Terms of Service

1. Acceptance of Terms

By accessing or using Gradientor ("the Service"), operated by an individual based in Quebec, Canada, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms constitute a legally binding agreement between you and the Service operator. You must be at least 14 years of age to use this Service, in accordance with Quebec law. If you are under 18, you must have parental or guardian consent.

2. Description of Service

Gradientor is a web-based gradient design tool that allows users to create, customize, and export gradient designs. The Service includes:

• Gradient creation and editing tools
• Export functionality for various formats (PNG, JPG, CSS, Tailwind)
• Cloud storage of gradient designs
• Access to premium features through paid subscriptions

The Service is provided "as is" and "as available" without any warranties, express or implied.

3. User Accounts

To access certain features of the Service, you must create an account. You are responsible for:

• Providing accurate, current, and complete information
• Maintaining the security of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized use

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

4. Payment and Billing

4.1 Subscription Plans
Certain features of the Service require a paid subscription. Subscription details, including pricing and features, are described on our pricing page.

4.2 Payment Processing
All payments are processed through Stripe, Inc. By providing payment information, you authorize us to charge the applicable fees to your payment method. All prices are in USD unless otherwise specified.

4.3 Taxes
Prices do not include applicable taxes. You are responsible for all applicable federal, provincial (including Quebec Sales Tax), and local taxes.

4.4 Refunds and Cancellations
You may cancel your subscription at any time. Cancellations take effect at the end of the current billing period. No refunds are provided for partial billing periods, except as required by applicable law, including the Consumer Protection Act of Quebec.

4.5 Quebec Consumer Protection
In accordance with Quebec's Consumer Protection Act, you have specific rights regarding automatic renewal clauses. We will notify you before any automatic renewal of your subscription.

5. User Content and Intellectual Property

5.1 Your Content
You retain all rights to the gradient designs and content you create using the Service ("User Content"). By using the Service, you grant us a limited, non-exclusive, worldwide license to store, display, and process your User Content solely for the purpose of providing the Service to you.

5.2 Our Intellectual Property
The Service, including its original content, features, and functionality, is owned by the Service operator and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

5.3 Feedback
Any feedback, suggestions, or ideas you provide about the Service become our property and may be used without compensation to you.

6. Prohibited Uses

You agree not to use the Service to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights of others
• Upload malicious code or interfere with the Service's operation
• Attempt to gain unauthorized access to any part of the Service
• Harass, abuse, or harm other users
• Use the Service for any illegal or unauthorized purpose
• Engage in any activity that could damage or overburden our infrastructure
• Resell or redistribute the Service without authorization

7. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which complies with Quebec's Law 25 (Act to modernize legislative provisions respecting the protection of personal information) and the Personal Information Protection and Electronic Documents Act (PIPEDA).

We are committed to protecting your personal information in accordance with Quebec and Canadian privacy laws. You have the right to access, rectify, and request deletion of your personal information.

8. Limitation of Liability

8.1 Disclaimer of Warranties
THE SERVICE IS 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, AND NON-INFRINGEMENT.

8.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING THE CIVIL CODE OF QUEBEC, IN NO EVENT SHALL THE SERVICE OPERATOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

8.3 Quebec Residents
For residents of Quebec, the limitations of liability set forth above shall apply only to the extent permitted by the Civil Code of Quebec and other applicable Quebec laws. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

8.4 Maximum Liability
Our total liability to you for any damages shall not exceed the amount you have paid to us in the twelve (12) months preceding the event giving rise to the liability, or one hundred Canadian dollars (CAD $100), whichever is greater.

9. Indemnification

You agree to defend, indemnify, and hold harmless the Service operator from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. You may request a copy of your User Content for a period of 30 days following termination, after which we may delete your data.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any dispute arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec, District of Montreal.

Dispute Resolution for Quebec Consumers
In accordance with Quebec consumer protection laws, before initiating legal proceedings, we encourage you to contact us directly to seek a resolution. Quebec residents may also have recourse to mediation or other alternative dispute resolution mechanisms.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last Updated" date. For significant changes, we will provide additional notice through email or the Service interface.

Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

13. Contact Information

For questions about these Terms of Service, please contact us at:

Language Rights
In accordance with Quebec's Charter of the French Language, you have the right to communicate with us in French. Ces conditions de service sont disponibles en français sur demande.