Terms of Service

These Terms of Service ("Terms") are a contract between you and PromoGen s.r.o., Prague 14300, Czech Republic (Company ID 12345678, VAT CZ12345678) ("we", "us"), the operator of PromoGen (the "Service"). By creating an account, subscribing or otherwise using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organisation, you confirm that you are authorised to accept these Terms for it, and "you" means that organisation.

• You must be at least 16 years old, and of legal age to enter into a contract to buy a paid plan.
• Give accurate account information and keep access to your email and sign-in methods secure.
• You are responsible for everything that happens under your account. Tell us at once if you suspect unauthorised use.
• One person or organisation per account; accounts may not be shared, resold or transferred without our consent.

PromoGen lets you create promotional images ("banners") from design templates and the images and texts you provide. We may change, add or remove features, templates and limits at any time. If a change materially reduces what you pay for, we will tell you in advance and you may cancel.

We aim for the Service to be available at all times but do not guarantee it. Maintenance, updates, outages of our providers or events outside our control may interrupt it.

• The free plan has the limits shown on the pricing page. Paid plans are billed in advance, monthly, through our payment provider Stripe, at the price shown at checkout. Prices are exclusive of taxes unless stated otherwise; you pay any applicable taxes.
• Subscriptions renew automatically at the end of each billing period until you cancel. You authorise us (through Stripe) to charge your payment method for each renewal.
• You can cancel at any time in your account under Plan & billing. Cancellation takes effect at the end of the current billing period; you keep paid features until then.
• When you switch plans, the difference is prorated and charged or credited on your next invoice.
• If a payment fails, we may retry it and suspend paid features or move your account to the free plan until payment is made.
• We may change prices for future billing periods. We will notify you at least 30 days in advance; the new price applies from your next renewal after that, and you may cancel before it does.
• Refunds: fees already paid are non-refundable, including for partial periods and unused features, except where these Terms or mandatory law say otherwise.

Consumers in the EU/EEA: you normally have a 14-day right to withdraw from a contract for digital services. By starting a paid subscription and using it immediately, you expressly request that the Service begins during the withdrawal period and acknowledge that, to the extent permitted by law, you lose the right of withdrawal once the Service has been fully provided, and otherwise owe a proportionate amount for the period used. To withdraw, contact us within 14 days at support@promogen.example.

"Your content" means images, logos, texts and other material you upload or enter, and the banners created from them. You keep all rights you have in your content.

You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, process, resize, render and display your content only as needed to operate, secure and improve the Service for you and to comply with the law. This licence ends when you delete the content or your account, except for copies in backups kept for a limited time and content we must retain by law.

You are solely responsible for your content. You confirm that you own it or have all the rights, licences and consents needed to use it — including rights to trademarks, logos, photos and the likeness of any person shown — and that your content and the banners you publish do not infringe anyone's rights or break any law or advertising rule. We do not review content before it is processed and are not responsible for it, or for how you use your banners.

Keep your own copies of important content. We are not liable for loss of content, although we take reasonable steps to prevent it.

The Service, its software, design templates, graphics, layouts and branding belong to us or our licensors and are protected by intellectual property laws. Apart from the licence below, these Terms grant you no rights in them.

While your account is in good standing, you may use banners you create with our templates for your own or your clients' commercial and non-commercial purposes, including after your subscription ends. You may not resell, redistribute or share the templates themselves (for example as a template pack, theme or competing service), or claim them as your own design.

You must not use the Service to create, upload or distribute anything that:

• is illegal, fraudulent, deceptive or misleading, including false or unlawful advertising;
• infringes copyright, trademarks, privacy, publicity or other rights;
• is sexually explicit involving minors, hateful, harassing, violent or threatening;
• impersonates any person or organisation or suggests an endorsement that does not exist;
• contains malware or is used for phishing or spam.

You must not try to break, overload, reverse engineer or bypass the security or limits of the Service, access it by automated means except through features we provide, or use it to build a competing product. We may remove content and suspend accounts that break these rules.

If you believe content in the Service infringes your rights, email support@promogen.example with: your contact details, a description of the work and the content concerned, where it appears, and a statement that you believe in good faith the use is unauthorised and that your notice is accurate. We act on valid notices, may remove the content and suspend repeat infringers.

The Service relies on third-party services, such as Stripe for payments, Google for sign-in and storage and hosting providers. Their use is subject to their own terms. We are not responsible for third-party services, websites or content, or for their availability.

To the fullest extent permitted by law, the Service, templates and all output are provided "as is" and "as available", without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy and uninterrupted or error-free operation. We do not warrant that banners will meet the requirements of any advertising platform, app store or marketplace, or achieve any business result.

To the fullest extent permitted by law: (a) we are not liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, business, goodwill, data or content, even if we were told they were possible; and (b) our total liability for all claims arising out of or relating to the Service or these Terms is limited to the greater of the amount you paid us in the 12 months before the event giving rise to the claim, or 100 euros.

Nothing in these Terms limits liability that cannot be limited by law, such as liability for death or personal injury caused by negligence, for fraud, or for gross negligence or wilful misconduct, nor any rights you have as a consumer under mandatory law.

If you use the Service for business purposes, you will defend, indemnify and hold harmless us and our officers, employees and contractors against any claims, damages, losses and costs (including reasonable legal fees) arising from your content, your use of the banners you create, or your breach of these Terms or of any law or third-party right.

You may stop using the Service and ask us to delete your account at any time by emailing support@promogen.example; cancel any paid subscription first.

We may suspend or terminate your access, with notice where reasonable, if you breach these Terms, fail to pay, create risk or legal exposure for us or others, or if we discontinue the Service. If we discontinue the Service without cause, we will refund the unused part of prepaid fees. On termination, your right to use the Service ends and we may delete your content after a reasonable period. Sections that by their nature should survive termination — including content responsibility, disclaimers, limitation of liability, indemnity and governing law — survive.

We may update these Terms. We will post the new version here with a new effective date and, for material changes, notify you by email or in the Service at least 30 days before they take effect. If you continue to use the Service after that, you accept the updated Terms; if you do not agree, cancel and stop using the Service.

These Terms and any dispute arising out of them are governed by the laws of the Czech Republic, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The courts of the Czech Republic have exclusive jurisdiction, except that consumers keep the protection of the mandatory laws and courts of the country where they live.

Before starting proceedings, please contact us at support@promogen.example so we can try to resolve the matter informally. EU consumers may also use an alternative dispute resolution body competent in their country.

• These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
• If a provision is found unenforceable, the rest remains in effect and that provision is enforced to the extent permitted.
• Our failure to enforce a right is not a waiver of it.
• You may not assign these Terms without our consent; we may assign them to an affiliate or a successor of our business.
• We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices to you may be sent to your account email; notices to us must be sent to support@promogen.example.