Terms of Service

1. Definitions

"Service(-s)" means our cloud-based software platform and related tools for AI-assisted creative ideation, creative brief analysis, project and workspace management, AI-generated content creation, prompt optimisation, inspiration discovery and organisation, collaboration, asset management, export functionality, onboarding, authentication, and related creative workflow services. Users are solely responsible for all prompts, inputs, briefs, images, videos, data, content, and generated outputs submitted to, uploaded to, or created through the Services, including their legality, accuracy, ownership, and use. First Concepts does not monitor or endorse Customer Content and disclaims liability arising from unlawful, infringing, defamatory, misleading, or otherwise objectionable content or outputs. First Concepts retains all right, title, and interest in and to the Services and all underlying software, models, algorithms, systems, methodologies, workflows, interfaces, prompt structures, know-how, and proprietary technology. We reserve the right to change the scope of Services at any time.

"Platform" means the First Concepts browser-based SaaS application and browser extension, accessible at firstconcepts.co and related Services.

"Customer" or "you" means the individual or entity that has registered for and subscribed to the Platform.

"Authorised Users" means individuals authorised by the Customer to access and use the Platform under the Customer's subscription.

"Customer Content" means all data, content, materials, and information that Customer or Authorised Users upload, submit, or create using the Platform.

"Confidential Information" means any non-public business, technical, financial, commercial, product, customer, user, software, roadmap, Customer Content, or other proprietary information disclosed by either party under or in connection with these Terms, whether through the Platform or otherwise.

"First Concepts", "we", "us", or "our" means First Concepts Creative Ltd, a company registered in England and Wales.

2. License Grant

Subject to your compliance with these Terms and payment of applicable fees, First Concepts grants you a non-exclusive, non-transferable, revocable license to access and use the Platform during the subscription term solely for your private business purposes.

This license does not permit you to:

• Sublicense, resell, or make the Platform available to third parties
• Reverse engineer, decompile, or attempt to extract source code
• Remove or obscure any proprietary notices
• Use the Platform for any unlawful purpose or in breach of these Terms

3. Customer Obligations and Acceptable Use

You agree to:

• Provide accurate registration and billing information
• Maintain the security of your account credentials
• Ensure Authorised Users comply with these Terms
• Use the Platform only for lawful purposes

You must not:

• Upload or share content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable, illegal or infringing any third parties' rights in any jurisdiction;
• Upload the special category personal data, health information and/or biometric information;
• Attempt to gain unauthorized access to the Platform or related systems
• Introduce viruses, malware, or other malicious code
• Use the Platform in any manner that could damage, disable, or impair our infrastructure
• Interfere with other customers' use of the Platform
• Use automated scripts or bots to access the Platform without our prior written consent
• Extract, process and use any data besides Customer Content while using the Platform

4. Intellectual Property

Your Content: You retain all ownership rights in Customer Content. You grant First Concepts a limited license to host, store, and process Customer Content solely to provide the Platform services to you.

Our Platform: First Concepts retains all right, title, and interest in and to the Platform, including all software, technology, designs, trademarks, and related intellectual property. These Terms do not grant you any ownership rights in the Platform.

Feedback: If you provide suggestions, ideas, or feedback about the Platform, we may use that feedback without obligation or compensation to you.

5. Data Processing and Privacy

We process personal data in accordance with our Privacy Policy, available at firstconcepts.co/privacy. By using the Platform, you acknowledge that you have read and understood our Privacy Policy.

No Training on Customer Content: We do not use Customer Content to train AI models, whether our own or any third party's. Customer Content is processed solely to deliver the Platform services you request.

Customer is solely responsible for ensuring it has appropriate legal bases and consents for any personal data included and/or used in Customer Content.

6. Confidentiality

Each party agrees to maintain the confidentiality of the other party's Confidential Information that became accessible to another party and to use it only as necessary to perform under these Terms. Confidential Information does not include information that: (a) is publicly available through no fault of the receiving party; (b) was rightfully known by the receiving party prior to disclosure; (c) is independently developed by the party; or (d) is received from a third party without breach of confidentiality obligations.

7. Security

We implement commercially reasonable technical and organizational measures to protect Customer Content against unauthorized access, loss, or alteration. However, no system is completely secure, and we cannot guarantee absolute security. We will notify Customer without undue delay following confirmation of any unauthorized access to Customer Content that is reasonably likely to result in a material risk to Customer or Authorised Users. Such notification may be delayed where required by law, regulation, or law enforcement authorities.

8. Service Availability

The Platform is provided "as is" and "as available." We strive to maintain high availability but do not guarantee uninterrupted or error-free service. We may perform scheduled maintenance and may suspend access temporarily for updates or repairs.

We do not provide service level guarantees (SLAs) at this stage.

9. Payment Terms

Pricing: Our standard pricing is £50 per Authorised User per month, billed monthly. Different pricing may apply where separately agreed or where access is provided on a trial or promotional basis.

Billing: Payment is processed via Stripe. By subscribing, you authorize us to charge your payment method on a recurring monthly basis.

Auto-Renewal: Subscriptions automatically renew each month unless you cancel before the renewal date.

Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial months.

Late Payment: If payment fails, we may suspend access to the Platform until payment is received.

Price Changes: We may change our pricing with at least 30 days' notice. Continued use after the effective date constitutes acceptance of the new pricing.

10. AI-Generated Outputs

The Platform uses third-party AI models to generate content at your request.

Ownership: As between you and First Concepts, you own all outputs generated through the Platform from your inputs. To the extent First Concepts holds any rights in such outputs, we assign those rights to you. This assignment does not extend to the underlying Platform technology, models, or systems used to generate those outputs.

Limitations: AI-generated outputs may not be unique and similar outputs may be generated for other users. Outputs may contain inaccuracies, errors, or content that resembles third-party materials. You are responsible for reviewing and validating all outputs before use, and for ensuring your use of outputs complies with applicable laws including intellectual property laws.

Similarities: You acknowledge and agree that, due to the nature of artificial intelligence and machine learning technologies, outputs generated through the Platform may be similar to content, ideas, concepts, functionality, suggestions, or other outputs generated for First Concepts or other users. Such similarities may arise from the operation of the underlying AI models, common inputs, publicly available information, or independent development activities and shall not, by themselves, be evidence that First Concepts has used, disclosed, or misappropriated your Confidential Information or Customer Content.

First Concepts will not intentionally use your Customer Content to develop or provide outputs for other users except as necessary to provide and improve the Services in accordance with these Terms and the applicable Privacy Policy.

11. Third-Party Services

The Platform integrates with third-party services (including AI model providers, payment processors, and authentication services). These services are governed by their own terms and privacy policies. We are not responsible for the availability, accuracy, reliability or practices of any third-party service.

12. Term and Termination

These Terms begin when you first access the Platform and continue until terminated.

Termination by You: You may terminate at any time by canceling your subscription and ceasing use of the Platform.

Termination by Us: We may suspend or terminate your access immediately if you breach any of provisions of these Terms or for non-payment.

Effect of Termination: Upon termination:

• Your right to access the Platform ends immediately
• We will retain Customer Content for 30 days to allow you to export your data, after which it will be deleted from active systems. Backup copies will be purged within 90 days of termination. Data required to be retained by law (e.g. payment records) will be isolated and retained only for the legally required period.
• Sections that by their nature should survive (including intellectual property, confidentiality, limitation of liability, and dispute resolution) will continue to apply

13. Limitation of Liability

Liability Cap: To the maximum extent permitted by law, First Concepts' total aggregate liability arising from or related to these Terms or the Platform shall not exceed the total fees you paid to us in the 12 months preceding the event giving rise to liability.

Exclusion of Consequential Damages: In no event shall First Concepts be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, loss of data, or business interruption, even if we have been advised of the possibility of such damages.

Exceptions: Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.

14. Restricted Competitive Use

Users shall not access or use the Services, directly or indirectly, to develop, train, improve, benchmark, or operate any competing product or service that replicates Services', any part of Services' or related proprietary functionality. Users further agree not to circumvent the Platform to avoid applicable subscription fees or commercial relationships facilitated through the Services.

15. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Platform will meet your requirements, be error-free, secure, or uninterrupted.

16. Changes to Terms

We may modify these Terms from time to time. We will provide notice of material changes by email or through the Platform at least 14 days before the changes take effect. Your continued use after the effective date constitutes acceptance of the modified Terms.

17. General

Governing Law: These Terms are governed by the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and First Concepts regarding the Platform.

Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.

No Waiver: Our failure to enforce any right or provision does not constitute a waiver.

Assignment: You may not assign these Terms without our prior written consent. We may assign these Terms to an affiliate or in connection with a merger or sale.

18. Contact

For questions about these Terms, contact us at:

First Concepts Creative Ltd
Room 1.14 Bastille Court
1-2 Paris Garden
London, England, SE1 8ND

Email: conor@firstconcepts.co