Terms of Service

1. Acceptance of terms

By accessing or using our application (“Service”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not use the Service.

2. Description of the Service

The Service allows users to save, organize, and manage bookmarks and collections, and access related features we may introduce from time to time. We may modify, suspend, or discontinue parts of the Service without prior notice.

3. Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement and that the information you provide is accurate and complete.

4. User accounts

To use certain features, you must create an account.

You agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your information.
• Keep your login credentials secure.
• Notify us immediately of any unauthorized use of your account.

You are responsible for all activities that occur under your account.

5. Third-party services and providers

We rely on third-party providers to operate and deliver the Service:

• Supabase – provides authentication, database, and storage services (e.g., bookmarks, collections, avatars).
• Prisma – provides the data access layer (ORM) we use to interact with our database. Prisma itself does not store your data permanently; it facilitates secure access to our database.
• Stripe – acts as our payment processor, handling subscriptions, billing, and tax compliance.
• Vercel – provides hosting, deployment, and infrastructure for the Service, including server logs and performance monitoring.
• Cloudflare Images – provides image hosting and global delivery for the Canvas feature.
• Google Gemini – provides AI-powered image analysis for the Canvas feature, generating metadata such as titles, descriptions, and tags.
• Cloudinary – provides image processing and AI-powered upscaling features.
• PostHog – provides product analytics, session recordings, and error tracking to help us understand usage patterns and improve the Service.

By using the Service, you acknowledge that your data may be processed by these third parties under their own terms and privacy policies.

We are not responsible for the content, policies, or practices of these third parties, but we take reasonable steps to work only with reputable providers.

6. User content

You retain all rights to the content you save using the Service (including bookmarks, collections, notes, and other data you enter).

By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to store, process, and display your content solely for the purpose of operating and improving the Service.

You are responsible for:

• Ensuring you have the necessary rights to the content you save.
• Ensuring your content does not violate applicable laws or these Terms.

7. Prohibited conduct

You agree not to:

• Use the Service for any unlawful purpose.
• Upload or share content that is illegal, abusive, harassing, defamatory, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to the Service or related systems.
• Interfere with or disrupt the integrity or performance of the Service.
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where allowed by law.

We may suspend or terminate your access if we reasonably believe you have violated these Terms.

8. Subscription, billing, and payments

Certain features of the Service may be offered on a paid subscription basis.

• Payments, billing, invoicing, and applicable taxes are handled by Stripe, according to Stripe’s terms and policies.
• Prices and subscription models may change. We will provide reasonable notice of significant changes.
• If your payment method fails or your subscription cannot be renewed, your access to paid features may be suspended or downgraded.

You are responsible for ensuring your billing information is accurate and up to date with Stripe.

9. Termination

You may stop using the Service at any time and may delete your account through the account settings.

We may suspend or terminate your account and access to the Service if:

• You violate these Terms.
• We are required to do so by law.
• Continuing to provide the Service is no longer commercially viable for us.

Upon termination or deletion of your account, we will delete or anonymize your personal data where required by law and our internal policies, subject to any retention obligations (for example, billing records managed by Stripe).

10. Intellectual property

All rights, title, and interest in and to the Service (excluding user content) are owned by us or our licensors.

You agree not to:

• Copy, modify, or create derivative works based on the Service.
• Use our trademarks, logos, or branding without prior written consent.

11. Disclaimer of warranties

The Service is provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
• Any warranties regarding the security, reliability, timeliness, and performance of the Service.

We do not warrant that:

• The Service will be uninterrupted, error-free, or secure.
• Any defects will be corrected.
• The Service will meet your requirements.

12. Limitation of liability

To the maximum extent permitted by law, we and our directors, employees, and affiliates shall not be liable for:

• Any indirect, incidental, consequential, special, or punitive damages.
• Any loss of profits, revenues, data, or goodwill.
• Any damages related to your access to or use of, or inability to access or use, the Service.

In no event shall our total liability for all claims relating to the Service exceed the amount you have paid to us (via Stripe) in the twelve (12) months preceding the claim, or, if you have not paid, one hundred (100) USD (or equivalent).

Some jurisdictions do not allow limitations of liability, so some of the above may not apply to you.

13. Changes to the Service and Terms

We may update or modify the Service at any time.

We may also update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. If changes are material, we will take reasonable steps to notify you (for example, via the app or email).

Your continued use of the Service after the updated Terms become effective constitutes your acceptance of the changes.

14. Governing law

These Terms shall be governed by and interpreted in accordance with the laws of Delaware, USA, without regard to its conflict of law principles.

15. Contact

If you have questions about these Terms, you can contact us at:

Email: support@1984.design
1984 Design & Development LLC