1. INTRODUCTION AND ACCEPTANCE

1.1 LOGO MAKER LLC.(registered seat: Ágoston utca 6. 1. em. 3., Budapest, H-1032 Hungary; email: support@instalogocreator.com) (“Company”, “we”, “us” and “our”) offers you access to its applications and services. These terms of use (“Terms of Use”), together with our Privacy Policy and any additional terms which might apply to certain services, govern your use of our LOGO MAKER, DESIGN CREATOR application for mobile and other smart devices (“Application”), our website at instalogocreator.com, together with our services (“Services”) accessible via the Application or the website. In the Application of this Terms of Use, "you" refers to any individual who uses the Application.

1.2 You acknowledge that the agreement pursuant to these Terms of Use is concluded between you and the Company, and not with Apple Inc. (“Apple”) or Google Inc. (“Google”). The Company, shall be solely responsible for the Application and the content thereof. You acknowledge and agree that Apple, and Apple’s subsidiaries, Google or Google’s subsidiaries, are third party beneficiaries of the Terms of Use, and that, upon your acceptance of the Terms of Use, Apple and/or Google 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.

1.3 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.

1.4 Although the entire contractual relationship relating to the Services is entered into solely by the Company and you, you acknowledge and agree that, where the Application has been provided to you via the Apple App Store or the Google Store. Apple and Google may enforce these Terms of Use as a third-party beneficiary.

1.5 Nothing in these Terms of Use creates any relationship of employment, agency, or partnership between the involved parties.

1.6 Please note that some provisions in these Terms of Use may only apply to certain categories of users. In particular, certain provisions may only apply to consumers or to those users that do not qualify as consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

1.7 The right of withdrawal only applies to European Consumers.

1.8 Usage of this Application and the Services is age restricted: to access and use this Application and its Service the User must be an adult under applicable law. Minors may access this Application and use its Services only under parental or adult supervision.

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, iPad or iPod touch and Android devices that you own or control. 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, such as in-app purchases. 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.

2.5 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 and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

2.6 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 trademark. Upon agreement with us, we will prepare a high-quality version of the user content in question, suitable for trademark 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 or Google, 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.

5.4 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. SALE OF PAID SERVICES

6.1 Some of the Services provided on the Application, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase are described below and in the dedicated sections of this Application.

6.2 Prices, descriptions or availability are outlined in the respective sections of the Application and are subject to change without notice.

6.3 While Services in the Application are presented with the greatest accuracy technically possible, representation on this Application through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Services.

6.4 Any steps taken from choosing a paid service to order submission form part of the purchasing process. The purchasing process includes these steps:
- Users must choose the desired Service and verify their purchase selection.
- After having reviewed the information displayed in the purchase selection, you may place the order by submitting it.

6.5 The submission of an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.

6.6 Upon submission of the order, you will receive a receipt confirming that the order has been received. All notifications related to the described purchasing process shall be sent to the email address provided by you for such purposes.

6.7 Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.

6.8 Prices on this Application are displayed including all applicable fees, taxes and costs.

6.9 We may offer discounts or provide special offers. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of the Application. Offers and discounts are always granted at the Company’s sole discretion.

6.10 Repeated or recurring offers or discounts create no claim/title or right that you may enforce in the future.

6.11 Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the Application.

6.12 All payments are independently processed through third-party services. Therefore, the Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.

6.13 If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

6.14 Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Company.

6.15 The Company grants you a contractual right to cancel the purchase within 15 days of concluding the contract.

7. CONTRACT DURATION

7.1 Users have the option to test this Application or selected Services during a limited and non-renewable trial period, at no cost. Some features or functions of this Application may not be available to you during the trial period. Further conditions applicable to the trial period, including its duration, will be specified on the Application. The trial period shall automatically convert into the equivalent paid Services, unless you cancel the purchase before the trial period expires.

7.2 Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.

7.3 Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

7.4 Users may subscribe to a Service using the Apple ID associated with their Apple App Store account or in the Google Store using the Google ID associated with their Google registration by using the relevant process on the Application. When doing so, you acknowledge and accept that any payment due shall be charged to their Apple ID or Google account; subscriptions are automatically renewed for the same duration unless you cancel at least 24 hours before the current period expires;
any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period; subscriptions can be managed or cancelled in the Users’ Apple App Store or Google Store account settings. The above shall prevail upon any conflicting or diverging provision of these Terms.

7.5 Subscriptions and open-ended subscriptions may be terminated by sending a clear and unambiguous termination notice to the Company by using the corresponding controls inside this Application or on the pertaining service area of Apple and Google respectively. Terminations shall take effect 0 days after the notice of termination has been received by the Company.

7.6 Unless exceptions apply, the you may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section. Unless any applicable exception is mentioned below, users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit this qualification, cannot benefit from the rights described in this section.

7.7 To exercise their right of withdrawal, you must send to the Company an unequivocal statement of your intention to withdraw from the contract. To this end, you are free to express your intention to withdraw from the contract by making an unequivocal statement in any suitable way. In order to meet the deadline within which they can exercise such right, you must send the withdrawal notice before the withdrawal period expires.

7.8 Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the you have waived the withdrawal right. Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Company, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Company, will not be reimbursed. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Company is informed of the user’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.

8. TERMINATION

8.1 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.

8.2 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.

8.3 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 the choice of law, and all of the provisions in the Section titled “MISCELLANEOUS”.

8.4 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.

9. AMENDMENT; ADDITIONAL TERMS

9.1 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.

9.2 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.

10. MISCELLANEOUS

10.1 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 relevant courts.

10.2 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.

10.3 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.

10.4 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.

10.5 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