Enstack | AI Policy

Enstack AI Policy

Last updated: 29 December 2023

These terms apply to your use of Artificial Intelligence (AI)-powered products and tools within Enstack Application, Enstack Facility, and Enstack AI, including but not limited to AI generation of logos, images, shop descriptions, product descriptions, and chat support (the “AI Products”). Enstack reserves the right to update these terms from time to time.

Definition of Terms

“Enstack Application” shall mean Enstack’s website and mobile application.

“Enstack Facility” shall mean other related digital medium or media including social media.

“Enstack Merchant” or “Merchant” shall mean any person or entity who registered as a partner of Enstack to use Enstack Application and/or Enstack Facility as a platform to advertise and or sell their goods and/or services.

“Enstack AI Generator Service” or “Service” shall refer to a program designated to perform artificial intelligent tasks or service that simulates human-like cognitive functions to generate images, written content, or other media based on the Merchant’s inputs or specifications.

“Artificial Intelligence” or “AI” shall mean simulation of human intelligence processes by computer systems.

“Usage Data” refers to information generated and collected during the operation and utilization of the Service by the Merchants, including but not limited to, frequency of usage, user interactions, feature utilization, and performance metrics.

“Personal Information” or “Personal Data” refers to any information related to an identified or identifiable natural person. Personal Information may include but not limited to: username, your first and last names, birthdate, phone number, profession, physical and e-mail address, text or image prompts that the Merchant input in the Enstack AI Generator Service, IP address, usage data, cookies, other data that the Merchant elect to send to Enstack.

“Input” refers to information or data provided by the Merchants to the AI system for processing and analysis. This includes raw data, features, and instructions that the Service will use to generate the desired output.

“Output” refers to results or generated content produced by the Service based on the provided Input.

Acceptable Use

All Enstack Merchants must comply with Enstack’s Acceptable Use of AI Products. By availing of the AI Products, the Merchant agrees to comply with these terms and restricted usage in accordance with the specified limitations herein provided.

Merchant agrees not to upload content, generate designs, or use Enstack Application, Enstack Facility, and Enstack AI, directly or indirectly, in any manner that:

Is fraudulent or promotes fraudulent activity;
Engages in the marketing or endorsement of unlawful activities, products, or services;
Advocates or engenders aperil of harm, loss, or damage to any property;
Violates the rights of any individual or third party, including but not limited to their intellectual property and data privacy rights;
Shows prejudice, instigates, or advocates discrimination against individuals due to their race, religion, sex, sexual orientation, age, disability, ancestry, national origin, or any other factor;
Encourages or fosters a potential for physical or mental harm, emotional distress, death, disability, or disfigurement to yourself, any person, or animal;
Is harassing, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy or publicity rights, libelous, or threatening;
Contains any falsified, deceptive, or misleading information or disinformation, or otherwise promotes, endorses, encourages, or facilitates the spread of false information;
Depicts explicit sexual content or pornography or contains references to such material;
Includes any information or content that you are prohibited from sharing under any law or due to confidentiality, contractual, or fiduciary obligations;
Intends to endanger or exploit children;
Violates any applicable law or promotes activities that are illegal in nature;
Misrepresent the origin of the content generated by AI Products as human-generated;
Tries to influence the outcome of an election or any political campaign; and
Generate nudity or shocking content including obscene gestures, bodily fluids or other profane subjects;

Enstack reserves the right to determine whether the content violates the terms of this Agreement at its sole discretion.

Responsible Use

AI Products should not be used to create any harmful content. Enstack does not allow nor tolerate any use of the AI Products in violation of these terms, the Acceptable Use, or any laws, rules or regulations, as may be applicable. Enstack reserves the right to suspend or terminate the Merchant’s account, in addition to any other remedy under equity and law, should it find that the Merchant’s use of the AI Products in any way violates the terms of this Policy.

By using AI Products, the Merchant agrees to let the users and/or viewers know that the content is AI-generated and that such fact should be displayed prominently in the AI Products.

Privacy Policy

While interacting with the Enstack AI Generator Service, certain personal identifiable information or personal data may be collected that could be used to identify the Merchant. Enstack and its third-party service provider may also collect information voluntarily provided when using the Enstack AI generator service.

Enstack may use personal data for the following purposes:

Providing you with the Service: This includes allowing you to log in to Enstack, operating and maintaining the Service and giving you access to your designs, including any Input uploaded in the Enstack Application to avail of the Service. We also use information we collect about you automatically to remember information about you so that you will not have to re-enter it during your visit or the next time you visit the site.
For data analytics: Enstack will use information about you to help improve the Enstack Service and the Merchant’s experience, including by monitoring aggregate metrics such as total number of users, traffic, and demographic patterns.
Customizing the Service for you - Enstack will use and combine the information the Merchant provide Enstack and information about the Merchant that Enstack collect automatically and receive from other sources (including information we receive on and off our Service) and combine it with information about the behavior of other users to make sure that your use of the Service is customized to your needs. For example, to recommend templates, ingredients and fonts that are likely to be useful to you in a design, we may use information derived from your prior behavior on our Service, the use of these elements by other people working on similar designs and other inferred information.
To communicate with you about the Service - Enstack will use the Merchant’s contact information to get in touch with you and to send communications about critical elements of the Service.
To promote and drive engagement with the Enstack Service - Enstack will use the Merchant’s contact information to get in touch with you about taking part in our surveys or about features and offers relating to the Service that we think you would be interested in. Enstack will also use information collected about the Merchant to make sure that you get the most relevant offers and promotions based on your use of the Service, and the Merchant’s preferences. You can opt-out of these communications as described below.
To improve the Service - Enstack will analyze information about the use of the Service and your content to better understand how the Merchants are engaging with the Service and measure the effectiveness of the Service so we can make improvements and develop our services for the Merchants.
For advertising purposes - Enstack will use information about the Merchants, including cookies information and other information we (and our third-party partners) collect from you automatically about the Merchant’s use of the Service, to serve, personalize and measure the effectiveness of advertising on the Service and third-party sites and platforms. This includes showing the Merchant advertising Enstack thinks the Merchant might find interesting as well as displaying advertising to potential new users that have similar interests. Please note that we do not serve advertising to students using Enstack for Education.
For analytics and machine learning - Enstack may analyze the Merchant’s activity, content, media uploads and related data in your account to provide and customize the Service, and to train our algorithms, models and AI products and services using machine learning to develop, improve and provide our Service. You can manage the use of your data for training AI in the privacy settings page under your account settings. These activities include, but are not limited to:
a. labeling and detecting components in images in order to enhance photo editing tools such as background removal, blemish and red eye correction and erasure of components;
b. labeling raw individual data;
c. detecting content prohibited by our Acceptable Use Policy for moderation and security purposes;
d. translating audio soundtracks;
e. predicting the most relevant subscription or product offerings for a user to tailor communications and advertising;
f. search terms and corresponding search results interaction data to build an algorithm to deliver the most relevant design result.
For troubleshooting, error resolution and service improvement - Enstack may need to review your designs to support your request for help, correct general errors with the Service or improve our services.
For matters that you have specifically consented to: From time to time, Enstack may seek your consent to use your information for a particular purpose. Where you consent to our doing so, we will use it for that purpose. Where you no longer want us to use your information for that purpose you may withdraw your consent to this use.

Retention

Enstack shall retain Personal Data only for as long as necessary for the purposes set out in this Privacy Policy and to the extent necessary to comply with the legal obligations of Enstack. Enstack shall also retain Usage Data for internal analysis purposes.

Merchants are highly encouraged to check the respective Privacy Policies of third-party service providers which Merchants may be linked or directed, to enable usage of the Enstack AI Generator Service and/or other features.

Deletion

Upon request of the Merchant, any Personal Information collected shall be deleted from the records subject to terms and conditions of the third-party service providers. Enstack shall respond to such requests in a timely manner and shall keep the Merchant informed of the progress and completion of the data deletion process.

Other Provisions

Enstack is not responsible for practices employed by websites or services linked to or from the Enstack AI Generator Service including the information or content contained therein. Interaction on any third-party website or service, including those that have a link or advertisement on the website, are subject to that third-party’s own rules and policies.

Enstack shall use appropriate safeguards to preserve the integrity and security of all information collected through the Service. To protect your privacy and security, Enstack shall take reasonable steps (such as requesting a unique password) to verify the identity of the Merchant before the Merchant may be granted access. The Merchant is responsible for maintaining the secrecy of the unique password and account information, and for controlling access to the Merchant’s email communications from Enstack, at all times. However, Enstack cannot ensure or warrant the security of any information you transmit to Enstack or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.

This Policy may be updated from time to time to reflect the current practice and ensure compliance with applicable laws. The Merchant is responsible for checking the Privacy Policy from time to time to be informed of any changes.

General Use

Enstack Application, Enstack Facility, and Enstack AI utilize credits for AI image generation and AI product descriptions.

Every Merchant are initially credited a certain number of credits to generate AI image/logo or AI description. Credits for AI image/logo generation and AI description generation are distinct and separate from one another.

For chat support, Enstack imposes a maximum number of AI generated replies, which may be subject to change, at Enstack’s discretion.

Enstack may impose limits on the number of Outputs, as defined below, the Merchant can create with AI Products. Once the Merchant reaches the maximum number of Outputs for the account, the Merchant will be notified thereof.

Merchant Responsibility

The Merchant is responsible for his Input and Output and shall see to it that the Input and Output complies with these terms before using or sharing the same. The Merchant may use his Output for any legal purposes, provided that the use is also compliant with the terms of this Policy and that any such use will be at the Merchant’s own risk.

The Merchant acknowledges that Enstack has the right to disclose to law enforcement or other governmental authorities, or in response to legal processes, Inputs or Outputs alleged to be unlawful or otherwise in breach of these terms.

Intellectual Property

As between the Merchant and Enstack, and to the extent permitted by applicable laws, the Merchant shall retain ownership rights in the Input and the Output. Enstack hereby assigns to Merchant all rights, title, and interest, if any, in and to the Output.

If the Merchant decides to upscale images of others, these images shall remain to be owned by the original creators.

The ownership of the Output shall remain with the Merchant even if the Merchant decides to delete their Enstack account. By availing of the AI products, the Merchant gives Enstack the right to host and use his Input and Output on Enstack’s platform.

Enstack disclaims ownership of any logo, images, texts, graphics, logos, and images, and all other Outputs.

Limitation on Liability

Enstack disclaims any responsibility or ownership claims over the user-generated Output and is under no obligation to verify the accuracy of the Output.

These Outputs are generated by artificial intelligence and in no way do these represent Enstack’s views. The Merchant acknowledges that Enstack does not guarantee nor warrant the completeness, accuracy, or reliability of the Output generated, and disclaims any liability arising out of or in any way from the Output generated. Neither shall Enstack be liable for any mistake or errors contained in the Output.

Enstack assumes no responsibility for any errors, mistakes, or inaccuracies in the Output; personal injury or property damage, of whatever nature, which resulted from the access to or use of Enstack, any unauthorized access to or use of secure servers and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the service; any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; user content or the defamatory, offensive, or illegal conduct of any third party; the image generated resembles another image; and/or loss or deletion of User Content.

Social Media Platforms

AI generated images/logos

Merchant may share the Output through social media platforms provided that the following conditions are met:

Merchant has thoroughly reviewed the Output prior to sharing it;
The Output does not in any way violate the terms of this Policy and any laws, rules or regulations;
Attribute the Output to the Merchant’s name or the Merchant’s company; and
Declare that the Output is AI-generated;

When the Output is shared in social media platforms, the Merchant commits to hold Enstack free and harmless from any and all liabilities arising out of or in connection with the Merchant’s use of the Output.

AI generated descriptions

Merchant may also publish Output which are, in whole or in part, generated by AI, provided that the following conditions are met:

Merchant has thoroughly reviewed the Output prior to publishing it;
The Output does not in any way violate the terms of this Policy and any laws, rules or regulations;
Attribute the Output to the Merchant’s name or the Merchant’s company;
Disclose the role of the AI in formulating the Output;

Enstack Partners

Enstack uses technology provided by third party service providers to provide AI Products. Merchant acknowledges that any personal data included within the Input will be shared with third party service providers engaged by Enstack for purposes of included but not limited to generating the Output, and enabling functionality within the AI service.

Termination and Suspension

The Merchant may use the services of Enstack at any time. Enstack may reserve the right to suspend or terminate access to Enstack or delete the account if it was determined that the Merchant:

Breached these Terms or Usage Policy;
To comply with the law;
When the use could cause risk or harm to Enstack, other Merchants, or anyone else.

Miscellaneous

Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, or war.

No Agency. This Policy does not create any agency, partnership, or joint venture between the parties.

Severability. If any part of this Policy is invalid, illegal, or unenforceable, the rest of the Policy will remain in effect.

No Third-Party Beneficiaries. This Policy does not confer any benefits on any third party unless it expressly states that it does.

Survival. The sections and obligations involving intellectual property and data privacy will survive this Policy.