Terms of Service

1. Acceptance of Terms

By accessing and using Replicape ("the Service"), you agree to be legally bound by these Terms and Conditions of Use. If you do not agree with any of these terms, you should not use the Service.

The Service is designed as a technological tool for processing images using artificial intelligence.

IMPORTANT: By using this Service, you acknowledge and agree that you are solely responsible for the content you upload, process, and the use you make of generated images. Replicape acts solely as a provider of technological tools and assumes no responsibility for your use of the Service or for verifying rights over processed content.

2. Description of Service

Replicape is a technological tool that offers:

• Image processing using artificial intelligence (AI)
• Extraction and manipulation of visual elements from photographs
• Image generation in different resolutions (1K, 2K, 4K)
• Temporary storage of processed images
• Download of processed images

Nature of Service: Replicape is exclusively an image processing tool. We do not verify, validate, or guarantee the legality, originality, or ownership of processed images. The Service does not imply any type of legal advice regarding copyrights, trademarks, or intellectual property.

3. Registration and Account

To use certain features of the Service, you must create an account. By registering:

• You must provide accurate and up-to-date information
• You are responsible for maintaining the confidentiality of your credentials
• You agree to notify us immediately of any unauthorized use of your account
• You must be 18 years or older or have authorization from your legal guardian
• You are responsible for all activities that occur under your account

4. User Responsibility for Content

IMPORTANT DECLARATION: By uploading any image to the Service, you declare and warrant under your sole responsibility that:

• You have all necessary rights over the images you upload, including but not limited to: copyrights, image rights, trademark rights, usage licenses, third-party authorizations, and any other applicable intellectual property rights
• You have the corresponding authorizations from rights holders, designers, artists, brands, or any third party with legitimate interest in the images
• The use you will give to processed images is lawful and does not infringe third-party rights or applicable regulations
• You assume all legal, civil, and criminal responsibility for any infringement of intellectual property rights, image rights, or any other rights
• You will not use the Service to copy, reproduce, or extract designs, illustrations, logos, or any visual element without having the necessary rights or authorizations

Replicape does not perform any verification of ownership or legality of processed images and assumes no responsibility for content uploaded by users or for infringements they may commit.

5. Use of AI-Generated Images

Regarding images processed or generated through the Service:

• User's sole responsibility: The user is solely responsible for the commercial, personal, public, or private use made of generated images
• No originality guarantees: We do not guarantee that generated images are original, unique, or free of third-party rights
• No rights verification: We do not perform any verification of ownership, legality, or availability of use of processed images
• Use at user's risk: Any use of generated images (commercial, editorial, merchandising, etc.) is at the user's sole risk
• Regulatory compliance: It is the user's responsibility to ensure that the use of images complies with applicable intellectual property laws

6. Prohibited Uses

It is expressly prohibited to use the Service to:

• Process images over which you do not have rights or authorizations
• Infringe copyrights, registered trademarks, patents, or other intellectual property rights
• Copy, reproduce, or plagiarize third-party designs without authorization
• Create illegal, offensive, defamatory, obscene content or content that incites hatred or discrimination
• Impersonate individuals or brands
• Generate content that may mislead about the origin or ownership of a design
• Any activity that violates Argentine or international laws
• Resell, redistribute, or sublicense access to the Service
• Use bots, scrapers, or automated methods to access the Service
• Attempt to access systems or data without authorization

7. Disclaimer of Liability

Replicape expressly disclaims all liability related to:

• User content: We are not responsible for images that users upload, process, or generate through the Service
• Use of generated images: We assume no responsibility for the use that users make of processed images, whether commercial, personal, or otherwise
• Rights infringements: We are not responsible for infringements of intellectual property rights, image rights, or any other rights that users may commit using the Service
• Third-party claims: We assume no responsibility for claims, demands, or legal actions that third parties may initiate against Service users

This disclaimer operates to the maximum extent permitted by applicable law, without prejudice to non-waivable consumer rights.

8. Indemnification

You agree to defend, indemnify, and hold harmless Replicape, its directors, employees, agents, licensors, and suppliers from any claim, liability, damage, loss, cost, or expense (including reasonable attorney fees) arising from:

• Your use of the Service
• Content you upload, process, or generate
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any claim that your content caused harm to a third party
• The use you make of images generated by the Service

This indemnification obligation will survive the termination of these Terms and your use of the Service.

9. Intellectual Property

Your content: You retain all rights you may have over the images you upload. By using the Service, you grant us a limited, non-exclusive, and revocable license to process your images solely for the purpose of providing the requested service.

Our content: The Service, including its design, code, brand, and technology, is the property of Replicape and is protected by intellectual property laws and international treaties.

No transfer of rights: Processing images through our Service does not transfer, create, or grant any intellectual property rights over third-party original content. The user remains responsible for obtaining necessary authorizations.

Generated images: Images generated by the Service may be subject to third-party rights. We do not grant or guarantee any rights over generated images. The user assumes all responsibility for verifying and obtaining the necessary rights for their use.

10. Payments, Prices, and Billing

The Service offers different plans and credit packs:

• Subscription credits: Granted monthly according to your plan and reset each period
• Additional credits (packs): Added to your monthly quota and reset with your subscription
• Monthly reset: All credits (both subscription and packs) reset on the first day of each billing period. Unused credits do not accumulate
• Subscriptions: Automatically renew according to the contracted period

Prices: All prices are displayed in the applicable currency and include taxes when applicable. Prices may vary and will be those in effect at the time of purchase.

Payment processor: Payments are processed through Mercado Pago. By making a payment, you accept Mercado Pago's terms of service.

Billing: For each purchase, you will receive a payment receipt. To request an invoice, contact us through the contact form.

11. Right of Withdrawal

According to applicable consumer protection laws, you may have the right to revoke your purchase acceptance within TEN (10) calendar days from the purchase date, without needing to indicate the reason and at no cost.

Exceptions: The right of withdrawal does NOT apply when:

• The purchased credits have already been used in whole or in part
• The service has already been provided (images already processed)

How to exercise your right: To exercise the right of withdrawal, contact us through the contact form indicating:

• Your full name
• Your account email
• Purchase date and number
• Reason (optional)

The refund will be made within 10 business days through the same payment method used.

12. Subscription Cancellation

You can cancel your subscription at any time from your account or by contacting support. Cancellation will take effect at the end of the current billing period.

Proportional refunds: If you cancel before the end of the period, you can continue using the service until the end of the paid period. No proportional refunds are made for unused periods, except when exercising the right of withdrawal.

We reserve the right to suspend or terminate accounts that violate these terms, with prior notice to the user except in cases of serious or repeated violations.

13. Limitation of Liability

The Service is provided "AS IS" and "AS AVAILABLE". Without prejudice to consumer rights established by applicable law, to the maximum extent permitted by law:

• We do not guarantee that the Service will be uninterrupted, secure, or error-free
• We do not guarantee specific results from image processing
• We are not responsible for loss of user data or content

Limitation of liability: Our maximum liability is limited to the amount actually paid by the user in the last 12 months. This limitation does not apply in cases of fraud or gross negligence, nor does it affect non-waivable consumer rights.

14. Modifications to Service and Terms

We reserve the right to modify these terms. We will notify you of significant changes by email at least 15 days in advance. If you do not agree with the changes, you may cancel your account before they take effect.

Continued use of the Service after the effective date constitutes your acceptance of the new terms.

15. Dispute Resolution

For any inconvenience with the Service, we invite you to first contact us through the contact form to try to resolve the issue amicably.

Applicable law: These terms are governed by the laws of the Argentine Republic.

Jurisdiction: For any controversy that cannot be resolved amicably, the Ordinary Courts of the city of Comodoro Rivadavia, Province of Chubut, will be competent, without prejudice to the consumer's right to opt for the courts of their domicile.

16. Consumer Protection

Consumer Information:

To file complaints, you can contact us through the contact form on the site.

You can also file your complaint with the relevant consumer protection authorities in your jurisdiction.

17. Severability

If any provision of these Terms is deemed invalid or unenforceable, such provision shall be modified and interpreted to fulfill its objectives to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with the and Cookie Policy, constitute the entire agreement between you and Replicape regarding the use of the Service.Privacy Policy e a Cookie Policy.

19. Contact

For any questions related to these terms, you can contact us through the .contact form.