Terms and Conditions
1. About These Terms
These Terms and Conditions (the “Terms”) govern your use of the Paint Love mobile application and of the related services (together, the “Service”). By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree to them, you must not use the Service.
The Service is provided by FutureForce OÜ, a company registered in Estonia under registry code 16205299, with its registered office at Mannimae/1, Pudisoo kula, 74626 (“we”, “us”, “our”). You may contact us at [email protected].
Our Privacy Policy explains how we handle your data and forms part of these Terms.
2. Eligibility
The Service is available to users of any age. However, if you are a minor under the law applicable in your country of residence, you may use the Service only with the consent of your parent or legal guardian, who accepts these Terms on your behalf and is responsible for your use of the Service.
You must not use the Service if you are subject to sanctions that prohibit you from doing so, or if you have previously been excluded from the Service by us.
3. The Service
Paint Love allows two people to draw together on a shared canvas in a private room, and to upload images into that room. You may invite another person to a room by sharing an invitation link.
When you first open the app, you are asked to enter a name. This name is shown to the person you draw with. You may enter any name you wish. We do not verify it, and we do not require it to be your real name. You are responsible for the name you choose, and you must not use a name that infringes the rights of another person or that breaches clause 6.
We do not create an account for you. Access to a room depends on the invitation link and on the app installed on your device. If you lose access to your device or delete the app, we may be unable to restore your access to a room or to its content.
4. Platform Terms
The Service is distributed through the Apple App Store and through Google Play. In addition to these Terms, your use of the Service is subject to the terms of the platform from which you obtained it, namely the Apple Media Services Terms and Conditions or the Google Play Terms of Service, as applicable. You agree to comply with those terms. Where they conflict with these Terms in respect of your relationship with the platform, the platform terms prevail in that respect.
4.1 Terms Applicable to Users of the Apple App Store
The following applies if you obtained the Service from the Apple App Store:
- These Terms are concluded between you and us alone, and not with Apple Inc. (“Apple”). We, and not Apple, are solely responsible for the Service and its content.
- The licence granted to you under these Terms is limited to a non-transferable licence to use the Service on any Apple-branded device that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions.
- We, and not Apple, are solely responsible for providing any maintenance and support for the Service. Apple has no obligation to furnish maintenance or support.
- In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Service to you, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service.
- We, and not Apple, are responsible for addressing any claim by you or by a third party relating to the Service or to your possession or use of it, including product liability claims, claims that the Service fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
- We, and not Apple, are responsible for the investigation, defence, settlement, and discharge of any claim that the Service infringes the intellectual property rights of a third party.
- You represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist-supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.
5. Your Content
You retain all rights in the drawings, images, and other content that you create or upload through the Service (“Your Content”). We do not claim ownership of it.
You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, and transmit Your Content solely to the extent necessary to operate and provide the Service to you and to the person you draw with, and to comply with our legal obligations. This licence ends when the content concerned is deleted in accordance with clause 7.
You are responsible for Your Content. You represent that you hold the rights necessary to upload it and that it does not infringe the rights of any third party.
Content in a room is visible to the other person in that room. Anyone holding the invitation link may join a room that has not yet been joined. You are responsible for the persons with whom you share an invitation link, and you should share content only with people you trust.
6. Acceptable Use
You must not use the Service to create, upload, or transmit content that:
- is unlawful under the law applicable to you or to us;
- sexualises a minor, or depicts a minor in any sexual or abusive context;
- depicts or promotes violence, terrorism, or the abuse of any person or animal;
- harasses, threatens, defames, or incites hatred against any person or group;
- infringes the intellectual property, privacy, or other rights of any third party; or
- contains malicious code, or is intended to disrupt the Service.
Nor may you:
- access the Service by any means other than the app that we supply, or attempt to interfere with, decompile, or reverse engineer the Service, except to the extent that such restriction is prohibited by applicable law;
- circumvent, disable, or otherwise interfere with any security or rate-limiting measure of the Service, or obtain or attempt to obtain access to any room, content, or data that is not yours;
- use automated means to access the Service, or place an unreasonable load on our infrastructure; or
- resell, sublicense, or commercially exploit the Service or any part of it.
7. Storage and Deletion of Content
Drawings and uploaded images are retained only for as long as they remain in use. When new content is uploaded, the content it replaces is deleted automatically. Where content has not been changed, it is deleted automatically after six months.
The Service is not a storage or backup service, and you should not rely on it to preserve your content. You are responsible for keeping your own copy of anything you wish to retain.
8. Reporting Content
If you consider that content in the Service is unlawful or breaches clause 6, you may notify us at [email protected]. Please describe the content concerned and explain why you consider it unlawful, and include the invitation link or other information that allows us to locate it. We will assess each notification in a timely, diligent, and objective manner, and will inform you of our decision.
9. Advertising
The Service is funded by advertising and by optional premium subscriptions. Unless you hold an active premium subscription, the Service displays advertising supplied by third-party advertising providers. We do not control the content of that advertising and we do not endorse it. Any dealing between you and an advertiser is a matter between you and that advertiser alone.
10. Premium Subscriptions
The Service offers an optional premium subscription, which removes advertising and enables additional features. The price, the billing period, and the features included are those displayed in the app at the time of purchase.
Subscriptions are sold and processed by Apple through the App Store or by Google through Google Play, in accordance with the terms of the platform concerned. Payment is charged to your platform account upon confirmation of purchase.
Subscriptions renew automatically at the end of each billing period unless you cancel at least twenty-four hours before the end of the current period. You may manage and cancel your subscription in the settings of your platform account. Cancellation takes effect at the end of the current billing period, and you retain access to premium features until then.
Refunds are handled by the platform through which you purchased the subscription, in accordance with its refund policy. We are unable to issue refunds for purchases made through the App Store or Google Play.
If you are a consumer resident in the European Union, you have a statutory right to withdraw from a contract for digital content or digital services within fourteen days of its conclusion. By purchasing a subscription and obtaining immediate access to premium features, you expressly request that performance begins during the withdrawal period and you acknowledge that you thereby lose your right of withdrawal once performance has begun in full. This does not affect any statutory right you have where the Service is not supplied in conformity with the contract.
11. Our Intellectual Property
The Service, including its software, design, and the Paint Love name and logo, is owned by us or by our licensors and is protected by intellectual property law. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Service for your own personal, non-commercial purposes. No other right is granted to you.
12. Abuse Prevention, Suspension, and Termination
We operate automated systems that protect the Service against abuse, tampering, and unauthorised access. Where those systems detect activity indicating a possible breach of these Terms, they may automatically carry out a more detailed inspection of the requests and content concerned, and may restrict, suspend, or block access.
We may also remove content or suspend or terminate your access to the Service where we reasonably consider that you have breached these Terms, that your use harms other users or the Service, or that we are required to do so by law. Where we do so, we will inform you of the reason, unless we are prevented by law from doing so or unless informing you would compromise the prevention of abuse.
If your access has been restricted or terminated, you may contest that decision by contacting us at [email protected]. Your complaint will be reviewed by a member of our staff, and we will reverse the decision without undue delay where it proves to have been unfounded.
You may stop using the Service at any time by deleting the app from your device. Deleting the app does not cancel a subscription; you must cancel it through your platform account as described in clause 10.
13. Availability and Changes to the Service
We aim to keep the Service available, but we do not guarantee that it will be available without interruption or free from error. The Service may be suspended temporarily for maintenance, for updates, or for reasons beyond our reasonable control.
We may change the Service, including by adding, altering, or removing features. Where a change materially and adversely affects your use of a premium subscription that you have paid for, we will inform you a reasonable time in advance and, where the law so provides, you may terminate the subscription and receive a refund of the amount paid for the remaining period.
14. Warranties and Consumer Rights
Where you are a consumer, you have statutory rights in respect of digital content and digital services that are not supplied in conformity with the contract. Nothing in these Terms limits or excludes those rights, and this clause applies in addition to them.
Subject to the foregoing, and to the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis, and we make no warranty that it will meet your requirements or that any defect will be corrected.
15. Limitation of Liability
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law. In particular, nothing in these Terms affects the statutory rights of consumers.
Subject to the foregoing, we are not liable for loss that was not foreseeable, for loss arising from your failure to keep your own copy of your content, for loss caused by your sharing of an invitation link, or for loss arising from the acts of the person with whom you use the Service.
Subject to the first paragraph of this clause, and to the maximum extent permitted by applicable law, our total liability arising out of or in connection with the Service shall not exceed the greater of the amount you paid to us for the Service in the twelve months preceding the event giving rise to the liability, or fifty euro (EUR 50).
16. Changes to These Terms
We may amend these Terms from time to time, in particular to reflect changes to the Service or to the law. The amended Terms will be published on this page and the date at the top will be updated. Where an amendment materially affects your rights, we will give you notice in the app a reasonable time before it takes effect. If you do not accept the amended Terms, you must stop using the Service.
17. Governing Law and Disputes
These Terms are governed by the law of Estonia. Where you are a consumer habitually resident in another country of the European Union, this choice of law does not deprive you of the protection afforded by the mandatory provisions of the law of your country of residence, and you may bring proceedings in the courts of that country.
If you have a complaint, please contact us first at [email protected], and we will seek to resolve it. Consumers resident in the European Union may also approach an out-of-court dispute resolution body; a list of the bodies notified in each Member State is maintained by the European Commission at consumer-redress.ec.europa.eu. We are not obliged to participate in such proceedings and do not undertake to do so.
18. General
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions continue in full force. Our failure to enforce a provision is not a waiver of it. You may not transfer your rights under these Terms without our consent. We may transfer our rights and obligations under these Terms to another entity, provided that this does not reduce your rights.
19. Contact
For any question concerning these Terms, please contact us at [email protected].