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Terms of Service

Effective Date: January 18, 2025

1. Agreement to Terms

By accessing or using GradientLab ("Services"), operated by Passionate Pursuit Design Studio ("PPDS," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Services.

We may update these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on this page. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

2. Description of Services

GradientLab is a web-based gradient creation and animation tool. The Services allow users to create, edit, animate, and export gradient designs. We offer both free and paid subscription tiers with varying features and capabilities.

We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.

3. Account Registration

Some features of the Services require you to create an account. When you create an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

You must be at least 13 years old to use the Services. If you are under 18, you represent that you have your parent or guardian's permission to use the Services.

4. Customer Content

Your Ownership. You retain all ownership rights to the gradients, designs, and other materials you create using the Services ("Customer Content").

License to Us. You grant us a limited, non-exclusive, worldwide license to store, display, reproduce, and distribute your Customer Content solely as necessary to provide the Services to you.

Your Responsibility. You are solely responsible for your Customer Content and represent that you have all necessary rights to grant us the license above.

5. Subscriptions and Billing

Subscription Plans. We offer paid subscription plans with different features and pricing. By subscribing, you authorize us to charge your payment method for the applicable subscription fees.

Automatic Renewal. Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You can cancel your subscription at any time through your account settings.

Price Changes. We may change subscription prices with at least 30 days' notice. Price changes will take effect at the start of your next billing period.

Refunds. Refunds are provided at our discretion and in accordance with applicable law. Generally, subscription fees are non-refundable.

6. Acceptable Use

You agree not to use the Services to:

  • Violate any applicable laws, regulations, or third-party rights
  • Upload or distribute malware, viruses, or other harmful code
  • Interfere with the Services or their underlying infrastructure
  • Attempt to gain unauthorized access to any accounts or systems
  • Use automated systems (bots, scrapers) without our permission
  • Circumvent any access controls or usage limits
  • Engage in any activity that could harm other users or PPDS

We reserve the right to investigate and take appropriate action against anyone who violates these provisions, including suspending or terminating their account.

7. Intellectual Property

Our Property. The Services, including all software, design, graphics, interfaces, and other content (excluding Customer Content), are owned by PPDS and protected by intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

Feedback. If you provide feedback or suggestions about the Services, you grant us the right to use such feedback without any obligation to you.

8. Third-Party Services

The Services may integrate with or link to third-party services (such as payment processors or authentication providers). Your use of such third-party services is subject to their own terms and privacy policies. We are not responsible for the content, functionality, or practices of any third-party services.

9. Service Availability

We strive to maintain high availability but do not guarantee that the Services will be uninterrupted, error-free, or available at all times. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control. We are not liable for any interruption or loss of access to the Services.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER 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 OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PPDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

12. Indemnification

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

13. Termination

By You. You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Services will cease immediately.

By Us. We may suspend or terminate your access to the Services at any time, with or without cause, with or without notice. We may terminate accounts that violate these Terms or that have been inactive for an extended period.

Effect of Termination. Upon termination, your Customer Content may be deleted. We will make reasonable efforts to allow you to export your data before termination when feasible.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved in the state or federal courts located in California.

15. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and PPDS regarding the Services.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16. Contact Us

If you have questions about these Terms of Service, contact us at: hello@gradientlab.co