Terms of Service

By accessing or using the Neonify platform, you agree to comply with and be bound by these Terms of Service. Please read them carefully.

1. Subscription & Access

1.1

Your subscription grants you access to the platform’s tools, templates, and content (“the Services”) for the duration of your active subscription, in accordance with the plan you have selected.

1.2

You must not share your login or subscription with others. Access is personal and non-transferable.

1.3

Billing will occur monthly.

1.4

Cancellation or change in plan choice will only take effect from the renewal date of the then current plan. No refund of pre-paid fees will be made for unused portions of the then-current plan.

1.5

Refunds are not generally provided, except as required by law.

2. Permitted Use

2.1

You may use the Services content (including templates, assets, and tools) to create your own original materials.

2.2

You may publish and share your original materials created using the Services, provided you comply with applicable copyright laws and any source licensing requirements stated on the platform.

3. Prohibited Use

You must not:

3.1

Resell, redistribute, or sublicense the Services, content, or tools as standalone products.

3.2

Remove any copyright notices or attribution where required.

3.3

Use the platform for unlawful, misleading, infringing, or harmful purposes.

4. Intellectual Property and Respecting Copyright and Licenses

4.1

We retain ownership of all intellectual property rights in the Services, including any improvements, updates and derivative works howsoever developed.

4.2

You retain ownership of your input but grant us a non-exclusive right to use your input and content as necessary to provide and improve the Services.

4.3

You own the output unless it is subject to or violates third-party rights.

5. Disclaimers & Limitations

5.1

The Services are provided on an “as is” basis and no warranties are provided as to accuracy, timeliness, or fitness for purpose, to the extent permitted by law.

5.2

You are responsible for evaluating and confirming the accuracy and appropriateness for your use case before using or sharing content from the Services.

5.3

Neonify AI’s maximum liability to you under this agreement shall apply only to direct loss or damage only and shall be no more than the greater of (a) subscription fees paid by you in the year prior to the incident giving rise to liability, or (b) five thousand pounds (£5000).

5.4

We do not take responsibility for loss or damage caused by events beyond our reasonable control.

5.5

We do not exclude or limit our liability to you where it would be unlawful for us to do so.

6. Indemnity

You will indemnify and hold harmless us, our affiliates, and our personnel from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third-party claims arising out of or relating to your misuse of the Services, content, or any breach of these Terms and the Usage Policy.

7. Termination

7.1

We may suspend or terminate your access without refund where, in our reasonable and objective opinion:
• you have breached these Terms or the Usage Policy;
• we must comply with legal obligations; or
• your use of the Services could cause harm to us, our users, or any other party.

7.2

On termination your licence to use the Services ceases. You will have 14 days to download any customer data, after which your instance of the account will be deleted.

8. Updates

We may update these Terms occasionally. You’ll be notified of material changes at least 30 days in advance of the new terms coming into force, either via email or in-product notification. Continued use of the Services after changes take effect constitutes acceptance of the updated Terms.

9. Data Protection

9.1

We process personal data in accordance with applicable data protection laws, including the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. By using the Services, you consent to our collection, use, and processing of your personal data as described in our Privacy Policy.

9.2

You must ensure that any personal data you input into the Services has been collected and shared in compliance with applicable data protection laws, and that you have a lawful basis for doing so.

9.3

You must not use the Services to input or generate sensitive personal data (as defined under data protection laws) unless you have our prior written agreement.

9.4

We implement appropriate technical and organisational measures to safeguard personal data against unauthorised access, disclosure, loss, or misuse. However, you acknowledge that no system can be guaranteed as completely secure.

10. Governing Law

10.1

These Terms are governed by the laws of England and Wales, and any disputes will be resolved in its courts.

10.2

Where a dispute arises between us, we both agree to work in good faith to resolve the dispute prior to issuing legal proceedings.