Terms of Use

Effective Date: 10/01/23

Table of Contents

Use of our Services

Your Creator Content

Content Moderation and Enforcement

Your Rights with Respect to our Services

Proprietary Rights

Paid Services

Third-Party Links

Indemnity

No Warranty

Limitation of Liability

Term and Termination

Informal Claim Resolution

Arbitration Agreement

Acknowledgment of Image Recognition Technology

General

Welcome to Tint Visuals LLC!

These Terms of Use (“Terms” or “Agreement”) apply to your use of Tint Visuals LLC's photography editing app and related services (our “Services”). These Terms apply to anyone who accesses our Services, whether as registered users or guests (each a “User” or “you”), and is an agreement between you and Tint Visuals LLC (“Tint Visuals”).

We've made every effort to keep these Terms clear and easy to understand. Since these Terms constitute a legally binding agreement between you and Tint Visuals, certain legal language is necessary in specific sections. Please review these Terms carefully.

By utilizing the services offered by Tint Visuals LLC, you hereby express your agreement with the following terms:

Adherence to Community Guidelines: You commit to strictly adhering to our Community Guidelines whenever you engage with our Tint Visuals App.

Exclusive Enforcement Authority: It is understood that we hold the exclusive authority to investigate and ascertain whether individuals have violated our Community Guidelines. We also retain the discretion to determine the extent to which these guidelines are enforced, including our ability to terminate users' Tint Visuals App accounts and remove their created content (as defined below).

Consent for Personal Data Use: You consent to the collection and utilization of your personal data in accordance with the stipulations set forth in our Privacy Policy.

Respect for Intellectual Property: We place a high value on the intellectual property rights of others and are fully committed to complying with the provisions of the Digital Millennium Copyright Act of 1998 ("DMCA"). Should you believe that your copyrighted work has been infringed upon, you may inform us and request the removal of your copyrighted content through the form provided in our DMCA Policy (which is integrated into these Terms).

Subscription Notification: In the event that you acquire a subscription, it will remain active for the duration you selected during the purchase. Subscriptions will automatically renew for equivalent time periods at the prevailing rates, unless you opt not to renew. Please note that termination of your Tint Visuals App account will not automatically cancel your subscription. You have the option to cancel your subscription or opt out of any renewal by following the instructions detailed here and in our Help Center.

Arbitration Procedure: These Terms delineate the process for resolving disputes between you and Tint Visuals App. In most cases, disputes must initially undergo an informal claims resolution procedure, as outlined in Section 13 below. If disputes persist without resolution through this informal process, they must be submitted for binding and conclusive arbitration. You may only pursue claims and seek remedies against us on an individual basis, and not as a representative plaintiff or member of a class action. Furthermore, you relinquish your right to pursue claims through court proceedings and to a trial by jury, except in specific situations. Additional information on opting out of the Arbitration Agreement is provided below.

1. Use of our Services

At Tint Visuals, we empower creative minds and enable the realization of artistic aspirations. We believe that creativity is innate in all of us, and at our core, we are all creators. Welcome to the Tint Visuals community!

These Terms govern your access to and use of our Services, including our photography editing app. By accessing or using our Services, you agree to comply with our Community Guidelines at all times.

2. Your Creator Content

You retain ownership of the content you create and upload through our Services (referred to as "Creator Content"). We respect your intellectual property rights and comply fully with copyright laws, including the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe your copyrighted work has been infringed, please refer to our DMCA Policy (incorporated into these Terms) for information on how to notify us and request removal.

3. Content Moderation and Enforcement

We have the sole discretion to investigate and determine whether someone has violated our Community Guidelines and to what extent we enforce them, including account terminations and removal of Creator Content.

4. Your Rights with Respect to our Services

When using our Services, you acknowledge our right to collect and use personal data as described in our Privacy Policy.

5. Proprietary Rights

We respect and protect our intellectual property rights, and we expect you to do the same. You may not use our trademarks, logos, or any proprietary information without our prior written consent.

6. Paid Services

If you choose to purchase a subscription ("Subscription"), please be aware that your Subscription will automatically renew at our then-current fees, unless you decide not to renew. You can manage your Subscription settings as outlined in our Help Center.

7. Third-Party Links

Our Services may include links to third-party websites or services. We are not responsible for the content or practices of these third-party sites or services, and your use of them is at your own risk.

8. Indemnity

You agree to indemnify and hold Tint Visuals harmless from any claims, damages, losses, or expenses arising out of your use of our Services or any violation of these Terms.

9. No Warranty

Our Services are provided "as is" and "as available" without any warranties, express or implied. We do not warrant that our Services will be error-free or uninterrupted.

10. Limitation of Liability

To the extent permitted by law, Tint Visuals shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.

11. Term and Termination

These Terms will remain in effect until terminated by either party. You may terminate your account at any time, and we reserve the right to terminate your account if you violate these Terms.

12. Informal Claim Resolution

We encourage you to attempt to resolve any disputes or claims informally with us. Please refer to Section 13 below for more information on dispute resolution.

13. Arbitration Agreement

Please carefully review this arbitration agreement ("Arbitration Agreement") provided by Tint Visuals

LLC, a company based in the state of New York. This section outlines the agreement between you and Tint Visuals LLC to resolve all disputes through binding arbitration, including a waiver of class actions and jury trials. This agreement supersedes any previous versions.

Arbitration Notification and Agreement: This Arbitration Agreement obliges you to resolve disputes with Tint Visuals LLC through arbitration, restricting your ability to pursue claims or seek remedies against us in court. You are also relinquishing your right to seek relief through a court trial. This Arbitration Agreement remains in effect even if your Account is deleted, or if we suspend or terminate it.

Scope of Arbitration Agreement: You agree that any dispute, claim, or request for relief related to your use of our Services, products sold through our Services, or your relationship with us will be resolved through binding arbitration, except for claims involving infringement of intellectual property rights (such as trademarks, trade secrets, copyrights, and patents), any unlawful or intentional acts affecting the accessibility, functionality, or security of our Services, or any unlawful or intentional acts against your interests or Tint Visuals LLC's business interests. This Arbitration Agreement covers all disputes or claims, regardless of whether they originated before the effective date of this Agreement or any prior versions. Your acceptance of this Arbitration Agreement is a condition of your use or continued use of our Services whenever it is updated.

Arbitration Rules and Venue: The Federal Arbitration Act (9 U.S.C. § 1 et seq.) ("FAA"), along with its procedural provisions, governs the interpretation and enforcement of this Arbitration Agreement. To initiate an arbitration proceeding after attempting informal dispute resolution, you must send a Demand for Arbitration, including a copy of these Terms and a description of your dispute, to New Era ADR at app.neweraadr.com, with copies to (1) Tint Visuals LLC at info@tintvisuals.com.

The following rules and procedures apply to arbitration proceedings under these Terms:

- New Era ADR will administer arbitrations following their Virtual Expedited Arbitration Rules and Procedures, as well as any relevant General Rules and Procedures, with modifications as specified in these Terms. Both sets of rules are accessible at www.neweraadr.com/rules-and-procedures.

- Arbitration will be conducted by experienced arbitrators specializing in commercial dispute resolution, chosen according to New Era ADR's standard rank and strike process as outlined in their General Rules and Procedures.

- In cases seeking equitable relief (including injunctive relief), the arbitrator will first rule on liability before addressing any other proceedings, including discovery.

- Unless the law requires otherwise, the arbitration proceeding and related records, including documents generated during arbitration, the hearing, and the arbitration award, will remain confidential and not disclosed to third parties, except when necessary for court confirmation of an arbitration award.

- The arbitrator's award may be entered in any court with jurisdiction.

Arbitration Fees: If Tint Visuals LLC initiates arbitration against you, we will cover all arbitration costs, including the entire filing fee. If you initiate arbitration against Tint Visuals LLC, you are responsible for the nonrefundable initial filing fee. However, if the initial filing fee exceeds what you would pay to file a complaint in the United States District Court for District of New Tork (or, if that court lacks jurisdiction, the New Tork Superior Court, County of New Tork), Tint Visuals LLC will cover the difference between the initial filing fee and the court filing fee. Tint Visuals LLC will also cover both parties' administrative fees. New Era ADR sets forth its service fees, available at https://www.neweraadr.com/rules-and-procedures/.

Arbitrator's Authority: The arbitrator(s) assigned by New Era ADR to your dispute will have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve disputes regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. The arbitration proceeding will determine the rights and liabilities of both you and Tint Visuals LLC. The arbitration will not be consolidated with other matters or parties. The arbitrator can grant motions to resolve claims, award monetary damages, and provide non-monetary remedies available under applicable law, the arbitral forum's rules, and this Agreement, including injunctive relief. The arbitrator will issue a written award and decision outlining the findings and conclusions underlying the award, including damages calculations. The arbitrator's award is final and binding on both you and Tint Visuals LLC.

Waiver of Jury Trial: Both you and Tint Visuals LLC waive constitutional and statutory rights to pursue court trials before judges or juries, with exceptions specified in this Arbitration Agreement. If a dispute proceeds in court rather than arbitration, both parties waive the right to a jury trial. An arbitrator can award the same damages and relief as a court and must adhere to our Arbitration Agreement as a court would.

Waiver of Class or Non-Individualized Relief: All disputes, claims, and requests for relief within the scope of this Arbitration Agreement must be resolved individually through arbitration, not as part of a class or collective action. Only individual relief is available. Claims of multiple parties cannot be arbitrated or consolidated with those of others. If the arbitrator determines that these provisions are not applicable to a specific dispute, claim, or request for relief, only those specific issues will be excluded and brought before the state or federal courts of the State of New York.

30-Day Opt-Out Right: You have the option to opt out of the provisions in this Arbitration Agreement by sending written notice of your decision to opt out to info@tintvisuals.com within 30 days after creating your Account or continuing to use it after receiving notice of this Arbitration Agreement. Maintaining your Account requires you to read and accept these Terms and this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect any other agreements you have with us, including the rest of these Terms or any future agreements.

14. Acknowledgment of Image Recognition Technology

By using our Services, you acknowledge and consent to the use of image recognition technology for various purposes, including content moderation and enhancement.

15. General

This section contains essential legal information that you should review, including your

agreement to receive electronic communications from Tint Visuals LLC.

Assignment: You are not permitted to transfer or assign this Agreement, including any rights or licenses granted to you under these Terms. However, we have the authority to assign or transfer this Agreement without any restrictions.

Changes to the Agreement: These terms are subject to modification at any time. In the case of material changes to these Terms, we will provide a fresh copy of the updated terms on our Services. Such changes will be immediately effective for new Creators and for existing.

Creators, effective either (1) thirty (30) days after posting notice of these changes on our Services, (2) thirty (30) days after sending an email notice or providing notice through an in-app modal regarding these changes to you, or (3) upon your consent to the updated Terms, if applicable.

Your continued usage of our Services indicates your acceptance of any changes. If you disagree with any changes after receiving notice, please refrain from using our Services or close your Account. We recommend regularly checking our Services to stay updated on the current terms.

Electronic Communications: By using our Services, you consent to receiving communications from us or our affiliated companies, including via electronic means. These communications may include texts, calls, or other messages generated by automatic telephone dialing systems. Standard text messaging charges from your cell phone carrier may apply to text messages we send. You agree to receive communications from Tint Visuals LLC in electronic form, and you acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications, including messages delivered through in-app modals, provided to you electronically satisfy any legal requirement for written communication. This does not affect your statutory rights. If you wish to opt out of promotional emails, you can unsubscribe from our promotional email list by following the Unsubscribe options in the promotional email.

Limitation Period: Both you and Tint Visuals LLC agree that any cause of action related to these Terms, our Services, or the content must commence within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.

Governing Law and Venue: These Terms and any related actions will be governed and interpreted by the laws of the State of New York, in accordance with the FAA, excluding conflict of laws principles. To the extent that you and Tint Visuals LLC are allowed to initiate litigation in a court, you both agree that all claims and disputes will be exclusively litigated in the state or federal courts located in New York County, New York.

Notice: If we require you to provide an email address, you must furnish us with your most current email address. If the last email address you provided to us is invalid or does not deliver our notices, our notice is effective upon dispatch. You can provide us with notice at the following address: info@tintvisuals.com Attn: Legal. Notice is considered effective upon our receipt through a nationally recognized overnight delivery service or first-class postage prepaid mail at the above address.

International Creators: Our Services are controlled and operated from the United States (U.S.) and are directed towards individuals, companies, and other entities in the U.S., unless specified otherwise. We make no guarantees that our Services are suitable or available for use in other locations. Those who use our Services from other locations do so voluntarily and are responsible for complying with all applicable U.S. and local laws and regulations. Do not use our Services if you are located or reside in a country or territory subject to an embargo by the U.S. government (including Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, and Luhansk Regions) ("Embargoed Countries") or have been designated by the U.S. government as a "terrorist supporting" region, or if you are an individual or entity designated as a blocked or prohibited party by the U.S. government, including (a) designation on the Specially Designated National and Blocked Persons (“SDN”) List, (b) Foreign Sanctions Evaders List by the Office of Foreign Assets Control of the U.S. Treasury Department (“OFAC”), (c) the Entity List, (d) Denied Persons List, or (e) Unverified List by the Bureau of Industry and Security of the U.S. Commerce Department (“BIS”) (collectively, “Prohibited Party Lists”).

Export Control: Our Services are subject to U.S. export control and trade sanctions laws and regulations, which you must adhere to. Do not use, export, import, or transfer our Services (including any technology), except as authorized or approved by U.S. law and any other applicable laws. In particular, our Services may not be exported or re-exported: (a) to any Embargoed Countries; or (b) to any individual or entity on any Prohibited Party Lists. By using our Services, you represent and warrant that you are not located in an Embargoed Country and are not on any Prohibited Party Lists.

Entire Agreement; Severability: These Terms, along with any amendments and additional agreements you may enter into with us regarding our Services, constitute the entire agreement between you and Tint Visuals LLC concerning our Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the remaining valid provisions will remain in full force and effect.

No Waiver: No waiver of any term of this Agreement or failure to assert a right or provision will constitute a future or ongoing waiver of such term (or any other term) or such right or provision.

App Stores: If you download and access our Services through the Apple App Store (an "App Store Sourced Software"), you must use the App Store Sourced Software only on an Apple-branded product running iOS (Apple’s proprietary operating system), and as permitted by the "Usage Rules" in the Apple Media Services Terms of Service. If you download and access our Services from the Google Play store (a "Google Play Sourced Application"), you may have additional license rights within your designated family group. The availability of our Services depends on the App Marketplace from which you received a software license, such as the Apple App Store or Google Play. You acknowledge that the applicable App Marketplace is not responsible for providing maintenance and support services for our Services or addressing claims by you or any third party related to our Services or your possession or use of our Services.

You agree to comply with all terms required by the applicable App Marketplace when using any of our Services, including our mobile app. You acknowledge that the applicable App Marketplace (and its subsidiaries) are third-party beneficiaries of this Agreement.