Terms of Service - User Agreement

1. Acceptance of Terms

By accessing or using Overvisual ("Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, you may not use our service.

2. Description of Service

Overvisual is a software-as-a-service platform that provides:

AI-powered text overlay generation for images
Intelligent text placement using computer vision
Social media template creation tools
Multi-format export capabilities
Design templates and customization options

3. User Accounts and Authentication

3.1 Account Creation

To use our service, you must:

Provide accurate and complete registration information
Be at least 16 years old (or 13 with verifiable parental consent)
Have the legal capacity to enter into these terms
Use only one account per person (multiple accounts are prohibited)
Not impersonate others or provide false information

3.2 Authentication Methods

We offer the following authentication methods:

Magic Link (Email): We send a secure, one-time login link to your email address. Links expire after 15 minutes for security.
Google OAuth: You can sign in using your Google account. By using this method, you authorize us to access your email address from Google for account creation and authentication.

3.3 Account Security

You are responsible for:

Maintaining the security of your email account used for authentication
Keeping your Google account secure if using OAuth
Not sharing magic links with others
Notifying us immediately of any unauthorized access at info@overvisual.com
All activities that occur under your account

3.4 Account Termination

We reserve the right to suspend or terminate accounts that violate these terms, engage in fraudulent activity, or pose security risks. You may delete your account at any time through your account settings or by contacting us.

4. Third-Party Authentication Services

When you use Google OAuth to sign in:

You agree to Google's Terms of Service and Privacy Policy
We are not responsible for Google's services, policies, or any issues with Google authentication
If Google becomes unavailable, you can still access your account by requesting a magic link
You can unlink your Google account at any time through account settings
We do not receive your Google password or have access to your full Google account

5. Acceptable Use

You agree not to use the service to:

Upload copyrighted images without proper authorization
Create content that is illegal, harmful, or violates others' rights
Generate misleading, defamatory, or inappropriate content
Attempt to reverse engineer or compromise our AI algorithms
Use the service for spam, phishing, or malicious activities
Share or sell your account access to others
Abuse authentication systems (e.g., excessive magic link requests)
Violate any applicable laws or regulations

6. Intellectual Property

Your Content: You retain ownership of images you upload and designs you create. You grant us a limited license to process your content to provide our services.

Our IP: The Overvisual platform, algorithms, software, and related intellectual property remain our exclusive property.

7. Subscription, Billing, and Consumer Rights

7.1 Billing Terms

Subscription fees are billed in advance on a monthly or annual basis
All payments are processed securely through Stripe
You may cancel your subscription at any time through account settings
Cancellation takes effect at the end of your current billing period
Usage limits apply based on your subscription plan
Price changes will be communicated 30 days in advance
All prices are quoted in the currency specified at checkout

7.2 Refund Policy

We offer a 14-day money-back guarantee for first-time subscribers
Refund requests must be submitted to info@overvisual.com within 14 days of initial purchase
Refunds are not available for renewals or after 14 days from initial purchase
Processing time for refunds is 5-10 business days

7.3 UK Consumer Rights

If you are a consumer in the United Kingdom:

You have a 14-day cooling-off period under the Consumer Contracts Regulations 2013
By using the service during this period, you acknowledge you're requesting immediate service delivery
Digital content must be of satisfactory quality under the Consumer Rights Act 2015
These terms do not affect your statutory rights as a consumer
Nothing in these terms limits our liability for death or personal injury caused by negligence

7.4 Canadian Consumer Rights

If you are a consumer in Canada, provincial consumer protection laws may apply in addition to these terms. Nothing in these terms limits rights provided by applicable Canadian federal or provincial consumer protection legislation.

8. Service Availability and AI Disclaimers

We strive to maintain 99.9% uptime but cannot guarantee uninterrupted service. We may perform maintenance, updates, or suspend service as needed.

AI Processing Disclaimers: Our AI-powered text placement and face/object detection features are provided as-is. While we strive for accuracy, we do not guarantee perfect results. You are responsible for reviewing AI-generated outputs before use. AI processing times may vary based on image complexity and server load.

9. Data and Privacy

Your privacy is important to us. Our data collection and usage practices are detailed in our Privacy Policy, which is incorporated into these terms by reference. By using our service, you consent to data processing as described in the Privacy Policy.

10. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING:

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
ACCURACY, RELIABILITY, OR COMPLETENESS OF AI-GENERATED CONTENT
UNINTERRUPTED OR ERROR-FREE OPERATION

UK/Canadian Consumers: Nothing in this section excludes or limits liability for death or personal injury caused by negligence, fraud, or other liabilities that cannot be excluded by law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OVERVISUAL SHALL NOT BE LIABLE FOR:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES
DAMAGES ARISING FROM THIRD-PARTY SERVICES (Google, Stripe, etc.)

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE PRECEDING 12 MONTHS.

UK/Canadian Consumers: This limitation does not apply to liability for death or personal injury caused by negligence, fraud, or other liabilities that cannot be limited by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Overvisual and its affiliates from claims, damages, and expenses (including legal fees) arising from: (a) your use of the service, (b) violation of these terms, (c) infringement of third-party rights, or (d) content you upload or create.

13. Termination

Either party may terminate these terms at any time. You may cancel your subscription through account settings. We may suspend or terminate your account for violations of these terms, non-payment, or fraudulent activity with reasonable notice. Upon termination, your right to use the service ceases immediately, but provisions relating to intellectual property, disclaimers, and limitations of liability survive.

14. Governing Law and Dispute Resolution

14.1 Governing Law

Overvisual is operated by Iamjunior, MB, a company registered in Lithuania. These terms are governed by the laws of the Republic of Lithuania, except as follows:

UK Users: For consumers in the United Kingdom, you benefit from mandatory consumer protection provisions under UK law, and nothing in these terms affects those rights.
Canadian Users: For consumers in Canada, you benefit from mandatory consumer protection provisions under applicable Canadian federal and provincial laws.

14.2 Dispute Resolution

Before initiating formal proceedings, we encourage you to contact us at info@overvisual.com to resolve disputes informally.

Jurisdiction:

Business Users: Disputes will be resolved exclusively in the courts of Vilnius, Lithuania.
UK Consumer Users: You may bring proceedings in UK courts. We may bring proceedings against you only in UK courts.
Canadian Consumer Users: You may bring proceedings in courts of your province of residence. We may bring proceedings against you only in courts of your province.

15. Changes to Terms

We may modify these terms from time to time to reflect changes in our practices, legal requirements, or service features. Material changes will be communicated via email or through a prominent notice on our service at least 30 days before they take effect. Your continued use of our service after changes become effective constitutes acceptance of the updated terms. If you do not agree to changes, you may terminate your account.

16. Miscellaneous

Entire Agreement: These terms, together with our Privacy Policy, constitute the entire agreement between you and Overvisual.
Severability: If any provision is found unenforceable, the remaining provisions continue in full force.
No Waiver: Our failure to enforce any right does not constitute a waiver of that right.
Assignment: You may not assign these terms. We may assign our rights and obligations to affiliates or in connection with a business transfer.
Force Majeure: We are not liable for delays or failures due to circumstances beyond our reasonable control.

17. Contact Information

For questions about these terms, contact us at:

Company: Iamjunior, MB
Email: info@overvisual.com
Address: Architektų g. 58-67, LT-04111 Vilnius, Lithuania
Website: www.overvisual.com