Last Revised October 22nd 2022
INFORMATION WE COLLECT
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“Personal Information”). This includes Personal Information collected from the use of our Service or other means, such as documents or other materials or information that you may provide to us. As to the Service, it collects information (i) that users knowingly and voluntarily provide (such as through forms or profile screens) including account registration information, and (ii) that we are able to collect from users’ web browsers, cookies and other similar technologies.
We may aggregate and/or anonymize all information that we collect from you, including Personal Information, for the purpose of market research on brands and products, marketing campaigns, and advertising.
Information that you Knowingly and Willingly Provide
We collect information that you knowingly and voluntarily provide when you use our Service (such as through web forms or profile screens), including registration/account setup information, profile details, and payment information. We primarily use this information to fulfill your transaction requests. You can choose not to provide us with certain Personal Information, but then you may not be able to take advantage of the Service or other available features we offer. The information that we collect and use includes the following kinds of Personal Information:
- First and Last Name.
- Email Address.
Information From and/or About Others
We may also collect and store Personal Information about other people that you provide to us, as well as information about you provided by others. If you or other users use our Service to upload, share and/or distribute content (including comments, videos, images, or other submissions), and such content contains Personal Information about you or others, such information may be stored in order to allow for such uploading, sharing and/or distribution. As a requirement to use our Service, you acknowledge that you have the appropriate consent(s) from any individual (or the parent of any child under the age of 13) to share their Personal Information with us.
We collect standard information about Service users such as IP addresses, browser type, operating system, what you searched for, the dates and times of visits, and other Service usage behavior (“Service Visitation Data”). Service Visitation Data is used to administer the Service and provide general statistics regarding the use of the Service. We may also use Service Visitation Data to display advertising or send targeted email marketing that you may find interesting and to suppress advertising that might not interest you.
When you visit our Service we may store information about your session and assign you one or more cookies. The Service will store these cookies on your personal device or computer in a small text file, and if you return to the Service the cookie may be read. Cookies are not linked to your Personal Information.
We may also use web beacons, clear gif technology, or other similar devices as mechanisms to collect aggregate Service Visitation Data by tracking how users navigate to and through our Service. We may also use this technology to track the delivery of HTML email. Data collected through this mechanism is not linked to Personal Information.
We may work with advertising partners to place advertising on our Service. Such third party advertising partners often use a cookie or third party web beacon to track when a click becomes a sale, connection to the advertiser’s services or expression of interest. No Personal Information is ever sent to these advertising partners.
HOW GRAFI USES YOUR INFORMATION
We may use online Personal Information we collect about you on its own or combine it with other information we have about you to:
- Perform internal operations, such as tracking and improving the effectiveness of our Service and marketing efforts.
- Provide product and/or Service fulfillment, such as creating accounts, managing purchases, payments, and more.
- Personalize user experiences, such as remembering your settings and preferences for things like language, font size, etc.
- Provide user support.
- Advertise and market our products and services.
- Create user accounts and/or profiles through registration if and when we may require it.
- Provide information to our representatives and/or advisors, such as our attorneys, accountants, and others to help us comply with legal, accounting, or security requirements.
- Protect the rights, safety, and information of Service users and third parties, as well as our own. This includes fraud prevention, business or product recalls, prosecuting and defending a court arbitration or similar proceeding, and more.
- Comply with legal requirements, such as in response to a subpoena or similar investigative demand.
HOW WE SHARE INFORMATION WE COLLECT
Grafi may disclose your Personal Information in the following instances:
Agents. We employ other companies and individuals to perform functions on our behalf. Examples of such functions include fulfilling orders, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing technical support, providing marketing assistance, processing credit card payments, and providing customer service. We share our users’ Personal Information with these agents as we deem necessary for such third parties to perform their functions.
Employees. Only authorized employees have access to your Personal Information.
As Part of a Merger or Sale of Business. We may disclose your Personal Information in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
CHILDREN AND PRIVACY
Our Service is not directed to persons under the age of 18. If you are not 18 years or older, do not use our Service. We do not knowingly collect Personal Information from persons under the age of 13.
THIRD PARTY SERVICES AND SERVICES
Our Service may contain links to third party Services, applications and services not operated by us. These links are provided as a service and do not imply any endorsement by Grafi of the activities or content of these Services, applications or services nor any association with their operators. Additionally, our Service may include social media features, such as the Facebook “Like” button, and widgets, such as the “Share This” button or interactive mini-programs that run on our Service. We are not responsible for the privacy policies or practices of any third party including Services or services directly linked to our Service. We encourage you to review the privacy policies of any third party Service that you visit.
SECURITY, STORAGE & RETENTION
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the internet, or method of electronic storage is one hundred percent secure and we cannot guarantee its absolute security. Please contact us if you have any questions about security on our Service.
The Personal Information that you provide to us is generally stored on servers located in the United States. If you are located in another jurisdiction, you explicitly ACKNOWLEDGE AND CONSENT that once your Personal Information is submitted through our Service, it will be transferred to our servers in the United States and that the United States currently does not have uniform data protection laws in place.
We will retain your information for as long as your account is active or as needed to provide you with our services. If you wish to cancel your account or request that we no longer use your information to provide you service, contact us at hey@grafi,ai. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
INFORMATION CORRECTION, REMOVAL, AND OPTING-OUT
Correction & Removal
If any of the information that we have about you is incorrect, or you wish to have information (including Personal Information) removed from our records, please contact us at hey@grafi,ai We will respond to such inquiries as soon as possible.
Additionally, if you prefer not to receive marketing messages from us, please let us know by clicking on the unsubscribe link within any marketing message that you receive, or by sending a message to us at hey@grafi,ai
Some communications (for example, important account notifications and billing information) are considered transactional and are necessary for all of our users. You must cancel your Grafi account to unsubscribe from these communications. To cancel your account, please email us at hey@grafi,ai.
IN SOME CASES, WHERE GRAFI MAY PRESENT CONTENT OR INFORMATION REGARDING A THIRD PARTY, PARTNER OR ASSOCIATED BODY, ADDITIONAL DISCLOSURES AND DISCLAIMERS MAY BE PRESENT. PLEASE READ THEM CAREFULLY AND ENSURE THAT YOU FULLY UNDERSTAND THEM BEFORE TAKING ACTION VIA THE SERVICE.
You may only access or use the Service (including registering for the Service) if (1) you are 18 years of age or older. If you are under the age of 18, you are not authorized to use the Service and must cease all use of the Service. The Service is for your personal, non-commercial use. You may not use the Service if we have terminated your account or banned you.
- Use any portion of the Service.
- Publish, contribute, access or view any Content (defined below) on or through the Service.
Registration Information and Passwords for the Service:
- Email Address. You must ensure that the email address you provide is accessible from the time that you provide the email address and that the email account is not unable to receive emails due to forwarding of emails, closure of the email account, or a full inbox.
- Deletion of Account. You may erase or delete your own user account at any time for any reason. To delete your account, you must log in to the Service and follow the appropriate directions to delete or ask Grafi to delete your account. After you have deleted your account, Grafi shall have the right to delete any and all content and other data generated by you. By deleting your account, you also lose access to any content or features of the Service that you may have already purchased. In the event that you purchased a subscription from Grafi for use of the Service, Grafi shall not refund - even on a pro rata basis – any amounts paid for subscriptions still running at the time of deletion or for other additional services for which you may have prepaid. Deletion of your user account constitutes termination of this Agreement, including without limitation any ongoing subscription.
- User Account after Termination or Expiration of Subscription. Your user account may be terminated or remain in place after any subscription for the Service or Service has terminated or expired. You must expressly ask Grafi to delete your user account in order to ensure that the account is deleted after termination of this Agreement.
Content and Intellectual Property Ownership: The information published on or through the Service (including without limitation Generated Content and Customer Materials (each defined below)), may include data, text, software, scripts, images, graphics, photographs, video recordings, audio recordings (including without limitation sounds or music), audiovisual combinations, and other interactive or similar materials (the “Content”), that has been provided by users such as yourself, Grafi, our third party licensors or suppliers (such third party licensors or suppliers hereinafter “Third Party Licensors”), or other private or public organizations and entities that have been granted rights to access and publish Content on the Service (“Third Party Vendors”). The Content provided by Grafi, Third Party Licensors or Third Party Vendors contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by such parties, as the case may be, and all such proprietary material is protected by law, including, without limitation, U.S. as well as foreign trademark and copyright laws and international treaty provisions.
The “look and feel” of the Service (including color combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by the Third Party Licensors or Third Party Vendors) are also Grafi’s trademarks and/or copyrights, as the case may be.
ALL BRANDS, TRADEMARKS, LOGOS, TRADE NAMES, TRADE DRESS, COPYRIGHTS OR COPYRIGHTABLE CONTENT OF ANY THIRD PARTY DISPLAYED, DISTRIBUTED, ACCESSED OR OTHERWISE COMMUNICATED THROUGH THE SERVICE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. GRAFI AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY ENDORSEMENT, AFFILIATION OR SPONSORSHIP, OR OTHER ASSOCIATION BY OR WITH SUCH THIRD-PARTY BRAND OWNERS.
Any unauthorized use of Content accessed through the Service may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Service is strictly forbidden. In cases where you feel like a copyright or other intellectual property right may have been infringed upon we ask that you contact us as instructed in this Service.
YOU ACKNOWLEDGE AND AGREE THAT YOUR RELIANCE ON THE CONTENT IS SOLELY AT YOUR OWN RISK.
In cases where you believe information found on the Service may be inaccurate or needs to be updated we ask that you contact us at email@example.com. If you have any questions with respect to the Content displayed, distributed or otherwise accessible through the Service, please contact Grafi firstname.lastname@example.org.
If you have a good faith belief that the Service contains material which infringes upon your copyrighted work, please submit the following information to our designated copyright agent:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
- An identification of the copyrighted work and the location on the Service of the allegedly infringing work;
- A written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
- Your name and contact information, including, without limitation, telephone number and email address; and
- A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You represent and warrant that your Customer Materials contain no confidential or proprietary information of yours or of any third party and that you have all necessary permissions, licenses, rights, and consents to submit, post, upload, process, republish, display, distribute, or transmit your Customer Materials through the Service.
- Do not promote any activity that is illegal under the laws of any state in the United States or under U.S. federal law.
- Do not submit any Customer Materials to the Service that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, pornographic, lewd, indecent, profane, racially, ethnically or otherwise objectionable, or that may invade another’s right of privacy or publicity or other personal rights.
- Do not submit any Customer Materials to the Service that infringe or otherwise violate any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of Grafi or any third party.
Restrictions on Generated Content: YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL CONTENT GENERATED BY THE SERVICE USING YOUR CUSTOMER MATERIALS (“GENERATED CONTENT”). Grafi does not endorse or accept any Generated Content as its own or representative of its views. Further, you are prohibited from using the Service, or permitting others to use the Service, to knowingly – or unknowingly -- create the following categories (in whole or in part) of Generated Content:
- Hate: content that expresses, incites, or promotes hate based on identity.
- Harassment: content that intends to harass, threaten, or bully an individual.
- Violence: content that promotes or glorifies violence or celebrates the suffering or humiliation of others.
- Self-harm: content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders.
- Sexual: content meant to arouse sexual excitement, such as the description of sexual activity, or that promotes sexual services (excluding sex education and wellness).
- Political: content attempting to influence the political process or to be used for campaigning purposes.
- Spam: unsolicited bulk content.
- Deception: content that is false or misleading, such as attempting to defraud individuals or spread disinformation.
- Malware: content that attempts to generate ransomware, keyloggers, viruses, or other software intended to impose some level of harm.
- Illegal Activities: Content that promotes any activity that is illegal under the laws of any state in the United States or under U.S. federal law, that may invade another’s right of privacy or publicity or other personal rights, or that infringes or otherwise violates any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of Grafi or any third party.
- Delete any attributions, legal notices or proprietary designations or labels on Content that you upload to the Service.
- Provide any false or intentionally inaccurate or misleading information when registering for or using the Service, including impersonation of any person or entity and misrepresenting your affiliation with a person or entity.
- Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided through this Service for any unlawful purpose.
- Access data not intended for your use or viewing, or log into an account or server which you are not authorized to access.
- Take any action which imposes an unreasonable or disproportionately large load or burden on the Service or use the Service in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the Service, or in a manner that adversely affects the Service and/or the availability of its resources to other users including without limitation submitting Customer Materials that contain a virus, Trojan horse, or corrupted data, excessive shouting, use of all caps, overloading, mail bombing, crashing or flooding or continuous posting of repetitive text.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided on, comprising or in any way making up a part of the Service, or otherwise used in connection with the operation of the Service (including, without limitation, the Service).
- Attempt to probe, scan or test the vulnerability of a system or network related to the Service, or to circumvent, disable or otherwise breach any security-related features or authentication measures of the Service (including features designed to prevent or restrict use or copying of any Content) without proper authorization.
- Collect or attempt to collect any information of other users of the Service, registered members or other members of the public without the subject’s consent, including without limitation usernames and passwords for the Service, Service account information, and personally identifiable information.
Violations of Service or network security may result in civil or criminal liability. Grafi reserves the right to investigate all occurrences which may involve such violations and may contact, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Feedback Regarding the Service: You may provide suggestions, comments or other feedback on the operation of the Service, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Service Feedback”). Such Service Feedback is voluntary and Grafi has the perpetual right to use any or all of such Service Feedback for any purpose without any obligation to you of any kind, although Grafi will not publicly disclose the source of such feedback.
Disclaimer of Warranty: YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE ARE AT YOUR SOLE RISK.
GRAFI DISCLAIMS ANY WARRANTY OR OBLIGATION THAT IT WILL MONITOR, VERIFY, EDIT, REMOVE OR CONTINUE TO DISPLAY ANY CONTENT, GENERATED CONTENT AND/OR CUSTOMER MATERIALS AND ALL LIABILITY FOR MONITORING, VERIFYING, EDITING, REMOVING OR CONTINUING TO DISPLAY ANY CONTENT.
Third Party Sites. Grafi may provide through the Service links or references to Internet sites maintained by third parties, or such third-party sites may have links to the Grafi Service. These links and references are offered as a convenience and for informational purposes only, not as referrals or endorsements by Grafi. Grafi does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites. Grafi assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, intellectual property compliance, privacy policies or practices of such third-party sites.
YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS SERVICE AND YOU ACKNOWLEDGE THAT GRAFI SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE SERVICE, GENERATED CONTENT OR CUSTOMER MATERIALS SUBMITTED TO THE SERVICE, FOR ANY REASON WHATSOEVER.
You agree that you will cooperate as fully and reasonably as required by Grafi in the defense of any claim arising out of your use of the Service. Notwithstanding the foregoing, Grafi reserves the exclusive right to settle, compromise and pay and all claims, demands, proceedings, suits, actions or causes of action, which are brought against Grafi arising out of or related to your use of the Service, and in no event shall you settle any such claim without Grafi’s prior written approval.
Governing Law; Arbitration and Venue:
- Governing Law. This Agreement (including the arbitration agreement in this section where applicable) and all matters relating to this Agreement shall be governed by and construed in accordance with the laws in the Commonwealth of Virginia without reference to conflict of laws principles;
- Arbitration. Any dispute, controversy or claim arising under, out of or relating to this Agreement shall be finally determined by arbitration conducted by the Judicial Arbitration and Mediation Service (“JAMS”) (or, if unavailable, then such other similar group that can provide former judges as arbiters) in accordance with JAMS’ rules of arbitration, by a single arbiter who is skilled and experienced with mobile application, cloud or internet services. The place of such arbitration shall be in Richmond, Virginia. The judgment of the arbitrator shall be final, non-appealable (to the extent not inconsistent with applicable law) and binding upon the parties, and may be entered in any court of competent jurisdiction.
- Exception for Provisional Equitable Relief. Notwithstanding any provision in this Agreement, either party may request any judicial, administrative, or other authority in any other jurisdiction to order any provisional or conservatory measure, including injunctive relief, specific performance, or other equitable relief, prior to the institute of legal or arbitration proceedings, or during the proceedings, for the preservation of its rights and interests or to enforce specific terms that are suitable for provisional remedies.
- Waiver of Class Action Claims. By agree to arbitrate your claims against Grafi, (a) YOU GIVE UP YOUR RIGHT TO GO TO COURT AND HAVE YOUR CLAIMS TRIED BY A JUDGE OR JURY; AND (B) YOU GIVE YOUR RIGHTS TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING.
- Conflicts of Laws. This Agreement shall not be governed by the conflict of laws rules of any jurisdiction, UCITA, or the United Nations Convention on Contracts for the International Sale of Goods, the application of which are expressly excluded.