Be Artist

Terms and Conditions

Effective Date: 20 February 2025

Welcome to Be Artist (“Platform”). The following Terms and Conditions (“Terms”) govern your use of the Platform operated by BServed Best OÜ, a company registered in Estonia under registration number 16962592 with its registered address at Harju maakond, Tallinn, Põhja-Tallinna linnaosa, Tööstuse tn 48, 10416, Estonia (“we,” “us,” or “our”). Please read these Terms carefully. By accessing or using beartist.net (the “Website”), you agree to be bound by these Terms. If you do not agree with any part of these Terms, please discontinue use of the Platform immediately.

1. Introduction & Scope

1.1 Platform Overview
Be Artist is an AI-powered image generation platform enabling users (“User” or “you”) to create digital artwork and visuals (“Artwork”). These Terms outline your rights, obligations, and restrictions when using the Platform.

1.2 Acceptance of Terms
By creating an account, accessing the Platform, or otherwise engaging with our services, you acknowledge that you have read, understood, and agree to these Terms, as well as any related policies (e.g., our Privacy Policy and Cookie Policy). We reserve the right to modify or update these Terms at any time. Changes will become effective upon posting on the Website, and continued use of the Platform after such updates indicates acceptance of the revised Terms.

2. Definitions

“Account”: A registered user profile containing personal information and activity data.
“Artwork”: Any digital images or other visual content generated or customized by the Platform’s AI technology.
“Content”: Text, images, files, or any other materials displayed, uploaded, or transmitted through the Platform, including User-Generated Content and Artwork.
“Restricted Territories”: Countries or regions where the Platform is not available due to legal, regulatory, or policy constraints. This includes, without limitation: Afghanistan, Belarus, Cuba, Iran, North Korea, Russia, Syria, Venezuela, Yemen, and any other regions subject to international sanctions. This list may be updated in accordance with applicable laws and regulations.

3. User Eligibility

3.1 Age Requirement
To use the Platform, you must be at least 18 years old or have obtained consent from a parent or legal guardian who agrees to be bound by these Terms on your behalf.

3.2 Location Restrictions
Use of the Platform is prohibited if you reside in or are accessing the Platform from a Restricted Territory. We reserve the right to update the list of Restricted Territories and to block access to any User located in these regions.

3.3 Compliance
By using the Platform, you represent and warrant that you:

Will comply with all applicable local, state, national, and international laws and regulations.
Have the right, authority, and capacity to enter into these Terms and to abide by them.

4. Description of Services

4.1 AI-Driven Image Generation
Be Artist offers tools to generate and customize artwork using artificial intelligence. Features may include but are not limited to:

Customizable templates and style filters
Artistic effects and enhancements
Editing tools and image adjustments

4.2 Service Modifications
We reserve the right to modify or discontinue any aspect of the Platform, temporarily or permanently, with or without notice. We assume no liability for any modification, suspension, or discontinuance of our services.

5. User Account Obligations

5.1 Registration
Some features of the Platform may require you to create an Account by providing accurate, current, and complete information (e.g., name, email address). You agree to keep this information updated and accurate at all times.

5.2 Security & Confidentiality
You are solely responsible for safeguarding your Account credentials (username and password). Any activity under your Account is deemed to be yours. If you suspect unauthorized use or a security breach, you must notify us immediately at the contact details provided below.

5.3 Inactivity & Suspension
If your Account remains inactive for six (6) consecutive months, we reserve the right to suspend or terminate your access to the Platform. We may attempt to contact you prior to taking such action.

6. Payment & Refund Policy

6.1 Fees & Pricing
Certain features or higher usage tiers may require payment of fees. All applicable fees and payment terms will be clearly outlined on our Website. We may change our pricing or introduce new fees at our discretion, but such changes will not affect purchases already made.

6.2 Payment Methods
We accept various payment methods, such as credit or debit cards and other secure payment gateways. You are responsible for providing valid payment details and ensuring sufficient funds or credit limits.

6.3 Refund Eligibility
You may request a refund only under specific circumstances, including:

The Artwork you purchased is corrupted, defective, or fails to render properly.
You have not accessed or downloaded the Artwork.
Your request is made within fourteen (14) days of the purchase date.

6.4 No Refund Situations
Refunds are not granted if:

You change your mind or decide you no longer want the Artwork.
You have already downloaded or accessed the Artwork.
The fourteen (14) day refund window has passed.
The refund pertains to prepaid top-ups or deposits made to your Account.

6.5 Refund Processing
Approved refunds will be processed through the original payment method. Processing times vary depending on your financial institution.

7. Intellectual Property

7.1 Ownership
All software, designs, functionalities, trademarks, and copyrights associated with the Platform are exclusively owned by BServed Best OÜ or its licensors. This includes but is not limited to any code, databases, and user interfaces.

7.2 License to Use
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Platform for personal or internal business purposes. You may not:

Copy, modify, distribute, sell, license, or exploit any part of the Platform.
Reverse-engineer, decompile, or attempt to extract source code.
Use automated scraping or data extraction tools without our explicit written consent.

7.3 User-Generated Content
You retain ownership of any content, including Artwork, that you create or upload to the Platform. However, by creating or uploading such content, you grant us a non-exclusive, transferable, worldwide, royalty-free license to use, reproduce, distribute, modify, and display the content solely for the purpose of operating, promoting, and improving the Platform.

8. Prohibited Conduct

When using the Platform, you agree not to:

Violate Laws: Use the Platform for any illegal or unauthorized purpose, or in a manner that violates applicable laws.
Security Breach: Attempt to gain unauthorized access to the Platform, other users’ Accounts, or our servers and databases.
Data Extraction: Utilize bots, crawlers, or similar tools to harvest or scrape data from the Platform.
Harassment or Abuse: Upload content that is harassing, discriminatory, defamatory, or otherwise harmful.
Infringement: Post, share, or generate content that infringes upon the rights of any third party, including intellectual property rights.
Excessive Use: Overload the Platform or engage in usage patterns that materially degrade service performance.
Malware & Hacking: Distribute viruses, malware, or engage in hacking that disrupts the Platform’s operation.

Violations may result in immediate suspension or termination of your Account and/or legal action.

9. Disclaimers & Limitation of Liability

9.1 “As-Is” Basis
The Platform is provided on an “as-is” and “as-available” basis without any warranties, express or implied. We do not warrant that:

The Platform will be uninterrupted or error-free.
The outcomes or Artwork generated will meet your expectations.
Any identified errors will be corrected immediately.

9.2 Limitation of Liability
To the maximum extent permitted by law, BServed Best OÜ and its affiliates, officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of (or inability to use) the Platform. This includes, but is not limited to, loss of data, loss of profits, or interruptions of business.

9.3 Third-Party Services
The Platform may integrate or rely on third-party services. We are not responsible for the performance, accuracy, or reliability of any third-party technology, and any use of such services is at your own risk.

10. Termination

10.1 Termination by Us
We reserve the right to suspend or terminate your Account, with or without notice, if you breach these Terms, if your activities pose a risk to the Platform or other users, or if required by law.

10.2 Termination by You
You may discontinue use of the Platform and request Account deletion at any time by contacting us. Following termination, certain rights and obligations under these Terms will survive, including our rights regarding any content you have already uploaded (within the scope of our license).

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of laws principles. Any disputes arising out of these Terms or your use of the Platform shall be brought in the courts located in Estonia, and you consent to the exclusive jurisdiction of such courts.

12. Amendments

We may update or modify these Terms at our sole discretion. Such changes will be effective upon posting on the Website, with a revised “Last Updated” date at the top of the document. Your continued use of the Platform after any changes are posted constitutes your acceptance of the updated Terms.

13. Severability & Entire Agreement

If any provision of these Terms is found by a court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, so that the remaining provisions of these Terms remain in full force and effect. These Terms, along with any applicable policies and agreements referenced herein, constitute the entire agreement between you and us regarding the subject matter herein and supersede any prior agreements or understandings.

14. Contact Information

For questions, concerns, or further information about these Terms or our Services, please contact us at:

[email protected]
BServed Best OÜ (16962592) Harju maakond, Tallinn, Põhja-Tallinna linnaosa, Tööstuse tn 48, 10416, Estonia

By using or accessing our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.