Terms & Conditions

1. Introduction
- Splotch ("Service") is a SaaS product that uses AI to transform text into diagrams and vice versa. The Service is provided by Splotch, Inc. (“Company”), a duly registered company in Delaware, USA. By accessing or using our Service, you agree to comply with and be bound by the following terms and conditions ("Terms"). Please read these Terms carefully before using our Service.

2. Definitions- Company: The provider company for the Service is called Splotch, Inc. - Service: The AI-based text-to-diagram and diagram-to-text transformation service provided by the Company.- User: Any individual or entity accessing or using the Service.- Account: The account created by the User to access the Service.- Content: All information, text, graphics, or other materials inputted, uploaded, or generated by the User through the Service.

3. Account Registration- Users must register for an Account to access the Service.- Users agree to provide accurate and complete information during registration and to keep their account information up to date.- Users are responsible for maintaining the confidentiality of their Account credentials and for all activities that occur under their account.

4. Pricing and Payment- The Service is provided on a subscription basis. The monthly and annual subscription fees and payment terms are specified on our pricing page.- To allow Users to test the service, the Company offers a free 14 day trial of the Service. On or before the expiry of the trial period, the User may subscribe to the Service. After the end of the trial period the User may not sign up for another trial within the following 30 days. The User is also not entitled to a free trial of the Service within 30 days of the end of a paid subscription. The User may not use other identities to circumvent these provisions or they will be deemed in violation of these Terms.- All fees are non-refundable except as required by law.- We reserve the right to change our pricing at any time. Any pricing changes will be communicated to Users in advance.

5. Data Usage and Privacy
- Users retain ownership of all Content they submit to the Service.- By using the Service, Users grant the Company a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display the Content solely for the purpose of providing & improving the Service.- Company will not share or disclose User Content to third parties except as required by law or as necessary to provide the Service.- We implement reasonable security measures to protect User Content, but we cannot guarantee absolute security. Users are responsible for maintaining their own backups of their Content.

6. Acceptable Use- The trial of the Service is a single user trial and shall not be used to serve more than one person. During the trial period, the User may not exceed 5 saved diagrams at a time and no more than 110,000 OpenAI tokens. Any use beyond any of these thresholds shall constitute inacceptable use by the User. The Company reserves the right to revoke access to the Service if this occurs and may choose to disallow future trials or subscriptions by the User.- The subscription to the Service is a single user subscription and shall not be used to serve more than one person. During the subscription period, the User may not exceed 30 saved diagrams at a time and no more than 150,000 OpenAI tokens per 30 day period. Any use beyond any of these thresholds shall constitute inacceptable use by the User. The Company reserves the right to terminate the subscription and revoke access to the Service immediately and with no advance notice if this occurs and may choose to disallow future trials or subscriptions by the User.- Users agree not to use the Service for any unlawful or prohibited activities.- Users must not attempt to gain unauthorized access to the Service or any related systems or networks.- Users must not upload any Content that is illegal, offensive, or infringes the rights of any third party.

7. Termination- Users may terminate their subscription at any time by using the billing section on Splotch.- Upon termination by the User, the Users' access to the Service will continue to be active for the remainder of the paid subscription period. At that point, access to the Service will be revoked immediately.- The Company reserves the right to suspend or terminate a User's account for violations of these Terms or for any other reason at our sole discretion and without advance notice.

8. Indemnification- Users agree to indemnify and hold the Company, its affiliates, and their respective officers, directors, employees, and agents harmless from any claims, losses, damages, liabilities, including legal fees, arising out of their use or misuse of the Service, violation of these Terms, or infringement of any rights of another.

9. Limitation of Liability- The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) User's access to or use of or inability to access or use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service by any third party; (v) any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vi) User Content or the defamatory, offensive, or illegal conduct of any third party.

10.1 Refunds and dispute resolution- Refunds are considered on a case-by-case basis under the following circumstances:
- Technical Issues: If you encounter technical problems that prevent you from using the service as intended, and our support team is unable to resolve the issue within a reasonable timeframe.
- Billing Errors: In cases of accidental or erroneous charges, such as being charged for a subscription that you did not authorize or for services not rendered.

10.2 Non-Refundable Situations- Refunds will not be issued under the following circumstances:
- Change of Mind: If you decide to cancel after a subscription renewal or outside of the trial period without a valid reason.
- Inactivity: Lack of use or non-participation in the service does not warrant a refund.
- Violation of Terms: Refunds will not be issued if your account is suspended or terminated due to violations of our Terms of Service or Acceptable Use Policy.

10.3 Refund Request Process- To request a refund, follow these steps:
- Submit a Request: Email us at support@splotch.ink with the subject line "Refund Request" and include your account details, reason for the refund, and any supporting documentation.
- Review and Response: Our team will review your request within 14 business days and contact you if additional information is needed.
- Approval/Denial: If the refund is approved, it will be processed within 7 business days of approval. If denied, you will receive an explanation via email.

10.4 Dispute Resolution Process- We are committed to resolving any disputes in a fair and timely manner. If you have a dispute regarding our services or charges, follow the steps below:
- Contact Support: Please reach out to support@splotch.ink with a detailed description of the dispute, including any supporting evidence (e.g., screenshots, invoices).
- Investigation: Our team will investigate the matter within [7-14] business days and provide a response.Escalation: If the issue cannot be resolved through standard support channels, it will be escalated to our management team for review.Final - ---- Resolution: We will make every effort to resolve the dispute in good faith. If a resolution cannot be reached, you may choose to pursue third-party mediation or arbitration in accordance with our Terms of Service.6.
- Chargebacks: If you initiate a chargeback with your payment provider without first contacting us to resolve the issue, your account may be suspended or terminated. We encourage all customers to communicate with us directly to resolve disputes before initiating chargebacks.

10.5 Changes to This Policy- We reserve the right to modify or update this Refund and Dispute Policy at any time. Any changes will be communicated through our website or via email notification.If you have any questions or concerns about this policy, please contact us at support@splotch.ink

10.6 Arbitration- Any disputes arising out of or relating to these Terms will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.- The arbitration will take place in Delaware, and the judgment on the arbitration award may be entered into any court having jurisdiction thereof.

11. Governing Law- These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

12. Changes to TermsThe Company reserves the right to modify these Terms at any time. Changes will be effective upon posting to our website. Continued use of the Service after any such changes constitutes your acceptance of the new Terms.

For any questions about these Terms, please contact us at  support@splotch.ink. By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.