Terms of Use

01Introduction

Welcome to Specks. These Terms of Use ("Terms") govern your access to and use of Specks, including the website located at tryspecks.com, the Specks application, platform, tools, features, content, and related services (collectively, the "Service"). The Service is operated by CBMO AI Inc., a Delaware corporation ("Specks," "we," "us," or "our").

By accessing or using the Service, creating an account, purchasing a subscription, or otherwise using Specks, you agree to these Terms and our Privacy Policy and AI Disclosure. If you do not agree with these Terms, you should not use the Service.

02The Specks Service

Specks is an AI-powered brand design platform that helps businesses, freelancers, designers, and other users create and manage brand assets. Depending on the features available to you, Specks may allow you to create:

• •Logo concepts and variations;
• •Brand kits;
• •Brand guidelines;
• •Color palettes;
• •Typography recommendations;
• •Visual design concepts;
• •Brand-related assets;
• •Design variations and refinements; and
• •Other AI-assisted creative outputs.

Features may change, be added, removed, or modified over time.

03Eligibility

You must be at least 18 years old, or the minimum age required to enter into a legally binding contract in your jurisdiction, to use Specks. If you use Specks on behalf of a company, business, organization, or other entity, you represent that you have authority to accept these Terms on its behalf.

04Your account

Some features require you to create an account. You agree to:

• •Provide accurate and current information;
• •Keep your account information up to date;
• •Protect your login credentials;
• •Not share your account in a manner that violates your subscription or these Terms;
• •Notify us promptly if you believe your account has been compromised; and
• •Be responsible for activity occurring through your account, except to the extent caused by our failure to maintain reasonable security.

You may not create an account using false information or impersonate another person or organization.

05Your content

"Your Content" means information, text, images, files, logos, brand materials, prompts, instructions, references, and other materials that you upload, submit, provide, or otherwise make available to Specks. You retain your ownership rights in Your Content.

You grant CBMO AI Inc. a limited, worldwide, non-exclusive license to host, store, reproduce, process, transmit, modify, and otherwise use Your Content only as reasonably necessary to:

• •Provide the Service;
• •Generate requested outputs;
• •Maintain and operate Specks;
• •Secure the Service;
• •Provide customer support;
• •Prevent fraud and abuse; and
• •Perform other activities described in our Privacy Policy.

You represent and warrant that you have all rights, licenses, and permissions necessary to provide Your Content to Specks and for us to process it as contemplated by these Terms.

06AI-generated outputs

Specks uses artificial intelligence to generate or assist with certain outputs. AI-generated outputs ("Outputs") may include logos, designs, brand guidelines, text, color palettes, typography recommendations, images, and other creative materials. You acknowledge that:

• •AI outputs may contain errors or unintended elements;
• •AI outputs may not always follow your instructions exactly;
• •Similar or substantially similar outputs may be generated for different users;
• •AI outputs may not be unique or exclusive;
• •AI outputs may incorporate patterns or elements that resemble existing works;
• •Specks does not guarantee that an Output is suitable for your intended commercial use; and
• •You are responsible for reviewing Outputs before using them.

Additional information is provided in our AI Disclosure.

07Ownership of outputs

Subject to these Terms and applicable law, Specks does not claim ownership of the specific Outputs generated for you. However, the legal status and protectability of AI-generated material varies by jurisdiction. An Output may not qualify for copyright, trademark, design-right, or other intellectual-property protection simply because it was generated through Specks. You therefore acknowledge that:

• •We do not guarantee that an Output is legally protectable;
• •We do not guarantee exclusive rights in an Output;
• •Another user may receive a similar or substantially similar Output; and
• •You are responsible for determining whether an Output can legally be used, registered, protected, or commercialized.

Nothing in these Terms transfers ownership of Specks' software, technology, models, systems, templates, interface, or other proprietary materials to you.

08Trademark and brand name responsibility

Specks is a brand-design tool and is not a trademark search, trademark clearance, or legal service. Before commercially adopting a logo, brand name, symbol, slogan, or other brand element, you should conduct appropriate searches and, where appropriate, obtain advice from a qualified intellectual-property professional. Specks does not guarantee:

• •Trademark availability;
• •Trademark registrability;
• •Copyright protection;
• •Design-right protection;
• •Domain-name availability;
• •Non-infringement;
• •Exclusivity; or
• •Commercial suitability.

You are solely responsible for determining whether your chosen brand assets are available for use or registration.

09Acceptable use

You may use Specks only for lawful purposes and in accordance with these Terms. You may not:

• •Violate applicable laws or regulations;
• •Infringe another person's intellectual-property, privacy, publicity, or other rights;
• •Upload content you do not have permission to use;
• •Use Specks to impersonate another person or organization;
• •Generate fraudulent or deceptive materials;
• •Use Specks to facilitate unlawful activity;
• •Upload malware, malicious code, or harmful files;
• •Attempt to gain unauthorized access to Specks or its systems;
• •Reverse engineer, decompile, disassemble, or attempt to extract source code from the Service, except where applicable law expressly permits it;
• •Circumvent usage limits, security mechanisms, or access controls;
• •Scrape, crawl, or systematically extract data from Specks without our written permission;
• •Abuse free trials, credits, promotional offers, or other usage mechanisms;
• •Resell or sublicense the Service except where expressly permitted;
• •Interfere with the operation or security of the Service; or
• •Use the Service in a manner that could reasonably harm Specks, its infrastructure, or other users.

10Subscriptions and paid services

Some Specks features require a paid subscription or purchase. Applicable pricing, billing frequency, included features, credits, usage limits, and other commercial terms will be presented at the time of purchase. Unless otherwise stated:

• •Subscriptions renew automatically for the selected billing period;
• •You authorize our payment provider to charge the applicable fees;
• •You may cancel before your next renewal date;
• •Cancellation generally prevents future renewal but does not automatically provide a refund for the current billing period; and
• •Taxes or other legally required charges may be added to the displayed price.

We may change pricing or subscription features prospectively by providing reasonable notice where required.

11Payment processing

Payments for Specks are processed through Stripe. Stripe may collect and process payment and billing information necessary to complete transactions, prevent fraud, manage subscriptions, and provide payment services. Specks generally does not directly store your complete payment-card information when the payment is processed through Stripe. Your use of Stripe's payment services may also be subject to Stripe's terms and privacy practices.

12Credits and usage limits

Certain Specks features may use credits, quotas, generation limits, storage limits, or other usage mechanisms. Unless otherwise stated:

• •Credits have no cash value;
• •Credits cannot be transferred between accounts;
• •Credits cannot be redeemed for cash;
• •Credits may be subject to expiration or other restrictions disclosed at purchase; and
• •We may implement reasonable limits to prevent abuse or excessive automated use.

We may modify usage limits and credit structures prospectively.

13Free trials and promotional offers

From time to time, Specks may offer free trials, promotional credits, discounts, or other promotional offers. Unless otherwise stated:

• •Promotional offers are available only under the conditions specified for the offer;
• •We may limit eligibility;
• •Promotional benefits may not be transferred or resold;
• •We may withdraw or modify a promotion where permitted by law; and
• •Additional terms may apply to a specific promotion.

If a free trial converts into a paid subscription, the applicable pricing and renewal terms will be disclosed before or during enrollment.

14Intellectual property

The Specks Service and its underlying technology are owned by or licensed to CBMO AI Inc. and are protected by applicable intellectual-property laws. This includes, without limitation:

• •Specks software;
• •Source code and object code;
• •User interface;
• •Website design;
• •Specks trademarks and branding;
• •Documentation;
• •Product architecture;
• •Proprietary systems;
• •Templates and components;
• •Non-user-generated design assets; and
• •Other proprietary materials.

Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, license, lease, reverse engineer, or create derivative works from the Service. Your use of Specks does not grant you ownership of Specks' underlying technology.

15Feedback

If you provide suggestions, ideas, recommendations, or feedback regarding Specks ("Feedback"), you grant us the right to use, reproduce, modify, and incorporate that Feedback into our products and services without restriction or compensation, provided that we do not use your confidential information in a manner inconsistent with our Privacy Policy.

16Third-party services

Specks may use or integrate with third-party services, including providers for:

• •AI infrastructure;
• •Cloud hosting;
• •Payments;
• •Authentication;
• •Analytics;
• •Security;
• •Communications;
• •Storage; and
• •Other technology services.

Third-party services may have their own terms and privacy policies. We are not responsible for the availability, functionality, security, or practices of third-party services except to the extent required by applicable law.

17Service availability

We aim to make Specks reliable and available but do not guarantee uninterrupted or error-free operation. The Service may be unavailable or degraded because of:

• •Maintenance;
• •Updates;
• •Security incidents;
• •Infrastructure failures;
• •Third-party service interruptions;
• •Network or internet failures;
• •Changes to the Service; or
• •Circumstances beyond our reasonable control.

18Disclaimers

To the maximum extent permitted by law, Specks is provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we do not guarantee that:

• •The Service will always be available;
• •The Service will be error-free;
• •AI outputs will be accurate;
• •AI outputs will be unique;
• •AI outputs will be free from unintended elements;
• •AI outputs will be suitable for your business;
• •AI outputs will be eligible for intellectual-property protection;
• •AI outputs will not infringe third-party rights;
• •A logo or brand asset will be available for trademark registration; or
• •The Service will meet your particular requirements.

Specks does not provide legal, trademark, accounting, financial, or other professional advice. Nothing in these Terms excludes any warranty or right that cannot legally be excluded under applicable law.

19Limitation of liability

To the maximum extent permitted by applicable law, CBMO AI Inc., its affiliates, officers, directors, employees, contractors, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, revenue, business opportunities, goodwill, data, or anticipated savings arising from or relating to your use of the Service.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Service or these Terms will not exceed the greater of:

• •(a) The amount you paid to Specks for the Service during the twelve months before the event giving rise to the claim; or
• •(b) USD $100.

Nothing in these Terms limits liability that cannot legally be limited or excluded under applicable law.

20Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless CBMO AI Inc., its affiliates, officers, directors, employees, contractors, licensors, and service providers from claims, liabilities, damages, losses, costs, and expenses arising from or relating to:

• •Your use of the Service;
• •Your Content;
• •Your violation of these Terms;
• •Your violation of applicable law; or
• •Your infringement or violation of another person's rights.

21Suspension and termination

You may stop using Specks at any time. We may suspend or terminate your access to the Service if:

• •You materially violate these Terms;
• •Your activity creates security, legal, or operational risks;
• •You engage in fraud, abuse, or unauthorized use;
• •Required by law;
• •Payment obligations remain unpaid; or
• •We discontinue all or part of the Service.

Where reasonably practicable, we may provide notice and an opportunity to remedy a violation before termination. Upon termination, your right to use the Service will end. Provisions that by their nature should survive termination — including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.

22Your data after termination

Following account termination, we may retain or delete account information and content in accordance with our Privacy Policy, legal obligations, backup procedures, and legitimate business requirements. You should download any content you wish to retain before terminating your account where the Service provides an export or download capability.

23Changes to the Service

We may modify, update, suspend, or discontinue any part of Specks at any time. Where required by law, we will provide appropriate notice of material changes that adversely affect paid services. We are not required to maintain a particular feature, design, AI model, integration, or functionality indefinitely.

24Changes to these Terms

We may update these Terms from time to time. If we make material changes, we may provide reasonable notice where required by applicable law. The updated Terms will become effective on the date stated at the beginning of the revised Terms. Your continued use of Specks after the effective date constitutes acceptance of the revised Terms to the extent permitted by law.

25Governing law

These Terms will be governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except to the extent that mandatory consumer-protection laws in your jurisdiction apply. Any dispute will be subject to the jurisdiction of the courts located in Delaware, United States, unless applicable law provides otherwise. Nothing in this section limits rights that cannot legally be waived by consumers under the laws applicable to them.

26General provisions

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions will remain in effect.

Our failure to enforce a provision of these Terms does not constitute a waiver of our right to enforce it later.

You may not assign or transfer your rights or obligations under these Terms without our prior written consent, except where applicable law permits such transfer. We may assign these Terms in connection with a merger, acquisition, corporate restructuring, financing, or sale of assets.

These Terms, together with our Privacy Policy, AI Disclosure, Cookie Policy, and any additional terms presented for specific features, constitute the agreement between you and CBMO AI Inc. concerning your use of Specks.

27Contact us

Specks is operated by:

CBMO AI Inc.
Delaware, United States

For questions regarding these Terms:

hello@tryspecks.com
Website: https://tryspecks.com