Last Updated: 20th January 2026
These Terms of Service (“Terms”) govern your access to and use of the Cartexel.AI website, applications, APIs, and AI-powered services (collectively, the “Services”) provided by Cartexel.AI Pty Ltd (“Company”, “we”, “us”, “our”).
By accessing or using the Services, you (“Customer”, “you”) agree to be bound by these Terms.
1. Eligibility & Authority
You represent and warrant that:
- You are at least 18 years old; and
- You have full legal authority to bind the business or entity you represent.
2. Description of Services
The Services provide artificial intelligence–powered tools to generate, enrich, transform, and optimise digital content, including but not limited to:
- Textual content (product descriptions, metadata, marketing copy)
- Visual content (images, image enhancements, background generation)
- Audiovisual content (videos generated from prompts, images, or other media)
AI outputs are generated using third-party artificial intelligence models based on Customer-provided inputs.
3. Customer Content, Licensing & Rights
You are solely responsible for all content you upload, submit, or use through the Services (“Customer Content”), including text, images, videos, graphics, logos, and other media.
You represent and warrant that:
- You own the Customer Content, or
- You have obtained all necessary rights, licences, permissions, and consents to:
- Upload and process the content
- Use AI systems to modify, enhance, or transform it
- Create derivative works
- Commercially use, publish, and distribute all outputs
Image → Video & Derivative Media
If you upload images to generate videos, animations, or other derivative media, you confirm that your licences explicitly permit modification, derivative works, and AI-based processing.
The Company does not verify licensing rights and assumes no responsibility for insufficient, invalid, or revoked permissions.
4. AI-Generated Content Disclaimer
You acknowledge that:
- AI-generated content may be inaccurate, incomplete, or unintended
- AI outputs are probabilistic and not guaranteed to be original
- Generated images or videos may resemble existing works
All AI-generated content requires human review prior to publication or commercial use.
The Company makes no guarantees regarding accuracy, originality, regulatory compliance, or business outcomes.
Customers are responsible for ensuring that AI-generated content is used and disclosed in accordance with applicable laws, including the EU Artificial Intelligence Act, where applicable.
5. Intellectual Property
- You retain ownership of Customer Content
- You own AI-generated outputs created specifically for you
- The Company retains all rights in the platform, software, workflows, prompts, models, and underlying technology
The Company may use anonymised and aggregated data to improve its Services.
6. Content Moderation & Acceptable Use
You agree not to use the Services to create, upload, generate, or distribute content that is unlawful, harmful, deceptive, or infringing.
6.1 Prohibited Content
You may not use the Services to create or distribute content that:
- Infringes copyrights, trademarks, or other intellectual property rights
- Uses images, videos, or media without proper licences
- Creates unauthorised derivative works
- Violates rights of publicity, privacy, or personality
- Produces deceptive or misleading media, including deepfakes
- Impersonates individuals, brands, or organisations
- Facilitates fraud, scams, or illegal activity
- Violates marketplace, advertising, or platform policies
6.2 Image & Video-Specific Restrictions
You may not:
- Generate videos using images you are not licensed to modify
- Create manipulated media likely to mislead viewers about real events
- Use identifiable individuals without lawful consent
You remain solely responsible for ensuring lawful derivative use of all media.
6.3 Monitoring & Enforcement
The Company reserves the right (but has no obligation) to:
- Investigate suspected violations
- Remove or disable content
- Suspend or terminate accounts
- Restrict access to the Services
- Report unlawful activity where required by law
Enforcement action may be taken without prior notice.
7. Fees & Subscriptions
The Services are provided on a subscription or usage-based pricing model.
Fees are non-refundable unless expressly stated otherwise.
Failure to pay may result in suspension or termination of access.
8. Data Security & Cybersecurity
The Company implements commercially reasonable administrative, technical, and organisational safeguards designed to protect Customer Data.
However, no system is completely secure. You acknowledge the inherent risks associated with internet-based services.
9. Security Incident Limitation
To the maximum extent permitted by law, the Company shall not be liable for:
- Cyberattacks, hacking, or unauthorised access
- Third-party infrastructure or AI provider failures
- Malware, ransomware, or zero-day exploits
- Compromised customer credentials, systems, or networks
The Company’s obligations are limited to reasonable remediation efforts consistent with industry standards.
10. Limitation of Liability
To the maximum extent permitted by law, and subject to your rights under the Australian Consumer Law (ACL):
10.1 No Indirect Damages
The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including:
- Loss of profits or revenue
- Loss of business or goodwill
- Loss, corruption, or exposure of data
- Intellectual property disputes or regulatory penalties
10.2 IP, Media & Licensing Claims
The Company assumes no liability for claims arising from:
- Customer Content
- AI-generated text, images, or videos
- Derivative works or transformations
- Improper or insufficient licensing or permissions
10.3 Liability Cap
The Company’s total aggregate liability shall not exceed the total fees paid by you to the Company in the twelve (12) months preceding the claim.
This clause survives termination of these Terms.
10A. Australian Consumer Law Notice
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy under the Australian Consumer Law (ACL) that cannot be excluded.
Where the Services are supplied to you as a “consumer” under the ACL, the Company’s liability is limited (at its option) to:
- Re-supply of the Services; or
- Payment of the cost of having the Services supplied again,
to the extent permitted by law.
11. Indemnification
You agree to indemnify, defend, and hold harmless the Company from any claims, damages, losses, liabilities, or expenses arising from:
- Customer Content
- AI-generated outputs
- Image or video licensing disputes
- Intellectual property infringement
- Content published or distributed by you
- Violation of these Terms or applicable laws
12. Service Availability
The Services are provided on an “as-is” and “as-available” basis.
The Company does not warrant uninterrupted or error-free operation.
13. Termination
The Company may suspend or terminate access for:
- Violation of these Terms
- Non-payment
- Misuse of the Services
You may cancel your subscription subject to applicable billing terms.
14. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of New South Wales, Australia, without regard to conflict of law principles.
You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
15. Changes to Terms
The Company may update these Terms from time to time. Continued use of the Services constitutes acceptance of the updated Terms.
16. Contact
Legal inquiries:
legal@cartexel.ai
Abuse reports:
abuse@cartexel.ai