### Terms of Service

Welcome to Pablo Ai! Our platform provides cloud-based services (the "Platform") that enable you to create images and videos using our generative AI, and access a variety of other features.

Throughout these Terms, "you" or "your" refers to both you and any entity you are authorized to represent (such as your employer). "We," "us," or "our" refers to Pablo-ai.com.

These Terms constitute a contract between you and us, outlining our responsibilities as a service provider and your responsibilities as a customer. You may not use our Services without agreeing to these Terms.

Certain capitalized terms in these Terms have specific definitions. Whenever these terms are used, they carry the same meaning. A list of defined terms and their meanings is available at the end of these Terms.

If you have any questions about these Terms or need to contact us, please email: support@pablo-ai.com.

These Terms were last updated on 20 Aug 2024.

### OUR DISCLOSURES

Please read these Terms carefully before accepting them. We specifically draw your attention to:

- Our privacy policy (available on our website), which details how we handle your personal information;
- Clause 1.3 (Variations), which explains how these Terms may be amended;
- Clause 4 (Subscription), which includes important information about your Subscription, such as cancellation options and auto-renewal policies;
- Clause 7 (Disclaimers regarding AI-generated content and large language models), which provides disclaimers and important information for using our Platform and Services.
- Clause 12 (Liability), which outlines exclusions and limitations to our liability under these Terms.

These Terms do not intend to restrict your rights or remedies under the law, including any Consumer Law Rights.

### 1. Engagement and Term

1.1 These Terms apply from the moment you create an Account until the termination of your Account in accordance with these Terms. We grant you the right to use our Services only during this period.

1.2 If you are under 18 years of age, you confirm that you have obtained parental or guardian consent, or are using our Platform under the supervision of a responsible adult.

1.3 **Variations**: We may modify these Terms at any time by providing written notice to you. By clicking "I accept" or continuing to use our Platform after receiving notice or 30 days following notification (whichever is earlier), you agree to the revised Terms. If you do not agree with the changes, you may close your Account and cancel your Subscription effective from the date of the change by providing written notice to us. If you cancel your Subscription:

- (a) You will lose access to our Services (including our Platform) from the cancellation date;
- (b) If you paid Subscription Fees in advance, no refund will be issued for the remaining portion of your Subscription Period.

### 2. Our Services

2.1 We offer the following services:

- (a) Access to our Platform;
- (b) Access to our troubleshooting support (Support Services),

(collectively, our Services).

2.2 To request Support Services, you may contact us through our Platform.

2.3 If we need access to your premises or computer systems to provide our Services, you agree to grant such access without posing any risk to the safety of our employees and contractors.

2.4 We will not be responsible for any other services unless explicitly stated in these Terms or on our Platform.

2.5 **Additional Services**: If you need additional services, we may, at our sole discretion, offer them under a separate agreement with its own scope and pricing.

2.6 **Third Party Products or Services**: If you use third-party products or services alongside ours (such as third-party software integrated with our Platform), those third parties operate independently of us. You are responsible for their products or services, unless otherwise agreed in clause 2.5.

### 3. Account

3.1 You must create an Account to access and use our Services and Platform.

3.2 While you have an Account with us, you agree to:

- (a) Keep your information current, accurate, and complete;
- (b) Keep usernames and passwords secure and confidential, protecting them from misuse or theft;
- (c) Notify us if you become aware of or suspect unauthorized access to your Account or any logins linked to your Account.

3.3 If your Account remains inactive for an extended period (12 months or more), we may close and permanently delete your Account. You acknowledge that this will result in the loss of any Content you generated. We will notify you via the email address you provided before deleting your Account.

### 4. Subscriptions

4.1 After creating your Account, you may purchase a Subscription. The available Subscriptions, including their features, limitations, Subscription Fees, and Subscription Periods, will be detailed on our Platform.

4.2 During the Subscription Period, you will be billed for Subscription Fees on a recurring basis as outlined on our Platform (Billing Cycle).

4.3 You can upgrade or downgrade your Subscription at any time through your Account. Upgrades take effect immediately, and you will be charged the difference on a pro-rata basis. Downgrades take effect at the beginning of the next Billing Cycle.

4.4 Subscription Fees will be billed at the start of each Billing Cycle. Payment methods will be specified on our Platform. If you choose to pay via a third-party payment processor, you may need to agree to their terms and conditions, as outlined on our Platform.

4.5 You must not pay, or attempt to pay, Subscription Fees through fraudulent or illegal means. If paying by debit or credit card, you must be the authorized cardholder. If paying by direct debit, by providing your bank details and accepting these Terms, you authorize our nominated third-party payment processor to debit your account according to your chosen Subscription. You confirm that you are the account holder or an authorized signatory of that bank account.

4.6 **Pausing your Subscription**: You may pause your Subscription for up to three months during each Subscription Period by notifying us through your Account (as per clause 15.8). During the pause, neither you nor your Authorized Users will have access to the Services, and you will not be charged Subscription Fees for the suspension period (calculated on a pro-rata basis).

4.7 **Cancellation**: Your Subscription continues for the Subscription Period, and at the end of each period, provided all Subscription Fees are paid, it will automatically renew for the same duration. To cancel your Subscription, you may do so through your Account. Cancellation will take effect at the end of your current Subscription Period, and your Subscription will not renew (meaning you must pay any remaining Subscription Fees until the end of your current Subscription Period).

4.8 **Late Payments**: If Subscription Fees are not paid on time, we may suspend your access to our Services (including the Platform);

4.9 **Taxes**: You are responsible for paying any taxes 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 have an Account, we grant you and your Authorized Users the right to use our Platform (which may be suspended or revoked under these Terms). This right is non-transferable and, if you have a Subscription, subject to the conditions outlined on our Platform or in your Account.

5.2 You must not (and must ensure your Authorized Users do not):

- (a) Use our Platform improperly or in violation of any laws, infringing on any rights, or creating any civil or criminal liability;
- (b) Disrupt the supply of our Platform or another person’s access to or use of our Platform;
- (c) Introduce any viruses or malicious software into our Platform;
- (d) Use any unauthorized or modified version of our Platform for any purpose, including building similar software or gaining unauthorized access to our Platform;
- (e) Attempt to access any data or log into any server or account you are not authorized to access;
- (f) Use our Platform for service bureau use, outsourcing, renting, reselling, sublicensing, concurrent use of a single login, or time-sharing;
- (g) Circumvent user authentication or security of any of our networks, accounts, or third-party networks; or
- (h) Use our Platform to transmit, publish, or communicate material that is defamatory, offensive, abusive, indecent, menacing, harassing, or unwanted, including but not limited to:

i. Using the Platform to transmit or publish any harassing, indecent, obscene, fraudulent, unlawful, or harmful material;
ii. Using the Platform to send unauthorized advertising, spam, or solicitations or to harvest user data without express consent;
iii. Generating content that impersonates any real person or falsely portrays an individual in a misleading or defamatory way;
iv. Generating content that depicts sexual abuse, sexual violence, explicit pornography, or any non-consensual acts;
v. Generating content that depicts child nudity, child pornography, or any form of child exploitation;
vi. Generating content that depicts acts of non-consensual violence;
vii. Generating content that depicts animal cruelty or harm, including violence or torture;
viii. Generating content that depicts explicit gore or extreme violence;
ix. Generating content that promotes or incites hatred, violence, discrimination, or harm based on race, ethnicity, religion, gender, sexual orientation, or any other protected characteristic;
x. Generating content that endangers or threatens the safety, security, or well-being of any individual or group; or
xi. Otherwise generating content that we, in our sole discretion, deem unsuitable, obscene, offensive, or contrary to community standards and user expectations.

### 6. Availability, Disruption, and Downtime

6.1 While we aim to keep our Services available at all times, we do not guarantee 100% uptime. Our Services may be interrupted at times, including for scheduled or emergency maintenance.

6.2 Our Services (including the Platform) may depend on third-party products or services, such as cloud hosting providers. To the maximum extent permitted by law, we are not liable for disruptions or downtime caused by third parties.

6.3 We will try to provide reasonable notice of any disruptions to your access to our Services whenever possible.

### 7. Disclaimer regarding Generative AI and Large Language Models

7.1 Our Platform utilizes generative AI and large language model technologies that can produce content that may appear highly realistic or convincing, including text, images, audio, and video outputs ("Generated Content"). You acknowledge and agree that Generated Content may include deep fakes, misinformation, biases, or other potentially misleading or inaccurate information. You are solely responsible for evaluating and verifying the accuracy, reliability, and legality of any Generated Content before using it.

7.2 Subject to your Consumer Law Rights, the Generated Content is provided "as is" without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We disclaim all liability for errors, omissions, inaccuracies in the Generated Content, infringement of third-party rights (including Intellectual Property Rights), and any damages or losses arising from your use or reliance on such content.

### 8. Ownership of Inputs & Outputs

8.1 You may submit text, documents, images, videos, or other inputs to our Service ("Inputs") and receive outputs generated by the Services based on the Inputs ("Outputs"). Collectively, Inputs and Outputs are referred to as "Content."

8.2 You are responsible for all Inputs you submit to our Services. By submitting Inputs, you represent and warrant that you have all necessary rights, licenses, and permissions for us to use and process the Inputs and generate Outputs. You retain ownership of your Inputs.

8.3 If you are a Paid Subscriber, ownership of all Intellectual Property Rights in any Content you or your Authorized Users create using the Platform will vest in you upon creation. If such rights do not automatically vest in you, we assign them to you and agree to do all necessary acts to ensure your ownership of those rights.

8.4 Certain Paid Subscribers can choose whether Content is public or private. Public Content will be accessible to all Platform users, while Private Content will only be accessible to you and your Authorized Users. The ability to choose between public and private Content depends on your Subscription plan.

8.5 You grant us a non-exclusive, irrevocable, royalty-free, worldwide, non-sublicensable (except to our related bodies corporate) and non-transferable license to use any Private Content solely to perform our obligations or exercise our rights under these Terms. We will not use, retain, analyze, or process your Inputs for any other purpose, including training AI models or developing new offerings, without your express written consent.

8.6 You grant us a non-exclusive, irrevocable, perpetual, royalty-free, worldwide, and transferable license to use, reproduce, modify, copy, process, adapt, publish, transmit, create derivative works from, publicly display, and distribute any Public Content for the purposes of providing, maintaining, promoting, and improving the Services, including training AI models and developing new offerings.

8.7 If you are a Free Subscriber, ownership of all Intellectual Property Rights in any Output you or your Authorized Users create using the Platform will vest in us upon creation. If such rights do not automatically vest in us, you assign them to us and agree to do all necessary acts to ensure our ownership of those rights.

8.8 If you (or any of your personnel) have any Moral Rights in any material provided, used, or prepared in connection with these Terms, you consent (and procure that your personnel consent) to our use or infringement of those Moral Rights.

### 9. Ownership of Services, Platform, and Data

9.1 We own all intellectual property rights in our Services (including the Platform). This includes the design and functionality of our Platform, as well as our copyrighted works, trademarks, inventions, designs, and other intellectual property, including "Our Materials." You agree not to copy or misuse our intellectual property without our written permission (for example, reverse engineering or discovering the source code) and must not alter or remove any ownership notices placed on our Platform. Nothing in these Terms transfers or assigns any Intellectual Property Rights in Our Materials to you.

9.2 We own all Intellectual Property Rights in any developments, modifications, enhancements, or improvements to the Platform or Our Materials ("Platform Developments"). If such rights do not automatically vest in us by law, you assign them to us and agree to do all necessary acts to ensure our ownership of those rights.

9.3 We grant you a non-exclusive, revocable, royalty-free, worldwide, non-sublicensable, and non-transferable license, for the duration of the Subscription Period, to use Our Materials solely for your enjoyment of our Services, as outlined in these Terms.

9.4 We may use any feedback or suggestions you provide to us in any way we see fit (e.g., to develop new features), and you will not be entitled to any compensation for our use of your feedback or suggestions.

9.5 When using our Services, we may create anonymized statistical data from your usage (e.g., through aggregation). Once anonymized, we own that data and may use it for our purposes, such as improving our Services, developing new products, identifying trends, and other uses we communicate to you. This may include making anonymized data publicly available, provided it is not compiled in a way that could identify you.

### 10. Confidential Information and Personal Information

10.1 While using our Services, you may share confidential information with us, and you may become aware of confidential information about us. You agree not to use or disclose our confidential information and to protect it from unauthorized disclosure. We agree to do the same for your confidential information. This includes ensuring that any Authorized Users, employees, contractors, professional advisors, or agents only access confidential information on a "need-to-know basis" and agree not to misuse or disclose it.

10.2 However, you or we may disclose confidential information to legal or regulatory authorities if required by law.

10.3 We collect, hold, disclose, and use any Personal Information you provide to us in accordance with our privacy policy (available on our website) and applicable privacy laws.

10.4 You must only disclose Personal Information to us if you have the right to do so (e.g., having the individual’s express consent).

10.5 We may disclose Personal Information to third parties, such as our related companies or service providers (e.g., IT and administrative service providers and professional advisors).

10.6 If required by law to report on our activities, you acknowledge that we may request certain information from you to meet our obligations, and you agree to provide it within the requested timeframes.

### 11. Consumer Law Rights

11.1 In some jurisdictions, you may have legal guarantees, rights, or other remedies (Consumer Law Rights) that these Terms cannot limit. We will only be bound by your Consumer Law Rights and the express wording of these Terms.

11.2 If you accept these Terms, nothing in these Terms should be interpreted to exclude, restrict, or modify the application of, or any rights or remedies you may have under, any part of the Consumer Law. If our Platform is not ordinarily used for personal, household, or domestic use, our liability for a breach of your Consumer Law Rights is limited to resupplying our Services or paying the cost of resupply.

### 12. Liability

12.1 To the maximum extent permitted by law, we will not be liable for, and you release us from liability for, any loss or damage caused by or arising from:

- (a) Your computing environment (e.g., hardware, software, IT, and telecommunications systems); or
- (b) Use of our Services by anyone other than you or your Authorized Users.

12.2 Regardless of anything else in these Terms, to the maximum extent permitted by law:

- (a) Neither we nor you are liable for any Consequential Loss;
- (b) Liability under these Terms will be proportionately reduced to the extent it was caused by the actions (or inactions) of the other party, including failure to mitigate loss;
- (c) Where our Services are not typically used for personal, domestic, or household purposes, our liability for failing to comply with relevant Consumer Law Rights is limited (at our discretion) to resupplying the Services or paying the cost of resupply;
- (d) Our total liability to you for any loss arising from or in connection with these Terms is

limited to the amount of any Subscription Fees paid by you for the relevant Services or, if you do not have a Subscription, to USD $1.00.

### 13. Notice Regarding Apple

13.1 If you are using or accessing our Platform on an iOS device via a mobile app from the Apple App Store, you agree to the terms of this clause. You acknowledge that these Terms are between you and us, not Apple Inc. (Apple), and Apple is not responsible for our Platform or its content.

13.2 Apple is not obligated to provide maintenance or support services for our Platform.

13.3 If our mobile app fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price. To the maximum extent permitted by law, Apple has no other warranty obligations concerning the mobile app, and we are responsible for any related claims, losses, or damages.

13.4 Apple is not responsible for addressing any claims by you or third parties regarding our mobile app or your use of it, including but not limited to:
(1) product liability claims;
(2) claims that our mobile app fails to comply with legal or regulatory requirements;
(3) claims under consumer protection or similar laws.

13.5 Apple is not responsible for investigating, defending, settling, or discharging any third-party claim that our mobile app infringes on their intellectual property rights.

13.6 You agree to comply with any applicable third-party terms when using our mobile app.

13.7 Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

13.8 You represent and warrant that:
(1) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country;
(2) 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 unauthorized access to or use of our Services (e.g., sharing login details);
- (b) You have transmitted or inputted offensive materials into our Platform or violated any law; or
- (c) You have breached clause 5.2.

14.2 If we suspend your access, we will inform you within a reasonable time and work with you to resolve the issue within 14 days. If the issue cannot be resolved, we may terminate your Account and end your access to our Services.

14.3 We may terminate these Terms (resulting in loss of access to our Services, your Account, and cancellation of any Subscription) if:

- (a) You fail to pay Subscription Fees when due;
- (b) You or your Authorized Users breach these Terms and do not remedy the breach within 14 days of our notice. We may immediately ban you or your Authorized Users if we reasonably believe you have breached clause 5 (Platform Licence);
- (c) You or your Authorized Users breach these Terms and the breach cannot be remedied;
- (d) You experience an insolvency event (e.g., bankruptcy, liquidation, or entering into a creditor's arrangement).

14.4 You may terminate these Terms if:

- (a) We breach these Terms and do not remedy the breach within 14 days of your notice; or
- (b) We breach these Terms and the breach cannot be remedied.

If you paid Subscription Fees upfront, you will receive a pro-rata refund for any unused portion of the current Subscription Period.

14.5 You may also terminate these Terms at any time by notifying us through your Account or by email (as per clause 15.8). If you have a Subscription, termination will take effect at the end of your current Subscription Period.

14.6 Termination of these Terms does not affect any other rights or liabilities we or you may have.

### 15. General

15.1 **Assignment**: You may not transfer or assign these Terms (including any rights or obligations) to any third party without our prior written consent. We may assign or transfer these Terms to a third party or transfer any debt you owe to a debt collector or third party.

15.2 **Disputes**: Neither party may commence court proceedings relating to any dispute arising from these Terms unless we first meet in good faith to resolve the dispute. This does not prevent either party from seeking urgent injunctive or equitable relief.

If the dispute is not resolved:

(a) All disputes arising from or in connection with these Terms, regardless of your location, shall be governed by and construed in accordance with the laws of Bulgaria. Disputes shall be resolved through mediation or arbitration, as appropriate, administered by a recognized institution under the laws of Bulgaria.

15.3 Events Beyond Our Control: We are not liable for any delay or failure to perform our obligations if caused by an event beyond our reasonable control.

15.4 Governing Law: These Terms are governed exclusively by the laws of Bulgaria, and any disputes will be resolved exclusively under the jurisdiction of Bulgaria.

15.5 **Illegal Requests**: We reserve the right to refuse any request related to our Services that we deem inappropriate, unethical, 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 using the unsubscribe function.

15.7 **Nature of Relationship**: These Terms do not create a partnership, joint venture, employment, or agency relationship between us.

15.8 **Notices**: Any notice you send to us must be sent to the email provided at the beginning of these Terms. Any notice we send to you will be sent to the email address associated with your Account.

15.9 **Survival**: Clauses 7 to 14 will survive the termination or expiration of these Terms.

15.10 **Third-Party Sites**: Our Platform may contain links to third-party websites. Unless stated otherwise, we do not control, endorse, or approve the content on those websites. We recommend that you conduct your investigations regarding the suitability of those websites. If you purchase goods or services from a third-party website linked from our Platform, those goods or services are provided by the third party, not us. We may receive a benefit (e.g., referral fee or commission) if you visit certain third-party websites via our Platform or if we feature certain goods or services on our Platform. We will notify you if we receive any benefit from these features.

### 16. Definitions

16.1 In these Terms:

- **Account**: An account accessible to the individual or entity who signed up for our Services, under which Authorized Users may be granted access.
- **Authorized User**: A user that you have invited to use the Platform through your Account.
- **Consequential Loss**: Includes any consequential, special, or indirect loss, real or anticipated loss of profit, benefit, revenue, business, goodwill, opportunity, savings, reputation, use, or data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise. However, your obligation to pay us amounts for access to or use of our Services (including our Platform) does not constitute "Consequential Loss."
- **Intellectual Property Rights** or **Intellectual Property**: Any and all existing and future rights worldwide conferred by statute, common law, equity, or any corresponding law in relation to copyright, designs, patents, trademarks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases, or source codes, including applications, or rights to apply, for registration of, and improvements, enhancements, or modifications of, the foregoing, whether or not registered or registrable.
- **Liability**: Any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding, or judgment (whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise), however arising, whether direct or indirect, whether present, unascertained, future, or contingent, and whether involving a third party or us or you or otherwise.
- **Our Materials**: All Intellectual Property owned by or licensed to us, including any improvements, modifications, or enhancements of such Intellectual Property.
- **Personal Information**: Any information or opinion about an identified individual or an individual who is reasonably identifiable, whether true or not, and whether recorded in a tangible form or not.