Terms of Service 1. Introduction Welcome to Giraffegram. These Terms of Service ("ToS") govern your use of our website and the software purchased from this website. By purchasing and using the software, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Technical support for Giraffegram is provided via email. 2. Definitions “Software” refers to the Giraffegram software provided by Giraffegram creators. “Service” refers to the Giraffegram service provided by Giraffegram creators. “User” or “You” refers to any individual or entity purchasing and using the software. “Website” refers to Giraffegram's website where the software is sold. When we say "our", "we", "us", we mean the Giraffegram creators. When we say "you", "account", or "customer", we mean a customer of the Softare or Service ("Customer"). When we say "user", or "users", we mean a user account managed by the Service for the Customer's web application ("User"). When we say "data", or "user data", we mean any data or information inserted or uploaded by any User of the Customer's web application ("User Data"). 3. Account Terms You are required to create an account and specify a password in order to use the Service. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign-up process. You are responsible for maintaining the security of your account and password. Keep your password confidential. The Giraffegram creators cannot and will not be liable for any loss or damage to you or your Users from your failure to comply with this security obligation. Accounts registered by "bots" or other automated methods are not permitted. You are responsible for the data of your Users and all activity that occurs under your account. You may not use the Software or Service for any illegal purpose or to violate any applicable laws. You may not use the Software or Service to violate the rights of any third parties, including but not limited to, intellectual property rights. 4. License and Use Upon purchasing the software, you are granted a non-exclusive, non-transferable license to install and use the software on your premises. This license is for personal or commercial use within the scope of your business or personal projects. 5. Account Suspension & Termination The Giraffegram creators, in their sole discretion, have the right to suspend or terminate your account for any reason at any time. If the Giraffegram creators suspends or terminates your account, then the Giraffegram creators may provide you with a pro-rated refund. However, if the Giraffegram creators suspends or terminates your account due to (a) your breach of these Terms of Service, (b) any acts or omissions by you that are grossly negligent or any willful misconduct, or (c) if the Giraffegram creators suspends or terminates services for all its customers, then such termination will result in the deactivation or deletion of your account, and/or disabling your access to your account, and the forfeiture and relinquishment of all the User Data in your account. No refunds will be provided. We will provide you with email notice prior to terminating your account. Within 30 days of termination, all User Data will be permanently deleted from all active systems, logs, and backups. The User Data cannot be recovered once it has been permanently deleted. 6. Modifications to the Service and Prices The Giraffegram creators reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any part of the Software or Service with or without notice. Prices of all Services are subject to change upon 30 days notice from us, including notice posted to the Giraffegram creators website or through the Service itself. The Giraffegram creators shall not be liable to you, any User, or to any third party for any modification, price change, suspension or discontinuance of the Software or Service. Any new features that augment or enhance the Software or Service, including the release of new tools and resources, shall be subject to these Terms of Service. Continued use of the Software or Service after any such changes shall constitute your consent to such changes. 7. Intellectual Property All User Data inserted, uploaded, or posted on the Service must not violate any applicable law, including without limitation any intellectual property laws, privacy laws, and criminal laws. You represent and warrant to us that you have all necessary rights, permissions and consents (including User and third party consents) to insert, upload, and post the User Data to the Service. You (or on behalf of Users) retain all ownership rights in the User Data stored to the Service. By inserting, uploading or posting the User Data to the Service, you grant us, our agents, licensees, and assigns the right and license to encode, store, process and use the User Data to provide the Service. Without these rights, we couldn’t offer our Services. You agree to indemnify, release, and hold us harmless from any all liability, claims, actions, loss, harm, damage, injury, cost or expense arising out of any User Data you insert, upload and/or post and your use of the Service. The Giraffegram creators reserves the right at all times and without notice to remove, restrict access to, or make unavailable, and to monitor, review, retain and/or disclose any User Data, content or other information in Giraffegram creator's possession about or related to Customer, Customer’s use of the Service or otherwise as necessary to satisfy any applicable law, or otherwise to preserve the security of the Service or Giraffegram creator’s customer data and information. If you send us any feedback, information, ideas, suggestions, or other communications we may use such communications to improve the Software or Service or in our business operations. We retain all rights, title and ownership interest in and to the Software and Service, including all intellectual property rights. Your use of the Software or Service does not give you ownership of any intellectual property rights to it or the content you interact with, except for your User Data. All rights not granted to you in these Terms of Service are reserved by Giraffegram creators. 8. User Responsibilities You agree to: * Use the software in compliance with all applicable laws and regulations. * Not distribute, resell, or exploit the software commercially outside the scope of your business or personal projects. * Ensure that your use of the software does not infringe on the intellectual property rights of others. 9. Limitation of Liability EXCEPT WHERE PROHIBITED, THE GIRAFFEGRAM CREATORS AND ITS AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT,INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OR YOUR USERS OF THE SOFTWARE, SERVICES OR ANY THIRD PARTY’S USE OF THE SERVICES, AS WELL AS THE INABILITY TO USE THE SOFTWARE OR SERVICE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, THE COST OF PROCUREMENT OF SUBSITUTE SERVICES, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, INCLUDING UNATHORIZED ACCESS TO OR ALTERATION OF YOUR CUSTOMER DATA, EVEN IF THE GIRAFFEGRAM CREATORS OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. 10. Your Use of the Software, Service & Restrictions You must comply with the current technical documentation applicable to the Software and Services. You must not hack the Software or Service. You must not modify another website so as to falsely imply that it is associated with the Software, the Service or the Giraffegram creators. You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Software or the Service, or access to the Service without the express written permission by the Giraffegram creators. You will not make use of data mining, robots, or similar data gathering and extraction tools to access or use the Service. You may not use the Software or Service in a way that violates any laws, infringes on anyone’s rights, is offensive, or interferes with the Software, Service or any features of the Software and Service (including any technological measures we employ). If we, in our sole discretion, determine that you have acted inappropriately, we reserve the right to take down or disable access to your User Data, terminate your account, prohibit you from using the Service, and take appropriate legal action. You will reasonably cooperate with us to identify the source of any problem with the Service that we reasonably believe may be attributable to you or your User Data or any User materials that you control. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Service customer, Company employee, officer, or agent will result in immediate account termination. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. We will notify the Customer before taking such action, except in cases where the level of use may negatively impact the performance of the Service for other customers. 11. Software and Service Disclaimers Your use of the Software and Service is at your sole risk. The Software and Service are provided on an "AS-IS" and "AS-AVAILABLE" basis. THE GIRAFFEGRAM CREATORS, NOR ITS AGENTS, MAKE ANY SPECIFIC PROMISES ABOUT THE SOFTWARE AND SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SOFTWARE AND SERVICE, THE SPECIFIC FUNCTION OF THE SOFTWARE AND SERVICE, OR ITS RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE DON’T MAKE ANY COMMITMENTS THAT THE SOFTWARE AND SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES. 12. Indemnification You agree to indemnify, defend, and hold harmless Giraffegram creators from any claims, damages, liabilities, costs, or expenses (including reasonable attorney's fees) arising out of or related to your use of the software. 14. Changes to the Terms of Service Giraffegram creators reserves the right to modify these Terms of Service at any time. Any changes will be effective immediately upon posting on the website. Your continued use of the software following the posting of changes constitutes your acceptance of such changes. 15. Governing Law These Terms of Service shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict of law principles. 16. General The failure of the Giraffegram creators to exercise or enforce any right or provisions of these Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Giraffegram creators and govern your use of the Software and Service, superseding any prior agreements between you and the Giraffegram creators (including, but not limited to, any prior versions of the Terms of Service). We may communicate with you by email or by posting notices on the Giraffegram creators website or via the Service. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide to us. We may modify these Terms of Service at any time so be sure to check back regularly. By continuing to use or login to your account after these Terms of Service have changed, you indicate your agreement to the revised Terms of Service. If you do not agree to the changes, you should stop using the Software or logging into the Service. The Software and Service may contain links to third-party websites. That doesn’t mean that we control or endorse those websites, or any goods or services sold on those websites. These Terms of Service are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Service and or your use of the Software and Service resides in the courts located in Spain, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action. If it turns out that a particular provision in these Terms of Service is not enforceable, that will not affect any other provision. 17. Contact Information If you have any questions about these Terms of Service, please contact Giraffegram creators at support@giraffegram.com.