Terms of Service and Privacy Policy

Welcome to Visualcraft! These Terms of Service and Privacy Policy govern your use of our AI-powered visual content creation and social media automation platform (the "Service"). By accessing or using Visualcraft, you agree to these terms. If you do not accept any part of these terms, please discontinue use of the Service immediately. Visualcraft may modify these terms at any time; changes will be posted on our website and, if material, communicated to you. Continued use of the Service after changes constitutes your acceptance of the updated terms.

1. Definitions

"Visualcraft" or "we"/"us"/"our": The company providing the Service.
"User," "you" or "your": Any person or entity using the Service.
"Account": Your user account on Visualcraft, which you create to access the Service.
"User Content": Any text, images, videos, graphics, data, or other content that you upload, create, or store using the Service.
"Personal Data" or "Personal Information": Information that identifies you as an individual (e.g., name, email address, contact information, payment details, usage activity).

2. User Accounts and Security

Account Registration: You must register an account to use Visualcraft. You agree to provide accurate, complete registration information and to keep it up to date. The Service is intended for users aged 13 or older (16 in the EU); if you are under the minimum age, you may not use the Service without consent from a parent or guardian. We reserve the right to suspend or delete any account of a minor without notice.
Login Credentials: You are solely responsible for maintaining the confidentiality of your account credentials (email, password, API tokens, etc.). Do not share your password or login information with anyone. We may require multi-factor authentication for added security. You must immediately notify us of any unauthorized use or breach of your account.
Account Responsibilities: You agree to use the Service in compliance with these terms and all applicable laws. You are responsible for all activity under your account, including any content you create, upload, or share, and any actions taken with your social media or third-party account integrations. Visualcraft is not liable for any actions taken on your social media accounts using our Service.
Security: We employ industry-standard security measures to protect your data. All Personal Data is encrypted in transit and, where applicable, at rest using industry standards (e.g. AES-256 encryption). However, no system is completely secure, and we cannot guarantee absolute protection. You agree to notify us promptly if you suspect any breach of security.

3. Subscription Plans and Billing

Free Trial: New users may be offered a free trial of the Service (for example, 14 days). Trial usage may have limited features or quotas. At the end of the trial, you must subscribe to a paid plan to continue using the Service.
Paid Plans: Visualcraft offers three paid subscription tiers (e.g. Basic, Pro, Enterprise) with varying features and usage limits (e.g. number of designs, video length, social accounts, automation runs). Plan details and pricing are listed on our website. Payment is due in advance on a monthly or annual basis, as selected by you.
Auto-Renewal and Cancellation: Subscriptions automatically renew at the end of each billing period unless cancelled. You may cancel your subscription at any time via your account settings or by contacting support. Cancellation will take effect at the end of the current billing cycle. We do not provide refunds for unused time, except where required by law. If payment fails (e.g. credit card declined), we may suspend or terminate your account until payment is made.
Billing: All payments are processed by secure third-party payment processors (e.g. Stripe, PayPal) that comply with PCI DSS standards. We do not store full payment card details on our servers. You authorize us to charge your selected payment method for any fees due. Any applicable taxes are your responsibility.

4. User Content and Intellectual Property

Ownership: You retain all ownership rights in the User Content you upload or create. We do not claim ownership of your content. However, by using the Service, you grant Visualcraft a worldwide, non-exclusive, royalty-free license to host, store, modify, reproduce, distribute, and display your User Content solely to provide the Service to you. For example, we may edit or compress images/videos as needed or publish your content to your social accounts on your behalf under this license.
License to Platform: When you submit User Content, you agree that Visualcraft may use that content to operate and improve the Service. For instance, we may analyze aggregated content usage to improve our AI models. We will not sell or distribute your content outside the scope of providing the Service without your consent.
Prohibited Content: You may not upload, create, or share any content that: violates any law or third-party rights; is unlawful, harmful, abusive, harassing, defamatory, invasive of privacy, or threatening; is pornographic or sexually explicit; incites hate or violence; or contains malware or spam. In particular, you must not upload copyrighted or trademarked material unless you own it or have permission. We reserve the right to delete any User Content that violates these rules and to suspend or terminate accounts of repeat offenders.
DMCA Compliance: If notified of allegedly infringing content, we will respond in accordance with the Digital Millennium Copyright Act. Users are responsible for ensuring their content does not infringe others' rights.

5. Third-Party Integrations

Social Media APIs: Visualcraft can connect to third-party services (e.g. social networks like Facebook, Twitter, Instagram, LinkedIn, etc.) on your behalf to schedule and publish content. You may grant us permission (via OAuth or API keys) to access your social accounts; such access is governed by the third party's terms as well as ours. We store your access tokens securely, but we are not liable for the third-party platform's actions. You remain responsible for maintaining valid credentials and for complying with those platforms' rules.
Analytics and Tools: We use third-party analytics (e.g. Google Analytics), email services, and other tools to enhance the Service. These tools may collect usage data in accordance with their own privacy policies. We will only share data with third parties as necessary to provide or improve the Service and in accordance with this Privacy Policy.
Payment Processors: To process payments, we use PCI-compliant gateways (e.g. Stripe or PayPal). Any billing or financial information is handled by these services; we do not directly process raw credit card data.
Limitation of Third-Party Risk: While we vet our service providers, we cannot guarantee their actions. We require third-party vendors to implement adequate security, but we are not liable for their compliance failures. You should review their policies where appropriate.

6. Prohibited Uses

You agree not to use the Service for any unlawful or harmful purpose. Specifically, you must not: bypass or disable any security or access controls.
Perform fraudulent activities, impersonate others, or misrepresent your identity.
Interfere with other users' access or compromise other accounts.
Use the Service to stalk, harass, or invade others' privacy.
Submit content that violates this Agreement (see User Content above). Violations may result in immediate termination of your account.

7. Privacy Policy

Visualcraft is committed to protecting your privacy and complying with applicable data protection laws (e.g. GDPR, CCPA). This section outlines our privacy practices.

7.1 Data We Collect

We collect Personal Data and other information in order to provide and improve our Service:

Account Information: When you register, we collect your name, email address, username, and password (hashed).
Payment and Billing Data: Billing details and payment information via Stripe/PayPal. We do not store raw credit card data.
User Content: Your text, images, videos, or other files uploaded to the Service.
Usage Data: Logs and analytics about how you use the Service (pages visited, features used, timestamps, etc.).
Cookies and Tracking: We use cookies for authentication, preferences, and analytics.

Our collection falls into two categories: (1) Data provided by you, and (2) Data collected by our software.

7.2 How We Use Data

Provide and maintain the Service (authentication, content delivery, payments)
Improve and personalize the Service
Communicate with you (notifications, support, updates)
Comply with legal obligations

7.3 Data Sharing and Disclosure

Service Providers: Shared only with necessary third-party providers
Social Platforms: Only what's needed for integration
Legal Requirements: When required by law
Consent: We will not sell your Personal Data

7.4 Cookies and Tracking Technologies

Essential Cookies: Required for login sessions and security
Analytics Cookies: Tools like Google Analytics for usage statistics

You may opt out of non-essential cookies via browser settings.

7.5 Data Storage and Security

Storage: Secure servers with regular backups
Encryption: TLS/SSL in transit, AES-256 at rest
Access Controls: Restricted to authorized personnel
Retention: Kept while account is active, deleted after

7.6 User Rights (GDPR and CCPA)

GDPR (EU): Right to access, correct, delete, or port data
CCPA (California): Right to know and delete personal information

7.7 Children's Privacy

The Service is not directed to children under 13 (or higher age as required by local law). We do not knowingly collect Personal Data from children. If we learn that a minor has provided us with personal information without parental consent, we will delete that information.

8. Disclaimers and Limitation of Liability

"As Is" Service: Visualcraft is provided "as is" and "as available," without warranties of any kind. We make no guarantees about the accuracy, reliability, or availability of the Service. Use at your own risk. We disclaim all implied warranties (including merchantability or fitness for a particular purpose) to the maximum extent permitted by law.
Limitation of Liability: To the fullest extent allowed by law, Visualcraft (and its officers, directors, employees, and affiliates) will not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits or data, arising from or related to your use of (or inability to use) the Service. Our total aggregate liability for claims of any kind will not exceed the fees you have actually paid us in the past twelve months for the Service. This limitation applies even if we have been advised of the possibility of such damages.
Indemnification: You agree to indemnify and hold Visualcraft harmless from any claims or demands (including legal fees) arising out of your use of the Service, your User Content, or any violation of these terms.

9. Termination

By You: You may cancel and terminate your account at any time. For subscription plans, cancellation will stop future charges but does not automatically delete your account; you may request account deletion separately.
By Us: We may suspend or terminate your account if we reasonably determine you have violated these terms (e.g. abuse, illegal use, breach of security). We may also suspend or terminate for prolonged inactivity: if your account is dormant for an extended period, we will notify you and may delete or archive the account after giving you a chance to reactivate.