Terms of Service

1. Acceptance of Terms

By creating an account, downloading, accessing, or using our Services, you represent that:

• You are at least 18 years old or have parental/guardian consent
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable laws
• All information you provide is accurate and current

If you do not meet these requirements or do not agree to these Terms, you must not use the Services.

2. Changes to Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Update the "Last Updated" date
• Notify you through the Services or via email
• Provide reasonable notice before changes take effect

Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Services.

3. Account Registration and Security

3.1 Account Creation

Some features require you to create an account. You agree to:

• Provide accurate, complete, and current information
• Maintain and update your information as needed
• Keep your account credentials confidential
• Notify us immediately of unauthorized access
• Accept responsibility for all activities under your account

3.2 Account Termination

You may delete your account at any time through the account settings. We may suspend or terminate your account if you violate these Terms or for any other reason at our discretion.

4. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

By using the Services, you consent to our collection and use of your information as described in the Privacy Policy.

5. License and Restrictions

5.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the Services on your personal devices
• Access and use the Services for personal, non-commercial purposes

This license does not include any right to resell, distribute, or commercially exploit the Services.

5.2 Prohibited Activities

You agree NOT to:

• Modify, copy, distribute, transmit, display, reproduce, or create derivative works from the Services
• Reverse engineer, decompile, or disassemble the Services or attempt to derive source code
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices
• Use automated systems (bots, scrapers, crawlers) to access the Services
• Interfere with or disrupt the Services or servers/networks connected to the Services
• Attempt to gain unauthorized access to any portion of the Services
• Use the Services for any illegal, harmful, or fraudulent purpose
• Impersonate any person or entity or falsely state or misrepresent your affiliation
• Upload or transmit viruses, malware, or other malicious code
• Collect or harvest personal information about other users
• Use the Services to harass, abuse, threaten, or intimidate others

6. User Content

6.1 Your Content

Some Services may allow you to upload, submit, store, send, or receive content ("User Content"). You retain ownership of your User Content, but you grant us certain rights as described below.

6.2 License to User Content

By submitting User Content, you grant GraphicVizion a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and improving the Services.

6.3 Your Responsibilities

You are solely responsible for your User Content and represent and warrant that:

• You own or have the necessary rights to submit the User Content
• Your User Content does not infringe any third-party rights
• Your User Content complies with these Terms and all applicable laws

6.4 Prohibited Content

You may not upload or submit User Content that:

• Is illegal, fraudulent, defamatory, obscene, pornographic, or offensive
• Violates intellectual property rights, privacy rights, or other legal rights
• Contains viruses, malware, or other harmful code
• Harasses, bullies, threatens, or harms others
• Promotes violence, discrimination, or illegal activities

6.5 Content Removal

We reserve the right, but have no obligation, to monitor, review, or remove User Content at our sole discretion without notice. We are not responsible for User Content uploaded by users.

7. Intellectual Property Rights

All intellectual property rights in the Services, including but not limited to:

• Software, code, and algorithms
• Design, layout, graphics, and user interface
• Logos, trademarks, and branding
• Text, images, audio, and video content
• Databases and compilations

are owned exclusively by GraphicVizion or our licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited license explicitly granted in Section 5.1.

8. Purchases and Payments

8.1 In-App Purchases

Some Services may offer in-app purchases, subscriptions, or premium features. All purchases are processed through third-party payment providers (Apple App Store, Google Play Store).

8.2 Pricing

Prices are subject to change at any time. We reserve the right to modify pricing with or without notice. Price changes do not affect existing subscriptions until renewal.

8.3 No Refunds

All purchases are final and non-refundable except as required by law or as explicitly stated in the refund policy of the applicable app store. We do not provide refunds for unused subscription periods or in-app purchases.

8.4 Subscriptions

Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You can manage subscriptions through your app store account settings.

9. Third-Party Services and Links

The Services may contain links to third-party websites, applications, or services ("Third-Party Services"). We do not control, endorse, or assume responsibility for Third-Party Services.

Your use of Third-Party Services is at your own risk and subject to their terms and privacy policies. We are not liable for any damages arising from your use of Third-Party Services.

10. Termination and Suspension

10.1 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Fraudulent, illegal, or harmful activity
• Request by law enforcement or government agency
• Discontinuation of the Services
• Any other reason at our sole discretion

10.2 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• We may delete your account and User Content without liability
• You remain liable for all obligations incurred prior to termination
• Sections that by their nature should survive (disclaimers, limitations of liability, indemnification) will continue to apply

11. Disclaimer of Warranties

To the maximum extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding accuracy, reliability, or availability of the Services
• Warranties that the Services will be uninterrupted, secure, or error-free
• Warranties regarding the quality or results obtained from using the Services

We do not warrant that:

• The Services will meet your requirements or expectations
• Any content, data, or information is accurate or reliable
• Defects or errors will be corrected
• The Services are free from viruses or harmful components

You assume all risk and responsibility for your use of the Services.

12. Limitation of Liability

This includes, without limitation:

• Direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Loss or corruption of data or content
• Cost of substitute services
• Business interruption or system failures
• Personal injury or property damage
• Unauthorized access to your account or data
• Actions of third parties or other users

This limitation applies regardless of:

• The legal theory (contract, tort, negligence, strict liability, or otherwise)
• Whether we were advised of the possibility of such damages
• Whether any remedy fails of its essential purpose

If your jurisdiction does not allow certain limitations, our liability is limited to the maximum extent permitted by law. In no event shall our total liability exceed the greater of (a) €100 or (b) the amount you paid us in the 12 months preceding the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless GraphicVizion and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use or misuse of the Services
• Your violation of these Terms
• Your violation of any law or regulation
• Your User Content or any content you submit
• Your infringement of any third-party rights
• Any dispute between you and another user

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

14. Dispute Resolution and Arbitration

14.1 Informal Resolution

Before filing a claim, you agree to contact us at info@graphicvizion.com and attempt to resolve the dispute informally for at least 30 days.

14.2 Binding Arbitration

Any dispute arising out of or relating to these Terms or the Services that cannot be resolved informally shall be resolved through binding arbitration rather than in court, except that either party may bring claims in small claims court if they qualify.

14.3 Class Action Waiver

Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law principles.

Any legal action or proceeding (if not subject to arbitration) shall be brought exclusively in the courts located in the Netherlands, and you consent to the personal jurisdiction of such courts.

16. Export Controls

You agree to comply with all applicable export and import laws and regulations. You represent that you are not located in a country subject to embargo or designated as a "terrorist supporting" country, and that you are not on any prohibited party list.

17. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18. Entire Agreement

These Terms, together with our Privacy Policy and any additional terms you agree to when using specific features, constitute the entire agreement between you and GraphicVizion regarding the Services and supersede all prior agreements and understandings.

19. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative.

21. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

22. Contact Information

For questions, concerns, or notices regarding these Terms, please contact us at:

Acknowledgment

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

These Terms constitute a legally binding agreement between you and GraphicVizion. If you do not agree to these Terms, you must immediately cease using the Services.