Terms of Use

Last updated on 20 July 2020

We hereby represent our Terms of Use (hereinafter the Agreement) regarding our mobile app named Graspic and/or website https://www.graspic.app/ with tools and services we provide you (hereinafter altogether the Services). The terms “we”, “our” and „Graspic“ as used in this Agreement refer to Graspic OÜ, a company established and registered under Estonian Commercial Code with registry code 14611405. The purpose of our Services is to provide parents with a reliable and safe mobile app for collecting and organising special moments of your children´s life which you can share privately with their family.

It is prohibited to use the Services for any other purpose, including commercial purposes from your end.

We refer to this Agreement, our Privacy and Cookies Policy and any other terms, rules, or guidelines on our Services collectively as our “Legal Terms”. You explicitly and implicitly agree to be bound by our Legal Terms each time you access, use and/or visit our Services. If you do not wish to be bound, please do not use, visit or access our Services. The Services are available only to individuals who are at least 16 years old.

This Agreement acts as a legal contract between us by providing and using the Services. As we are a company registered in the Republic of Estonia, then this Agreement shall be governed by the laws of the Republic of Estonia, but any mandatory protection granted under local consumer protection law shall apply.

Content on the Services

You are responsible for your use of the Services and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide content that you are comfortable sharing with others and you would be comfortable to be shared about you.

Any use or reliance on any content or materials posted via the Services or obtained by you through our Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via our Services or endorse any opinions expressed thereof.

You understand that by using the Services, you may be exposed to content that might be inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such content. We may not have power to monitor or control the content posted via the Services, thus we cannot take responsibility for such content.

We reserve the right to remove content that violates the Agreement, including for example, copyright or trademark violations, impersonation, unlawful conduct or harassment.

When you post any content on our Services, you must observe the following rules:

Maintain a respectful and courteous behaviour in respect of all users.
Do not post any of the following:

Any content reporting any personal information of yourself or other third parties.
Personal attacks or anything outrageous, harassing or offensive in respect of any of the other users of Services or any other person, his/her personal beliefs or opinions.
Any content which contains or installs viruses, worms, malware, Trojan horses or other harmful or destructive elements.
Any content which is spam, is machine-or- randomly generated or contains unethical or unwanted commercial contents designed to redirect to third-parties sites or boost the search engine rankings of third-parties sites or to further unlawful acts (such as phishing) or to mislead recipient with regard to the source of the posted content (such as spoofing).
Any content which is pornographic, violent, or violates the privacy or data protection rights of any person.
Any content which might be illegal or against the common principle of good faith.
Advertising and solicitations.
Any content that infringes any intellectual property right of Graspic or of any other third party.
Any statement that expresses or implies that any actions you take are endorsed by any other user of the Services or by Graspic or its customers, managers, agents or employees.
Do not engage in any other activity that Graspic may reasonably deem improper or abusive, including, but not limited to, any attack of whatever kind or any outrageous or offensive behaviour against Graspic, its managers, employees, agents.

If you believe that any content posted constitutes infringement of any of your rights, please contact us by sending an e-mail to support@graspic.app.

Your account

You need to create a personal account to use our app as part of our Services. You are responsible for safeguarding your account and any activity that occurs under your personal account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

To open such personal account, you should complete an online registration process, where you insert your valid personal e-mail address and password, with all other requested information. The registered information must be true, accurate and complete. It is also your responsibility to keep that information updated.

You can control most communications of the Services. We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, and you may not be able to opt-out from receiving them.

License to use the Services

Graspic grants you a non-exclusive, non-transferable, revocable license to access and use our Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Graspic, in the manner permitted by this Agreement.

Copyrights and Trademarks

Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips, written and other materials that appear as part of our Services are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (hereinafter the Intellectual Property) owned, controlled or licensed by Graspic. Our Services as a whole is protected by copyright and trade dress.

Nothing on our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on our Services, without the prior written permission of the Intellectual Property owner. We do enforce our Intellectual Property rights to the fullest extent of the law. The names and logos of Graspic may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Services, without prior, written permission from us. Graspic prohibits use of any logo of Graspic as part of a link to or from any service unless Graspic approves such link in advance and in writing. Fair use of Graspic’s Intellectual Property requires proper acknowledgment. Other product and company names mentioned in our Services may be the Intellectual Property of their respective owners.

Links to Third-Party Services

Our Services may contain links to services owned or operated by parties other than us. Such links are provided for your reference only. Graspic does not monitor or control outside services and is not responsible for their content. Graspic’s inclusion of links to an outside service does not imply any endorsement of the material on our Services or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Graspic’s inclusion of the links imply that Graspic is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Services.

Disclaimer

Unless otherwise expressly stated, our Services, materials and any content or features made available in conjunction with or through our Services, is provided as-is and as-available without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, statutory, express or implied.

We do not warrant that our Services and any content or feature thereof, made available in conjunction through our Services, will be uninterrupted and error-free, that defects will be corrected promptly and free of harmful components.

Limitation of liability

To the maximum extent permitted by applicalbe law, Graspic shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use goodwill or other intangible losses, resulting from (a) your access to or use of or inability to access or use our Services; (b) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (c) any content obtainted from the Services or (d) unauthorized access, use or alteration of your transmissions or content.

Indemnification

You agree to defend, indemnify and hold Graspic harmless from and against any and all claims, damages, costs and expenses, including attorney´s fees, (a) arising from or related to your use of our Services; (b) your violation of the Agreement, and/or (c) the content you make available on the Services, provided that Graspic reserves the right to defend or to settle any of the claims above without your prior permission as well as to ask for your assistance during such defence or settlement.

Ending the Agreement

You may end the Agreement with Graspic at any time by deactivating your accounts and discontinuing your use of the Services.

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; or (v) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. If you believe your account was terminated in error, please contact us by sending an e-mail to support@graspic.app.

Changes To the Agreement

We may revise this Agreement from time to time at our sole discretion. The changes will not be retroactive, and the most current version of the Agreement, which will always be at available at our website graspic.app, will govern our relationship with you. Other than for changes addressing new functions or made for legal reasons, we will notify you 30 days in advance of making effective changes to this Agreement that impact the rights or obligations of any party to this Agreement, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Agreement.

In the event that any provision of these Agreement is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Agreement will remain in full force and effect. Failure of Graspic to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.