Terms of Service

Last Updated: December 2, 2024

Welcome to Bitkreativ! These Terms of Service ("Terms") govern your access to and use of our website www.bitkreativ.com and all applications we develop, including our AI-based wallpaper app for Android (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

Please read these Terms carefully before using our Services.

1. Acceptance of Terms

By accessing or using our Services, you affirm that you have the legal capacity to enter into a binding contract with Bitkreativ and agree to comply with these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must discontinue use of our Services immediately.

2. Eligibility

Our Services are intended for individuals who are at least 13 years of age. By using our Services, you represent and warrant that you meet this age requirement.

3. Account Registration

  • Accuracy of Information: You agree to provide accurate, current, and complete information during the registration process and to promptly update your account information as necessary.
  • Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
  • Unauthorized Access: You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other security breaches.

4. User Conduct

You agree not to use the Services to:

  • Violate Laws: Engage in any activity that violates any applicable local, national, or international laws or regulations.
  • Infringe Rights: Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Distribute Harmful Content: Upload, transmit, or distribute viruses, worms, or any other malicious code that could damage or disrupt the Services.
  • Disrupt Services: Interfere with or disrupt the integrity or performance of our Services or the data contained therein.

5. Intellectual Property Rights

Ownership: All content, features, and functionality on the Services—including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software—are the exclusive property of Bitkreativ and are protected by applicable intellectual property laws.

License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services for personal, non-commercial purposes in accordance with these Terms.

6. Termination

We reserve the right, at our sole discretion, to suspend or terminate your access to all or part of our Services at any time, with or without notice, for any reason, including but not limited to breach of these Terms or any applicable law.

7. Disclaimer of Warranties

Your use of the Services is at your sole risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

  • The Services will meet your requirements.
  • The Services will be uninterrupted, timely, secure, or error-free.
  • Any errors or defects will be corrected.
  • The Services or the server that makes it available are free of viruses or other harmful components.

8. Limitation of Liability

To the maximum extent permitted by applicable law, Bitkreativ and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation loss of profits, data, use, goodwill, or other intangible losses, resulting from:

  • Your access to or use of or inability to access or use the Services.
  • Any conduct or content of any third party on the Services.
  • Any content obtained from the Services.
  • Unauthorized access, use, or alteration of your transmissions or content.

9. Indemnification

You agree to indemnify, defend, and hold harmless Bitkreativ, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms or your use of the Services.

10. Changes to the Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will notify you of any changes by: • Posting the updated Terms on this page. • Sending an email notification to your registered email address. • Updating the Terms within our website and applications. It is your responsibility to review these Terms periodically. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kerala, India, without regard to its conflict of law provisions.

12. Dispute Resolution

Any disputes arising out of or relating to these Terms or the Services shall be resolved through amicable negotiations between the parties. If such negotiations fail, the disputes shall be submitted to the exclusive jurisdiction of the courts located in Kerala, India.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms constitute the entire agreement between you and Bitkreativ regarding the use of the Services and supersede any prior agreements, understandings, or representations, whether written or oral.

15. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16. Contact Us

If you have any questions, concerns, or feedback regarding these Terms, please contact us: • Email: [email protected]

Thank you for choosing Bitkreativ. We are committed to providing you with innovative applications and exceptional service.