These Terms of Use (“Terms”) govern your access to and use of the Sphena mobile application and related services (collectively, the “Services”), provided by Sphena Team (“Sphena”, “we”, “us”, or “our”).
Eligibility (17+)
The Services are intended for users aged 17 and above. By using the Services, you represent that you are at least 17 years old and have the legal capacity to enter into these Terms.
The Services
Sphena helps you protect your images and showcase your brand by adding custom watermark text to photos. Features may include:
- Selecting (uploading) an image from your device.
- Creating and applying watermark text with configurable font, size, and position.
- Previewing layout effects.
- Viewing an edit history to revisit prior edits.
We may modify, suspend, or discontinue parts of the Services at any time to the extent permitted by law.
Accounts
Some features may require an account. You agree to provide accurate information and keep your credentials secure. You are responsible for activity under your account.
Your Content
“Content” means photos, images, watermark text, profile information, and other materials you submit, upload, or generate through the Services. You retain ownership of your Content.
You grant Sphena a limited, non-exclusive, worldwide, royalty-free license to host, process, and display your Content solely to provide and operate the Services (for example, to generate a watermarked image and show previews/history), and to comply with law.
No training / no marketing use: We do not use your photos or watermark text to train machine learning models or for advertising/marketing.
Acceptable Use
- Do not use the Services in violation of law.
- Do not infringe intellectual property, privacy, or other rights.
- Do not upload content you do not have the right to use.
- Do not disrupt the Services or attempt unauthorized access.
- Do not reverse engineer except where prohibited by law.
Intellectual Property
The Services (including software, design, and trademarks) are owned by Sphena Team or licensors and are protected by law. Except as expressly permitted, you may not copy, modify, distribute, or create derivative works from the Services.
Purchases and Subscriptions (If Applicable)
If paid features are offered, the app store’s purchase flow and rules apply. We do not provide refunds except as required by law or app store policies.
Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. We do not guarantee uninterrupted, error-free, or secure operation.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPHENA TEAM IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL. OUR TOTAL LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) IN THE 12 MONTHS BEFORE THE CLAIM, OR USD $10, WHICHEVER IS GREATER, UNLESS A DIFFERENT LIMITATION IS REQUIRED BY LAW.
Indemnification
You agree to indemnify and hold harmless Sphena Team from claims arising out of your Content, your use of the Services, or your violation of these Terms.
Termination
We may suspend or terminate access if you violate these Terms or if needed to protect the Services, users, or our rights. You may stop using the Services at any time.
Changes
We may update these Terms by updating the Effective Date above. Continued use means you accept the updated Terms to the extent permitted by law.
Governing Law; Binding Arbitration
Governing law will be the laws of the jurisdiction of Sphena Team’s principal place of business. Disputes will be resolved by binding arbitration in English by a single arbitrator under the rules of a recognized arbitration institution, except where prohibited by law. To the extent permitted by law, you and Sphena Team waive the right to a jury trial and to participate in class actions.
Miscellaneous
- Severability: if any part is unenforceable, the rest remains in effect.
- Assignment: you may not assign these Terms without consent; we may assign them in a business transfer.
- Entire agreement: these Terms are the entire agreement regarding the Services.