Terms and Conditions
Effective Date: July 11, 2025
MASTER TERMS OF USE AND PRIVACY AGREEMENT Effective Date: July 11, 2025
Use of this website, platform, application, or any of its related services, features, or interfaces (collectively referred to as the "Service") constitutes binding acceptance, in perpetuity and in full, of the following Terms of Use ("TOU") and Privacy Policy ("Policy") issued by [Your Website Name] ("Provider"), governed under the laws of the State of Delaware and the City of Chicago, Illinois, and enforceable therein and throughout all jurisdictions where legally permissible.
The provisions, declarations, stipulations, affirmations, representations, warranties, and conditions contained herein are collectively designed to comprehensively govern the conduct, responsibilities, obligations, rights, waivers, acknowledgments, permissions, and behavioral expectations of the end-user, participant, viewer, subscriber, registrant, or other entity (collectively, the "User"), and to ensure the harmonious, structured, legally sound, operational framework for the sustainable provision and continued maintenance of the Service, its subsidiaries, interfacing utilities, embedded functionalities, and all present or future permutations thereof.
These terms constitute a foundational instrument of user regulation, encompassing a broad, non-limiting scope, including but not limited to platform-specific protocols, jurisdictional considerations, third-party integration stipulations, arbitration processes, and multilayered indemnification frameworks. All Users are encouraged to conduct an exhaustive, clause-by-clause, jurisprudentially guided review of this Master Agreement prior to interaction with any part or aspect of the Service.
Failure to adhere to, fully comprehend, or engage with this document in a thorough manner shall not be construed as a limitation of its enforceability or an exemption from any consequence of its breach. This document remains perpetually binding, immutable except through formal Provider-authorized revision, and is hereby deemed to be incorporated into all past, present, and future interactions with the Service, regardless of explicit awareness or user interface acknowledgment.
TERMS OF USE
The User, defined as any person, entity, agent, or automated system accessing the Service, hereby agrees to and acknowledges the enforceability of the following:
Limited License & Access Rights
Provider grants User a limited, non-exclusive, non-transferable, revocable license to access and use the Service for lawful personal or commercial use, subject to strict compliance with all stated and implied terms herein. Any deviation or breach of these terms constitutes grounds for immediate suspension or permanent termination of access at Provider's sole discretion, without notice or liability. This access is non-sublicensable, contingent, and subject to change, revocation, or restriction without prior notification, justification, or appeal.
User Responsibility & Content Restrictions
The User assumes sole responsibility for all content uploaded, edited, created, or otherwise disseminated via the Service ("User-Generated Content" or "UGC"). User represents and warrants full legal ownership or license to use said content, and that such use does not violate copyright law, moral rights, publicity rights, trade secrets, data protection laws, export control restrictions, or applicable cultural, religious, or territorial sensitivities, including—but not limited to—jurisdictions "throughout the universe." The User further indemnifies and holds harmless the Provider from any and all perceived, actual, anticipated, or unforeseeable harms arising from UGC. The User also acknowledges and affirms that they have obtained all necessary consents and rights prior to uploading any content, including visual likenesses or brand material.
Watermark Protection
Watermarked images provided during the creation or preview process do not constitute a final product. Unauthorized removal, cropping, inpainting, screen-capturing, or obfuscation of Provider's watermark—whether manually or via external tools—is a material breach of this Agreement and may result in legal action, including damages, account termination, or injunctive relief. All visual derivatives, extrapolations, re-encodings, or derivative works based on watermarked content shall be deemed unauthorized reproductions.
No Warranty or Guarantee of Output
Provider makes no warranties, express or implied, regarding the artistic merit, legal usability, cultural acceptability, moral defensibility, or commercial suitability of any end product. Final output is the full responsibility of the User. The Service is provided "as is," "as available," "with all faults," and without representations of fitness for a particular purpose.
Intellectual Property Rights & License
User grants Provider a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, distribute, publish, display, promote, or otherwise incorporate UGC into internal analytics, system training, or templating logic. However, Provider may use individual UGC in public-facing marketing without the User's explicit opt-in. This license survives termination of account or cessation of Service access. The User hereby waives all moral rights in such content to the fullest extent permitted by applicable law.
Subscription Billing & Third-Party Processors
All billing, subscriptions, and payments are processed by third-party vendors (e.g., Stripe). User acknowledges that (a) Provider does not store or process payment credentials, and (b) all refunds, chargebacks, and billing disputes must be resolved with the payment vendor. Failure to cancel subscription prior to renewal shall not entitle the User to a refund. Non-cancellation constitutes acceptance of ongoing billing.
No Refund Policy: Provider does not offer refunds under any circumstances. Users can cancel their subscription at any time, but no refunds will be provided for any reason, including but not limited to service dissatisfaction, technical issues, or unused service time. Users are encouraged to utilize the free trial period to evaluate the service before subscribing. For complete details, please refer to our Refund Policy.
By accepting these Terms of Use, User also agrees to the separate and independent terms, conditions, and policies of all third-party providers involved in the functioning of the Service, including but not limited to those governing payment processing, hosting, uptime guarantees, and data delivery. Any technical issues, outages, or billing anomalies originating from such providers shall be litigated or disputed solely with said third parties. Provider shall not be a party to such proceedings and bears no liability for their actions or omissions.
Force Majeure
Provider shall not be held liable for any failure to perform or delay in performance due to causes beyond its reasonable control, including but not limited to natural disasters, pandemics, government restrictions, power failures, internet disruptions, cyberattacks, hacking, labor disputes, or acts of God. Any force majeure event shall toll all contractual obligations for the duration of such event.
No Partnership or Agency Created
Nothing in this Agreement creates any agency, joint venture, partnership, employment, fiduciary, or franchise relationship. User may not hold themselves out as a representative of Provider under any circumstance. The legal independence of all parties is irrevocably asserted.
Beta Features Disclaimer
Features marked as "beta," "experimental," "preview," or otherwise unfinalized are used at User's own risk. Provider disclaims all liability for any outcome resulting from such use. Such features are provided without support, documentation, or guarantee.
Export Compliance
User agrees to comply with all applicable export laws. The Service shall not be accessed or used in any jurisdiction subject to U.S. embargoes, sanctions, or trade restrictions.
Arbitration Clause & Waiver of Class Action
All disputes shall be resolved through binding arbitration conducted under the Commercial Arbitration Rules of the AAA. Arbitration shall be seated in Wilmington, Delaware or Chicago, Illinois, at the discretion of Provider. User waives all rights to participate in class actions or consolidated proceedings. Arbitration proceedings shall be confidential and not subject to appeal. Users may opt out of this arbitration clause by submitting written notice to appurturelabs@gmail.com within seven (7) calendar days of accepting these Terms of Use.
Indemnification
User shall indemnify, defend, and hold harmless Provider and its officers, directors, contractors, affiliates, agents, successors, and assigns from and against any and all liabilities, costs, expenses, claims, damages, suits, or losses arising out of (a) UGC, (b) breach of this Agreement, (c) third-party claims, or (d) use or misuse of the Service. Indemnity shall be construed to the broadest legally allowable interpretation.
No Third-Party Beneficiaries
This Agreement creates no rights or benefits enforceable by third parties not expressly identified herein.
Cumulative Remedies
All rights and remedies of Provider herein are cumulative and not exclusive. Provider may seek injunctive relief, specific performance, or any other legal or equitable remedy concurrently.
Entire Agreement & Severability
This document represents the entire agreement between User and Provider. No verbal, written, or digital communication outside this document shall be binding. If any clause is found invalid, the remainder shall be fully enforceable.
Minimum Age Requirement
User affirms they are at least thirteen (13) years old. The Service is not intended for individuals under this age.