Terms of Service

1. Agreement to These Terms

These Terms of Service ("Terms") form a binding agreement between you and the operator of Presetly ("Presetly," "we," "us," or "our") and govern your access to and use of the Presetly mobile application, its content, and any related services (collectively, the "Service"). By downloading, installing, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service.

2. Eligibility

The Service is intended for use by individuals who are legally capable of entering into a binding agreement. You must be at least the age of majority in your jurisdiction to use the Service. If you are below the age of majority, you may use the Service only with the involvement and consent of a parent or legal guardian. The Service is not directed to, and is not intended for use by, children. By using the Service, you represent and warrant that you meet these eligibility requirements.

3. Description of the Service

Presetly provides a catalog of photographic presets and related content that you can browse and access within the app, and that may be used together with compatible third-party photo-editing applications. We may add, modify, suspend, or discontinue features, content, or the Service in whole or in part at any time, subject to applicable law. We do not guarantee that any particular preset, feature, or content will remain available.

4. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the Service for your own personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent such restrictions are expressly prohibited by applicable law.

5. Acceptable Use

You agree to use the Service only in a lawful and respectful manner. Without limiting the foregoing, you agree not to:

• use the Service in violation of any applicable law, regulation, or third-party right;
• infringe or misappropriate the intellectual property or other rights of any person or entity;
• copy, resell, redistribute, sublicense, or publicly share presets, content, or other materials made available through the Service;
• interfere with or disrupt the security, integrity, or operation of the Service or any related systems;
• access the Service by automated or unauthorized means, or attempt to circumvent any usage limits or paid features;
• upload, transmit, or introduce any malicious code, virus, or harmful technology;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• use the Service to create or distribute content that is unlawful, harmful, abusive, or otherwise objectionable.

We may suspend or terminate your access to the Service if we reasonably believe you have violated these Terms or applicable law.

6. Presets, Content, and Intellectual Property

The Service, including all presets, images, text, graphics, logos, and software made available through it, is owned by Presetly or its licensors and is protected by intellectual property and other laws. Presets and content are licensed to you, not sold. You may use the presets for your own personal photo-editing activities. You may not resell, redistribute, sublicense, or claim ownership of any preset or content, and you may not represent that any preset or content is your own original creation.

Some content offered through the Service may be sourced from third-party providers and remains subject to the applicable license terms published by those providers. Where such terms apply, they govern your use of that content in addition to these Terms.

7. Third-Party Services and Integrations

The Service may interoperate with or rely on third-party applications, platforms, and service providers, such as app stores, payment processors, advertising and consent providers, and compatible photo-editing applications. Your use of any third-party service is governed by that third party's own terms and privacy policies. We are not responsible for, and do not control, the content, availability, or practices of third-party services. Any reference to a third-party product indicates compatibility or purpose only and does not imply any endorsement or affiliation.

8. Subscriptions, Purchases, and Billing

Presetly may offer paid features, subscriptions, or other purchases. All purchases are processed by the applicable platform provider, such as Google Play, and are subject to that provider's terms, payment methods, and policies. You are responsible for all charges incurred through your account.

Subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period. You can manage or cancel your subscription at any time through your platform account settings. Deleting the app does not cancel a subscription. If a free trial is offered, it may convert to a paid subscription at the end of the trial period unless you cancel before the trial ends. Prices may change, and we will provide notice where required by applicable law.

All requests for refunds are handled in accordance with the refund policy of the applicable platform provider. Except as expressly required by applicable law or the platform provider's policy, all payments are non-refundable. If you believe you were charged in error, you may also contact us using the details below.

9. Advertising

The Service may display advertising. By using the Service, you acknowledge and agree that advertising may be shown as part of the experience. Advertising and consent-related processing may be carried out by third-party providers in accordance with their own terms and privacy policies. Eligibility for an ad-free experience may depend on your subscription status and the platform or region in which you use the Service.

10. User Content and Communications

If you submit information or content to us, such as through a support or contact feature, you represent that you have the necessary rights to do so and that the information is accurate. You grant us a limited right to use that information for the purpose of responding to you and operating the Service. We may review, remove, or decline to act on content or communications that we reasonably believe violate these Terms, applicable law, or the rights of others.

11. Privacy

Your use of the Service is also governed by our Privacy Policy, which explains how information is handled in connection with the Service. We encourage you to review the Privacy Policy.

12. Disclaimers

The Service is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we disclaim all warranties and conditions, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any preset or content will produce a particular result. Results may vary depending on your device, software version, source images, and individual adjustments. We do not warrant that the Service will be compatible with every device or with any particular third-party application.

Nothing in these Terms is intended to limit or exclude any rights you may have under mandatory consumer protection laws in your jurisdiction that cannot be waived.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Presetly and its owners, operators, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the Service, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability for all claims arising out of or relating to the Service or these Terms will not exceed the greater of the amount you paid to us for the Service during the twelve (12) months preceding the event giving rise to the claim, or a nominal amount. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

14. Indemnification

You agree to indemnify, defend, and hold harmless Presetly and its owners, operators, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your use of the Service, your violation of these Terms, or your infringement of any right of another person or entity.

15. Termination

We may suspend or terminate your access to the Service at any time if you violate these Terms or applicable law, or if we are required to do so by law or by a platform provider. You may stop using the Service at any time. Upon termination, the rights and licenses granted to you under these Terms will end. Any provisions that by their nature should survive termination, including those relating to intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will survive.

16. Third-Party Trademarks

Adobe and Lightroom are trademarks or registered trademarks of Adobe in the United States and/or other countries. Presetly is an independent application and is not affiliated with, endorsed, sponsored, or authorized by Adobe. Any reference to Adobe Lightroom is made solely to indicate that content from Presetly may be opened in or used with Adobe Lightroom, and does not imply any partnership, endorsement, or other association with Adobe. All other third-party names, logos, and trademarks are the property of their respective owners.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will publish the revised Terms at this location and update the effective date above. Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the revisions. We encourage you to review these Terms periodically.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the jurisdiction in which the operator of the Service is established, without regard to its conflict-of-law rules, and without limiting any mandatory consumer protection rights you may have under the laws of your own jurisdiction. Before initiating any formal legal proceeding, you agree to contact us first so that we may attempt to resolve the matter informally.

19. General Provisions

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision. These Terms, together with the Privacy Policy and Security Policy, constitute the entire agreement between you and us regarding the Service and supersede any prior understandings. You may not assign or transfer these Terms, in whole or in part, without our prior written consent, and any purported assignment in violation of this section is void.

20. Contact

If you have questions about these Terms, contact us at support.presetlyapp@gmail.com.