemnify and hold harmless EzyStudio, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys' fees) arising from: (1) your violation of any term of these Terms of Use or any other EzyStudio Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the EzyStudio Services; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.
In Plain English
If we get sued or are otherwise placed in harm's way because of something you did, you will bear the associated costs and damages.
General
14.1 Changes & Updates
EzyStudio reserves the right to change, suspend or terminate any of the EzyStudio Services (or any features thereof, or prices applicable thereto) and/or change any of the EzyStudio Terms with or without prior notice — at any time and in any manner. If any changes involve the payment of additional or higher Fees, we will provide you with a notice prior to enabling such specific changes.
14.2 Notices
We may provide you with notices via the EzyStudio Services, by email sent to the address you provided us, through any other means including any phone number or physical address you provided us. Notice will be deemed received and effective within twenty-four (24) hours after it was published or sent.
14.3 Relationship & Agreement Severability
The EzyStudio Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between EzyStudio and you. These Terms, together with any other legal or fee notices provided to you by EzyStudio, constitute the entire agreement between you and EzyStudio.
EzyStudio may assign its rights and/or obligations and/or transfer ownership rights and title in the EzyStudio Services to a third party without your consent or prior notice. You may not assign or transfer any of your rights and obligations without the prior written consent of EzyStudio.
If any provision of the EzyStudio Terms is deemed invalid or unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Customer Service
For support, email at: [email protected]
Class Action Waiver & Mandatory Arbitration
Please read this section carefully — it may significantly affect your legal rights, including your right to file a lawsuit in court, to have a jury hear your claims and to participate in class actions and similar collective lawsuits.
Unless prohibited by applicable law in your place of residency, all disputes between you and EzyStudio shall only be resolved on an individual basis and you shall not have the right to bring any claim against EzyStudio as a plaintiff or a member of a class, consolidated, collective or representative actions.
15.1 Arbitration
If you reside in the US or in any jurisdiction under which the following isn't prohibited under applicable law, any dispute, controversy, or claim relating in any way to EzyStudio's services and/or products will be resolved by arbitration, including threshold questions of arbitrability of the Claim. You and EzyStudio agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures.
Any arbitration under these EzyStudio Terms will take place on an individual basis. Class arbitrations and class actions are not permitted. By agreeing to these EzyStudio Terms, you and EzyStudio are each waiving the right to trial by jury or to participate in a class action or class arbitration.
15.2 Mass Arbitration
If 10 or more demands for arbitration are filed relating to the same or similar subject matter and sharing common issues of law or fact, then you and EzyStudio agree that this will constitute a Mass Arbitration and be conducted pursuant to the JAMS Mass Arbitration Procedures.
15.3 Opt Out of Arbitration
You have the right to opt out of, and not be bound by, the arbitration provision under section 19 by completing and submitting the arbitration opt-out form available on our website within thirty (30) days of your first registering to use the EzyStudio Services, or within thirty (30) days of the date of the most recent changes to these arbitration provisions, whichever is later.
