Company: SIA MARDER
Application: PositiveFox
Registered Address: Duntes iela 7-A3, Rīga, LV-1013, Latvia
Registration No.: 40203569991
Legal Contact: [email protected]
1. General Provisions and Acceptance of Terms
1.1 These Terms and Conditions (“Terms”) form a legally binding agreement between you (“User”, “you”) and SIA MARDER, a company incorporated under the laws of the Republic of Latvia (“Company”, “we”, “us”), governing your use of the PositiveFox mobile application and related services (collectively, the “App”).
1.2 PositiveFox provides a visualization service allowing users to preview how tattoos or artistic styles (e.g. realism, minimalism, graphics) might appear on an uploaded body image. It is not an exact digital simulation or professional recommendation but an artistic AI-based visualization. Results are indicative only and may differ from real-life outcomes.
1.3 By installing, registering for, or using the App, you confirm that you have read, understood, and agree to these Terms. If you do not agree, you must not use the App.
1.4 The Privacy Policy and Cookie Policy are integral parts of these Terms. In case of conflict, mandatory law prevails.
2. Changes to the Terms
2.1 We may update these Terms from time to time. The updated version takes effect once published in the App or on our website with the new “Last Updated” date.
2.2 For material changes, we will take reasonable steps to notify users (e.g. via in-app notice or email). Continued use after publication constitutes acceptance of the updated Terms.
3. Eligibility and Age Restrictions
3.1 The App is intended for individuals who have reached the digital age of consent in their country (13–16 years old within the EU). Persons below that age may not use the App.
3.2 If you are under 18 but above the digital age of consent, you confirm that a parent or guardian has been informed. Where parental consent is legally required, we may request verification and restrict or delete an account if such consent is not proven.
3.3 The App is not directed to children, and we do not knowingly collect personal data from anyone below the digital age of consent.
3.4 Any nudity, sexual material, or content depicting minors is strictly prohibited.
3.5 If you believe a child has provided us with personal data without consent, contact [email protected] and we will promptly remove it.
4. Account Registration and Security
4.1 Certain functions require registration. You must:
(i) provide accurate information;
(ii) keep login credentials confidential; and
(iii) notify us immediately of any unauthorized access.
4.2 You are responsible for all activity under your account unless proven otherwise.
4.3 We may suspend or delete accounts that violate these Terms or applicable law or pose risks to users or our reputation.
5. Acceptable Use and Prohibited Content
5.1 You may not upload, generate, or distribute content that:
(a) contains pornography, nudity, sexual material, or violence;
(b) is illegal (terrorism, drugs, weapons, extremism);
(c) infringes copyright, trademarks, image or privacy rights;
(d) contains malware, spam, fraud, or misinformation; or
(e) promotes hate, discrimination, or defamation.
5.2 You may not circumvent security, reverse engineer, decompile, overload, or interfere with the App or its APIs.
5.3 We may remove content or restrict users without notice when necessary to protect users, comply with law, or maintain service integrity.
6. User Content Guarantees
6.1 You warrant that you own or have lawful rights to the content you upload and that all depicted persons have consented.
6.2 You agree to indemnify the Company against any third-party claims or losses arising from your content.
7. User Content Rights and Company License
7.1 You retain ownership of your content but grant the Company a worldwide, royalty-free, transferable, sub-licensable license to store, reproduce, process, translate, and use it as needed to provide and improve the App, including moderation, backup, and AI training.
7.2 We will not use your content in advertising without your separate consent.
7.3 The license lasts while your account is active and for a reasonable backup or legal-retention period thereafter. Personal data are deleted or anonymized once legally possible.
7.4 By uploading images of others, you confirm their consent.
7.5 We do not perform biometric identification or facial recognition.
8. AI Features and Outputs
8.1 AI results are automatically generated and may incidentally resemble existing works or contain visual inaccuracies. We make no warranty as to uniqueness, fitness for purpose, or non-infringement.
8.2 You receive a personal, non-exclusive license to use AI outputs (“Outputs”) for lawful personal or commercial purposes. You must not use Outputs for defamation, discrimination, or unlawful acts.
8.3 You own Outputs you lawfully create, subject to third-party rights. The Company retains rights in its software, models, and styles.
8.4 Outputs are not medical, dermatological, or professional advice. Always consult a qualified tattoo artist before applying a design.
9. Tokens, Subscriptions, Payments, Renewals, and Refunds
9.1 The App may offer paid features via subscriptions or virtual “tokens.”
9.2 Purchases are processed through the Apple App Store or Google Play and governed by their terms, including billing, currency, taxes, and refund policies.
9.3 Subscriptions renew automatically until cancelled through your App Store / Google Play account settings.
9.4 If a free trial or introductory offer is provided, regular billing begins when the trial ends unless cancelled beforehand.
9.5 We will notify you of any price changes in advance; new prices apply to future billing periods.
9.6 By purchasing digital content, you consent to immediate delivery and waive the EU 14-day withdrawal right to the extent permitted by law.
9.7 Tokens are not real currency, have no cash value, and cannot be transferred or exchanged. All token sales are final unless required by law or store policy.
9.8 Prices and features may change prospectively without affecting completed purchases.
9.9 If your account is suspended or deleted for violations, tokens or subscriptions may be cancelled without refund.
10. Third-Party Services and SDKs
10.1 We use third-party payment, analytics, cloud, and AI services. Their operation and privacy are governed by their own terms.
10.2 We are not liable for outages or issues caused by such third-party services to the extent permitted by law.
10.3 By using the App, you also agree to the applicable terms of Apple, Google, and our technology partners.
10.4 Apple and Google are not responsible for App support; support inquiries should be directed to us.
11. Suspension and Termination
11.1 We may restrict or terminate access to the App at our discretion, including for:
(a) breach of these Terms or law;
(b) security or reputation risks;
(c) fraud or abuse; or
(d) lawful requests from authorities.
11.2 Deleted accounts and data are generally unrecoverable. Tokens and subscriptions are void.
11.3 We may modify, suspend, or discontinue any part of the App without liability, though we will give notice when reasonably possible.
12. Data Protection and Privacy (GDPR / CCPA)
12.1 Personal data are processed in accordance with our Privacy Policy and applicable laws (GDPR, UK GDPR, CCPA, CPRA).
12.2 By uploading photos of your body or face, you expressly consent to their processing solely for App functions. We do not identify individuals or create biometric profiles. You may withdraw consent in settings, though functionality may be limited.
12.3 You have rights of access, rectification, erasure, restriction, portability, and objection. Requests may be sent to [email protected]. You may also lodge a complaint with your national data-protection authority.
13. Intellectual Property
13.1 The App, code, design, databases, AI models, and trademarks are owned by the Company or its licensors and protected by law.
13.2 You are granted a limited, non-transferable license for personal, non-commercial use.
13.3 Without written consent you may not copy, modify, resell, sublicense, rent, or use App elements for AI training or misleading association with our brand.
13.4 Reverse engineering or decompilation is prohibited except where expressly allowed by law.
14. Feedback
Any feedback, suggestions, or ideas you submit are non-confidential, and we may use them freely without compensation.
15. Anti-Fraud and Geo Restrictions
15.1 We may apply limits on generation volume, file size, or request frequency, and use device- or payment-risk tools (including device fingerprinting) to prevent abuse.
15.2 We may deny service to high-risk users or restricted jurisdictions.
16. Force Majeure
We are not liable for failure or delay caused by events beyond our control, including natural disasters, wars, strikes, pandemics, government actions, power or network failures, sanctions, or cyber-attacks.
17. Beta Features
Beta or experimental functions are provided “as is,” may change or be removed without notice, and data may be deleted without recovery.
18. Disclaimer of Warranties
The App is provided “as is” and “as available.” We do not guarantee uninterrupted or error-free operation, compatibility, accuracy, or fitness for a particular purpose. AI outputs may contain minor visual inaccuracies or artifacts inherent to automated systems.
All implied warranties are excluded to the extent permitted by law.
19. Limitation of Liability
19.1 To the maximum extent permitted by law, the Company and its affiliates shall not be liable for any indirect, incidental, special, punitive, or consequential losses, including loss of profits, data, or income.
19.2 Total liability shall not exceed the greater of €100 or the amount paid by you to the Company during the preceding three months.
19.3 These limits do not apply to intentional misconduct or harm to life or health where such limitations are prohibited by law.
20. Indemnification
You agree to defend and hold harmless the Company and its employees from any claims, losses, or expenses (including reasonable legal fees) arising from: (i) your content; (ii) your violation of law or these Terms; or (iii) misuse of the App or Outputs.
21. Copyright Infringement (DMCA / EU)
21.1 We respond to proper copyright notices and terminate repeat infringers.
21.2 A notice must include: identification of the work, the infringing material, contact details, a good-faith statement, and signature.
21.3 Counter-notices must include a basis for restoration, signature, and jurisdiction consent. We typically respond within 10 business days.
21.4 Three confirmed violations within a reasonable period may lead to account termination.
21.5 Contact: [email protected]
22. Governing Law and Dispute Resolution
22.1 These Terms are governed by the laws of the Republic of Latvia, without regard to conflict of laws. Mandatory consumer rights of your country remain unaffected.
22.2 All disputes shall be resolved by the Arbitration Institute of the Latvian Chamber of Commerce and Industry (1 arbitrator, language English or Latvian, venue Riga). The Company may seek injunctive relief in court where necessary.
22.3 Class action waiver: you agree not to participate in class or representative actions to the extent permitted by law.
22.4 EU Online Dispute Resolution information is available on the EU ODR platform; participation is voluntary.
23. Export Control and Sanctions
You confirm that you are not located in, or associated with, any country or entity subject to EU, U.S., or UK sanctions and will not use the App in violation of export laws or for prohibited purposes.
24. Taxes, Pricing, and Promotions
Prices may include or exclude VAT depending on store rules. Currency conversion is handled by the store or payment provider. Invoices are issued by those providers. Promotional offers are time-limited and non-transferable.
25. Third-Party Beneficiaries
Apple Inc. and Google LLC are third-party beneficiaries of these Terms regarding apps distributed on their platforms and may enforce relevant provisions. They bear no support or warranty obligations.
26. Notices
Legal notices are considered delivered when posted in the App, sent to your registered email, or displayed via push notification. Notices to the Company must be sent to [email protected].
27. Language
These Terms may be available in multiple languages; in case of discrepancy, the English version prevails.
28. Assignment, Waiver, Severability, Survival
28.1 The Company may assign its rights or obligations to affiliates or successors without notice; you may not assign without our written consent.
28.2 Failure to exercise a right is not a waiver.
28.3 If any provision is invalid, the remainder remains effective; the invalid term shall be replaced by one closest to its intent.
28.4 Sections that by their nature survive termination (including 7–12 and 14–23) remain in effect.
29. Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and the Company and supersede any prior understandings.
30. Contact
SIA MARDER
Duntes iela 7-A3, Rīga, LV-1013, Latvia
Registration No.: 40203569991
Email: [email protected]