1.1 Agreement to the GTCs
By using the "feierly" web app (hereinafter referred to as the "App"), you (hereinafter referred to as the "User" or "you") declare your express consent and agreement to these General Terms and Conditions (hereinafter referred to as the "GTCs"). The T&Cs govern the terms and conditions under which the App may be used.
1.2 Age restriction
The use of the app is only permitted to persons who have reached the minimum legal age. By agreeing to the T&Cs, you confirm that you have reached the minimum legal age to use the App. If you have not reached the minimum age or are not authorized to accept these T&Cs, you are prohibited from using the App.
1.3 Agreement with the GTCs
You acknowledge and agree that you have read, understood and accepted these TOS and that you agree to be bound by the terms and conditions set forth herein. Use of the App is subject to the TOS as amended from time to time.
1.4 Changes to the GTCs
We reserve the right to change or update these TOS at any time at our sole discretion. Such changes will be effective as soon as they are posted in the TOS. It is your responsibility to review these TOS periodically for changes. Your continued use of the App following any amendment to the TOS constitutes your acceptance of the amended terms.
1.5 Revocation of consent
If you do not agree with the T&Cs or wish to withdraw consent, you must stop using the app immediately.
2.1 Permissible contents
a) The "feierly" web app (hereinafter referred to as the "App") allows users to create and share digital invitations and related content. You agree to use the App in accordance with the following content guidelines.
b) You are responsible for all content created and uploaded by you on the App (hereinafter referred to as "Content"). You acknowledge and represent that you have all necessary rights to create and share the Content and that such Content does not infringe any third party rights.
2.2 Inadmissible contents
a) You are expressly prohibited from creating or uploading the following content on the App:
i) content that violates applicable law, official regulations or these GTCs.
ii) content that is offensive, defamatory, threatening, abusive, obscene, pornographic or otherwise inappropriate.
iii) Content that promotes discrimination, racism, hatred or violence against individuals or groups.
iv) content that infringes copyrights, trademark rights, patents or other intellectual property rights of third parties.
v) Content that contains viruses, malware or other harmful code that could affect the functionality of the App or other users.
vi) content that is fraudulent, misleading or deceptive.
2.3 Moderation and removal of content
a) We reserve the right to review, moderate or remove content that violates these TOS or applicable laws. However, we are not obliged to do so.
b) If you believe that Content in the App violates these TOS or applicable laws, you may notify us by using the reporting system in the App.
3.1 Disclaimer
a) The "feierly" web app (hereinafter referred to as the "App") is provided "as is" and "as available". We make no express or implied warranties or representations regarding the performance, security, reliability, availability, or fitness for a particular purpose of the App. Use of the App is at your own risk.
b) We assume no responsibility or liability for the availability, quality, accuracy, completeness or legality of the content created by users or for any actions or omissions of users. The responsibility for the content lies exclusively with the respective users.
3.2 User accounts
a) You are responsible for the security and confidentiality of your App credentials. You agree to keep your password and login information confidential and not to allow unauthorized access to your account.
b) You are solely responsible for all activities that occur under your account, and you agree to notify us immediately of any unauthorized use or security breach of your account.
3.3 Limitation of liability
a) We will not be liable for any direct, indirect, incidental, special or consequential damages arising out of your use of or inability to use the App, including but not limited to lost profits, loss of data or interruption of business.
b) Our liability for any damage, loss or claim arising out of or in connection with the use of the App is limited to the amount you have paid us for the use of the App.
3.4 Exemption
You agree to indemnify and hold us, our subsidiaries, affiliates, employees and agents harmless from any claims, losses, damages or liabilities arising from your use of the App or violation of these TOS.
4.1 Data collection and consent
a) By using the "feierly" web app (hereinafter referred to as the "App"), you expressly agree that we may collect and store certain personal data from you, as further explained in our Privacy Policy.
b) The collection and use of your personal data will be in accordance with applicable data protection laws and our privacy policy.
4.2 Use of user data
a) We use your personal data solely for the purpose of providing and improving the App Services, including personalizing and customizing the App features and content.
b) We will not sell, rent, or disclose your personal information to third parties unless expressly stated in our privacy policy or required by law.
4.3 Data security
a) We take appropriate technical and organizational measures to ensure the security and confidentiality of your personal data and to protect it from unauthorized access, loss or theft.
b) Despite our best efforts, no data transmission over the Internet can be considered completely secure, and we cannot guarantee the absolute security of your data.
4.4 Cookies and tracking technologies
a) The App may use cookies and similar tracking technologies to collect information about your use of the App. For information about how we use cookies and what types of cookies we use, please see our Cookie Policy.
4.5 Access to user data
a) You have the right to access, correct or delete your personal data if required by law. For more information on how to access or update your data, please see our Privacy Policy.
4.6 Changes to the privacy policy
a) We reserve the right to update our Privacy Policy from time to time to reflect changes in requirements and laws. Such changes will become effective as soon as they are published in the privacy policy.
5.1 Ownership of the app
a) The "feierly" web app (hereinafter referred to as the "App") and all content, features and technology contained therein, including but not limited to text, graphics, logos, designs, images, videos, audio files, software and all other materials (hereinafter referred to as the "App Content"), are owned by us or our licensors and protected by copyright, trademark and other intellectual property laws.
b) The App and its contents are intended for your personal, non-commercial use only. Any use, reproduction or distribution of the App or its contents without our express written permission is prohibited.
5.2 User content
a) You retain intellectual property rights in the content you create and upload on the App (hereinafter referred to as "User Content"). However, by uploading User Content, you grant us a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, display, distribute and publicly perform your User Content in connection with providing and improving the App Services.
b) You warrant that you have all necessary rights to use and share the materials used in your User Content and that the use of your User Content in accordance with this License does not infringe any rights of any third party.
5.3 Infringement of intellectual property rights
a) We respect the intellectual property rights of others and ask you to do the same. If you believe that your intellectual property rights have been infringed by Content in the App, please contact us immediately.
b) In case of infringement of intellectual property rights of third parties, we reserve the right to remove content and block accounts that infringe such rights and to take further legal action if necessary.
6.1 Termination by the User
a) You may stop using the "feierly" web app (hereinafter referred to as the "App") at any time by discontinuing its use.
6.2 Termination by the App Operator
a) We reserve the right to terminate your use of the App at any time and for any reason, including, but not limited to, violations of these Terms of Service (TOS) or applicable laws.
b) In case of termination by the App Operator, you will be informed about it and you agree to stop using it immediately.
6.3 Effects of termination
a) In the event of termination of the use of the App, for whatever reason, the provisions of these T&Cs relating to intellectual property, liability and data protection shall remain in force after termination.
b) Upon termination, you will no longer be authorized to access the App or your User Content, and you agree that we may delete or remove your User Content.
7.1 Exemption of the app operator
a) You agree to indemnify and hold us, our subsidiaries, affiliates, employees and agents harmless from any claims, losses, damages or liabilities arising from your use of the "feierly" web app (hereinafter referred to as the "App"), including but not limited to:
i) violations of these General Terms and Conditions (GTCs) or applicable laws.
ii) infringement of third party rights, including intellectual property rights.
iii) Your violation of the Privacy Policy or disclosure of personal information.
iv) Your interactions or transactions with other users or third parties that occur through the App.
v) Any act or omission by you in connection with the App.
7.2 Recourse claims
a) If any third party claims are made against us as a result of your acts or omissions in connection with the use of the App, we reserve the right to seek recourse from you.
7.3 Consent to release from liability
a) By using the App, you expressly agree to indemnify and hold us and our agents harmless from any and all liability and responsibility arising out of or in connection with your use of the App.