These Terms of Use govern your access to and use of Gifox and its website. Please read them carefully, and if you do not agree with one or more of the provisions, you should not use Gifox or its website.

Effective date: 20 March 2022

General information

1. These Terms of Use (the "Terms") form a legally binding agreement between Interactive Works LTD ("we", "us", and "our"), registered in England and Wales under registration number 06615601, and an individual user or entity ("you" and "your") who accesses or uses the Gifox desktop application ("Gifox") and its related website (the "Website").

2. License to use Gifox: We grant you a worldwide, personal, revocable, non-exclusive, non-transferable, and limited license to use Gifox pursuant to these Terms.

3. Disclaimer: While we make regular efforts to monitor the information available within Gifox and on the Website, we cannot guarantee the accuracy, reliability, currency, relevance, or completeness of all information available.

4. Third-party links: Gifox and the Website may contain links to websites, applications, and other online sources owned and operated by third parties. We are not responsible or liable in any way for the content of such third-party links, information, and advertisements, nor for the security and privacy practices deployed by the operators of the third-party websites. Please exercise due diligence before clicking on any such third-party links or advertisements.

5. Support: Any general requests for customer support should be addressed to us by email at team@gifox.app or by using the "Contact" functionality available within Gifox and on the Website.

6. Fees: A part of the services provided through Gifox is subject to the license fees (the "Fees"). The Fees remain valid as long as they are indicated within Gifox, on the Website, or on the relevant app store and are subject to change without prior notice. Unless otherwise specified, the Fees include all applicable taxes, levies, or duties imposed by tax authorities.

7. Payment processing: All payments related to Gifox, including the Fees, are processed by third-party payment processors: Paddle, Apple, and Setapp (the "Processors"). The Processors are solely responsible for handling your payments. We do not collect or process any payments related to Gifox.

   You agree not to hold us liable for payments that do not reach us because you have provided incorrect payment information or if the Processors refuse the payment for any other reason. Please note that the Processors may collect some personal data from you, which will allow them to process the payments requested by you (e.g., your name, credit card details, payment account information, or any other required personal data). The Processors handle all the steps in the payment process on their websites, including data collection and processing. Please refer to their respective policies for more information.

8. Trial period: Although Gifox Basic is available for free, you may be offered a trial period by the app store from which you purchase it. For more information, please refer to the app store you have selected.

9. Refunds: If you are not satisfied with Gifox purchased directly from our website, please contact us within 30 days of your purchase to receive a refund. Refunds requested more than 30 days after the initial purchase date will not be issued unless the transaction was subject to a fraudulent purchase. If Gifox was purchased from an app store or a reseller, it must be refunded via them and is subject to the return policies of that particular app store or reseller.

10. Privacy and other relevant terms: The documents that contain important provisions regarding your use of Gifox and the Website should be read and interpreted together with these Terms. These documents include Gifox's Privacy Policy and other individual terms and conditions that we have made available through Gifox and the Website.

Intellectual property

1. Our content: Most of the content available within Gifox and on the Website, including all information, source code, data, logos, marks, designs, graphics, pictures, video files, sound files, illustrations, graphics, and similar (collectively, "Our Content") is owned by us, our partners, agents, licensors, vendors, and/or other content providers. Our content is protected by applicable intellectual property laws and international treaties.

   You are not allowed, without obtaining prior written authorization from us, to copy, distribute, make available, disassemble, make alterations, decompile, reverse engineer, translate, adapt, rent, loan, use, lease, or attempt to grant other rights to Our Content to third parties, or use any manual or automated means to scrape any content available on Gifox.

2. Our brand: You may not use the brand name, word, or figurative trademarks associated with Gifox or third-party trademarks without the prior consent of the trademark owner. You are not allowed to use such brands and trademarks in any way that suggests that we sponsor, endorse, or associate with you without obtaining prior written consent from us.

3. Third-party intellectual property: Some of the intellectual property assets, such as third-party trademarks, featured within Gifox and on the Website may be owned by other third parties. Such third-party intellectual property does not belong to us, and it remains the property of the respective third-party proprietors.

4. Copyright infringement claims: If you have any grounds to believe that any content available within Gifox and on the Website violates your or a third party′s intellectual property rights, please contact us and express your concerns or request to remove the allegedly infringing content. We will reply to your copyright infringement claim as soon as possible but no later than two weeks. Before sending your claim to us, please make sure that you sign it and include information that would allow us to locate the allegedly infringing content.

Acceptable use policy

When using Gifox, you are required to follow our acceptable use policy outlined in this Section. Please be advised that we work closely with law enforcement, and we report any inappropriate content that may infringe applicable laws. You are not permitted to use Gifox or the Website in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):

• Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
• Any unauthorized access to machines, programs, data, or committing any other forms of cyber offenses;
• Fraud;
• Provision of false, inaccurate, or misleading information;
• Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
• Spreading ethnically, racially, or otherwise objectionable information;
• Spreading sexually explicit, libelous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behavior and terrorism-related content;
• Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Gifox;
• Interfering with or abusing other users of Gifox;
• Using bots, scripts, and other automated methods;
• Collecting and disclosing any information about other users of Gifox.

Availability and force majeure

We put reasonable efforts to ensure that Gifox and the Website are always accessible to you. However, the availability may be affected by factors, which we cannot control, such as bandwidth problems, equipment failure, acts and omissions of third-parties, or force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; shortage of supply, breakdowns, loss or malfunctions of utilities and communications or computer (software and hardware) services. We take no responsibility for the unavailability of Gifox and the Website caused by such factors.

Disclaimer of warranties

1. We provide Gifox on "as available", "as is", and "with all faults" basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Gifox, any content featured on Gifox and the Website, whether provider by us or by third parties, and hereby disclaim all warranties regarding Gifox and its operation.

2. It is your sole responsibility to verify and assess the fit for the purpose of Gifox prior to using it and to decide whether or not Gifox fits for the intended use.

3. By using Gifox, you acknowledge that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.

4. Nothing in these Terms shall affect any statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

Limitation of liability

1. Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with your use of Gifox, any content made available through Gifox and the Website, whether provided by us or by third parties, any transactions concluded through Gifox or use of Gifox for unauthorized or unlawful purposes. You agree not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control.

2. This Section shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

Indemnification

You agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, your use of Gifox and the Website, or your violation of any law or the rights of a third party.

Severity

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.

Governing law and disputes

1. Governing law: These Terms shall be governed and construed in accordance with the laws of England and Wales.

2. Jurisdiction: You agree to resolve any disputes arising out of or relating to these Terms by means of negotiation with us. If the dispute cannot be resolved by means of negotiation, the dispute shall be submitted to the courts in England and Wales. This Section does not affect any statutory rights that you are entitled to as a consumer.

Miscellaneous

1. Term and termination: The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us.

2. Amendments: We reserve the right to modify these Terms at any time, effective upon posting of an updated version on the Website. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of Gifox, or our business practices. You are responsible for regularly reviewing these Terms. Your continued use of Gifox after any changes shall constitute your consent to such changes. We also reserve the right to modify the services provided through Gifox at any time, at our sole discretion.

3. Breach of the Terms: If we believe, at our sole discretion, that you violate these Terms and it is appropriate, necessary or desirable to do so, we may:

   • Send you a formal warning;
   • Temporarily or permanently prohibit your use of Gifox;
   • Report you to the relevant public authorities;
   • Commence a legal action against you.

4. Transfer of rights: You are not allowed to assign your rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving prior notice to you. If you do not agree to the transfer, you can terminate these Terms with immediate effect by canceling the Fees and ceasing to use Gifox.

5. Merger or acquisition: In the event we, during the term of these Terms, are acquired, merged, or sell all or substantially all of our assets, these Terms shall not automatically be terminated, and we agree to use our best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.

6. Entire agreement: These Terms, together with the documents referred to therein, represent the entire agreement between you and us regarding your relationship with us and govern your use of Gifox.

Contact

If you have any questions about these Terms, please contact us by email at team@gifox.app.