End User License Agreement

1. General

This End User License Agreement ("EULA") constitutes a legally binding agreement between you (the "User" or "you") and us (the "Company", "we", "us", or "our"). It sets the terms for your access to, installation of, and use of "StackEm" - a web application that enables Users to create and customize digital photo collages locally on the User's device, including by selecting templates, adding text and user-uploaded photos into collage cells, and exporting the final collage as an image file, together with associated services ("Product"), which is available for download via the website at: https://www.stackemapp.com/.

2. EULA & Acceptance

2.1 By downloading, accessing, or using the Product, you acknowledge that you have read and understood this EULA and represent and warrant that you will use the Product in compliance with all applicable laws and regulations. If you do not agree to any part of this EULA, you must immediately stop using the Product and remove it from all devices on which it has been installed or used. The Company may modify, update, or revise this EULA from time to time. Any such changes is effective upon publication. Continued use of the Product after publication constitutes your acceptance of the updated EULA.

2.2 We respect our users' privacy rights. When you access or use the Product, we may collect, store, and use certain information about you and your use of the Product all as detailed in the Privacy Policy ("Policy"). We will process personal data in accordance with the Policy, as it may be updated from time to time.

3. Product Services

3.1 The Product enables you to create a collage, just pick a layout template, add your pictures, and you're done. No design skills needed, completed in seconds. You are solely responsible to ensure you use pictures you have rights to use. The use of the Product is for your own personal, non-commercial use. We do not keep, host, or store your pictures or the collage created, you are responsible to download, save it or print it, we are not responsible for any loss of data, pictures or collage.

3.2 Subject to the terms herein, the Company grants you a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license, for non-commercial purposes, to install the Product and use its related services solely for the purposes set forth herein and for personal use only. You hereby provide us with the limited right to use the pictures uploaded solely for the purpose of creating the collage you designed.

3.3 The Company, at its sole discretion, is entitled to determine the features, settings, pricing, or other tools that are available as part of the Product, and may modify, correct, amend, update, upgrade, enhance, improve, remove, replace, or otherwise change, or discontinue or cease (temporarily or permanently), any features or functionalities of the Product, with or without notice, without incurring any liability to you.

3.4 Certain features of the Product may be contingent upon the availability and continuity of your internet connection. Lack of connectivity or disruptions to connectivity may prevent you from accessing or using the Product, or certain features thereof.

3.5 All rights not expressly granted to you under this EULA are reserved by the Company and/or its licensors. The Product is proprietary. Title to the Product is held by the Company and/or the Company's licensors. This EULA governs the Product in full, including all features, modules, functions, components, and services provided through it, as well as any embedded or integrated search-related components and any additional services. All intellectual property rights in the Product and related materials, including, without limitation, trademarks, logos, designs, text, graphics, source code, and proprietary technologies, are owned by the Company or its licensors. Nothing in this EULA transfers to you any ownership interest in the Product or any intellectual property rights.

4. Third-Party Content

4.1 The Product may display, include, or enable access to third-party content or services, including advertisements, that the Company has not reviewed. The Company does not review, approve, monitor, endorse, warrant, or make any representations regarding Third-Party Content. Such third-party content is not owned or controlled by the Company, and the Company makes no representations and assumes no responsibility regarding its availability, accuracy, legality, or reliability.

4.2 Any access to, use of, or interaction with third-party content or services is at your sole discretion and risk and may be governed by the applicable third party's own terms and policies. The Company is not responsible or liable, directly or indirectly, for any damage or loss caused, or is alleged to be caused by or in connection with your use of, or reliance on, any such third-party content or services.

5. User Responsibilities

5.1 You hereby represent and warrant that:

5.1.1 You are solely responsible for any content (including images) that you upload, submit, or otherwise make available through the Product. You represent and warrant that such content does not infringe, misappropriate, or otherwise violate any third-party rights, and that you have obtained all rights, permissions, consents, and approvals necessary to make such content available and to allow it to be processed through the Product in compliance with applicable law.

5.1.2 You represent and warrant that you own, or are otherwise authorized to use, the device through which you access and use the Product.

5.1.3 You represent and warrant that you are eligible to enter into this EULA, and that you are not prohibited from doing so by any applicable law, regulation, court order, or other binding restrictions.

5.1.4 You will access and use the Product only in accordance with the Company's instructions (as may be provided from time to time) and this EULA.

5.2 In connection with your use of the Product, you agree that you will not do any of the following:

5.2.1 reproduce, copy, distribute, sublicense, sell, lease, or otherwise commercially exploit or redistribute any part of the Product; modify, alter, decompile, reverse engineer, or otherwise attempt to derive or discover the Product's source code; use the Product in connection with deceptive, fraudulent, malicious, or similar activities; circumvent, disable, or interfere with any security mechanisms, safeguards, or technical protections; use the Product for any unlawful, fraudulent, deceptive, or harmful purpose; or violate this EULA or any applicable law or regulation in any manner.

5.3 Any breach of the above restrictions may result in immediate suspension or termination of your access to the Product and may also expose you to legal liability.

6. Termination

6.1 This EULA remains in effect unless and until terminated. You may terminate this EULA at any time by uninstalling the Product from your device and ceasing all use of the Product.

6.2 The Company may, in its sole discretion, suspend or terminate your access to the Product immediately, with or without notice and with or without cause, if you breach this EULA or if your continued use creates a risk to the Company, other users, or third parties.

6.3 Termination may result in the deletion or destruction of information and data associated with your use of the Product. Upon termination, all licenses and other rights granted to you under this EULA will immediately end. The Company shall not be liable to you or any third party for terminating the Product or terminating your use of the services. Provisions that by their nature are intended to survive termination will survive.

6.4 To ensure termination please uninstall the Product as detailed above.

7. Disclaimer of Warranties

7.1 The Product is provided on an "as is" and "as available" basis, and, to the maximum extent permitted by applicable law, the Company and its officers, directors, shareholders, employees, contractors, licensors, agents, and affiliates disclaim any and all warranties, representations, and conditions of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title, and any warranties arising out of statute, course of dealing, or usage of trade. Without limiting the foregoing, the Company does not guarantee that:

7.1.1 The Product will be free of errors or bugs, or that the Company will correct any errors.

7.1.2 Any output, including the layouts and the collage or content provided or generated through use of the Product will be accurate, complete, reliable, lawful, or non-infringing.

7.1.3 The Product will be available for use in any location or at any specific time. You acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or otherwise objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against the Company with respect thereto, including with respect to any User Content or Third-Party Content. The Product is not intended to operate as a data storage or archiving service. You acknowledge that your content is stored locally on your device and not on the Company's cloud or servers, and you agree not to rely on the Product for storage or backup of any content. You are solely responsible for maintaining and backing up your content, and you use the Product at your sole risk.

7.2 You assume all risks arising from, or related to, installing and using the Product.

8. Limitation of Liability

8.1 To the maximum extent permitted by law, the Company shall not be liable for any indirect, incidental, special, or consequential damage arising out of or relating to your use of, or inability to use, the Product. In no event shall the Company's total cumulative liability exceed USD $50 or the amount actually paid for the Product, whichever is lower.

9. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates, and each of their respective directors, officers, employees, agents, and representatives, from and against any and all claims, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to: (i) your use of the Product; (ii) your breach of this EULA; or (iii) your violation of any third-party rights or any applicable law or regulation.

10. General Provisions

10.1 If any provision of this EULA is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect. Failure by the Company to enforce any provision shall not constitute a waiver of its rights or of subsequent enforcement of such rights. You may not assign or transfer any of your rights or obligations under this EULA without the prior written consent of the Company.

10.2 The Company may assign or transfer its rights and obligations under this EULA, in whole or in part, to any third party without restriction.

10.3 The Company will not be responsible for any delay or failure to perform its obligations under this EULA to the extent such delay or failure is caused by events beyond the Company's reasonable control, including acts of God, natural disasters, governmental actions, war, terrorism, labor disputes, technical failures, power outages, or interruptions to telecommunications or internet services.

11. Governing Law and Dispute Resolution

11.1 This EULA is governed by, and construed in accordance with, the laws of the State of Israel. Any dispute arising out of or relating to this EULA will be subject to the exclusive jurisdiction of the competent courts located in Tel Aviv, Israel.

11.2 Any claim must be filed within twelve (12) months after it arises; otherwise, it will be permanently barred.

12. Contact Us

If you have questions, inquiries, or support requests, please contact us: [email protected].