The Terms of Service (“Terms”) describe how Refrakt Ltd (“Company”, “we”, and “our”) regulates your use of this website: www.refrakt.app, and applications (the “Platform”).
Please read the following information carefully to understand our practices regarding your use of the Platform. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you check the Platform frequently to see the actual version of the Terms and their previous versions.
You represent and warrant that you are of legal age to form a binding contract (or if not, that you've received your parent's or guardian's permission to use the Platform and that your parent or guardian agrees to these Terms on your behalf).
If you represent a legal entity, you certify that you are entitled by the legal entity to conclude the Terms as the legal entity you represent.
If you have any questions about the Terms, please use the following contact information:
Company name: Refrakt Ltd. (Registered in England & Wales. Company No. 14758721)
Registered Office: 86-90 Paul Street, London, EC2A 4NE, United Kingdom
Posting content on the Platform
First and foremost, you own what you create. Any original content you post, upload, share, store, or otherwise provide to the Company remains yours and is protected by copyright and any other applicable intellectual property laws.
That includes text or photos you upload to your profile or communities on the Platform, and any information that you provide to obtain a Platform username and account. It also includes any comments posted on any current or future discussion board features on the Platform.
Anything posted, uploaded, shared, stored, or otherwise provided through the Platform is referred to as a “Post” in these Terms. There are a few rules that apply to all Posts:
Don't Infringe: Your Posts should not violate someone else's (including the Company's) rights. Don't copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any content not owned by you unless you have prior consent from the owner of that content.
Limited License to Us: In order to display your Posts on the Platform, and to allow other users to enjoy them, you grant us certain rights in your Posts:
Operating the Platform: You hereby grant the Platform a license to translate, modify, reproduce, and otherwise act with respect to your Posts to enable us to provide, improve, and notify you about new features within the Platform. You understand and agree that we may need to make changes to your Posts to conform and adapt those Posts to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so. For example, we may need to modify your images to make sure they are viewable on an iPhone as well as a computer.
Public Posts: If you share a Post with other users on the Platform, then you grant us the license above, as well as a license to display, perform, and distribute your Post. Also, you grant all other users of the Platform a license to access the Post, and to use and exercise all rights in it, as permitted by the functionality of the Platform.
Term of License: You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only – your ownership in Posts is not affected.
Intellectual Property and Reporting Infringement
We respect others' intellectual property rights, and we reserve the right to delete or disable content alleged to be infringing, and to terminate the accounts of repeat alleged infringers. You promise to abide by copyright notices, trademark rules, information, and other restrictions you may receive from us or that are posted on the Platform.
If you are a copyright holder, or its agent, and you believe that any of the copyrighted material which is directly available via the Platform or Service infringes your copyrighted work, please let us know. A notice of alleged copyright infringement may be sent to the Contact Information listed above.
A notification of alleged copyright infringement shall include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:
A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
Specific identification of each copyrighted work claimed to have been infringed;
A description of where the material believed to be infringing is located on the Platform or the Service (please be as detailed as possible and provide a URL to help us locate the material you are reporting);
Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.
You understand that we own the Company. These Terms don't grant you any right, title or interest in the Company, the Platform, or our trademarks, logos, and other intellectual property.
Acceptable Use Policy
You are responsible for all your activity in connection with the Platform. Make sure that you use the Platform in a manner that complies with the law. If your use of the Platform is prohibited by applicable laws, then you aren't authorized to use the Platform. We can't and won't be responsible for you using the Platform in a way that breaks the law.
When using the Service or Platform you shall not:
use the Platform or Service for any illegal, immoral, socially unacceptable, or inappropriate purposes;
abuse the Service or use the Service in violation of their instructions, recommendations, or community rules;
provide inaccurate, false, or misleading information or personal data;
engage in any activity that harms, exploits, or threatens to harm us, any user, or the Platform;
send unwanted or unsolicited messages or other spam;
engage in activity that is fraudulent, misleading, or defamatory;
perform or assist in any activity that is harmful to you, the Platform, Service, or others;
reverse engineer the Platform, perform data (web) scraping of the Platform, or hack the Platform;
use the Platform in a way that may disable, damage, or interfere with the Platform;
infringe anyone's rights, including privacy, copyright, and other intellectual property;
perform or assist in any activity that violates data protection or privacy rights of anyone; and
assist anyone in breaking any of the rules of the Terms.
The Platform is not allowed for, and payments are not accepted from citizens and residents of Russia and Belarus according to international sanctions and laws.
The Platform provides content creation services available on the Platform (hereinafter the “Service”). We can make available some features, and additional services available via paid subscriptions via the Platform. More detailed information about such features, services, and content is available on the Platform.
If you publish content on the Platform, you are a Publisher. If you subscribe to Publisher content, you are a Subscriber. A Publisher may offer some or all of their content for free or for a subscription fee, to be determined at the Publisher's discretion. Subscribers may choose to subscribe to Publisher content on the Platform and agree to incur any applicable subscription fees.
Publishers will set prices for their content, and may change the prices at their sole discretion through their Publisher account, though no price changes shall apply retroactively.
The payments can be made via payment systems available on the Platform.
The first 14 (fourteen) days of both Platform subscriptions and Publisher subscriptions, (hereinafter - the “Trial period”) are free of charge, cancellable, and withdrawable. After 14 days, you may automatically subscribe monthly or yearly for a fee. Monthly or yearly subscriptions are non-refundable, and there are no refunds or credits for partially used periods. Upon cancellation, the service will continue to be provisioned until the subscription period concludes.
For subscribers residing in the EU or European Economic Area - in accordance with local law, you have a right to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the Trial period subscription starts and ends on the last day of the Trial period.
Other Users and Third Parties
Posts: Posts posted to the Platform are the sole responsibility of the person from whom such content originated. You access all such content at your own risk. We aren't liable for any errors or omissions in any Post and you hereby release us from any damages or loss you might suffer in connection with a Post.
Other Users on the Platform: Your interactions with individuals found on or through the Platform, including payment for Publisher content, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals. You agree that the Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We can't guarantee the identity of any users with access to the Platform and are not responsible for which users gain access to our products and services.
Third Parties: The Platform may include links to other sites, applications, and platforms (hereinafter the “Linked Websites”). The Company does not control the Linked Websites, and shall not be responsible for the content, materials, services, and functionality of the Linked Websites. The Company makes these links available to you for providing the functionality or Service on the Platform. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.
In the event that you have a dispute with one or more other users of the Platform or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Company.
Disclaimer of Certain Liabilities
The information available via the Platform may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors. The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the content available on the Platform. To the maximum extent allowed by the applicable law, all such content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this content and Service, including warranties and provisions of merchantability, fitness for a certain purpose. To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the Platform in the context of the inability or delay to enjoy the Platform or its Service, or for any content of the Platform, or otherwise arising out of the enjoyment of the Platform, based on contract and non-contract liability or other reason.
Termination and Access Restriction
The Company may terminate your access and account to the Platform and its Service or any part at any time, without notice, in case of the violation of the Terms, especially in case of prohibited uses.
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, excluding the conflict of laws rules. You shall not use the Platform in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the Platform.
Nothing in the Terms shall be a derogation of the Company's right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the Platform.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the Platform and the Terms supersede all prior communications and offers, whether electronic, oral, or written, between you and the Company. The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond the Company's reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company's control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the Platform or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good-faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
We are committed to resolving any complaints about the Terms. If you would like to make a complaint regarding the Terms or our practices in relation to your personal data, please contact us via available means of communication. We will reply to your complaint as soon as we can and in any event, within 30 days.