Terms of Service Agreement

Introduction

This Terms of Service Agreement (“Agreement”) is between you (“you” or “user”) and Goviato GmbH (“the Company”, “we”, or “us”). This Agreement oversees your access and use of the Company’s applications (“Applications”) and their functionalities and content, accessible via computer, mobile device, or other technology (collectively, “Services”). By accessing and using the Services, you consent to the terms and conditions of this Agreement. The term “Users” encompasses parents or others (“Subscribers”) who post their creative works (“Creative Materials”) and individuals (“Fans”) invited to view and interact with these Creative Materials. We reserve the right to amend this Agreement at our discretion, with or without notice. The “Last Updated” date at the top indicates the most recent changes. Continued use of the Services after changes means acceptance of the new terms. Users must be at least eighteen (18) years old.

1. Overview

NexaImage allows for creating private galleries for Creative Materials, with functionalities for sharing and inviting “fans.” It may integrate third-party services for additional presentation options. Only Subscribers or designated individuals may upload Creative Materials.

2. Connectivity, Communications, Privacy

Access to the Services requires a device with iOS or Android. Standard carrier charges apply. We send communications, including promotional messages, which you can opt out of via email at [email protected]. Our Privacy Policy, incorporated here, governs service use.

3. Service Usage; Termination

Registration is needed to access all features. You are responsible for your account’s activity. False or incomplete information may lead to account termination. Notify us immediately of unauthorized account use. Misuse of the Services may result in access denial.

4. User Content and Conduct

Users can post Creative Materials and commentary. Posted content is accessible to Fans and can be shared. You grant us a license to use your Creative Materials as part of the Services. You are responsible for the content you post, ensuring it does not infringe on others' rights.

5. Copyright; Trademarks

All Services materials are owned by or licensed to Goviato GmbH. Use of these materials is for personal, non-commercial purposes only, unless otherwise authorized.

6. Links; Third Party Websites

Links to third-party sites are provided as a convenience. We are not responsible for the content or transactions on these sites.

7. Disclaimer; Limitation of Liability

The Services are provided "as is." We disclaim all warranties and liabilities for use of the Services to the fullest extent permissible by law.

VIII. Indemnification

You agree to indemnify Goviato GmbH for any claims related to your use of the Services.

8. Purchases and Subscriptions.

Some functionality and use of NexaImage is free of charge. We also offer access to certain enhanced services and additional features for a fee (“Purchased Features”). You may purchase the Purchased Features through a third party, such as Apple App Store or Google Play. If you purchase the Purchased Features from a third party, separate terms and conditions with such third party in addition to these Terms may apply. If purchasing Purchased Features on a subscription basis (a “Paid Subscription”), your payment for such Purchased Features will automatically renew and continue until terminated. You must cancel your Paid Subscription before it renews to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans, pricing and Purchased Features we offer from time to time. Please contact the third party (Apple App Store or Google Play support), as applicable, regarding any refunds or to manage your Purchased Features. We are unable to view, access, or modify any financial transactions from Apple or Google LLC in-app subscriptions. Instead, please reach out to the appropriate support team of Apple or Google LLC in relation to your Paid Subscription to request any refunds. You can cancel your Paid Subscription by signing in to your account and following the instructions for canceling your Paid Subscription.

9.Respecting Others' Rights

a. Privacy: We value the privacy of our users. Any personal information provided to us will be handled in accordance with our Privacy Policy. b. Intellectual Property (IP) and Copyrights: Users must respect the intellectual property rights of others. Do not use the App to generate or distribute images that infringe upon copyrights, trademarks, or other proprietary rights. c. Spam: Users are prohibited from using the App to generate or distribute spam content. d. Bullying and Harassment: Bullying, harassment, or any form of abusive behavior using images generated from the App will not be tolerated. e. Defamation: Users must not generate or distribute images that defame or harm the reputation of others.

10.Safety

a. Third-Party Apps: We are not responsible for the content or actions of third-party applications linked to or integrated with our App. b. External Linking: We are not responsible for the content of external websites linked to within the App. c. Use of Bots and Crawlers: Users are prohibited from using bots or crawlers to access or gather information from the App without authorization. d. Soliciting Login Information: Users must not solicit login information, passwords, or other sensitive data from other users. e. Similar Infringements: Users must not engage in activities that infringe upon the safety and security of others or violate these Terms.

[Additional Sections]

These sections cover sweepstakes rules, filtering advice, applicable law and jurisdiction for dispute resolution, severability, the entire agreement, and miscellaneous provisions similar to the original agreement. The copyright policy outlines procedures for copyright infringement claims.

Contact Information

Goviato GmbH
ADOLFSTRAßE, 1
WIESBADEN, 65185
GERMANY
Email: [email protected]