Terms of service

Effective from - 2023-02-07

Last updated on - 2023-02-07

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this document:

Company (referred to as either "the Company", "we", "us" or "our") refers to Totem.
Service refers to the Website.
Website refers to our website shotmatic, accessible at https://shotmatic.com.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Agreement to terms

You agree that by accessing the Website, you have read, understood, and agree to be bound by all of these Terms of Service, including the User Agreement posted on the Website, which are incorporated into these Terms of Service. If you do not agree with all of these terms of service, then you are expressly prohibited from using the Service and you must discontinue use immediately.

In addition to our terms of service, all shotmatic users are also subject to the terms of service of all relevant third parties that we integrate with, including, Youtube, https://www.youtube.com/t/terms, and Privacy Policy as specified here: https://www.google.com/policies/privacy, Tiktok, https://www.tiktok.com/legal/page/us/terms-of-service/en, Facebook, https://www.facebook.com/terms.php

Supplemental Terms of Service or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Service, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Website so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Website after the date such revised Terms of Service are posted.

The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to these Terms of Service prior to you using the Website.

Intellectual Property Rights

Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Chicago, USA, international copyright laws, and international conventions.

The Content and the Marks are provided on the Website "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Website, you are granted a limited license to access and use the Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.

User representations

By using the Website, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete
You will maintain the accuracy of such information and promptly update such registration information as necessary
You have the legal capacity and you agree to comply with these Terms of Service
You will not access the Website through automated or non-human means, whether through a bot, script or otherwise
You will not use the Website for any illegal or unauthorized purpose
Your use of the Website will not violate any applicable law or regulation
You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

User registration

You may be required to register with the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Prohibited activities

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Website, you agree not to:

Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website
Use any information obtained from the Website in order to harass, abuse, or harm another person
Make improper use of our support services or submit false reports of abuse or misconduct
Use the Website in a manner inconsistent with any applicable laws or regulations
Engage in unauthorized framing of or linking to the Website
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
Delete the copyright or other proprietary rights notice from any Content
Attempt to impersonate another user or person or use the username of another user. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms")Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Website to you
Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website
Copy or adapt any form of Website's source code
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other softwareUse a buying agent or purchasing agent to make purchases on the Website
Make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses
Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise
Advertising and selling goods and services
Uploading Sensitive Data (such as pornographic pictures...)

User generated contributions

We may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Website, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Website and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party
This includes all contributions, including images, videos, and text, that you upload to the Website
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website, and other users of the Website to use your Contributions in any manner contemplated by the Website and these Terms of Service
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website and these Terms of Service
Your Contributions are not false, inaccurate, or misleading
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us)
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people
Your Contributions do not violate any applicable law, regulation, or rule
Your Contributions do not violate the privacy or publicity rights of any third party
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation

Any use of the Website in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Website.

Contribution license

By posting your Contributions to any part of the Website or making Contributions accessible to the Website by linking your account from the Website to any of your social networking accounts , you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, re-title, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Website. You are solely responsible for your Contributions to the Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, to:

Edit, redact, or otherwise change any Contributions
Re-categorize any Contributions to place them in more appropriate locations on the Website
Pre-screen or delete any Contributions at any time and for any reason, without notice

We have no obligation to monitor your Contributions.

Refund Policy

Eligibility for Refunds: If you have purchased a subscription to our service and have not generated any images during your subscription period, you may be eligible for a refund.
Refund Window: You may request a refund within seven (7) days of your subscription purchase date. Requests made after this period will not be entertained.
Refund Process: To initiate a refund, contact our customer support team with your subscription details and reason for the refund request. Upon verification of your eligibility, the refund will be processed to your original payment method.
Conditions: Refunds will only be issued if no images have been generated using our service during the eligible period. Any attempt to misuse or exploit this policy may result in the suspension or termination of your account.
Limitations: This refund policy applies only to subscription purchases made directly through our website. If you purchased your subscription through a third-party platform or reseller, you will need to contact them directly regarding their refund policy.
Final Decision: All refund decisions made by our team are final and binding. We reserve the right to amend or update this policy at any time without prior notice.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Dispute resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. If for any reason, a Dispute fails to be resolved by binding arbitration, the Dispute shall be resolved by litigation.

Binding arbitration

Any dispute arising out of or in connection with this agreement, including any questions regarding its existence, validity or termination, shall be referred to and finally be resolved by an arbitrator. The seat, or legal place of arbitration shall be Chicago, US. The governing law of the contract shall be the sub-native law of Brazil.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

No arbitration shall be joined with any other proceeding
There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedure.There is no right or authority for any Dispute to be brought in a pruported representative capacity on behalf of the general public or any other persons.

Exceptions to informal negotiations and arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning information negotiations and binding arbitration:

Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party
Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use
Any claim for injunctive relief

If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

You agree to irrevocably submit all disputes related to Terms of Service or legal relationship established by this Agreement to the jurisdiction of the United States courts. We shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms of Service are entered into in the course of your trade or profession, the state of your principal place of business.

Third party websites and content

The Website may contain (or you may be sent via the Website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

Website management

We reserve the right, but not the obligation, to:

Monitor the Website for violations of these Terms of Service
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities
In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof
In our sole discretion and without limitation, notice, or liability, to remove from the Website or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems
Otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website

Privacy policy

We care about data privacy and security. Please review our Privacy Policy:https://shotmatic.com/privacy. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Website is hosted in El Salvador . If you access the Website from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Brazil.

Term and termination

These terms of use shall remain in full force and effect while you use the Website. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Service or of any applicable law or regulation. We may terminate your use or participation in the Website or delete your account and any content or information that you posted at any time, without warning, in our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications

We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.

Availability and interruptions

We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

Corrections

There may be information on the Website that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Website at any time, without prior notice.

Disclaimer

The Website is provided on an as-is and as-available basis. You agree that your use of the Website and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Website and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Website's content or the content of any websites linked to the Website and we will assume no liability or responsibility for any:

Errors, mistakes, or inaccuracies of content and materials
Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website
Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
Any interruption or cessation of transmission to or from the Website
Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website by any third party
Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Terms of service

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to amount paid by you, if any USD 0 .

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

Your Contributions
Your use of the Terms of service
Breach of these Terms of Service
Any breach of your representations and warranties set forth in these Terms of Service
Your violation of the rights of a third party, including but not limited to intellectual property rightsAny overt harmful act toward any other user of the Website with whom you connected via the Website

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User data

We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic communications, transactions, and signatures

Visiting the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Website. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Service.

Governing law

These Terms shall be governed by and defined following the laws of Brazil. We and you irrevocably consent that the courts of Brazil shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

Google Account Integration

For users who have connected their YouTube accounts or use Google Sign-In with our service:

Data Access and Usage: We may access and use certain data from your Google account as authorized by you during the connection process. This data is used in accordance with our Privacy Policy and these Terms of Service.
Data Deletion: To request deletion of your stored data related to your Google account integration, please contact us at support@shotmatic.com. We will process your request within a reasonable timeframe.
Revoking Access: You can revoke our access to your Google account data at any time by visiting the Google security settings page at https://security.google.com/settings/security/permissions. Look for our application name and click on "Remove Access" to revoke permissions. You can also revoke access by accessing https://shotmatic.com/dashboard/socials and clicking the button "Remove" to disconnect any accounts.

Contact us

In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us via email at support@shotmatic.com.