Terms of Service (ToS)
Effective Date: December 1, 2024
Welcome to JewelKitPro. These Terms of Service ("ToS") govern your use of the JewelKitPro platform and services ("Services"). By accessing or using our platform, you agree to comply with these terms. If you do not agree, you must discontinue use of the Services.
1. User Responsibilities
1.1 Accurate Information:
You agree to provide and maintain accurate, current, and complete information during account registration and throughout your use of the Services.
1.2 Lawful Use:
You agree to use the platform only for lawful purposes and in compliance with all applicable laws and regulations. Prohibited activities include, but are not limited to:
- Sharing access credentials with unauthorized parties.
- Using the platform in a way that infringes on any third party’s intellectual property rights.
- Engaging in activities that disrupt or damage the platform’s functionality.
1.3 Account Security:
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
2. Subscriptions
2.1 Subscription Renewal:
Subscriptions automatically renew at the end of each billing cycle unless canceled by the user through their account settings or by contacting JewelKitPro support.
2.2 Subscription Agreement:
By subscribing to JewelKitPro, you agree to the terms outlined in the Subscription Agreement, which governs the subscription services, fees, and payment terms.
2.3 Free Trials:
Any free trial offered is subject to the terms outlined in the Subscription Agreement. JewelKitPro reserves the right to modify or terminate free trials at its sole discretion.
2.4 Cancellation:
Users may cancel their subscriptions at any time. Upon cancellation, access to subscription services will terminate at the end of the current billing period.
3. Intellectual Property
3.1 Ownership of Content:
All content provided by JewelKitPro, including but not limited to digital components, software, designs, graphics, and logos, are the exclusive intellectual property of JewelKitPro.
3.2 License for Use:
JewelKitPro grants you a limited, non-exclusive, non-transferable license to use the Services for personal or commercial jewelry design purposes, subject to compliance with these Terms.
3.3 Prohibited Actions:
You may not copy, distribute, modify, reverse engineer, sublicense, or use the platform’s content in any manner not expressly authorized by JewelKitPro.
3.4 User-Generated Designs:
Any designs created using JewelKitPro’s platform are the sole property of the user, provided they comply with the terms of this ToS and other applicable agreements.
4. Limitations of Liability
4.1 Platform Availability:
JewelKitPro makes reasonable efforts to ensure the availability and functionality of the platform but does not guarantee uninterrupted or error-free operation.
4.2 Disclaimer of Warranties:
The Services are provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
4.3 Exclusion of Liability:
To the fullest extent permitted by law, JewelKitPro shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to:
- Loss of profits, data, or business opportunities.
- Any unauthorized access to or use of our platform or servers.
- Errors, omissions, or delays in the Services.
4.4 Aggregate Liability:
JewelKitPro’s total liability for all claims arising out of or related to the use of the platform shall not exceed the amount paid by the user for Services in the 12 months preceding the claim.
5. Dispute Resolution
5.1 Governing Law:
These ToS are governed by and construed in accordance with the laws of Belgium, without regard to its conflict of laws principles.
5.2 Amicable Resolution:
Users are encouraged to contact JewelKitPro support to resolve any disputes amicably before pursuing legal action.
5.3 Jurisdiction:
All disputes arising under or in connection with these ToS shall be submitted to the exclusive jurisdiction of the competent courts in Brussels, Belgium.
6. Modifications to the Terms
6.1 Right to Amend:
JewelKitPro reserves the right to modify these ToS at any time. Users will be notified of any material changes through the platform or via email. Continued use of the Services after such notification constitutes acceptance of the updated terms.
7. Termination of Services
7.1 Termination by User:
You may terminate your account at any time by contacting support or using the account settings feature.
7.2 Termination by JewelKitPro:
JewelKitPro reserves the right to terminate or suspend your account and access to the Services without prior notice if:
- You violate these Terms.
- Required by law or regulatory authority.
7.3 Effect of Termination:
Upon termination, your access to the platform and all associated content will cease immediately.
8. Miscellaneous
8.1 Entire Agreement:
These ToS, along with the Subscription Agreement, End-User License Agreement, and Privacy Policy, constitute the entire agreement between the user and JewelKitPro.
8.2 Severability:
If any provision of these ToS is found to be unenforceable, the remaining provisions shall remain in full force and effect.
8.3 Assignment:
You may not assign or transfer your rights or obligations under these ToS without prior written consent from JewelKitPro.
By accessing and using the JewelKitPro solutions, you acknowledge that you have read, understood, and agree to these Terms of Service.