Introduction
These Terms of Use ("Terms") govern your access to and use of the UInston service ("Service"), a product of Individual Entrepreneur Gorokhov Ivan ("UInston", "we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.
Eligibility
To access and use the Service, you must be at least 16 years old or the minimum age required in your country, have a valid Google account, and be located in a country where the Service is available. By using the Service, you represent and warrant that you meet these eligibility requirements.
Privacy
Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you agree to the collection and use of your information in accordance with our Privacy Policy.
User Conduct
You agree not to use the Service for any illegal activities, to infringe on the rights of others, or to distribute harmful or offensive content. Misuse of the Service may result in account suspension or termination, and you are responsible for any consequences arising from your actions while using the Service.
Intellectual Property Rights
UInston respects the intellectual property rights of others and expects users to do the same. The Service generates UI feedback based on images, provided by you, and you must ensure you have the necessary rights to use the input content. UInston is not responsible for any copyright or trademark infringements resulting from user-generated feedback. UInston disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement.
Third-Party Services
Users must comply with the terms and conditions of any third-party services or platforms integrated with UInston, such as Google Chrome and OpenAI. UInston is not responsible for the content, policies, or practices of these third-party services.
Dispute Resolution
UInston will address disputes, complaints, or legal issues arising from the use of the Service through a designated dispute resolution process. You agree to resolve any disputes through arbitration or mediation, and the governing law will be that of Tbilisi, Georgia.
Modifications and Termination
UInston reserves the right to modify, suspend, or terminate the Service or user access to the Service at any time, with or without notice. You may also choose to terminate your account at any time. Consequences of termination may include loss of access to the Service and deletion of user data.
Disclaimer of Warranties
UInston provides the Service "as is" and does not guarantee the accuracy, reliability, or completeness of the AI-generated feedback. Users assume all risks associated with using the Service, and UInston disclaims any warranties, express or implied. UInston's liability for any damages arising from the use of the Service is limited to the extent permitted by law.
Premium Subscriptions and Refunds
UInston offers premium subscriptions. If you wish to terminate your subscription, you can do so through the app interface or by emailing our support team. Users can request a refund within the first 30 days of use, and we will provide a pro-rata refund for unused days.
Email Consent
By signing up for the Service, you consent to receive personalized emails based on your app usage history. You can unsubscribe at any time using the link provided in the email.
Changes to the Terms
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. You are advised to review this page periodically for any changes. Changes to these Terms are effective when they are posted on this page.
Indemnification
You agree to indemnify, defend, and hold harmless UInston, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.
Limitation of Liability
To the extent permitted by law, UInston's total liability for any claims arising from the use of the Service shall not exceed the amount paid by the user for the Service during the 12 months preceding the claim. UInston shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising from the use of or inability to use the Service, even if UInston has been advised of the possibility of such damages.
Force Majeure
UInston shall not be liable for any delay or failure to perform its obligations under these Terms due to circumstances beyond its reasonable control, such as natural disasters, acts of God, war, terrorism, labor disputes, or government actions.
Contact Us
If you have any questions about these Terms, please contact us at:
Email: contact@uinston.com
Governing Law
These Terms shall be governed and construed in accordance with the laws of the country of Georgia, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located within Georgia for the purpose of litigating all such claims or disputes.
Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and UInston regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service. If any provision of these Terms is found to be invalid or unenforceable, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Miscellaneous
The relationship between the parties is that of independent contractors. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of UInston's right to require strict observance of each of the terms herein. You may not assign your rights and obligations under these Terms without the prior written consent of UInston. The headings used in these Terms are for reference purposes only and shall not affect the interpretation of the Terms.