Terms and conditions
Welcome to our website https://thinkartive.com/!
This website (“https://thinkartive.com/”, “Website”) is owned and operated by thinkartive.com (Legal entity: Nextartive OÜ, Harju maakond, Tallinn, Kesklinna linnaosa, Parda tn 6, 10151) ("Thinkartive.com”, “we”, ‘’us”, “Nextartive OÜ”).
In these Terms, the words “you”, “your”, and “User” refer to the individual accessing or using our Website. Throughout these Terms, both the User and the Company may be referred to individually as a “party” and collectively as “the parties”.
Before continuing to use our Website, we encourage you to carefully read our Privacy Policy, which outlines how we collect and handle user data. Please note that we are not liable for the privacy policies or content of any third-party websites that may be linked from our Website.
By accessing or using this Website, you agree to be bound by these Terms. These Terms may be updated at any time, and it is your responsibility to review them periodically.
General Provisions
This Website is administered by Nextartive OÜ;
Registry code: 17304784;
Registered address: Harju maakond, Tallinn, Kesklinna linnaosa, Parda tn 6, 10151;
Support and general queries: support@thinkartive.com
Definitions
The definitions and rules of interpretation in this clause shall apply in these Terms of Service:
Terms and conditions (“Terms of Service”, “Terms”) – means these terms and conditions, which are the contract of a public offer, a substitute for the written or other form of agreement, and have the same legal force as a written contract.
Agreement - any agreement resulting from an offer or confirmation, and any agreement incorporating these Terms of Service by reference.
Website - www.thinkartive.com
Service (Services) - means any product or service provided by Nextartive OÜ to the User according to and as more particularly described in the Agreement.
Personal Data - means any information that relates to an identified or identifiable natural person, also known as a "data subject."
Privacy Policy – refers collectively to the Privacy Policy and Cookie Policy available on the Website. These policies govern the procedures for processing Personal Data by Nextartive OÜ.
AI Image Generation Technology - the AI system used to create images and content.
Content - all material provided via the Platform, including user content and third-party contributions.
Business Days – means a day (other than Saturday, Sunday, or a public holiday) when banks and governmental authorities in Estonia are open for business on the same day.
GOVERNING LAW
These Terms and Conditions (as defined below) and any separate agreements whereby we provide you Services shall be governed by and construed under the Estonian laws.
By accessing our website or making a purchase, you are participating in our Service and acknowledging that you accept the following Terms and Conditions (“Terms of Service,” “Terms”). These Terms also include any additional policies or terms linked within this document or accessible via hyperlink. They apply to everyone who uses the site, including—without limitation—visitors, buyers, vendors, merchants, and content contributors (collectively referred to as “users” or “you”).
We may, at our discretion, modify or update any part of these Terms and Conditions by publishing the revised version on our website. It’s your responsibility to review the Terms regularly. Continued use of the website or services after changes have been made will signify your agreement to the updated Terms.
These Terms, along with any policies or rules posted on the site in relation to the Service, represent the full agreement between you and us. They take precedence over any previous or current understandings, discussions, or agreements—whether written or verbal—between you and our team (including earlier versions of these Terms and Conditions).
Disclaimer of Warranties
Our services are provided on an “as is” basis. We make no guarantees that they will always function without disruptions or errors. To the fullest extent allowed by law, thinkartive.com disclaims all warranties and representations of any kind. Any reliance you place on the services or materials provided through this website is done entirely at your own risk.
Specifically, but not limited to the following, thinkartive.com disclaims - again, to the maximum extent permitted by applicable law - any and all:
(A) warranties of merchantability or suitability for a specific purpose;
(B) guarantees that our services do not infringe upon the rights or intellectual property of third parties;
(C) assurances regarding the delivery, transmission, or operation of the services;
(D) claims related to the accuracy, completeness, reliability, timeliness, or correctness of any content or data shared through our services or website. This includes (but is not limited to) any advice, opinions, statements, materials, or databases that may be shown, uploaded, or distributed within the platform.
Additionally, we do not guarantee that the services will meet your individual expectations or the expectations of anyone else.
Thinkartive.com provides no express or implied warranties that:
(A) the services will be accessible at any specific time or place;
(B) any errors or faults will be fixed;
(C) the content available through our services will be free from viruses or harmful components.
Please note that all content and services are subject to change without notice, and thinkartive.com assumes no liability for their availability or performance. We also reserve the right to correct any mistakes or omissions within the services or on the website.
Limitation of Liability
To the fullest extent permitted by applicable law, thinkartive.com, along with its affiliates, team members, agents, directors, employees, suppliers, and licensors, shall not be held responsible for any damages arising from your use of the website, its content, or any materials accessed through it. This includes - but is not limited to - losses or harm resulting from your reliance on any information provided by thinkartive.com, or from issues such as data loss, service interruptions, file or email deletions, system errors, viruses, delays in transmission, or failures in performance. Such failures may result from natural disasters, technical problems, theft, fraud, unauthorized access, or other causes.
Furthermore, under no circumstances will thinkartive.com be liable for any indirect, incidental, special, punitive, or consequential damages. This includes - but isn’t limited to - loss of revenue or profits, damage to reputation, loss or theft of personal data, or the inability to access or use the website or its features. Your only remedy, should you be dissatisfied with any part of the website or services, is to discontinue using them.
Thinkartive.com also disclaims liability for:
- Any injury or property damage resulting from your use of the site;
- Unauthorized access to secure systems or stored personal information;
- Any content submitted by users;
- Or offensive, unlawful, or harmful actions carried out by third parties.
In any event, our total liability to you for any claims, damages, or losses will not exceed the amount you’ve paid to thinkartive.com for the services, if any, or the maximum allowed by law, whichever is greater.
These limitations apply regardless of the legal theory involved - whether contract, tort, negligence, strict liability, or otherwise - even if thinkartive.com was previously made aware that such damages could occur.
Confidentiality
Definition
“Confidential Information” refers to any non-public information shared between the parties during the course of the Agreement, whether communicated verbally, in writing, or through physical access (such as to documents, personal data, software, infrastructure, equipment, or business plans). This includes not only information owned by the disclosing party but also data that may have been provided to them by a third party. However, the following types of information are not considered confidential:
(i) Information that was already publicly known and widely accessible before it was disclosed;
(ii) Information that becomes publicly available through no fault of the receiving party after disclosure;
(iii) Information the receiving party can prove was already lawfully in their possession prior to receiving it from the disclosing party;
(iv) Information obtained lawfully from another source that is not bound by a confidentiality obligation;
(v) Information independently developed by the receiving party without referencing the disclosing party’s materials;
(vi) Information that must be disclosed by law or court order - so long as the receiving party gives prompt written notice to the disclosing party and cooperates to secure protective measures, disclosing only what is legally required.
Use and Disclosure Restrictions
Both parties agree to keep each other's Confidential Information strictly confidential and to use it only as necessary to fulfill their obligations under the Agreement. Sharing of such information with third parties is not permitted unless specifically allowed under the terms set forth below.
Agreement Terms
All commercial details of the Agreement - such as pricing, timelines, and deliverables - will be treated as Confidential Information by both parties. Neither side may reference or publicly disclose the terms of this Agreement in any announcement or publication without prior consent from the other party, except under the following circumstances:
(i) Where disclosure is legally required and prior written notice is given to the other party, allowing time to seek protective measures;
(ii) To the party’s legal counsel, provided they are informed and bound to maintain confidentiality;
(iii) As part of a required filing related to an IPO or securities regulation, as long as efforts are made to request confidential treatment of sensitive terms;
(iv) To financial institutions, banks, auditors, or advisors - so long as those individuals or entities are made aware of and agree to uphold confidentiality to the same standard;
(v) During a merger, acquisition, or similar corporate transaction (or negotiation thereof), provided the receiving party is also bound to keep the disclosed information private under the same level of care.
Personal Data Processing
The User of the Website acknowledges that Nextartive OÜ, as the data controller, is entitled to process Personal Data to provide its services and for other purposes described in the Privacy Policy. The User confirms having read and understood the Privacy Policy and agrees to the provisions described therein.
AI-Generated Content
You own your AIGC content. By uploading or generating content, you grant us a license to use it for platform operation and improvement. You are responsible for ensuring your content is legal and does not infringe on others’ rights.
Service Description
Our Platform enables users to create digital content using AI tools. The services are offered for entertainment and creative purposes only. We reserve the right to change or remove any feature or service at any time.
Order Management and Account Responsibilities
We reserve the right to decline any order you place with us for any reason. At our discretion, we may impose limits on the number of items purchased per individual, household, or order. These limitations may apply to orders associated with the same customer account, payment method, or billing and shipping address. If an order is changed or canceled, we may try to inform you by using the contact information - such as email, phone number, or billing address - provided at checkout. We also reserve the right to reject or restrict any orders that, in our opinion, seem to be placed by dealers, bulk buyers, or resellers.
You are responsible for ensuring that all account and purchase information you provide is current, accurate, and complete. This includes promptly updating your email address, payment details, and any other relevant data to help us process transactions and reach you if necessary.
Thinkartive.com may carry out identity verification to confirm the information you provide. This may involve requesting documents, copies, or images such as an ID, proof of payment method, confirmation of legal authority to represent or act on behalf of another person, and valid contact details (e.g., phone number or email). These documents must be submitted within one business day upon request. If not provided in a timely manner, we may deny your registration or cancel an order, with a refund issued if applicable.
You agree not to use another person's account, login credentials, or share your password with others. Any action that could compromise the security of your account is strictly prohibited. You must notify us immediately if you suspect unauthorized access or use of your account.
If we believe you've breached these Terms, or if your registration details appear to be false, incomplete, or outdated, we may suspend or terminate your account and deny access to some or all of our services.
We are not liable for any damage or loss - whether to you or a third party - that results from unauthorized access to or use of your account.
Restricted Access and Prohibited Use
This website is intended for use by individuals who are 18 years of age or older. If you are under 18, you may only access the site under the supervision of a parent or legal guardian.
Access to our website is strictly prohibited for users located in the following regions or countries: Afghanistan, Belarus, Central African Republic, China, Cuba, Democratic Republic of the Congo, Crimea, Donetsk and Luhansk regions of Ukraine, Iran, Lebanon, Libya, Mali, Myanmar (Burma), Nicaragua, North Korea, Russian Federation, Somalia, Sudan, Syria, Venezuela, Yemen, and Zimbabwe.
In addition to the general terms outlined in our Terms and Conditions, the following uses of our website or its content are strictly forbidden:
(a) engaging in any unlawful activity;
(b) encouraging others to commit illegal acts;
(c) violating any applicable local, national, or international laws, rules, or regulations;
(d) infringing on our intellectual property rights or those of any third party;
(e) using the site to harass, abuse, insult, harm, defame, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnicity, race, age, nationality, or disability;
(f) submitting false, inaccurate, or misleading information;
(g) uploading or spreading viruses, malware, or any code intended to damage or disrupt the functionality of the website, related services, or the wider internet;
(h) harvesting or collecting personal data from others without their consent;
(i) using the site for spamming, phishing, pretexting, crawling, scraping, or similar activities;
(j) engaging in or promoting obscene, offensive, or morally inappropriate content or behavior;
(k) bypassing or interfering with the site’s security features, or those of related websites or platforms.
We reserve the right to suspend or permanently terminate access to our services if you are found to be engaging in any prohibited behavior listed above.
Ordering & Delivery
The delivery time of items from the moment of payment confirmation can take up to up to 24 hours and depends on the availability of the items you have chosen in our virtual warehouse. Orders are delivered as virtual goods to your account. All information about the purchase of the Service will be sent to the user using the user’s e-mail address or the user’s account.
Payments and Service Delivery
- Funding Your Account
To access specific features or premium services on our platform, you may need to add funds to your user account. These funds are converted into Points, which can then be used to access tools, content, or enhanced features available on the platform. Points can be added by purchasing pre-set packages or by choosing a custom top-up amount. The current conversion rate is 1 (one) Point per 1 (one) Image. - Use of Points
When you purchase Points, you receive a limited, non-exclusive, non-transferable, and revocable license to use them solely within your account on our platform. Points may only be used to acquire services offered through the platform and cannot be sold, transferred, exchanged for cash, or purchased outside the platform or by any means not explicitly allowed here. Once Points are credited to your account, our obligation to provide them is considered fulfilled. - Pricing Information
All pricing details for top-ups and services are available on our website or directly within the platform. We reserve the right to modify prices at any time. Any updates to pricing will be communicated in advance whenever possible. - Payment Methods
You are responsible for submitting correct and authorized payment information. By entering your payment details, you confirm that you have the legal right to use the selected payment method. - Refund Policy
Once Points have been credited to your account, they are generally non-refundable, unless stated otherwise at our discretion.
Refunds for digital artwork may be considered only in cases where technical problems prevent access to the purchased content, or if the artwork hasn’t been accessed or downloaded. Refund requests must be submitted to our support team at support@thinkartive.com within 14 days of purchase. To process a refund, we may request additional details such as screenshots, order confirmation, or a description of the issue. Any decision to issue a refund rests solely with us. If approved, refunds will typically be returned in the form of Points credited back to your account.
If you reside in the EEA, the United Kingdom, or Switzerland, you retain the right to refunds within 14 calendar days without providing reasons. The withdrawal period commences from the date of entering into contract with us when purchasing any Digital Item or Service from us and lasts for 14 calendar days.
- Taxes and Additional Charges
Prices shown for top-ups and services may be subject to taxes, duties, or other fees, depending on your location or local laws. You are fully responsible for any such charges that may apply. - Third-Party Payment Services
We may work with external payment providers to process your transactions. By using these services, you agree to comply with their terms and understand that we are not liable for any issues or errors caused by third-party processors. - Delivery of Services
Points will be added to your account balance instantly once your payment is confirmed. You can begin using them right away to access eligible services. For services that involve digital artwork or custom deliverables, you can expect to receive your completed files within 2 business days of successful payment. Depending on the nature of your order, delivery times may vary, and we’ll notify you in advance of any delays. If you experience any problems with receiving your order, feel free to reach out to our support team for help. - Order Cancellations
You’re free to cancel your order anytime before completing a payment, with no penalties. If payment has already been made and you wish to cancel, please refer to the Refund Policy section above for instructions on how to proceed.
Dispute Resolution
In the event of any disagreement arising from the interpretation or application of these Terms, both parties agree to make a sincere effort to resolve the issue amicably through direct negotiation. If such attempts fail to produce a satisfactory outcome, either party may submit the matter for arbitration through the Court of Arbitration at the Estonian Chamber of Commerce and Industry (ECCI), following the arbitration rules in force at that time. The arbitration will be conducted in Tallinn, Estonia, and the proceedings will be held in English. The final decision issued by the arbitral tribunal will be binding on both parties and not subject to appeal.
Severability
If any part of these Terms is deemed unlawful, invalid, or unenforceable by a competent court or arbitrator, that specific portion will be adjusted as necessary to ensure it is enforceable to the fullest extent permitted by law, while still reflecting the original intent. Should such modification not be possible, the rest of the Terms will remain fully valid and unaffected.
Indemnification
You agree to defend, indemnify, and hold harmless the Website, its owners, and its employees against any claims, damages, or losses brought by third parties as a result of your violation of these Terms (or related policies), any breach of applicable laws, or infringement of third-party rights. If any legal dispute arises and the Website is found to be the prevailing party by final judgment of a competent court, the Website is entitled to full reimbursement of all legal costs and attorney fees, in addition to any other awarded compensation.
Force Majeure
Neither party will be held liable for any delay or failure to fulfill obligations under these Terms if such delay or failure is due to circumstances beyond their reasonable control. These may include, but are not limited to: natural disasters, fires, floods, wars, acts of terrorism, pandemics, civil unrest, government restrictions, strikes, equipment or transportation failures, internet outages, or any other event of a similar nature that could not have been reasonably foreseen or avoided.
Intellectual Property
The relationship between Nextartive OÜ and the User, governed by these Terms and applicable to all orders made through the Website, shall be subject to the laws of Estonia. Any legal action arising from this agreement may be brought in Estonian courts, though Nextartive OÜ retains the right to pursue claims in any court with proper jurisdiction.
All trademarks featured on the Website are the property of their respective owners.
Copyright
All content and materials available on the Website - including text, images, videos, graphics, audio, metadata, and source code - are protected under Estonian and international copyright laws as individual works or compilations. Ownership of all such intellectual property belongs to Nextartive OÜ or its licensors.
You may not reproduce, distribute, display, modify, adapt, upload, transmit, or otherwise use any content from the Website without prior written permission from Nextartive OÜ. This includes any use in training or development of AI or machine learning models.
Miscellaneous Provisions
Governing Framework
Any aspects of the relationship between You and Nextartive OÜ not explicitly addressed in these Terms shall be guided by applicable internal rules and policies set by Nextartive OÜ and its partners. This includes, but is not limited to, matters such as dispute resolution, applicable law, severability, and other general provisions.
Supplementary Terms
When using certain services or features, you may be required to accept additional terms or policies. These are to be read carefully and will apply alongside these Terms. Unless explicitly stated, such supplemental terms do not override or replace the main Terms.
No Waiver
If thinkartive.com chooses not to enforce any part of these Terms at any given time, it does not mean we waive our right to enforce them later or in other situations, including similar future breaches.
No Legal Relationship
Your use of the Website and Services does not create any form of partnership, joint venture, agency, or employment relationship between You and thinkartive.com.
Termination Rights
We reserve the right to suspend or terminate your access to the Services at any time, with or without notice, and for any reason. Provisions of these Terms that are intended to remain in effect following termination will continue to apply. We also retain the right to pursue legal remedies in response to any violations of these Terms.
Entire Agreement
These Terms represent the complete and final agreement between You and Nextartive OÜ concerning your use of the Website and Services. They override any prior agreements, discussions, or understandings - whether written or oral.
Last Update: August 20, 2025
