Terms of Service

Welcome to Contentist!

We are excited that you have chosen Contentist for your online content creation needs. Please ensure you read these terms of service ("Terms") carefully before using our services. By registering on our website and clicking "I Agree," you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

Definitions:

  • "We," "Us," "Our" – refers to Contentist, a service provided by Blackhole Enterprise FZ-LLC, located at FOB51646 Compass Building Al Shohada Road AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates, and our associates.
  • "User," "You," "Your" – refers to any individual or entity that registers on our website to use the Contentist services.
  • "Service," "Contentist" – refers to the online content creation software provided through our website and associated services.
  • "Website" – refers to the site accessible at www.contentist.io, including all subdomains and sites linked to our service.

1. Terms of Use

1.1 You agree to use Contentist solely for lawful purposes as permitted by these Terms and in compliance with all applicable laws, rules, and regulations.

1.2 You are responsible for the content you upload, create, edit, or share while using Contentist and for any actions (including any loss or damage) associated with such content.

1.3 You retain ownership of your content. We do not claim any intellectual property rights over the content you provide to our service. By uploading or using content on Contentist (for example, text or images), you grant us a worldwide, non-exclusive, perpetual, royalty-free license to interact with your content as necessary for the operation of Contentist, which includes actions like copying, storing, editing, distributing, and publishing on social media or other platforms, provided you have the legal rights to use and license such content.

1.4 We do not undertake to back up any content that you upload; it is highly recommended that you keep independent backups of all content. Contentist is not responsible for any loss or corruption of your data.

1.5 You agree that we may identify you as a Contentist client in our promotional materials. This includes the right to use your business name, logos, and other trademarks, as well as any other intellectual property associated with your business for marketing, testimonials, and public presentations related to our Services.

1.6 All intellectual property rights in and to Contentist and its services are owned by us. You are not permitted to copy, reproduce, modify, resell, mirror, or create derivative works of Contentist without our express written permission.

1.7 It is your responsibility to maintain the confidentiality of your account credentials, including your password. You must notify us immediately of any unauthorized use of your account. We are not liable for any losses suffered due to compromised account credentials.

These changes ensure that the terms of use reflect the specifics of Contentist while maintaining the necessary legal coverages and responsibilities for both parties.

2. Provision of Services

2.1 We reserve the right to update, amend, or modify Contentist services and may temporarily suspend the services for maintenance, corrections, or other necessary adjustments. We may also decide to permanently discontinue the services at our discretion, and we will provide reasonable notice in advance should this occur.

2.2 By using our services, you acknowledge that these updates, amendments, or modifications may alter the appearance and functionality of Contentist.

2.3 If any changes to the services materially affect these Terms, including changes related to pricing, we will notify you, giving you the option to object to these changes and terminate your use of the services under the current Terms.

2.4 Contentist commits to maintaining the efficiency and effectiveness of our services by implementing, installing, and maintaining all necessary updates, upgrades, improvements, corrections, bug fixes, patches, and modifications at our own expense.

This version aims to clearly communicate Contentist's commitments and the user's rights regarding service modifications and updates.

3. Trial Period

3.1 Offer of a Trial Period
Contentist offers a 14-day trial period starting from your initial registration. This trial allows you to evaluate our services before committing to a paid subscription.

3.2 Trial Period License
During the trial period, you will be granted a temporary, limited license to use Contentist and explore all of its functionality without any cost.

3.3 Conclusion of the Trial Period
Upon expiration of the trial period, you have the option to subscribe to one of our paid plans to continue using our services. If you choose not to subscribe, your account will remain active, but access to the functionalities of Contentist will be suspended until a subscription is activated.

4. Payment

4.1 The currently valid pricing options for all subscription plans are available from our pricing page at www.contentist.io/pricing.

4.2 Your subscription is payable monthly or yearly in advance and is non-refundable, depending on your selected subscription plan. A valid payment method is required to pre-pay your subscription.

4.3 We will charge the subscription fee from the credit card you provided at registration or through a PayPal payment a day before your subscription renews. For new subscriptions, we will charge the subscription fee immediately upon processing your payment. If we are unable to charge your payment method, your access to the Services may be temporarily suspended until payment is received.

5. Subscription Changes and Termination

5.1 You can upgrade your subscription at any time by selecting a new plan in your user account billing section, with changes effective upon our receipt of the new subscription fee.

5.2 You can downgrade your subscription at any time. Such changes will take effect at the end of your current subscription period, and billing adjustments will apply starting from the next billing cycle.

5.3 Your subscription includes access to the features and functionalities specified in the tier you have selected. New features or services introduced may not be included in your current subscription unless otherwise specified.

5.4 You may terminate your subscription at any time by contacting us at support@contentist.io. No cancellation fees will be applied, and no further payments will be required. You will continue to have access to Contentist until the end of your current subscription period.

5.5 We do not offer refunds, partial or complete, for any pre-paid subscription fees if you choose to terminate your subscription early, downgrade, or discontinue use.

5.6 We may delete your data irreversibly at the end of your subscription period. Ensure that you back up your data as necessary.

5.7 We reserve the right to block, restrict, terminate, or suspend your account without prior notice if you violate these terms, especially if you fail to make timely payments.

6. Limitation of Liability

6.1 To the fullest extent permitted by applicable law, we are not liable for indirect, consequential, exemplary, incidental, or punitive damages arising from your use of the Services. Direct damages will not exceed the amount of one month’s subscription fee.

6.2 We are not responsible for the actions, omissions, or conduct of third parties, including but not limited to social media platforms and other linked services. Your sole remedy for dissatisfaction with Contentist is to discontinue using our Services.

6.3 Apart from scheduled interruptions, we are not liable for delays or failures in our Services caused by factors beyond our control, including but not limited to technical disruptions, third-party actions, or failures.

7. Prohibited Usage

7.1 You are accountable for your use of Contentist, as well as its use by any individuals, collaborators, or parties you engage with, according to these Terms and all applicable laws and regulations. You must ensure that you do not engage in any of the prohibited activities outlined in this section.

7.2 The following are considered “Prohibited Usage” and are strictly forbidden on Contentist:

7.2.1 Engaging in or supporting terrorist activities, hate crimes, violence, or any form of illegal activity.

7.2.2 Promoting or publicizing violent crime, theft, and/or fraud.

7.2.3 Depicting criminal activity or confessing to crimes committed by you or your associates.

7.2.4 Disseminating or displaying materials that could be considered objectionable or indecent, including pornography, sexual harassment, hateful, or embarrassing content.

7.2.5 Using content that infringes upon intellectual property rights, particularly copyright and trademark laws.

7.2.6 Conducting activities contrary to the laws of your home jurisdiction or any other applicable laws, including libel, defamation, invasion of privacy, causing emotional distress, or breaching confidentiality.

7.2.7 Expressing support or admiration for individuals or groups involved in any of the prohibited activities mentioned above.

7.3 Without prior notice, we may block, restrict, or terminate your access to Contentist or your account if we suspect involvement in any prohibited activities, and may remove any content that we believe constitutes prohibited usage.

8. Changes to the Terms

8.1 We reserve the right to periodically modify, add, or remove parts of these Terms or alter our Services, including pricing. It is your responsibility to review these Terms regularly for changes.

8.2 Any changes will become effective on the date specified, and not before they are posted on our website. Whenever possible, we will notify you of these changes by email. If you disagree with the modifications, you have the right to terminate your use of the Services in accordance with these Terms.

9. Intellectual Property

9.1 All content on our website, including text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is either our property or that of our content suppliers and is protected by intellectual property laws. Usage of any content is strictly prohibited unless we provide written authorization.

9.2 The compilation of all content on the website is the exclusive property of Contentist and is protected under intellectual property laws.

9.3 All software used on or provided through our website is owned by Contentist or its software suppliers and protected by intellectual property laws.

9.4 You must not, directly or indirectly:

  • Reverse engineer, disassemble, decompile, or attempt to uncover the source code or underlying algorithms of any part of Contentist, except to the extent that such restrictions are prohibited by law.
  • Modify or create derivatives of any part of the Service.
  • Rent, lease, or use the Service for timesharing or service bureau purposes.
  • Remove or obscure any proprietary notices on the Service.

9.5 You are prohibited from using any automated device, program, or method to access, acquire, copy, or monitor any part of the Service or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain any materials not intentionally made available through the Service.

9.6 Unauthorized attempts to access any part of the Service or related systems and networks are forbidden.

10. Data Protection

10.1 Data Processing Agreement
This Section 10 constitutes a Data Processing Agreement between Contentist and the Customer, detailing our procedures regarding the processing of Personal Data on behalf of the Customer in the scope of providing the Services.

10.2 Definitions
Any capitalized terms not defined herein shall have the meanings set forth in the General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR") and any applicable national laws relating to the processing of personal data and privacy.

10.3 Role Clarification
This section applies only to processing activities where we act as a data processor. For activities where we act as a data controller, please refer to our separate Privacy Policy.

10.4 Processing Activities
We will process personal data provided by you, including but not limited to account administration, information and content you provide, usage of our Services, and transaction details.

10.5 Third-Party Disclosure
We will not disclose personal data to third parties except as necessary to provide the Services, comply with your instructions, or as required by law. All disclosures will comply with the safeguards and obligations of this Agreement.

10.6 Obligations of the Processor
We commit to:

  • Only process personal data based on your documented instructions unless required by law.
  • Implement appropriate technical and organizational measures to protect personal data.
  • Assist you in fulfilling your obligation to respond to data subject rights requests.
  • Notify you without undue delay upon becoming aware of a personal data breach.
  • At your choice, delete or return all personal data after the end of the provision of services, and delete existing copies unless the law states otherwise.
  • Upon request, provide necessary information to demonstrate compliance with our obligations and contribute to audits initiated by you.

10.7 Subprocessing
By agreeing to these Terms, you authorize us to appoint subprocessors. We will ensure any subprocessor is bound by data protection obligations that meet the requirements of GDPR.

10.8 Data Transfers
We will not transfer personal data outside the European Economic Area (EEA) unless there are adequate safeguards in place, such as Standard Contractual Clauses approved by the European Commission.

10.9 International Customers
If you are using the Services from outside the EEA, you acknowledge that your personal data may be transferred to, stored, and processed in a country that is not regarded as ensuring an adequate level of protection for personal data under European Union law.

10.10 Customer's Obligations
You agree to process all personal data in accordance with the requirements of data protection laws, including ensuring that:

  • All necessary notifications and consents are obtained and kept up-to-date.
  • Personal data is processed lawfully, fairly, and transparently.

10.11 Indemnity
You shall indemnify us against any losses, fines, damages, or costs arising from your breach of data protection laws or this Section.

10.12 Charges for Assistance
We may charge a reasonable fee for providing assistance with data protection obligations that go beyond the routine provision of the Services.

11. Governing Law and Jurisdiction

11.1 Legal Compliance
These Terms are governed by the laws of the United Arab Emirates. Any disputes will be subject to the jurisdiction of the courts of the United Arab Emirates, although we encourage contacting us directly to find a resolution before resorting to litigation.