Terms of service

IMPORTANT – READ THE FOLLOWING CAREFULLY BEFORE USING OUR SERVICE.

This page is used to inform visitors regarding our policies with the collection, use, and disclosure of Personal Information if anyone decided to use our Service.

These Terms of Service govern your visit, use, and interactions with our mobile applications and any website related or similar to our mobile applications.

By accessing, browsing or using our Service, you become a “Visitor”. Your accessing, browsing or using this Service constitutes your agreement to all terms, conditions, and notices, and any changes to the Terms of Service made by Hashtagfox OÜ.

By using our service, you confirm that you have read these Terms of Service, that you understand them, and that you agree to be bound by them.

Hashtagfox OÜ (“Hashtagfox”, “we”, or “us”) offers this mobile application, including all information, software, website or websites, products and services available from this mobile application or offered as part of or in conjunction with this mobile application (collectively, the “Service”), to you, the user, (“you”, “user”, “Visitor” or “Member”, as appropriate) conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here (the “Terms of Service”). Hashtagfox reserves the right to make changes to these Terms of Service immediately by posting the changed Terms of Service in this location. We will provide notice of any changes to these Terms of Service on our website; however, it is your responsibility to periodically check these Terms of Service for changes.

Overview of Service.
Mesmerizely helps users generate images by writing text, leveraging the power of Artificial Intelligence. The goal is for users to be free to unleash their creativity and expression, and empowering them to unwind and relax while creating.

Hashtagfox cannot guarantee specific results, only the execution of agreed upon services.

License.
Subject to your compliance with these conditions, Hashtagfox grants to you a limited, non-transferable, non-exclusive license to use the Service on any mobile device or computer owned, leased, and/or controlled by you. This license is not a sale of the original Service or any copies. No Service, nor any part of Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Hashtagox.

Subscriptions & Fees.
If your use of the Service is through one of our paid applications (as of the date of this Agreement: (i) Command Analytics for Instagram, and (ii) Manager for Instagram), then this Section 5 shall apply. We reserve the right to make changes to which of our applications are paid or free, in our sole discretion. You will receive notice from us at least 7 days prior to any application becoming paid. General. We bill you through an online account (your “Billing Account”) for use of the Service.
You agree to pay Hashtagfox all charges at the price then in effect for any use of the Service by your or any other persons using your Billing Account, and you authorize Hashtagfox to charge your chosen payment provider (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Hashtagfox reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. Recurring Billing. Most subscription plans to the Service consist of an initial period, for which there is a one time charge, followed by recurring period charges as agreed to by you. By entering into these Terms, you acknowledge that that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. A third party (e.g. Apple) may manage your subscription.
To terminate your authorization or change your payment method, go to https://support.apple.com/en-us/HT202039. Current Information Required. You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify your Subscription Manager if your Payment Method is cancelled (e.g. for theft or loss) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your Credentials. Changes to such information can be made at https://appleid.apple.com. If you fail to provide your Subscription Manager any of the foregoing information, you agree that your Subscription Manager may continue charging you for any use of the Service under your Billing Account unless you have terminated your subscription for the Service (confirmed in writing by you upon request by your Subscription Manager). Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between your and the financial institution, credit card issuer, or other provider of your chosen Payment Method (the “Payment Method Provider”). Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and your Subscription Manager shall provide, notice of the amount to be charged and the date of the charge at least 10 days before the scheduled date of the transaction. Any agreement you have with your Payment Method Provider will govern your use of your Payment Method. Your Service subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate. To change or resign your subscription at any time, go to https://support.apple.com/en-us/HT202039. If you resign, you may use your subscription until the end of your then current subscription term; your subscription will not be renewed after your then current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then current subscription period. Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that your Subscription Manager is authorized to charge your Payment Method. Your Subscription Manager may submit those charges for payment and you will be responsible for such charges. Free Trials and Other Promotions. Any free trial or other promotion that provides subscriber-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a subscription fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please visit https://support.apple.com/en-us/HT202039 to have the charges reversed.

Refunds.
Service subscriptions rendered are based on our cancel anytime policy to terminate. When you cancel/terminate all services will stop at the end of your billing period.

We do offer a 7 days money-back guarantee, this means that we offer a full refund for any first-order that was placed by a customer. 

You will receive a full refund credit on any payment made to your account if the subscription or it’s renewal paid is non deliverable due to any unforeseen circumstances on our part.

Multiple service signups of our free trial will break your eligibility to receive a refund. 

Hashtagfox will refund any payment received for services BEFORE the subscribed service term begins, services that are terminated/ cancelled or if any errors made in the subscriptions.

Featured Links.
The Service may contain hyperlinks to services, websites, and content offered by parties other than Hashtagfox. Such hyperlinks are provided for your reference and convenience only. Hashtagfox does not control such third parties and is not responsible for their content; nor does Hashtagfox’s inclusion of hyperlinks to such services, websites, or content imply any endorsement of the material on such services, websites, or content or any association with their operators.

Copyrights.
All material content included in or made available through the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, HTML code, Java applets, Active X controls and other code, is the property of Hashtagfox. The compilation of all content included in or made available through the Service is the exclusive property of Hashtagfox. Hashtagfox retains ownership of all subsequent copies of the Service and all derivative works based on such Service. All other content not owned by Hashtagfox that appears on the Service appears with the permission of its respective owners and is the property of such respective owners, who may or may not be affiliated with, connected to, or sponsored by Hashtagfox.

Trademarks.
In addition, graphics, logos, slogans, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of Hashtagfox. Hashtagfox trademarks and trade dress may not be used in connection with any product or service that is not property of Hashtagfox. All other trademarks not owned by Hashtagfox that appear on the Service appear with the permission of their respective owners and are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Hashtagfox.

Prohibited Activities.
Except as otherwise expressly provided in these Terms of Service, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Service without the prior consent of the copyright owner. None of the material contained on Hashtagfox may be translated, reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Hashtagfox. You may not use, copy, or modify the Service or any copy in whole or in part, including any print-out or modification of the source or object codes, except as expressly provided in this Agreement. You may not disclose, display, communicate, or otherwise permit the use of the Service by or to any third party for any purpose. You are prohibited from using the Service to provide analytics or any other service to any third party or otherwise process the data of any third party. You shall not harvest or otherwise collect information about others users, including, but not limited to email addresses or any other identifying information or information related to contacting users. Further, You may not contact our Members for the purpose of enticing them to terminate their relationship with Hashtagfox or enter a business relationship with You to Hashtagfox’s detriment.

Eligibility Criteria.
You hereby represent and warrant that You are thirteen (13) years of age or older at the time of using the Service. Our Service is not intended to use by persons under the age of thirteen (13). Entrants under eighteen (18) years of age affirm that you fully able and competent to enter into the provisions set out under the Terms of Service and that you possess the permission of a parent or legal guardian who has read and agreed to these Terms of Service, and who is fully responsible for the conduct and activities of the minor, including any and all legal liability that he or she may incur.

Termination of service.
Hashtagfox reserves the right to terminate your privilege of using all or any portion of the Service if you breach any of these Terms of Service of use. If Hashtagfox notices or otherwise discovers that you have posted material that infringes another party’s copyright or trademark rights or violates another party’s rights of privacy or publicity, Hashtagfox may terminate your access to the Service, including all of your privileges or accounts that you may have established in connection with the Service.

Disclaimer of Warranties

HashtagFox website or app, is provided “as is”. HashtagFox and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HashtagFox nor its suppliers and licensors, makes any warranty that the HashtagFox website will be error free or that access thereto will be continuous or uninterrupted. Please understand that you download from, or otherwise obtain content or services through, the HashtagFox website or app at your own discretion and risk.

General Representation and Warranty

You represent and warrant that (i) your use of the HashtagFox website or app will be in strict accordance with the HashtagFox Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content) and (ii) your use of the HashtagFox website will not infringe or misappropriate the intellectual property rights of any third party.

Data protection.

Hashtagfox will never sell your data to third parties. All our system are protected by strong encryption and we run continuous security checks to keep our databases safe.

Log Data

We want to inform you that whenever you use our Service, in a case of an error in the app we collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing our Service, the time and date of your use of the Service, and other statistics.

Service Providers

We may employ third-party companies and individuals due to the following reasons:

To facilitate our Service;

To provide the Service on our behalf;

To perform Service-related services; or

To assist us in analyzing how our Service is used.

We want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.