Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the GraffitAid website, mobile applications, APIs, or any related services (collectively, the "Service"), operated by GraffitAid Global Foundation ("GraffitAid," "we," "us," or "our"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy, which is incorporated by reference.

If you do not agree to all of these Terms, you must not access or use the Service. Your continued use of the Service following any changes to these Terms constitutes acceptance of those changes.

2. Description of Service

GraffitAid provides a comprehensive global platform that enables users to:

• Create, share, and engage with digital "bricks" and campaigns promoting social awareness and positive change
• Express views on various social, environmental, and humanitarian causes through visual and textual content
• Discover and support campaigns created by other users worldwide
• Make donations to support causes and campaigns
• Connect with like-minded individuals and organizations
• Access educational resources and tools for social activism

The Service includes our website, mobile applications, APIs, widgets, and any other features, technologies, or functionalities we may offer.

3. Eligibility and Registration

Age Requirements

• Minimum Age: You must be at least 13 years old to use our Service (16 years old in the European Union)
• Parental Consent: If you are between 13-17 years old (13-15 in the EU), you must have parental or guardian consent
• Adult Supervision: We recommend adult supervision for users under 18 when creating content or making donations

Legal Capacity

You must have the legal capacity to enter into contracts in your jurisdiction. If you are registering on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Geographic Restrictions

Our Service may not be available in all countries or regions. You are responsible for ensuring that your use of the Service complies with all applicable local laws and regulations.

4. User Accounts and Security

Account Creation

• Accurate Information: You must provide accurate, current, and complete information during registration
• Single Account: You may only maintain one active account unless specifically authorized by us
• Account Verification: We may require identity verification for certain features or activities
• Professional Accounts: Organizations and verified public figures may be eligible for special account features

Account Security

• Password Security: Use a strong, unique password and enable two-factor authentication when available
• Account Monitoring: Regularly monitor your account for unauthorized activity
• Immediate Notification: Report any security breaches or unauthorized access immediately
• Account Sharing: Do not share your account credentials with others

Account Responsibility

You are solely responsible for all activities that occur under your account, including actions by authorized users, employees, or agents if you represent an organization.

5. User-Generated Content

Content Ownership

You retain ownership of all intellectual property rights in the content you create and share on the Service ("User Content"), including text, images, videos, audio, and other materials.

License Grant to GraffitAid

By posting User Content, you grant GraffitAid a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to:

• Use, reproduce, distribute, display, and perform your User Content
• Create derivative works for platform optimization and accessibility
• Promote the Service and showcase user content (with attribution)
• Moderate content for safety and compliance purposes

This license continues until you delete your content or terminate your account, except for content that has been shared or cached by other users.

Content Standards

All User Content must comply with our Community Guidelines and applicable laws. You agree not to post content that:

• Violates any applicable laws or regulations
• Infringes upon intellectual property or privacy rights
• Contains hate speech, harassment, or discriminatory content
• Promotes violence, illegal activities, or harmful behavior
• Contains false, misleading, or deceptive information
• Includes spam, malware, or malicious code
• Violates the privacy of others (doxxing, unauthorized personal information)

Content Moderation

We reserve the right to review, modify, or remove User Content that violates these Terms or our Community Guidelines. We may use automated tools and human review for content moderation.

Backup and Data Loss

While we implement reasonable backup procedures, you are responsible for maintaining your own backups of important content. We are not liable for any loss of User Content.

6. Community Guidelines

Respectful Interaction

• Treat all community members with respect and dignity
• Engage in constructive dialogue and debate
• Respect diverse viewpoints and cultural differences
• Use inclusive language and avoid discriminatory terms

Authentic Content

• Share genuine, original content and experiences
• Clearly identify sponsored or promotional content
• Provide accurate information and cite sources when appropriate
• Avoid impersonation or misrepresentation

Constructive Engagement

• Focus on positive social change and meaningful causes
• Provide constructive feedback and criticism
• Support fellow activists and organizations
• Share resources and knowledge to help others

7. Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

Illegal Activities

• Using the Service for any illegal purpose or in violation of any applicable laws
• Facilitating money laundering, terrorism financing, or other financial crimes
• Promoting or facilitating illegal drugs, weapons, or other prohibited items
• Violating export control or sanctions laws

Harmful Behavior

• Harassing, threatening, stalking, or intimidating other users
• Posting content that promotes self-harm or suicide
• Engaging in cyberbullying or targeted harassment campaigns
• Sharing non-consensual intimate images or deepfakes

Technical Violations

• Attempting to gain unauthorized access to our systems or other users' accounts
• Interfering with the proper functioning of the Service
• Circumventing security measures or access controls
• Using automated tools to scrape data or create fake accounts
• Introducing viruses, malware, or other malicious code

Commercial Violations

• Using the Service primarily for commercial advertising without permission
• Selling or transferring your account to another party
• Engaging in pyramid schemes, multi-level marketing, or similar practices
• Misrepresenting charitable organizations or causes

8. Donations and Payments

Payment Processing

All donations and payments are processed through secure third-party payment processors, including Stripe and PayPal. By making a donation, you agree to the terms and conditions of our payment processors.

Donation Terms

• Non-refundable: All donations are final and non-refundable unless required by law
• Tax Implications: You are responsible for any tax implications of your donations
• Verification: We may verify the legitimacy of campaigns and recipients
• Processing Fees: Payment processing fees may be deducted from donations

Campaign Fundraising

• Campaign creators must accurately represent their cause and intended use of funds
• We reserve the right to suspend campaigns that violate our policies
• Funds may be held pending verification of campaign legitimacy
• Campaign creators are responsible for compliance with applicable fundraising laws

For detailed information, please review our Payments & Refund Policy.

9. Intellectual Property Rights

GraffitAid's Intellectual Property

The Service and all materials therein, including software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other users, but excluding your own User Content, are the intellectual property of GraffitAid Global Foundation and our licensors.

Permitted Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes.

Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of our Service
• Reverse engineer or attempt to extract source code from our software
• Use our trademarks, logos, or brand elements without written permission
• Create derivative works based on our Service

Trademark Policy

We respect the intellectual property rights of others and expect our users to do the same. Our trademark policy provides guidance on the appropriate use of trademarks within user content.

10. DMCA and Copyright Policy

Copyright Respect

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA). We will respond to clear notices of alleged copyright infringement.

Filing a DMCA Notice

To file a DMCA takedown notice, please provide:

• A description of the copyrighted work you claim has been infringed
• A description of where the infringing material is located on our Service
• Your contact information (address, telephone number, email)
• A statement that you believe in good faith that the use is not authorized
• A statement that the information is accurate and you are authorized to act
• Your physical or electronic signature

DMCA Contact

Send DMCA notices to: dmca@graffitaid.com

Counter-Notifications

If you believe your content was wrongly removed, you may file a counter-notification following DMCA procedures.

Repeat Infringer Policy

We will terminate accounts of users who are repeat copyright infringers in appropriate circumstances.

11. Privacy and Data Processing

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your information when you use our Service. By using our Service, you consent to the collection and use of information in accordance with our Privacy Policy.

Data Processing

• We process personal data in accordance with applicable privacy laws
• You have rights regarding your personal data as outlined in our Privacy Policy
• We implement appropriate security measures to protect your data
• Data may be transferred internationally as described in our Privacy Policy

12. Third-Party Services and Links

Integration with Third Parties

Our Service may integrate with or contain links to third-party websites, applications, or services, including:

• Social media platforms (Facebook, Twitter, Instagram)
• Payment processors (Stripe, PayPal)
• Analytics services (Google Analytics)
• Cloud storage providers (Google Drive, AWS)

Third-Party Responsibility

We are not responsible for the content, privacy policies, or practices of any third-party services. Your interactions with third-party services are governed by their respective terms and privacy policies.

API and Widget Usage

If you use our APIs or embed our widgets on external websites, additional terms may apply as outlined in our Developer Agreement.

13. Platform Availability and Maintenance

Service Availability

While we strive to maintain continuous service availability, we do not guarantee that the Service will be available 100% of the time. The Service may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Emergency maintenance or security measures
• Third-party service disruptions
• Force majeure events

Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will provide reasonable advance notice for significant changes when possible.

14. Mobile Application Terms

App Store Terms

If you download our mobile application from an app store (Apple App Store, Google Play Store), you acknowledge and agree that:

• These Terms are between you and GraffitAid, not the app store provider
• The app store provider has no obligation to provide support services
• App store terms and policies also apply to your use of the app

Mobile-Specific Features

• Push Notifications: You may receive push notifications, which you can control in your device settings
• Location Services: Some features may request access to your location with your permission
• Camera and Photos: The app may request access to your camera and photo library for content creation

15. API and Developer Terms

API Access

If you use our APIs, you agree to:

• Comply with our API documentation and usage guidelines
• Not exceed rate limits or abuse API endpoints
• Properly attribute GraffitAid when displaying our content
• Maintain the security of your API credentials

Developer Responsibilities

• Ensure your application complies with these Terms
• Implement appropriate privacy and security measures
• Provide accurate information about your application's functionality
• Respond promptly to user support requests

16. Account Termination

Termination by You

You may terminate your account at any time by accessing your account settings or contacting us. Upon termination:

• Your account will be deactivated
• Your User Content may be removed (subject to legal retention requirements)
• You will lose access to any paid features or subscriptions

Termination by GraffitAid

We may terminate or suspend your account immediately, without prior notice, for:

• Violation of these Terms or our Community Guidelines
• Illegal activity or behavior harmful to other users
• Extended periods of account inactivity
• At our sole discretion for any reason

Effect of Termination

Upon termination, all rights and licenses granted to you will immediately cease, and you must stop using the Service.

17. Disclaimers and Warranties

Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
• UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION
• ACCURACY OR RELIABILITY OF CONTENT OR INFORMATION

User Content Disclaimer

We do not endorse, verify, or guarantee the accuracy of User Content. Users are solely responsible for their content and interactions with other users.

Third-Party Content

We are not responsible for third-party content, services, or websites linked to or integrated with our Service.

18. Limitation of Liability

Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL GRAFFITAID, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO YOUR ACCOUNT
• DAMAGES RESULTING FROM USER CONTENT OR CONDUCT OF OTHER USERS

Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID TO US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

19. Indemnification

You agree to indemnify, defend, and hold harmless GraffitAid, its officers, directors, employees, agents, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your User Content
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property, privacy, or publicity rights
• Any claim that your User Content caused damage to a third party

20. Dispute Resolution and Arbitration

Informal Resolution

Before filing any formal dispute, you agree to try to resolve the dispute informally by contacting us at legal@graffitaid.com. We will attempt to resolve the dispute through good faith negotiations.

Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration, except for:

• Claims for injunctive or equitable relief
• Intellectual property disputes
• Small claims court matters

Arbitration Rules

Arbitration will be conducted under the rules of the Indian Arbitration and Conciliation Act, 2015, with the following provisions:

• The arbitration will be conducted in English
• The seat of arbitration will be Mumbai, India
• Each party will bear their own costs and fees

Class Action Waiver

You agree that any arbitration or legal proceeding will be conducted only on an individual basis and not as part of a class, collective, or representative action.

21. Governing Law and Jurisdiction

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Jurisdiction

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in Mumbai, India.

Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

22. International Compliance

Export Controls

You acknowledge that the Service may be subject to export control laws and regulations. You agree not to export, re-export, or transfer the Service to any prohibited country, person, or entity.

Local Laws

You are responsible for ensuring that your use of the Service complies with all applicable local, state, national, and international laws and regulations in your jurisdiction.

Sanctions Compliance

You represent that you are not located in, or a citizen or resident of, any country subject to comprehensive sanctions, and you are not on any government restricted party list.

23. Accessibility

We are committed to making our Service accessible to users with disabilities. We strive to comply with applicable accessibility standards, including the Web Content Accessibility Guidelines (WCAG). If you encounter accessibility barriers, please contact us at accessibility@graffitaid.com.

24. Changes to These Terms

Modification Rights

We reserve the right to modify these Terms at any time. When we make material changes, we will:

• Notify you by email if you have an account
• Post a notice on our website and mobile application
• Update the "Last Updated" date
• Provide at least 30 days' notice for significant changes

Acceptance of Changes

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you disagree with the changes, you must stop using the Service and may terminate your account.

25. Severability and Survival

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

Survival

The following sections will survive termination of these Terms: User-Generated Content (license grants), Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and Governing Law.

26. Contact Information

If you have any questions, concerns, or feedback about these Terms, please contact us: