Welcome to Qreative AI! We provide a cloud-based platform (Platform) where you can create images, design artistic QR codes, train your own AI models, and explore many other generative AI features.
In these Terms, when we say you or your, we mean both you and any entity you are authorized to represent (such as your employer). When we say we, us, or our, we mean Qreative AI Pty Ltd (ACN 671711890).
These Terms form our contract with you and set out our obligations as a service provider, as well as your obligations as a customer. You cannot use our Services unless you agree to these Terms.
Some capitalized words in these Terms have specific definitions, and each time that word is used in these Terms, it carries the same meaning. You can find a list of these defined words and their meanings at the end of these Terms.
If you have any questions about these Terms, or need to get in touch with us, please email: hi@qreative.ai
These Terms were last updated on 13 March 2025.
OUR DISCLOSURES
Please read these Terms carefully before you accept. We draw your attention to the following:
• Privacy Policy: Please review our Privacy Policy on our website to understand how we collect, use, and protect your personal information.
• Clause 1.3 (Variations): This clause explains how we may amend these Terms.
• Clause 4 (Subscription): This clause provides important details about your subscription, including cancellation rights and auto-renewal terms.
• Clause 7 (Disclaimers regarding AI-Generated Content and Large Language Models): This clause outlines our disclaimers and important considerations when using our Platform and Services.
• Clause 12 (Liability): This clause sets forth the exclusions and limitations of our liability under these Terms.
Additionally, we may receive a benefit—such as a referral fee or commission—if you visit certain third-party websites through links on our Platform or for featuring specific goods or services.
These Terms do not intend to limit your rights and remedies under the law, including any rights provided under applicable consumer protection legislation.
1. Engagement and Term
1.1 These Terms apply from the moment you sign up for an Account until your Account is terminated in accordance with these Terms. We grant you a right to use our Services for that period only.
1.2 If you are under the age of 18, you must have obtained consent from a parent, guardian, or another responsible adult to use our Platform.
1.3 Variations: We may amend these Terms at any time by providing you written notice. By clicking “I accept” or continuing to use our Platform after 30 days from notification (whichever is earlier), you agree to the amended Terms. If you do not agree, you may close your Account and cancel your Subscription effective on the date of the change by notifying us in writing. In the event of cancellation: you will lose access to our Services from the cancellation date.
2. Our Services
2.1 We provide you with:
(a) access to our Platform; and
(b) access to our troubleshooting support (Support Services). (Collectively, our Services.)
2.2 If you require Support Services, you may request them by contacting us through our Platform.
2.3 Should we need access to your premises or computer systems to provide our Services, you agree to grant us such access free from risk to our employees and contractors.
2.4 We are not responsible for any other services unless expressly provided for in these Terms or on our Platform.
2.5 Additional Services: If you need additional services, we may, at our sole discretion, provide these (to be scoped and priced in a separate contract).
2.6 Third-Party Products or Services: Where you integrate or engage third parties to operate alongside our Services (for example, third-party software systems), those third parties are independent of us, and you are responsible for their goods or services, unless we expressly agree otherwise as per clause 2.5.
3. Account
3.1 You must sign up for an Account to access and use our Services and Platform.
3.2 Under a Teams Plan, you may invite Authorized Users to access our Services under your Account. Each Authorized User requires a unique login linked to your Account. You are responsible for ensuring that all Authorized Users comply with these Terms. You may modify your Authorized Users and their permissions at any time via your Account. Any limitations on the number of Authorized Users will be clearly set out in your Account or on our Platform.
3.3 While you have an Account, you agree to:
(a) keep your information up-to-date and accurate;
(b) keep usernames and passwords secure and confidential; and
(c) notify us immediately if you suspect any unauthorized access to your Account.
3.4 If your Account remains inactive for 12 months or more, we may close and permanently delete your Account. You acknowledge that doing so will result in the loss of any generated content. We will notify you via the email address associated with your Account before deletion.
4. Subscriptions
4.1 Once you create an Account, you may choose a Subscription as outlined on our Platform, which includes details regarding features, limitations, Subscription Fees, and Subscription Periods.
4.2 During your Subscription Period, you will be billed on a recurring basis according to the Billing Cycle set out on our Platform.
4.3 You can upgrade or downgrade your Subscription at any time via your Account. Upgrades take effect immediately (with a pro-rata adjustment), while downgrades will take effect at the start of the next Billing Cycle.
4.4 Subscription Fees will be billed at the beginning of each Billing Cycle. Our available payment methods are set out on our Platform. Should you choose to pay via a third-party processor, you must also agree to their terms and conditions, which will be provided on our Platform.
4.5 You must not use fraudulent or unlawful means to pay your Subscription Fees. If paying by debit or credit card, you must be the authorized cardholder. If using direct debit, by providing your bank details and accepting these Terms, you authorize our payment processor to debit your account as per your Subscription.
4.6 Pausing Your Subscription: You may pause your Subscription for a maximum of three months per Subscription Period by notifying us via your Account. While paused, you and your Authorized Users will not have access to our Services, and you will not be charged Subscription Fees during the pause (calculated on a pro-rata basis).
4.7 Cancellation: Your Subscription continues for the current Subscription Period and will automatically renew at the end of each period, provided all Subscription Fees have been paid. If you cancel your Subscription through your Account, cancellation will take effect at the end of your current Subscription Period, and your Subscription will not renew.
4.8 Late Payments: If any Subscription Fees are not paid on time, we may suspend your access to our Services and charge interest on overdue amounts at a rate equal to the Reserve Bank of Australia’s cash rate plus 2% per annum, calculated daily and compounding monthly.
4.9 Taxes: You are responsible for any taxes, levies, or other charges associated with your use of our Services, such as sales taxes, value-added taxes, or withholding taxes, unless we are required by law to collect these on your behalf.
5. Platform Licence
5.1 While you maintain an Account, Qreative AI Pty Ltd grants you and your Authorized Users a limited, non-transferable, and non-exclusive right to use our Platform. This right is subject to the conditions of your Subscription (as set out on our Platform or within your Account) and may be suspended or revoked in accordance with these Terms.
5.2 You must not (and must ensure your Authorized Users do not):
(a) Use our Platform in any manner that violates any law, infringes any rights (including intellectual property or privacy rights), or creates civil or criminal liability;
(b) Interfere with or disrupt the operation of our Platform or others’ access to it;
(c) Introduce viruses or malicious software into our Platform;
(d) Use any unauthorized or modified version of our Platform—whether to develop competing software or to gain unauthorized access;
(e) Attempt to access data or systems for which you lack proper authorization;
(f) Use our Platform for service bureau purposes, outsourcing, renting, reselling, sublicensing, concurrent logins, or time-sharing;
(g) Circumvent any user authentication or security measures on our networks or third-party systems; or
(h) Transmit, publish, or communicate content that is defamatory, offensive, abusive, or otherwise objectionable, as determined in our sole discretion.
6. Availability, Disruption and Downtime
6.1 Qreative AI strives to ensure continuous access to our Services; however, we do not guarantee 100% availability. Our Services, including the Platform, may be subject to disruptions—whether due to scheduled maintenance, emergency repairs, or issues with third-party providers.
6.2 We rely on various third-party services (e.g., cloud hosting providers) for our operations. To the maximum extent permitted by law, Qreative AI is not liable for any downtime or disruptions caused by such third-party providers.
6.3 We will provide reasonable notice of any planned maintenance or expected disruptions where possible.
7. Disclaimer Regarding Generative AI and Large Language Models
7.1 Our Platform leverages generative AI and large language models to produce Generated Content (including text, images, audio, and video). You acknowledge that such Generated Content might sometimes include inaccuracies, biases, or misleading elements. It is your responsibility to verify the accuracy, reliability, and suitability of any Generated Content before relying on it.
7.2 Except as otherwise required by applicable Consumer Law, Generated Content is provided “as is” without warranties—express or implied—including warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Qreative AI disclaims all liability for errors, omissions, or damages arising from your use or reliance on Generated Content.
8. Ownership of Inputs & Outputs
8.1 You may submit various materials (Inputs) to our Platform and receive generated results (Outputs). Collectively, these are referred to as “Content.”
8.2 You are solely responsible for ensuring that you have all necessary rights, licenses, and permissions for any Inputs you submit. You retain ownership of your Inputs.
8.3 For users on our paid Subscriptions (Paid Subscribers), all Intellectual Property Rights in any Content you or your Authorized Users create on the Platform will vest in you upon creation, subject to the terms of your Subscription. If such rights do not automatically vest in you, Qreative AI hereby assigns them to you and agrees to take any necessary steps to ensure your title.
8.4 Paid Subscribers may designate their Content as public or private. Public Content is accessible to all Platform users, whereas Private Content is accessible only to you and your Authorized Users, as specified by your Subscription plan.
8.5 You grant Qreative AI a non-exclusive, irrevocable, royalty-free, worldwide license to use your Private Content solely for providing, maintaining, and supporting our Services. We will not use, analyze, or process your Private Content for any other purpose—such as training our AI models or developing new offerings—without your express written consent.
8.6 For Public Content, you grant Qreative AI a non-exclusive, irrevocable, perpetual, royalty-free, and worldwide license to use, reproduce, modify, and distribute such Content for the purposes of maintaining, promoting, and improving our Services, including for training our AI models or for other commercial purposes.
8.7 If you are a Free Subscriber, all Intellectual Property Rights in any Content generated on the Platform will vest in Qreative AI upon creation, and you hereby assign any such rights to us.
8.8 If you or your personnel hold any Moral Rights in material associated with these Terms, you agree (and will ensure that your personnel agree) to waive or consent to any use or modification of such material by Qreative AI.
9. Ownership of Services, Platform, and Data
9.1 Qreative AI Pty Ltd owns all intellectual property rights in our Services, including the look and functionality of our Platform, our copyrighted works, trademarks, inventions, designs, and other intellectual property (collectively, “Our Materials”). You agree not to copy, reverse-engineer, or otherwise misuse our intellectual property without our written permission. Nothing in these Terms transfers any Intellectual Property Rights in Our Materials to you.
9.2 All Intellectual Property Rights in any modifications, enhancements, or improvements to our Platform or Our Materials (“Platform Developments”) shall remain exclusively with Qreative AI Pty Ltd. To the extent such rights do not automatically vest in us, you hereby assign them to us and agree to perform any necessary actions to perfect our title.
9.3 We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable, and non-transferable license, for the duration of your Subscription, to use Our Materials solely for accessing and enjoying our Services as provided under these Terms.
9.4 Any feedback or suggestions you provide may be used by us in any manner, without any obligation or benefit due to you.
9.5 We may generate anonymised statistical data from your usage of our Services. Once anonymised, we own that data and may use it for service improvement, research, or promotional purposes, provided that the data cannot be traced back to you.
10. Confidential Information and Personal Information
10.1 In using our Services, you may disclose confidential information to us, and you may also receive confidential information about Qreative AI Pty Ltd. Both parties agree to use such confidential information solely for the purposes of performing under these Terms and to take reasonable steps to prevent its disclosure to any third party without consent.
10.2 Notwithstanding the above, either party may disclose confidential information if required by law or regulation, provided that reasonable notice is given to the other party when possible.
10.3 We collect, use, and disclose your personal information in accordance with our Privacy Policy, which is available on our website and complies with applicable privacy laws.
10.4 You must only provide personal information that you are authorised to disclose.
10.5 We may share your personal information with our affiliates, service providers, or professional advisors as needed to deliver our Services, subject to appropriate confidentiality safeguards.
10.6 When required by law to report on our activities, you agree to provide us with any necessary information within a reasonable timeframe.
11. Consumer Law Rights
11.1 These Terms do not affect your rights under applicable consumer protection laws (“Consumer Law Rights”). Nothing in these Terms is intended to exclude, restrict, or modify your Consumer Law Rights.
11.2 In jurisdictions such as Australia, if our Platform is not ordinarily used for personal, household, or domestic purposes, our liability for any breach of your Consumer Law Rights is limited to either resupplying our Services or refunding the cost of having our Services resupplied for the remaining Subscription Period.
12. Liability
12.1 To the maximum extent permitted by law, Qreative AI Pty Ltd will not be liable for, and you hereby release us from, any liability arising from or in connection with: (a) your computing environment (e.g. your hardware, software, IT systems, and telecommunications services); or (b) any use of our Services by any person or entity other than you or your Authorized Users.
12.2 Notwithstanding anything else in these Terms, to the maximum extent permitted by law:
(a) neither we nor you shall be liable for any consequential loss;
(b) each party’s liability for any claim under these Terms will be reduced proportionately to the extent that the claim was caused by the other party’s actions or inactions, including any failure to mitigate loss;
(c) where our Services are not ordinarily acquired for personal, domestic, or household use, our liability for any breach of your Consumer Law Rights is limited (at our discretion) to either re-supplying our Services or refunding the cost of having our Services re-supplied; and
(d) our aggregate liability to you arising from or in connection with these Terms will be limited to the amount of Subscription Fees you have paid for the relevant Services, or if you are not a subscriber, to AU$1,000.
13. Notice Regarding Apple
13.1 If you access our Platform via an iOS device using a mobile application from the Apple App Store, you acknowledge that these Terms are between you and Qreative AI Pty Ltd only, and Apple Inc. is not responsible for our Platform or its content.
13.2 Apple is not obliged to provide maintenance or support for our Platform.
13.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple, who will refund the purchase price of the application. Apple has no further warranty obligations.
13.4 Apple is not responsible for any claims, losses, liabilities, or damages arising from your use of our mobile application, including claims related to product liability, non-conformance with legal or regulatory requirements, or consumer protection issues.
13.5 Apple is not responsible for investigating, defending, or settling any third-party claim that our mobile application infringes on their intellectual property rights.
13.6 You agree to comply with any applicable third-party terms when using our mobile application.
13.7 Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
13.8 You represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
14. Suspension and Termination
14.1 We may suspend your access to our Services if: (a) we reasonably believe there has been any unauthorized access or use of our Services (such as sharing login details); (b) you transmit or input material that is offensive or violates any law; or (c) you otherwise breach these Terms.
14.2 If your access is suspended, we will notify you and work with you to resolve the issue within 14 days. If it cannot be resolved, we may terminate your Account, and your access to our Services will cease.
14.3 We may terminate these Terms (and your access to our Services) if:
(a) you fail to pay your Subscription Fees when due;
(b) you or your Authorized Users breach these Terms and do not remedy the breach within 14 days of notification (or if the breach is non-remediable, we may immediately ban you or your Authorized Users);
(c) you breach these Terms in a way that cannot be remedied; or
(d) you experience an insolvency event (including bankruptcy, liquidation, or similar proceedings).
14.4 You may terminate these Terms if we breach them and do not remedy the breach within 14 days of notification, or if the breach is non-remediable. In such a case, if you have paid Subscription Fees upfront, you will receive a pro-rata refund for the unused portion of your Subscription Period.
14.5 You may also terminate these Terms at any time by notifying us via your Account or by email. Your termination will take effect at the end of your current Subscription Period, and your Subscription will not be renewed.
14.6 Termination of these Terms does not affect any accrued rights or liabilities of either party.
15. General
15.1 Assignment: You may not transfer or assign these Terms (including any benefits or obligations) to any third party without our prior written consent. We may assign or transfer these Terms or any debt owed by you to a third party.
15.2 Disputes: Neither party shall commence court proceedings relating to any dispute arising from these Terms without first attempting in good faith to resolve the matter. If unresolved, and where you are resident or incorporated in Australia, refer the dispute to mediation via the Australian Disputes Centre in accordance with their guidelines. For non-Australian residents, refer the dispute to arbitration administered by the Australian Centre for International Commercial Arbitration in Sydney, conducted in English and per ACICA rules.
15.3 Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations if such delay or failure is caused by events beyond our reasonable control.
15.4 Governing Law: These Terms are governed by the laws of New South Wales. All disputes shall be exclusively determined by the courts in New South Wales (and any courts entitled to hear appeals from them).
15.5 Illegal Requests: We reserve the right to refuse any request for or in relation to our Services that we deem inappropriate, unethical, unreasonable, illegal, or non-compliant with these Terms.
15.6 Marketing: You agree that we may send you electronic communications about our products and services. You may opt out at any time via the unsubscribe function in our communications.
15.7 Nature of Legal Relationship: These Terms do not create, nor should they be interpreted as creating, any partnership, joint venture, employment, or agency relationship between you and Qreative AI Pty Ltd.
15.8 Notices: Any notice you send to us must be sent to the email provided in these Terms. Any notice we send to you will be sent to the email address registered with your Account.
15.9 Survival: Clauses 7 to 14 (and any other provisions that by their nature should survive termination) shall survive the termination or expiry of these Terms.
15.10 Third-Party Sites: Our Platform may contain links to third-party websites. We do not control or endorse the content or goods/services provided by these sites. If you purchase from a third-party site via our Platform, such transactions are solely between you and the third party. We may receive benefits (including referral fees or commissions) for featuring certain third-party links, which will be clearly identified.
16. Definitions
16.1 In these Terms, the following definitions apply:
• Account: The user account you create to access and use our Services, under which Authorized Users may be granted access.
• Authorized User: A person you invite to access and use our Platform under your Account.
• Consequential Loss: Any indirect, special, or consequential loss, including loss of profit, revenue, business, goodwill, opportunity, or data. (However, your payment obligations do not constitute “Consequential Loss.”)
• Intellectual Property Rights: All rights, title, and interest in and to any copyrights, patents, trademarks, designs, domain names, know-how, trade secrets, software, databases, or source codes, including any improvements or modifications thereof.
• Liability: Any expense, cost, loss, damage, claim, or judgment (direct, indirect, or consequential), whether arising under statute, contract, equity, tort, or otherwise.
• Moral Rights: Rights under the Copyright Act 1968 (Cth) or any analogous rights in other jurisdictions.
• Our Materials: All intellectual property owned by or licensed to Qreative AI Pty Ltd, including any improvements or modifications.
• Personal Information: Any information that identifies or can reasonably be used to identify an individual, regardless of whether it is recorded in a tangible form.