Terms of Service

Last updated: August 7, 2024

Agreement to Terms

These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and GipGimpl ("Company," "we," "us," or "our") regarding your use of our AI-driven graphic editor platform and related services (collectively, the "Service").

By accessing, downloading, installing, or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use the Service.

These Terms apply to all users of the Service, including without limitation users who are browsers, vendors, customers, merchants, contributors of content, information, and other materials or services on the Service.

We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

Description of Service

GipGimpl provides a comprehensive browser-based AI graphic editor platform featuring advanced technology and collaborative tools:

Core Platform Features

  • Custom render-optimization engine with intelligent GPU call batching for enhanced performance
  • Machine-learning heuristics for predictive layer compositing and workflow optimization
  • Incremental frame streaming from distributed cloud workers for real-time rendering
  • Cross-platform compatibility ensuring consistent performance across all devices and browsers
  • Vector and raster graphics support with advanced editing capabilities
  • Real-time collaborative workspaces with multi-user editing and commenting features
  • Comprehensive API integration capabilities for third-party applications and workflows
  • Cloud-based project storage with automatic synchronization and backup
  • Advanced export options supporting multiple file formats and quality settings

AI-Driven Capabilities

  • Intelligent design suggestions based on user behavior and industry best practices
  • Automated optimization of graphics for different platforms and use cases
  • Smart template recommendations and customization assistance
  • Predictive text and layout suggestions for improved design efficiency
  • Automated color palette generation and harmony suggestions

We reserve the right to modify, suspend, discontinue, or restrict access to any part of the Service at any time, with or without notice, for any reason including but not limited to maintenance, updates, security concerns, or business decisions. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

User Accounts and Registration

To access certain features of the Service, you must create a user account. By creating an account, you agree to the following terms and responsibilities:

Account Creation Requirements

  • Provide accurate, current, complete, and truthful information during the registration process
  • Maintain and promptly update your account information to keep it accurate and complete
  • Choose a secure password and maintain the confidentiality of your account credentials
  • Accept full responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account or any other breach of security
  • Ensure you meet the minimum age requirements for using the Service in your jurisdiction
  • Comply with all applicable laws and regulations in your use of the Service

Account Security and Responsibilities

  • You are solely responsible for maintaining the security of your account and password
  • You must not share your account credentials with any third party
  • You agree to log out of your account at the end of each session when using shared or public computers
  • You must immediately notify us of any suspected unauthorized access to your account
  • We reserve the right to suspend or terminate accounts that show signs of suspicious or unauthorized activity

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, particularly in cases where users violate these Terms or engage in behavior that we deem harmful to the Service or other users.

Acceptable Use Policy

Your use of the Service is subject to this Acceptable Use Policy. You agree not to use the Service for any unlawful purpose or in any way that could damage, disable, overburden, or impair the Service.

Prohibited Activities

You expressly agree not to use the Service to:

  • Violate any applicable local, state, national, or international law or regulation
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others
  • Harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any individual or group
  • Submit false or misleading information or impersonate any person or entity
  • Upload or transmit viruses, malware, or any other malicious code or harmful content
  • Attempt to gain unauthorized access to our systems, other user accounts, or computer networks
  • Interfere with, disrupt, or create an undue burden on the Service or networks connected to the Service
  • Use the Service for any illegal, harmful, fraudulent, infringing, or offensive purpose
  • Create content that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
  • Engage in any form of automated data collection, including scraping, crawling, or harvesting
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
  • Use the Service to compete directly with our business or create a similar service

Content Standards

  • All content created or uploaded must comply with applicable copyright and intellectual property laws
  • Content must not contain or promote illegal activities, violence, or harmful behavior
  • Content must not violate the privacy rights of others or contain personal information without consent
  • Content must not be spam, commercial solicitation, or unsolicited advertising
  • Content must not contain hate speech, discriminatory language, or promote intolerance

Intellectual Property Rights

Our Intellectual Property

The Service and its original content, features, functionality, and all related intellectual property are and will remain the exclusive property of GipGimpl and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Our trademarks, service marks, logos, and trade names may not be used in connection with any product or service without our prior written consent. Nothing in these Terms grants you any right or license to use our intellectual property.

Your Content and License Grant

You retain ownership of all intellectual property rights in content that you create, upload, or submit to the Service ("Your Content"). However, by using the Service, you grant us certain limited rights:

  • A worldwide, non-exclusive, royalty-free license to use, store, display, reproduce, and distribute Your Content solely for the purpose of providing the Service
  • The right to make temporary copies of Your Content for performance optimization, caching, and backup purposes
  • The right to share Your Content with other users as directed by your collaboration and sharing settings
  • The right to use aggregated and anonymized data derived from Your Content for service improvement and research purposes
  • The right to use Your Content for customer support purposes when you request assistance

Third-Party Content

  • The Service may include content provided by third parties, including templates, stock images, and other materials
  • Third-party content is subject to separate license terms and restrictions
  • You are responsible for ensuring your use of third-party content complies with applicable licenses
  • We do not guarantee the accuracy, completeness, or quality of third-party content

Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide us with written notice containing the required information under the Digital Millennium Copyright Act (DMCA).

Payment Terms and Billing

Certain features and services require payment of fees. By purchasing a subscription or making any payment, you agree to the following terms:

Subscription Plans and Fees

  • Subscription fees are charged in advance on a monthly or annual basis, depending on your chosen plan
  • All fees are non-refundable except as expressly stated in these Terms or required by applicable law
  • You authorize us to charge your designated payment method for all applicable fees
  • You are responsible for providing accurate and up-to-date billing information
  • Subscription fees may be subject to applicable taxes, which will be added to your bill
  • We reserve the right to change our pricing with thirty (30) days' advance notice

Automatic Renewal and Cancellation

  • Subscriptions automatically renew at the end of each billing period unless cancelled
  • You may cancel your subscription at any time through your account settings
  • Cancellation takes effect at the end of your current billing period
  • No refunds will be provided for partial billing periods
  • Upon cancellation, you will retain access to paid features until the end of your billing period

Payment Processing and Security

  • All payments are processed through secure, PCI-compliant payment processors
  • We do not store your complete credit card information on our servers
  • You are responsible for any fees charged by your bank or payment provider
  • Failed payments may result in suspension or termination of your account

Enterprise and Custom Pricing

  • Enterprise customers may be subject to separate pricing agreements and terms
  • Custom pricing arrangements require written agreement and approval
  • Volume discounts and special pricing may be available for qualifying customers

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Data Collection and Use

  • We collect and process personal information as described in our Privacy Policy
  • You consent to our collection and use of your information in accordance with our Privacy Policy
  • We implement appropriate security measures to protect your personal information
  • You have certain rights regarding your personal information as outlined in our Privacy Policy

Data Security

  • We use industry-standard security measures to protect your data
  • Your content is encrypted in transit and at rest
  • We regularly audit and update our security practices
  • We will notify you of any significant data breaches as required by law

Limitation of Liability and Disclaimers

Service Availability

While we strive to provide reliable service, we cannot guarantee that the Service will be available at all times or free from interruptions, errors, or defects. The Service is provided "as is" and "as available" without warranties of any kind.

Disclaimer of Warranties

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

  • Warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties regarding the accuracy, reliability, or completeness of the Service
  • Warranties that the Service will meet your requirements or expectations
  • Warranties that the Service will be uninterrupted, secure, or error-free
  • Warranties regarding third-party content or services integrated with our platform

Limitation of Liability

To the maximum extent permitted by law, GipGimpl and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, data, or business opportunities
  • Service interruptions, downtime, or technical failures
  • Unauthorized access to or alteration of your transmissions or data
  • Third-party actions, content, or services
  • Any other matter relating to the Service

Our total liability to you for all claims arising from or relating to the Service shall not exceed the amount paid by you to us for the Service in the twelve (12) months preceding the claim, or one hundred dollars ($100), whichever is greater.

Indemnification

You agree to indemnify, defend, and hold harmless GipGimpl and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your use of the Service, violation of these Terms, or infringement of any intellectual property or other rights of any person or entity.

Termination

Termination by You

You may terminate your account and discontinue use of the Service at any time by:

  • Cancelling your subscription through your account settings
  • Contacting our customer support team
  • Following the account deletion process in your account settings

Termination by Us

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

  • Breach of these Terms or our other policies
  • Violation of applicable laws or regulations
  • Fraudulent, abusive, or harmful behavior
  • Non-payment of fees when due
  • Prolonged inactivity
  • Technical or security concerns
  • Business reasons or discontinuation of the Service

Effect of Termination

Upon termination of your account:

  • Your right to access and use the Service ceases immediately
  • We may delete your account, content, and data, subject to applicable law and our data retention policies
  • You remain liable for all charges incurred prior to termination
  • Provisions of these Terms that by their nature should survive termination shall survive
  • We may retain certain information as required by law or for legitimate business purposes

Dispute Resolution and Governing Law

Governing Law

These Terms and your use of the Service are governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law principles.

Dispute Resolution Process

  • Before initiating any legal proceedings, you agree to first attempt to resolve disputes through direct negotiation with us
  • If direct negotiation fails, disputes may be resolved through binding arbitration in Vancouver, British Columbia
  • Arbitration shall be conducted in accordance with the rules of the British Columbia International Commercial Arbitration Centre
  • The arbitration shall be conducted in English and the decision shall be final and binding

Jurisdiction and Venue

For any disputes not subject to arbitration, you agree that the courts of British Columbia, Canada, shall have exclusive jurisdiction, and you consent to personal jurisdiction in such courts.

General Provisions

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and us concerning the Service and supersede all prior or contemporaneous communications and proposals.

Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, or government actions.

Contact Information

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us:

  • Email: info@gipgimpl.com
  • Phone: +1 (604) 783-9261
  • Address: 1655 E 12th Avenue, Vancouver, BC V5N 2A3, Canada

We are committed to addressing your concerns promptly and will respond to your inquiries within a reasonable timeframe. For urgent legal matters, please indicate the urgency in your communication.