This is a legally binding contract (the “Terms” or “Agreement”) between you (“you” or “user(s)”) and Ten Touch Ltd. (“Ten Touch”, “Company”, “we” or “us”). It defines the terms under which we provide you with the downloadable “Grafio” and “Vidra” applications (the “App(s)” or “Application(s)”). Our “Services” mean the Apps, www.tentouchapps.com and any related services or digital tools we offer to you, paid or free.
Please read this Agreement, because it’s important. We’ve tried to make it as clear as possible, and to create terms which are fair and beneficial to the community of creators who use our products.
You must be thirteen years of age or older to use the Services. If you are not thirteen years old, do not use our Services.
Your Content: You Own It
Our apps, Grafio and Vidra enable you to create original works of art and other content (“Content”), using the tools and features we provide. While it exists within the app and is not posted publicly , you own this Content and all rights to it. We don’t. You can keep the Content you create on your local device or share it via email, Facebook, Twitter, YouTube and any other methods you see fit.
Copyrights and Intellectual property.
You agree not to post or upload any Content to the Services in violation of any other person’s or entity’s rights, including their intellectual property rights. If you don’t have rights to post the Content (whether under these Terms, or through a separate license), then don’t post it.
Permissions That You Grant to Ten Touch Relating to Content.
When you decide to share your Content through a third-party service that is integrated with our Services, such as Facebook, Twitter, YouTube, you’re authorizing us to deliver the Content (or a version of it that is programatically modified, if needed) to that third-party service. This means that the third-party service’s handling of your Content will be subject to its own agreement with you, for which we are not responsible. In addition to providing this license to us, Ten Touch owns the actual bits and bytes of data on its servers. You have no property or other interest in those bits and bytes, or to any Ten Touch servers, infrastructure, or the Services we offer.
In order to use the Services, you’re required to have a compatible tablet, smartphone, wireless access, and the necessary minimum specifications (“Software Requirements”). The current Hardware and Software Requirements for the Services are as follows: Apple iOS iPad devices running iOS 7.0 or above, or such more advanced hardware and operating system as may be described in the iTunes App Store page for the App. This may be updated in later product versions. The current version of the App software may be upgraded from time to time to add support for new functions and services. Certain features, and certain compatible products, have more stringent hardware and software requirements.
We’re not liable or responsible for any defects or non-compatibilities between our Services and your device, and we can’t, and don’t, make any representation that our Services will work to any particular degree of functionality or efficiency with any particular device.
Fees: We Charge for Certain Things
There are free and paid apps and sometimes even if an app is paid like “Grafio” is, we do charge for other features or functionality that we offer, and reserve the right to impose or increase fees for any aspect of the Services. This lets us invest more time in improving the products for the best possible user experience.
Ten Touch does not offer refunds for any in-app purchases, so please be careful when you make purchases. If you feel an in-app purchase has been made in error, please contact Apple for support.
We will communicate with you via email, sent to the email address you provide to us. Some communications, such as emails informing you of new features, may be unsubscribed to by using the unsubscribe link in the email.
Disclaimer of Warranties, No “Up Time” Guarantees
We do our best to provide the Services efficiently and well. However, the Services are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including, for instance, implied warranties of title, non-infringement, merchantability and fitness for any particular purpose . This means that we don’t promise, and you shouldn’t expect, that the Services will meet all of your requirements, or that they will be uninterrupted, timely, secure or error free, or that defects, if any, will be corrected immediately. For instance, the Services may be subject to scheduled or unscheduled service interruptions, or even loss of data, for which you will not hold us liable or be entitled to any refunds.
Limitation of Liability
Because Grafio and Vidra Apps are fundamentally a type of platform for you and others to express ideas and creativity, it’s not a product that comes with warranties. You therefore agree that we won’t be liable for damages that you incur, or think you may have incurred, from using the Apps. This includes damages based on negligence, and damages that are direct, indirect, incidental, special or “consequential” damages. Likewise, it includes damages resulting from your use or inability to use the Services, your costs from any failure of the Services or the procurement of substitute goods and services, unauthorized access to or alteration of your transmissions or data, loss of profits, use, data or other intangibles, even if we have been advised of the possibility of such damages. In some places, the above disclaimer doesn’t apply, because of the applicable law of that place.
We Don’t Endorse, and Are Not Liable For Our Users’ Content or Actions
As Grafio Examples is a platform for you and others to express ideas and creativity, you agree that we are not liable for – and do not endorse, warrant or have any obligation to review – any particular user’s content.
We May Discontinue the Services
Services exist only so long as we make them available, and all aspects of the Services, including how or whether we make available the Content or Shared Content, are subject to change or elimination without prior notice to you. We have the right to limit access to or eliminate any features or functionality of the Services in our discretion, or to impose fees for such features or functionality, including new features. We may (but we’re not required to) remove any Content or Shared Content from our Services for any reason we deem appropriate, including if we deem it potentially illegal or violative of any right, these Terms or our Community Guidelines, or otherwise inappropriate for the Services.
You agree to indemnify, defend, and hold harmless us, our staff, members, partners, agents, and suppliers, and their respective affiliates, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services or out of your Account, including but not limited to your violation of these Terms. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
Right to Terminate
We may at any time decide to alter, amend, modify, or terminate the Services, any functionality or portion of them and you understand that there is no guarantee that the Services (or any portion or functionality of them) will continue to operate or be available for any particular period of time. We may terminate your Account at any time if (in our sole discretion) we think you have violated these Terms, any law, or any right held by any other user or third party. If we do that, you will not receive a refund of any amounts you have spent on our Services.
You May Not Assign this Agreement; We May Assign This Agreement.
You may not assign, sublicense, or transfer any part of this Agreement without our prior written consent. We may assign this Agreement, in whole or in part, and all related rights, licenses, benefits and obligations.
Additional Terms and Disclaimers Regarding Apple, Inc.
The following shall apply in connection with the Application:
Both you and Ten Touch acknowledge that these Terms are concluded between you and Ten Touch only, and not with Apple, and that Apple is not responsible for the Application or the Content;
The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensible basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services;
You will only use the Application in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple of such failure; upon notification, to the maximum extent permitted by applicable law, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application, and Apple shall have no other warranty obligation whatsoever with respect to the Application and shall have no responsibility for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty;
For example, you acknowledge and agree that Apple is not responsible for addressing any claims you or any third party may have in relation to the Application, including but not limited to product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation;
You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not associated with any parties listed on a U.S. Government list of prohibited or restricted parties;
In connection with your use of the Application, you agree to comply with any applicable third party terms of agreement which may affect or be affected by such use, including the Apple App Store Terms of Service; and
Both you and Ten Touch acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
You agree that any claims related to this Agreement and to the performance and usage of our Services or Products, are subject to court hearings and sessions to be held in the City Court of Sofia, Bulgaria.