Terms of Service

Introduction

Meme Studio (“Service”) is offered by Solid Technologies AG (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your use of the Meme Studio website, services, and features (collectively, the “Service”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you may not use the Service.

1. Acceptance of Terms

By creating an account or otherwise using the Service, you acknowledge that you have read, understood, and agree to these Terms, our Privacy Policy, and our Cookie Policy (incorporated herein by reference). If you do not agree to all of the terms and policies, you must discontinue use of the Service.

2. Eligibility

1. Age Requirement: You must be at least 13 years old (or the minimum legal age in your jurisdiction) to use the Service. If you are under 18, you may only use the Service with the involvement of a parent or guardian who agrees to be bound by these Terms.
2. Legal Compliance: You are solely responsible for ensuring that your use of the Service is in compliance with all applicable laws, rules, and regulations, including data protection laws in your jurisdiction.

3. Description of the Service

Meme Studio provides tools and templates that allow you to:

1. Create memes using our predesigned templates.
2. Upload your own images (provided you have the legal rights to do so).
3. Download and distribute the created memes (e.g., social media, newsletters, and other platforms).

We offer both free and paid tiers with varying features. For details, refer to Section 7 of these Terms.

4. Account Registration and Security

1. Account Creation: You may need to create an account to access certain features of the Service. You agree to provide accurate, current, and complete information when creating your account.
2. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized use.

5. User Content

1. Ownership: Any images, text, or other materials you upload (“User Content”) remain your property. By uploading User Content, you represent and warrant that you own or have all necessary rights to use and distribute that content.
2. License to Us: By uploading or creating content through the Service, you grant Solid Technologies AG a non-exclusive, worldwide, royalty-free license to store, display, reproduce, and distribute your content solely for the purpose of operating and improving the Service.
3. Responsibility: You are solely responsible for any User Content you create, upload, post, or distribute. You must ensure that your User Content does not violate any applicable law or infringe any third-party rights.
4. Monitoring and Removal: We reserve the right to remove or disable access to any User Content that violates these Terms or is otherwise objectionable in our discretion.

6. Intellectual Property

1. Our Intellectual Property: The Service, including all templates, software, features, designs, and related intellectual property, is owned by or licensed to Solid Technologies AG. You may not reproduce, modify, distribute, or create derivative works of our intellectual property without our prior written consent.
2. Trademarks: All trademarks, service marks, and trade names (e.g., “Meme Studio,” “Solid Technologies AG”) are owned or licensed by us. You may not use any of our trademarks without our express written permission.

7. Free and Paid Tiers

1. Free Tier: Offers basic features for creating and downloading memes. Some limitations (e.g., usage limits or watermarks) may apply.
2. Paid Tier: Offers enhanced features, additional templates, or higher usage limits. Fees may be charged on a subscription or one-time basis, as detailed during the signup process.
3. Billing and Payment: If you choose a paid tier, you agree to pay all applicable fees. All payments are non-refundable unless otherwise stated in our refund policy or required by law.
4. Changes to Fees: We reserve the right to change our pricing. We will provide you notice prior to any fee changes.

8. Prohibited Conduct

You agree not to:

1. Violate any applicable law, regulation, or third-party right (including intellectual property rights).
2. Upload, create, or distribute content that is unlawful, defamatory, abusive, threatening, harassing, hateful, or otherwise objectionable.
3. Use the Service to transmit spam, viruses, or other malicious code.
4. Attempt to access or tamper with non-public areas of the Service, our computer systems, or our providers’ technical systems.
5. Scrape, crawl, or use automated means to extract data from the Service without our express permission.

9. Termination

1. Termination by You: You may stop using the Service or cancel your account at any time.
2. Termination by Us: We may suspend or terminate your access to the Service at any time, for any reason, including violation of these Terms. We will make reasonable efforts to provide notice of such termination.
3. Effect of Termination: Upon termination, your right to use the Service will immediately cease. Sections that by their nature should survive termination will survive.

10. Disclaimer of Warranties

1. As Is: The Service is provided on an “as is” and “as available” basis, without warranties of any kind, express or implied.
2. No Guarantee: We do not guarantee that the Service will be uninterrupted, secure, or error-free, or that your User Content will not be lost or damaged.
3. Firebase Infrastructure: The Service is built on Firebase. We are not responsible for any downtime or data loss caused by Firebase or other third-party services.

11. Limitation of Liability

1. No Liability for Certain Damages: To the fullest extent permitted by law, Solid Technologies AG shall not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues.
2. Cap on Liability: In no event shall our total liability exceed the amount you paid to us for use of the Service in the 12 months preceding the event giving rise to liability, or one hundred US dollars (US$100), whichever is greater.
3. Some Jurisdictions: Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the limitations above may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Solid Technologies AG, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your use of the Service, your User Content, or your violation of these Terms.

13. Governing Law and Dispute Resolution

1. Governing Law: These Terms and any disputes arising out of or related to these Terms will be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.
2. Forum: Any legal action or proceeding related to these Terms shall be brought exclusively in the courts located in Luzern, Switzerland, and you consent to the personal jurisdiction of such courts.

14. Modifications to the Terms

We may update these Terms at any time in our discretion. If we make material changes, we will notify you by posting the revised Terms on our website and updating the “Last Updated” date above. By continuing to use the Service after changes become effective, you agree to the revised Terms.

15. Privacy and Cookie Policy

1. Privacy Policy: Our Privacy Policy explains how we collect, use, share, and protect your personal data. By using the Service, you acknowledge that you have read and understood our Privacy Policy.
2. Cookie Policy: Our Cookie Policy explains what cookies and similar technologies we use and why. It also explains how you can manage your preferences.

16. Contact Information

Service Provider: Solid Technologies AG
Data Protection Officer: Lea Sommer, lea@memestudio.com

If you have any questions, concerns, or feedback regarding these Terms, please contact us at the email above.