TERMS AND CONDITIONS OF USE

Artifisio
Platform provided by Delate Srl
Via Guglielmo Stefani 10, 00157 – Rome (IT)
VAT No. IT15538531003

Last updated: 14 October 2025

1. ACCEPTANCE OF TERMS

Welcome to Artifisio (the "Platform"), a service that allows you to transform your creative vision into reality through AI-powered illustration generation. Artifisio uses advanced artificial intelligence algorithms to analyse and replicate artistic styles, enabling you to create consistent illustrations in any context while maintaining your unique artistic identity.

By using Artifisio, you fully accept these Terms and Conditions. If you do not agree to these Terms, please do not use the Platform.

2. DEFINITIONS

Platform: The Artifisio online service.
User: Any person accessing or using the Platform.
Service: The AI-based illustration generation services provided through the Platform.
Credits: The unit used to perform operations on the Platform.
Delate Srl or We/Us: The company operating the Platform.
Generated Content: Illustrations created through the Platform.

3. REGISTRATION AND ACCESS

3.1 Registration Procedure

Access to the Platform is granted exclusively through Google authentication. By registering, you represent and warrant that:

You are at least 18 years old or of legal age in your country of residence;
The information provided via your Google account is true, accurate, and complete;
You will keep your contact details up to date.

Age Requirements and Minor Users

The Platform is strictly intended for users aged 18 and over.
Use of the Platform by minors is prohibited, including through Google Family accounts or under parental supervision.
If we become aware that an account belongs to a user under 18, we will immediately suspend or delete the account without notice or refund.
Parents or legal guardians are responsible for any unauthorised use of the Platform by minors through their accounts.
We do not actively verify users' age beyond what is declared via the Google account, but we reserve the right to request proof of age in case of doubt.

3.2 Account Responsibility

You are responsible for maintaining the confidentiality of your Google account and for all activities conducted through it. You must immediately notify us of any unauthorised use of your account at info@delate.app.

3.3 Suspension and Termination

We reserve the right to suspend or terminate your account in the event of a breach of these Terms, without any obligation to refund unused credits.

4. DESCRIPTION OF THE SERVICE

4.1 Main Features

Artifisio allows you to:

Generate illustrations using artificial intelligence;
Automate a specific style to create infinite variations with consistent aesthetics;
Upload examples of your own artistic style or use available templates;
Export illustrations in SVG, JPG, and PNG formats;
Edit illustrations using basic editing tools.

4.2 Technical Requirements

Modern, updated browsers (Chrome, Firefox, Safari, Edge);
Stable internet connection;
No specific hardware required (cloud-based platform);
Optimised for desktop, tablet, and smartphone.

4.3 Storage and Ownership

All generated illustrations are your property and are securely stored on our servers. None of your creations are shared with other users without your explicit consent.

5. PLANS AND PRICING

Artifisio offers three plan types:

5.1 "Sparkle" Plan (Free)

Access to public illustrations;
Download of public illustrations;
Account creation;
20 free generations per month;
Standard illustration resolution;
Export in JPG and PNG formats;
Access to basic style models;
No charges.

5.2 "Willow" Plan (Pay-as-you-go – €99.99 one-off)

All Sparkle features;
Purchase of pay-as-you-go credit packs;
Generation of new illustrations;
Download of generated illustrations;
Optional automatic renewal;
Purchased credits never expire;
High-resolution illustration generation;
Export in all formats (SVG, JPG, PNG);
Access to all style models;
Discounts for larger credit packs;
Greater flexibility for occasional use.

5.3 "Supernova" Plan (Premium – €49.99/month)

All Willow features;
1,000 credits per month, renewed automatically;
Unused credits accumulate up to three times the monthly allowance;
Credits exceeding that limit expire;
Priority support (response time within 12 business hours);
Early access to new styles;
Priority generation queue;
Monthly auto-renewing subscription.

5.4 Credit System

Each operation on the Platform consumes a certain number of credits:

Standard illustration generation: 1 credit;
High-resolution illustration generation: 3 credits;
Export in SVG format: 1 credit;
Advanced style customisation: 2 credits.

5.5 Plan Changes

You can switch between plans at any time:

When upgrading, remaining credits from the previous plan are carried over;
When downgrading, credits are retained according to the new plan's rules.

5.6 Price Changes

We reserve the right to modify pricing with at least 30 days' notice. Changes do not apply retroactively to active subscriptions until the next renewal date.

6. PAYMENTS AND BILLING

6.1 Payment Processing via Stripe

All payments are processed through Stripe, one of the most secure and trusted global payment systems. Artifisio never directly stores your credit card details. All payment information is handled through Stripe's PCI DSS Level 1 certified infrastructure — the highest level of certification in the payment industry.

6.2 Accepted Payment Methods

Through Stripe, we accept:

Credit and debit cards (Visa, Mastercard, American Express, Discover);
Digital wallets (Apple Pay, Google Pay);
Bank transfers;
Other local payment methods depending on the user's country.

6.3 Transaction Security

Stripe implements multiple layers of protection for every transaction:

Advanced TLS encryption;
Real-time fraud monitoring;
Two-factor authentication where required;
Machine learning–based anomaly detection;
Full compliance with 3D Secure 2 authentication standards.

6.4 Valid Payment Information

You agree to provide valid and accurate payment information. If you encounter problems during payment:

Verify that your card details are correct;
Check whether your bank has blocked the transaction;
Try an alternative payment method;
Contact our customer support at info@delate.app, providing the displayed error code.

6.5 Automatic Renewal

For the Supernova Plan and any Willow Plan with optional automatic renewal enabled, the subscription renews automatically at the end of each billing period unless cancelled at least 24 hours before the renewal date.

6.6 Receipts and Invoices

After each credit purchase or subscription renewal, you will automatically receive an email receipt containing all transaction details, in compliance with Italian and EU tax regulations.

6.7 Credits

Willow Plan (Pay-as-you-go): Purchased credits never expire and remain available until used.
Supernova Plan (Premium): Monthly credits accumulate up to three times the monthly amount; excess credits expire.
Free Plan: 20 free generations per month, resetting monthly.

Unused credits are non-refundable and non-transferable between accounts.

6.8 Refunds

Payments are generally non-refundable, except as required by applicable law. We may, at our sole discretion, review refund requests on a case-by-case basis.

7. INTELLECTUAL PROPERTY

7.1 Rights in Generated Content

Illustrations generated through the Platform are your property, subject to the limitations set forth herein. You are granted a perpetual, royalty-free, commercial licence to use, modify, and distribute the Generated Content, provided that you comply with these Terms and applicable law.

COPYRIGHT LIABILITY: You are solely responsible for ensuring that your use of the Platform and Generated Content does not infringe any copyright, trademark, or other intellectual property rights of third parties. Delate Srl shall not be held liable for any copyright infringements committed by users. By uploading style samples, providing prompts, or generating illustrations, you represent and warrant that you hold all necessary rights or permissions to use such materials and that your use does not infringe third-party rights. You agree to indemnify and hold Delate Srl harmless from any claim, demand, or loss arising from such infringements.

7.2 Rights in the Platform

Delate Srl retains all intellectual property rights in and to the Platform, including but not limited to the software, AI algorithms, user interface, design, technology, and style models.

7.3 Licence to Use the Platform

We grant you a limited, non-exclusive, non-transferable, and revocable licence to access and use the Platform in accordance with these Terms.

7.4 Public Illustrations

Illustrations made public can be viewed and downloaded by other users. By publishing an illustration, you grant Delate Srl and other users a non-exclusive licence to view and download such content.

8. ACCEPTABLE USE AND PROHIBITED CONDUCT

8.1 Prohibited Conduct

You expressly agree not to use the Platform to:

Generate illegal, defamatory, obscene, pornographic, or offensive content;
Create illustrations that infringe third-party intellectual property rights;
Generate content depicting minors in inappropriate or sexualised contexts;
Promote violence, hatred, terrorism, or discrimination of any kind;
Violate others' privacy or publicity rights;
Impersonate other individuals, entities, or brands;
Distribute malware or harmful code;
Attempt unauthorised access to the Platform's systems;
Engage in fraudulent or misleading activities;
Create content promoting self-harm or suicide;
Generate deepfakes or misleading content about real persons without consent;
Violate any applicable law or regulation.

8.2 DISCLAIMER OF LIABILITY FOR UNAUTHORISED USE

DELATE SRL ACCEPTS NO LIABILITY FOR ANY UNAUTHORISED, ILLEGAL, OR INAPPROPRIATE USE OF THE PLATFORM BY USERS.

In particular, Delate Srl:

Is not responsible for user-generated content;
Is not liable for any misuse, illegal use, or unauthorised distribution of Generated Content;
Is not liable for infringement of third-party rights by users;
Is not liable for direct, indirect, or consequential damages resulting from misuse of the Platform;
Is not liable for content violating the prohibitions listed in section 8.1.

THE USER IS SOLELY RESPONSIBLE FOR THE USE OF THE PLATFORM AND THE GENERATED CONTENT. You undertake to use the Platform in full compliance with applicable laws and these Terms.

Cooperation with Authorities: Delate Srl reserves the right to fully cooperate with judicial authorities and law enforcement agencies in cases of illegal use of the Platform. We may provide competent authorities with any user-related data, including account information, activity logs, generated content, and other relevant materials, in accordance with applicable law and data protection regulations.

8.3 Compliance with Laws

You agree to use the Platform in compliance with all applicable laws and regulations, including copyright, data protection, and advertising standards.

8.4 Commercial Use

You may use Generated Content for commercial purposes under a royalty-free, perpetual, worldwide licence, provided that you:

Comply with these Terms and applicable laws;
Do not use the content in ways that may harm Artifisio or third parties;
Verify that the Generated Content does not infringe any third-party rights.

The commercial licence includes:

Use on physical products (merchandise, prints, packaging, clothing, etc.);
Use on digital products (NFTs, video games, apps, websites, etc.);
Resale of Generated Content as part of a product or service;
Use by third parties on your behalf (agencies, contractors, licensees);
Modification, adaptation, and creation of derivative works;
Unlimited distribution and reproduction.

Commercial licence limitations:

You may not resell Generated Content as is as stock images or templates without substantial modification;
You may not register distinctive elements of Generated Content as trademarks without adequate personalisation;
You must always ensure your commercial use does not infringe third-party rights.

8.5 Content Verification

You are solely responsible for verifying that Generated Content is appropriate for its intended use and does not infringe third-party rights. Delate Srl does not perform prior content review and cannot guarantee that content is free from legal issues.

8.6 Moderation and Content Removal

We reserve the right to:

Monitor content generated on the Platform;
Remove any content that violates these Terms or that we deem inappropriate, without prior notice;
Suspend or terminate accounts that repeatedly breach our policies;
Report unlawful behaviour to competent authorities.

9. PRIVACY AND DATA PROTECTION

9.1 Processing of Personal Data

The processing of your personal data, including information provided through Google authentication, is governed by our Privacy Policy, compliant with the GDPR (Regulation (EU) 2016/679).

9.2 Usage Data

We may collect anonymised usage data to improve our services and optimise AI algorithms.

9.3 Cookies

The Platform uses technical and analytical cookies. Further details are available in our Cookie Policy.

9.4 Data Security and Retention

All illustrations and user data are securely stored on protected servers. We implement appropriate technical and organisational measures to safeguard your data.

Data Retention Periods:

Active accounts: Data retained for the duration of the account.
Inactive accounts: Accounts inactive for 24 consecutive months may be deleted after prior notice via email (30 days).
Generated illustrations: Retained for the duration of an active account.
System logs: Retained for up to 12 months for security and troubleshooting.
Billing data: Retained for 10 years in compliance with Italian tax law.
Post-deletion data: Deleted within 90 days of account cancellation unless required by law.

Automatic Deletion Notices:

First notice after 18 months of inactivity;
Second notice after 23 months;
Final notice 30 days before scheduled deletion.

Users may reactivate their accounts at any time by logging in before the deletion date.

10. WARRANTIES AND LIMITATIONS OF LIABILITY

10.1 Service Availability

We strive to keep the Platform available but do not guarantee uninterrupted or error-free operation. Service may be temporarily suspended for maintenance, updates, or technical reasons.

10.2 Disclaimer of Warranties

The Platform is provided "as is" and "as available", without any express or implied warranties, including but not limited to:

Merchantability or fitness for a particular purpose;
Accuracy or reliability of generated results;
Error-free or uninterrupted operation;
Any specific quality or outcome of the generated illustrations.

10.3 Limitation of Liability

To the maximum extent permitted by law, Delate Srl shall not be liable for:

Indirect, incidental, special, punitive, or consequential damages;
Loss of profits, data, business opportunities, or reputation;
Damages arising from the use or inability to use the Platform;
User-generated content or misuse thereof;
Errors, inaccuracies, or unsatisfactory illustration results;
Service interruptions or data loss;
Third-party rights violations by users.

Our total liability shall not exceed the amount you paid in the previous 12 months for using the Service.

10.4 Indemnification

You agree to indemnify, defend, and hold harmless Delate Srl, its directors, officers, employees, agents, and partners from any claim, action, loss, damage, liability, cost, or expense (including reasonable legal fees) arising from:

Your use or misuse of the Platform;
Violation of these Terms;
Infringement of third-party rights;
Illegal or inappropriate use of Generated Content;
Any content you upload, publish, or generate through the Platform.

11. USER CONTENT

11.1 User Inputs and AI Training Use

You retain ownership of all prompts, descriptions, style samples, and other inputs provided to the Platform. You grant us a worldwide, non-exclusive, royalty-free, transferable licence to use such inputs solely for the following purposes:

To provide the Service;
To improve AI technology and algorithms;
To train and optimise machine learning models.

AI Training Data Processing:

Inputs are anonymised before use in training processes;
Data is never sold or shared with third parties for external model training;
Data is used exclusively to enhance Artifisio's internal services;
You may request deletion of your data at any time by contacting info@delate.app, in accordance with the GDPR;
Withdrawal of consent to use data for AI training will exclude your data from future training processes, without affecting models already trained.

Moral Rights: Use of the Platform does not entail any waiver of your moral rights under Italian Copyright Law No. 633/1941. You retain the right of authorship and integrity over the generated works.

11.2 Responsibility for Content

You are solely responsible for:

All content you generate via the Platform;
How you use the Generated Content;
Ensuring Generated Content does not infringe any third-party rights;
Compliance with all applicable laws governing content use.

11.3 Content Quality

For optimal results:

Provide detailed and specific prompts;
Upload high-quality style references;
Use high-resolution options available in Premium and Pay-as-you-go plans.

12. AI TECHNOLOGY AND LIMITATIONS

12.1 Nature of AI

AI-generated illustrations are the result of probabilistic and creative processes. We do not guarantee:

Specific outcomes or exact adherence to user expectations;
Error-free or fully accurate results;
Complete originality of generated content;
Consistent quality across all generations.

12.2 Technical Limitations

Artificial intelligence may:

Produce unpredictable or inaccurate results;
Generate content requiring manual revision or refinement;
Misinterpret ambiguous or complex prompts;
Be influenced by the quality of user-provided style examples.

12.3 Continuous Improvements and Updates

We continuously update and improve:

The AI technology used by the Platform;
Generation algorithms;
Available style models;
The interface and features.

These updates may alter the style, quality, or results of Generated Content.

Impact on Existing Illustrations:

Future updates may modify the aesthetic or behaviour of generated outputs;
Previously generated illustrations will remain unchanged;
Regeneration after updates may yield different results;
We do not guarantee perfect compatibility or identical reproduction of previous styles following major updates.

12.4 No Warranty on Results

We accept no liability for:

Errors, inaccuracies, or inappropriate AI outputs;
Results failing to meet user expectations;
Generated content requiring manual adjustments.

13. SUPPORT AND ASSISTANCE

13.1 Support Channels

You can contact our support team:

Via the "Support" section on the Platform;
By emailing info@delate.app.

13.2 Response Times

Free (Sparkle) Plan: 24–48 business hours;
Premium (Supernova) Plan: within 12 business hours (priority support);
Pay-as-you-go (Willow) Plan: 24–48 business hours.

13.3 Common Issues

If you cannot generate new illustrations:

Check your credit balance;
Verify remaining monthly generations (Free Plan);
Purchase additional credits if necessary;
Contact support if the issue persists.

14. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. Substantial changes will be communicated via email to the address linked to your Google account, with at least 15 days' prior notice. Continued use of the Platform after changes take effect constitutes acceptance of the revised Terms.

15. TERMINATION AND CANCELLATION

15.1 Termination by the User

You may delete your account at any time:

Through your profile settings on the Platform;
Or by contacting info@delate.app.

For monthly subscriptions:

Termination takes effect at the end of the current billing period;
No further charges will be applied;
You may continue using remaining credits under the Free Plan;
The subscription remains active until the paid period expires.

15.2 Termination by Us

We may suspend or terminate your access immediately if:

You breach these Terms;
Engage in fraudulent, illegal, or inappropriate conduct;
Fail to make payment;
Misuse the Service or engage in prohibited activities;
Behave harmfully towards the Platform or other users.

15.3 Consequences of Termination

Upon termination:

You lose access to your account;
Unused credits are forfeited;
No refunds are provided for unused credits or subscriptions;
You may request a download of your generated illustrations within 30 days.

16. GOVERNING LAW AND JURISDICTION

16.1 Governing Law

These Terms are governed by Italian law.

16.2 Jurisdiction

Any dispute relating to these Terms or the use of the Platform shall fall under the exclusive jurisdiction of the Court of Rome, except where mandatory consumer protection laws provide otherwise. The parties expressly waive any other potential jurisdiction.

16.3 Alternative Dispute Resolution

Before initiating legal proceedings, the parties agree to attempt an amicable settlement through direct negotiation for at least 30 days.

16.4 ODR Platform

In compliance with EU Regulation No. 524/2013, EU consumers may use the European Online Dispute Resolution (ODR) platform available at: https://ec.europa.eu/consumers/odr

17. GENERAL PROVISIONS

17.1 Communications

All official communications will be sent to the email address associated with your Google account. You are responsible for:

Keeping your email address up to date;
Regularly checking your inbox (and spam folder) for messages from Artifisio.

17.2 Entire Agreement

These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Delate Srl and supersede all prior agreements.

17.3 No Waiver

Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or of any rights arising therefrom.

17.4 Severability

If any provision is deemed invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

17.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations to third parties, including in the event of merger, acquisition, or asset transfer.

17.6 Force Majeure

We shall not be liable for delays or failures caused by events beyond our reasonable control, including:

Natural disasters (earthquakes, floods, fires);
Wars, terrorism, or civil unrest;
Public service or telecommunication outages;
Cyberattacks or system failures;
Epidemics or pandemics;
Government acts or regulatory changes.

17.7 Geographical Restrictions

Use of the Platform is prohibited in countries or territories subject to:

EU economic or trade sanctions;
United Nations sanctions;
International embargoes or trade restrictions;
Lists of restricted territories under Italian law.

We reserve the right to block access from certain regions to comply with applicable regulations. Users are responsible for ensuring that their use of the Platform complies with the laws of their jurisdiction.

18. REGULATORY COMPLIANCE

18.1 GDPR and Data Protection

Processing of personal data complies with the GDPR (Regulation (EU) 2016/679). Your rights include:

Right of access;
Right to rectification;
Right to erasure ("right to be forgotten");
Right to restriction of processing;
Right to data portability;
Right to object;
Right to withdraw consent;
Right to lodge a complaint with the Italian Data Protection Authority (Garante Privacy).

18.2 EU Copyright Directive (Directive (EU) 2019/790)

We respect copyright and respond promptly to infringement notices. If you believe your rights have been violated, please contact info@delate.app.

18.3 AI Act (when applicable)

We commit to comply with the forthcoming EU Artificial Intelligence Act, including requirements regarding:

Transparency in AI system usage;
Technical documentation;
Risk management;
Human oversight.

18.4 Payment Regulations

We comply with PSD2 (Payment Services Directive 2) and all applicable online payment security requirements.

19. CONTACTS

For any questions, requests or notices relating to these Terms or the Platform, you may contact us at:

Delate Srl
Via Guglielmo Stefani 10
00157 – Rome (IT)
VAT No. IT15538531003
Email: info@delate.app

20. CONSUMER RIGHTS AND PRE-CONTRACTUAL INFORMATION

20.1 Pre-Contractual Information

In accordance with the Italian Consumer Code (Legislative Decree No. 206/2005), you are provided with the following pre-contractual information before purchasing credits or subscriptions:

Supplier Identity:

Delate Srl, Via Guglielmo Stefani 10, 00157 Rome (IT)
VAT No. IT15538531003
Email: info@delate.app

Main Characteristics of the Service:

AI-based illustration generation;
Online access to the Platform;
Export formats: SVG, JPG, PNG;
Credit-based operation system.

Price and Payment Methods:

Free Plan: €0;
Willow Plan: €99.99 (one-off);
Supernova Plan: €49.99/month (auto-renewal);
Payments via Stripe (cards, digital wallets, etc.);
Prices inclusive of VAT.

Contract Duration:

Free Plan: indefinite;
Willow Plan: one-off purchase, credits never expire;
Supernova Plan: monthly, auto-renewing until cancellation.

20.2 Right of Withdrawal

Under Articles 52–59 of the Italian Consumer Code, you have the right to withdraw from the contract within 14 days of purchase, without providing any reason.

IMPORTANT – Exclusion of Withdrawal Right: Pursuant to Article 59(1)(o) of the Consumer Code, the right of withdrawal is excluded for:

Supply of digital content not provided on a tangible medium (e.g. generated illustrations);
Services fully performed before the withdrawal period expires, with your prior express consent and acknowledgment of withdrawal waiver.

Express Consent: By using the Platform to generate illustrations before the 14-day period ends, you expressly acknowledge that:

The service has been fully performed;
You lose your right of withdrawal for used credits;
For unused Willow Plan credits, the withdrawal right remains valid within 14 days.

How to Exercise the Right of Withdrawal (where applicable): Send an explicit notice by email to info@delate.app including:

Your full name;
Account email address;
Order number or transaction reference;
Purchase date;
Declaration of intent to withdraw from the contract.

Refund (where applicable): In the event of a valid withdrawal, we will refund all payments received within 14 days of receiving your notice, using the same payment method used for the original transaction.

20.3 Legal Guarantees

As a consumer, you benefit from the legal guarantees provided by the Consumer Code, including:

Conformity guarantee (Articles 128 et seq.);
Right to report defects or non-conformities of the service.

To exercise these rights, contact info@delate.app.

Delate Srl
Via Guglielmo Stefani 10
00157 – Rome (IT)
VAT No. IT15538531003
Email: info@delate.app

BY ACCEPTING THESE TERMS, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND FULLY AGREED TO THEM. IN PARTICULAR, YOU ACKNOWLEDGE THAT DELATE SRL ACCEPTS NO LIABILITY FOR ANY UNAUTHORISED, ILLEGAL, OR IMPROPER USE OF THE PLATFORM, AND THAT YOU ALONE ARE RESPONSIBLE FOR YOUR USE OF THE SERVICE AND THE GENERATED CONTENT.