Términos del servicio

1. Key Definitions

Organization: the legal entity (company or organization) that contracts Grayola. The Organization shall be responsible for all payments, Credit consumption, contractual obligations, and use of the Platform by its Users.

Brand: a sub-space or workspace within an Organization used to manage assets, context, Projects, and creative memory.

User: a natural person authorized by the Organization to access and use Grayola. Users shall at all times act in the name and on behalf of the Organization.

Project: a request for creative work created within the Platform.

Deliverables: files, versions, editable source files, or other materials produced in connection with a Project.

Credits: the internal unit representing creative capacity.

Pricing Algorithm: Grayola’s automated system that estimates, adjusts, and charges Credit consumption.

Authorized Channels: the Platform’s internal tools and any other channel expressly enabled by Grayola.

2. Nature of the Service (Creative as a Service)

Grayola operates under a Creative as a Service (CaaS) model. The subscription grants:

• Access to Grayola as a creative operating system for centralizing brand assets, guidelines, manuals, editable files, history, context, and creative memory.
• Access to monthly creative capacity, expressed in Credits, for requesting graphic design and video editing services through Grayola’s designer network.

Grayola does not sell hours, does not sell individual deliverables, and does not operate as a traditional agency. All Projects, communications, and Deliverables shall be managed exclusively within the Platform.

3. Account, Users, and Responsibilities

3.1. The Organization represents that it has legal authority to accept these Terms.

3.2. The Organization shall be responsible for:

• the activity of all of its Users;
• the legality of, and title to, all uploaded content;
• compliance with these Terms.

3.3. Grayola may offer role and permission controls depending on the subscribed plan.

4. Plans, Subscription, and Billing

4.1. Grayola offers monthly and semi-annual subscription plans.

4.2. Each plan includes: a monthly Credit allowance, a base number of Users, a base number of Brands, and specific Grayola features.

4.3. Subscriptions shall renew automatically at the beginning of each cycle unless cancelled in advance.

4.4. For semi-annual plans, payment is made in advance for six (6) months. Discounts apply solely under this arrangement.

4.5. Except where expressly required by law, payments are non-refundable.

4.6. Grayola may modify prices or plans upon reasonable notice; changes shall apply as of the next renewal cycle.

5. Additional Users and Brands (Add-Ons)

5.1. Each plan includes defined limits on Users and Brands.

5.2. Exceeding such limits shall incur recurring charges: USD $5 per additional User/month and USD $5 per additional Brand/month.

5.3. Grayola may restrict the creation of additional Users or Brands until the corresponding add-on is confirmed.

6. Credits: Allocation, Rollover, and Consumption

6.1. Credits are allocated monthly in accordance with the subscribed plan.

6.2. Unused Credits shall roll over automatically up to a maximum equal to two (2) times the plan’s monthly capacity. Once such limit is reached, the monthly allocation shall be paused until Credits are consumed.

6.3. Credits are not currency, are not transferable, and are neither refundable nor redeemable for cash.

6.4. The Organization expressly authorizes Grayola to estimate, reserve, debit, and/or adjust Credits before, during, and after execution of a Project where the Pricing Algorithm detects changes in scope, iterations, urgency, or other operational variables.

6.5. The cost in Credits may vary according to supply-and-demand principles and variables such as urgency, complexity, consumption history, location, time of Project creation, designer availability, and changes during execution.

7. Projects, Briefs, and Automatic Closure

7.1. The Organization shall be responsible for providing clear and complete briefs. Ambiguous briefs may affect turnaround times and Credit consumption.

7.2. Grayola may use artificial intelligence to analyze briefs, assign designers, and estimate Credit consumption.

7.3. Projects with no response from the Organization for more than fifteen (15) days may be closed automatically.

7.4. Reopening closed Projects may result in additional Credit consumption.

8. Turnaround Times and Support

8.1. The general standard is to respond or deliver progress within 24 to 48 hours, whether partial or complete.

8.2. Times may vary depending on complexity, iterations, and volume.

8.3. Guaranteed SLAs apply solely to Enterprise plans under a specific agreement.

9. Authorized Channels and Service Warranty

9.1. Grayola warrants only those Projects, Deliverables, and support managed within the Platform.

9.2. The Organization undertakes not to contact designers through unauthorized channels.

9.3. Grayola shall not be liable for any work or arrangements managed outside of Grayola.

10. Intellectual Property

10.1. The Organization retains title to the materials it contributes.

10.2. Final Deliverables that have been approved and paid for shall become the property of the Organization.

10.3. Grayola retains all rights in and to the Platform, algorithms, workflows, interface, and know-how.

11. Acceptable Use and Suspension

The Organization shall not use the Platform for unlawful, infringing, or abusive activities. Grayola may suspend or terminate access in the event of breach, with no obligation to refund.

12. Data Processing Addendum (DPA)

12.1. For Enterprise Organizations, or where required by law, Grayola makes available a separate Data Processing Addendum (DPA) governing the processing of personal data.

12.2. The DPA sets forth the obligations of Grayola as data processor and of the Organization as data controller, including security measures, sub-processors, and regulatory compliance (e.g., GDPR, CCPA).

12.3. In the event of any conflict between these Terms and the DPA, the DPA shall prevail.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." GRAYOLA MAKES NO WARRANTY OF ANY SPECIFIC RESULT, NOR THAT OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRAYOLA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. GRAYOLA’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY THE ORGANIZATION TO GRAYOLA IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Binding Arbitration and Class Action Waiver

15.1. Any dispute arising out of or relating to these Terms or the use of Grayola shall be resolved by binding arbitration, and not in a court of general jurisdiction, except for applications for injunctive relief.

15.2. The Organization and Grayola agree that any claim shall be brought on an individual basis only, and each party hereby expressly waives any right to participate in a class, collective, or representative action.

15.3. The arbitration shall be governed by applicable law and shall be conducted in the State of Delaware, unless otherwise agreed.

16. Modifications

Grayola may update these Terms at any time. Continued use of the Platform constitutes acceptance of such changes.

17. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law principles.

18. Contact

For legal or commercial inquiries:

team@grayola.io

www.grayola.io