Terms of Service

Last Updated: January 3, 2026

Welcome to DesignKit! These Terms of Service ("Terms") govern your access to and use of the DesignKit mobile application and services ("Service"). By using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, downloading, accessing, or using DesignKit, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Eligibility

You must be at least 13 years old (or 16 in the European Economic Area) to use DesignKit. By using the Service, you represent and warrant that:

• You meet the age requirement
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable laws
• You have not been previously suspended or removed from the Service

3. Account Registration and Security

3.1 Account Creation

• You may create an account using email, Google, Apple, or Facebook authentication
• You must provide accurate and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized access

3.2 Account Responsibility

You are solely responsible for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to maintain account security.

4. License and Restrictions

4.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use DesignKit for your personal or internal business purposes.

4.2 Restrictions

You agree NOT to:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or modify any proprietary notices
• Use the Service for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any part of the Service
• Use automated systems (bots, scrapers) to access the Service
• Interfere with or disrupt the Service or servers
• Upload malicious code, viruses, or harmful content
• Impersonate any person or entity
• Violate any applicable laws or regulations

5. User Content

5.1 Your Content

You retain all rights to the content you create, upload, or generate using DesignKit ("User Content"). By using the Service, you grant us a limited license to:

• Store and process your content to provide the Service
• Display your content back to you
• Make backup copies for service reliability
• Use anonymized, aggregated data for service improvement

5.2 Content Responsibilities

You represent and warrant that your User Content:

• Does not infringe any third-party rights (copyright, trademark, privacy, etc.)
• Does not contain illegal, harmful, or offensive material
• Complies with all applicable laws and regulations
• Does not contain viruses or malicious code

5.3 Prohibited Content

You may not create, upload, or generate content that:

• Is illegal, harmful, threatening, abusive, harassing, or defamatory
• Infringes intellectual property rights
• Contains nudity, pornography, or sexually explicit material
• Promotes violence, discrimination, or hate speech
• Contains personal information of others without consent
• Impersonates any person or entity
• Is spam or unsolicited promotional material

5.4 Content Removal

We reserve the right to remove any content that violates these Terms or is otherwise objectionable, without notice.

6. AI-Generated Content

DesignKit uses artificial intelligence to generate images and videos. You acknowledge that:

• AI-generated content may not always meet your expectations
• You are responsible for reviewing generated content before use
• AI-generated content should be reviewed for accuracy and appropriateness
• You should verify that AI-generated content does not infringe third-party rights
• We do not guarantee the uniqueness of AI-generated content

7. Subscription and Payments

7.1 Free and Premium Services

DesignKit offers both free and premium subscription tiers. Premium features require a paid subscription.

7.2 Pricing and Payment

• Subscription prices are displayed in the app and may vary by region
• Payments are processed through Apple App Store, Google Play Store, or Stripe
• All fees are non-refundable except as required by law
• We reserve the right to change pricing with 30 days' notice

7.3 Subscriptions

• Subscriptions automatically renew unless cancelled before the renewal date
• You can cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds for partial subscription periods

7.4 Credits and Tokens

• Some features require credits or tokens
• Credits may expire as specified in the app
• Credits are non-transferable and non-refundable

8. Intellectual Property

8.1 Our Property

DesignKit and all related trademarks, logos, and service marks are owned by us or our licensors. All rights not expressly granted are reserved.

8.2 Feedback

If you provide suggestions, ideas, or feedback, you grant us a perpetual, irrevocable, worldwide license to use such feedback without compensation or attribution.

9. Third-Party Services

Our Service integrates with third-party services (Google, Apple, Facebook, AWS, Stripe). Your use of these services is subject to their respective terms and privacy policies. We are not responsible for third-party services.

10. Disclaimers and Limitations of Liability

10.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy or reliability of content

10.2 Limitation of Liability

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

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Damages arising from your use or inability to use the Service
• Damages arising from any content or conduct of third parties

OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM OR (B) $100.

10.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless DesignKit, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any rights of another person or entity

12. Termination

12.1 Termination by You

You may terminate your account at any time by deleting your account through the app settings or contacting us.

12.2 Termination by Us

We may suspend or terminate your account and access to the Service at any time, with or without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Extended periods of inactivity
• Any reason at our sole discretion

12.3 Effect of Termination

Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and content
• You remain liable for any obligations incurred before termination
• Provisions that should survive termination will continue to apply

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@designkit.app. We'll try to resolve the dispute within 60 days.

13.2 Arbitration Agreement

If we can't resolve the dispute informally, you and DesignKit agree to resolve disputes through binding arbitration instead of courts, except:

• Small claims court proceedings
• Intellectual property disputes
• Claims for injunctive relief

13.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive the right to participate in class actions or class-wide arbitrations.

13.4 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

14. General Provisions

14.1 Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the app
• Sending an in-app notification or email
• Updating the "Last Updated" date

Your continued use of the Service after changes constitutes acceptance of the updated Terms.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full effect.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your rights hereunder. We may assign these Terms without restriction.

14.5 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DesignKit regarding the Service.

14.6 Force Majeure

We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, or Internet failures.

15. Contact Information

16. App Store Terms

16.1 Apple App Store

If you download DesignKit from the Apple App Store:

• These Terms are between you and DesignKit, not Apple
• Apple has no obligation to provide maintenance or support
• Apple is not responsible for any claims relating to the app
• Your use is also subject to Apple's Licensed Application End User License Agreement

16.2 Google Play Store

If you download DesignKit from Google Play:

• These Terms are between you and DesignKit, not Google
• Your use is also subject to Google Play's Terms of Service

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By using DesignKit, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.