terms of use
(Last modified: November 18, 2016)

1. INTRODUCTION AND ACCEPTANCE

PocketSoft Llc. (registered seat: Fehérvári út 130. 1. em. 5., Budapest, H-1116 Hungary; email: support@instalogocreator.com) (“Company”, “we”, “us and “our”) offers you access to its applications and services. These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain services, govern your use of our InstaLogo application (“Application”), together with our “Services” accessible via the Application. In the application of this Terms of Use, "you" refers to any individual who uses the Application.

You acknowledge that the agreement pursuant to these Terms of Use is concluded between you and the Company, and not with Apple. The Company, not Apple, shall be solely responsible for the Application and the content thereof. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon you acceptance of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.

Please read these Terms of Use carefully before using our services. By using any of our services (other than to read these Terms of Use for the first time) you are agreeing to comply with these Terms of Use, which may change from time to time as set forth in section titled “Amendments ”. if you do not agree to be bound by these terms of use, do not use the Application or any of our services.

Please note that some of our services may be outsourced to Kite Tech Ltd. trading as kite.ly. We may not be liable for any damages caused by kite.ly. The Terms of Use agreement of kite.ly shall be applied for services outsourced to kite.ly. For further details, please refer to the kite.ly Terms of Use at https://kite.uservoice.com/knowledgebase/articles/354342-terms-of-use.

2. ACCESS AND USE

2.1. The Application and our Services are provided for your personal, non-commercial use only. The license granted to you for the Application is limited to a non-transferable license to use the Application on any iPhone or iPod touch that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service. This license authorizes you to install and, within the validity period of such license, to use the Application pursuant to the Terms of Use.

2.2. We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use the Application and our Services. In addition, unless we specifically tell you otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of the Application is limited to the relevant device and/or operating system you are using at the time you purchase a license to use the Application.

2.3. Where the Application is provided at no charge, certain features of the Application and certain portions of our Services may be limited (e.g. watermark applied on the exported contents; not all Service Contents may be accessible). In such cases, you may make in-app purchases to eliminate such limitations. We may also include advertisements in the free version of the Application.

2.4. Access to certain features or contents of the Application (including Service Content) may require an internet connection, and the accessibility of our servers, and, in some cases, in-app purchases.

2.6. The Company is solely responsible for providing any maintenance and support services with respect to the Application, to the extent required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

2.7. You acknowledge and accept the technical limitations of the Application and the User Content that may be generated using the Application. You particularly acknowledge and accept that the graphic format of such User Content may not be suitable for registering a trade mark. Upon agreement with us, we will prepare a high quality version of the User Content in question, suitable for trade mark registration, complying with the technical requirements to be agreed. You accept, however, that even in such case, unless agreed otherwise, we will not eliminate the related Service Contents from the Application, allowing other users to create similar works from similar features and Service Contents.

3. INTELLECTUAL PROPERTY

3.1. Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all text, illustrations, files, images, software, scripts, graphics, photos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the “Service Content”) and all intellectual property rights to the same are owned by us. Additionally, all trademarks and trade names that may appear in our Services are owned by us, or identified third parties. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right to any Service Content.

3.2. The Application may incorporate features which allows you to access contents available on the internet (e.g. via Google image search). By using such features, you acknowledge and accept that such contents may be subject to third party rights, including but not limited to copyright. Exclusively you shall be responsible for the lawful use of such contents, including obtaining the necessary permissions, if any.

3.3. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install or print Service Content. In such a case, you may do so only in the manner authorized and for your non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.

3.4. As part of the Services, you may use certain Service Content (especially stock images) to create derivative works within the Application. Pursuant to these Terms of Use, you may use such derivative works for your own purpose; however, you acknowledge and accept that the same Service Content will remain available and usable for other users of the Application and the Services. Any removal from among the stock images or other Service Content will be subject to explicit agreement with us, and the payment of the relevant license fees. Even such an agreement and removal from the Application will not, however, prevent users from continuing the use of similar derivative works created earlier.

3.5. Except as expressly permitted in these Terms of Use, you may not (i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content; (ii) circumvent, disable or otherwise interfere with our security-related features; (iii) use an automatic device or manual process to copy or “scrape” the Service Content for any purpose; (iv) collect any personally identifiable information from our Services; (v) solicit other users to join or become members of any commercial online service or other organization; (vi) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same; (vii) decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services; (viii) use network-monitoring software to determine architecture of or extract usage data from our Services; (ix) encourage conduct that violates any law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s access to the Services); (x) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.

3.6. You acknowledge that, in the event of any third party claim that the Application or your possession and use of the Application infringes such third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

4. USER CONTENT

4.1. In the course of using the Application, you may create or upload text, illustrations, data, files, images, graphics, photos, comments, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.

4.2. All graphic User Contents used or created by you are transferred to our servers, solely for the purpose of statistically analyzing the functions and features mostly used by users of the Application, in order to facilitate our continuous development of the Application and our Services. Such User Contents will not be stored linked to you or your account. We will not use such uploaded User Contents other than the aforementioned purpose.

4.3. You shall not submit any User Content protected by copyright, trademark, patent, trade secret or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.

4.4. You represent and warrant that you will not submit any User Content that (i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret or other intellectual property or proprietary right of any person or entity; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy rights, vulgar, obscene, profane, pornographic, or otherwise objectionable; or (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

4.5. In the course of using the Application or the Service, you may upload personal data. You will (i) obtain all legally required consents before making any personal data available in the Service, and maintain those consents until such data are deleted and (ii) delete all personal data provided that the necessary consents expire or are withdrawn.

4.6. Apart from the cases explicitly regulated herein, we will not use your User Content without your permission. Where you have provided us permission, by submitting User Content to us, you simultaneously grant, or warrant that the owner has expressly granted to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use the User Content (in whole or in part) in the manner you have requested. We may exercise this for the full term of any copyright that may exist in such User Content.

4.7. We have the right,but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content. In appropriate circumstances and at our sole discretion, we may terminate and/or disable the access to the Services of users suspected to be infringing the copyrights (or other intellectual property rights) of others. Additionally, in appropriate circumstances and in our sole discretion, we may remove or disable access to material that may be infringing or the subject of infringing activity.

5. LIABILITY AND INDEMNIFICATION

5.1. We provide our Services including, without limitation, Service Content for entertainment and/or promotional purposes only. You may not rely on any information expressed through our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.

5.2. You expressly agree that use of the Application and our Services is at your sole risk. The Application, our Services and Service Content are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied. We specifically do not warrant that (i) the Application or our Services will meet your specific requirements, (ii) the operation of the Application or our Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Application or our Services will meet your expectations, (v) warranties of title, non-infringement, or fitness for a particular purpose; and (vi) any errors in the Application, our Services or Service Content will be corrected.

5.3. To the maximum extent permitted by applicable laws, under no circumstances shall we be liable for direct or indirect damages (even if we have been advised of the possibility of such damages), arising out of, relating to, or in any way connected with using the Application, our Services or these Terms of Use. Your sole remedy for dissatisfaction with using the Application or our Services including, without limitation, Service Content is to stop using the Application and our Services.

6.4. Nothing in these Terms of Use will: (a) limit or exclude any liability for death or personal injury resulting from negligence; (b) limit or exclude any liability for crime; (c) limit any liabilities in any way that is not permitted under applicable law; or (d) exclude any liabilities that may not be excluded under applicable law.

5.5. Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

5.6. When using our Services, you agree to comply with all applicable laws including, without limitation, copyright law. You shall particularly be responsible for the lawfulness of the logos or other graphic elements generated or amended using the Application, or the use thereof. You may also not sell or otherwise make available for any consideration any of the graphic elements generated or amended using the Application. You agree to indemnify us and hold us harmless from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses arising out of, related to, or that may arise in connection with: (i) your use of our Services; (ii) User Content provided by you or through use of your account; (iii) any actual or alleged violation or breach by you of these Terms of Use; (iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

5.7. You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.

6. TERMINATION

6.1. The agreement based on these Terms of Use will remain in full force and effect while we operate the Application and provide the Services, and/or you are a customer using the Application and the Services.

6.2. We reserve the right in our sole discretion and at any time to block your use of our Services for any reason including, without limitation if you have failed to comply with these Terms of Use. You agree that Company is not liable to you or any third party for blocking your use of our Services.

6.3. Any suspension or termination shall not affect your obligations to us under these Terms of Use. The provisions of these Terms of Use which by their nature should survive your termination of using the Application shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, disclaimers, limitations on liability, provisions related to choice of law, and all of the provisions in the Section titled “MISCELLANEOUS”.

6.4. In case of termination, you are required to promptly delete the Application from any device you have installed it to. All data available within the Application or the Services may be deleted. You will be responsible to make a copy of all such data before such deletion.

7. AMENDMENT; ADDITIONAL TERMS

7.1. We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of our Services or to modify these Terms of Use. We also reserve the right to rename or otherwise amend the Application; these Terms of Use will apply to all such modifications without the need for any specific notice. In addition, we reserve the right to provide you with operating rules or additional terms that may govern your use of our Services generally, unique of our Services, or both (“Additional Terms”). Any Additional Terms that we may provide to you will be incorporated by reference into these Terms of Use. To the extent any Additional Terms conflict with these Terms of Use, the Additional Terms will prevail.

7.2. Modifications to these Terms of Use or Additional Terms will be effective immediately upon notice, either by notification by email or through any of our Applications. It is your responsibility to review the Terms of Use from time to time for any changes or Additional Terms. Your access and use of our Services following any modification of these Terms of Use or the provision of Additional Terms will signify your assent to and acceptance of the same. If you object to any subsequent revision to the Terms of Use or to any Additional Terms, immediately discontinue use of the Application and our Services.

8. MISCELLANEOUS

8.1. These Terms of Use shall be construed in accordance with the laws of Hungary without regard to its conflict of laws rules. Any disputes arising in connection with these Terms of Use or the Service shall be settled primarily without litigation, by means of negotiations. For the case of failure of such settlement, depending on the competence, you agree and submit to the exclusive jurisdiction of the Buda Environs District Court or the Budapest Environs Regional Court in Hungary.

8.2. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision or any other right or provision.

8.3. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. You also acknowledge that the Company, not Apple, is responsible for addressing any claims by you relating to the Application or your possession and/or use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

8.4. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

8.5. Except where specifically stated otherwise, if any part of these Terms of Use is unlawful or unenforceable for any reason, the remaining terms in the Terms of Use shall not be affected.

8.6. You may not assign these Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.