1) Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of Mockup Maestro (the "Service"), provided by Colony Pictures LLC ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Order of precedence. If you signed a separate written agreement with us for the Service, that agreement controls to the extent of any direct conflict with these Terms.
2) Eligibility; Accounts; Security
- You must be at least 13 years old (or older where required by law) and capable of forming a binding contract.
- You are responsible for your account credentials and all activity under your account. Notify us immediately of unauthorized use.
- We may refuse, suspend, or terminate accounts at our discretion consistent with these Terms.
3) Subscriptions, Free Trials, Billing and Taxes
- Fees and auto-renewal. Paid plans renew automatically each term unless you cancel before renewal. By subscribing, you authorize recurring charges to your payment method at the then-current price.
- Price changes. We may change prices prospectively with reasonable notice. Continued use after the effective date constitutes acceptance.
- Cancellations. You can cancel at any time in your account settings; access continues through the current term.
- Refunds. Unless required by law, fees are non-refundable and non-creditable.
- Free trials. At trial end your plan converts to a paid subscription unless you cancel.
- Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes.
California Automatic Renewal Disclosure. For California consumers, before purchase we will present the renewal terms clearly and obtain your affirmative consent; you will receive post-purchase acknowledgment with cancellation instructions; you may cancel online at any time via account settings.
4) Acceptable Use
You will not, and will not permit others to:
- Violate any law or third-party right (including IP, privacy, publicity).
- Upload content that is unlawful, infringing, harmful, deceptive, or abusive.
- Attempt to interfere with or compromise the Service (for example malware, scraping beyond documented APIs, or DDoS).
- Reverse engineer, decompile, or try to access non-public features or data.
- Misrepresent your identity or affiliation, or bypass access controls or quotas.
5) Your Content; Limited License to Us
You retain all rights to designs, files, and other content you submit ("User Content"). We do not claim ownership. You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, and display User Content solely to provide, maintain, secure, and support the Service and to comply with law. We have no independent commercial interest in your User Content. Except as strictly necessary to provide and protect the Service (or as required by applicable law), we do not access, use, analyze, disclose, sell, license, or otherwise exploit your User Content for any secondary purpose, including advertising, marketing, profiling, model training, or data brokerage.
You represent and warrant you have all rights needed for your use of the Service and that your User Content does not violate law or third-party rights.
Confidentiality. We will treat your non-public User Content as confidential and use it only as permitted above.
Feedback. If you provide feedback, you grant us a perpetual, irrevocable license to use it without restriction or compensation.
6) Third-Party Services and Integrations
The Service may interoperate with third-party services (for example Stripe for payments; Printify and Shopify for ecommerce workflows). Your use of third-party services is governed by those services' terms and privacy policies, and we are not responsible for them.
7) Intellectual Property; DMCA
The Service (excluding User Content) is our property and protected by IP laws. We respect IP rights and will respond to clear notices of alleged infringement under 17 U.S.C. Section 512.
DMCA agent: support@mockupmaestro.com. Your notice must include the elements required by Section 512(c)(3). We may remove or disable access to alleged infringing content and terminate repeat infringers.
8) Beta Features
We may offer pre-release or experimental features ("Beta"). Beta is provided "as is," may be modified or discontinued at any time, and is excluded from any commitments or support levels.
9) Service Changes; Availability; Support
We may modify or discontinue features at any time. We strive for high availability but do not guarantee uptime. Support is provided on a commercially reasonable basis via documented channels.
10) Privacy and Data Processing
Our Privacy Policy explains how we collect and use personal data. Where required, we will enter into a data processing agreement with customers acting as controllers.
11) Security
We apply industry-standard safeguards. No system is 100% secure, and you are responsible for appropriate backups of your User Content.
12) Indemnification
You will defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, and agents from claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service; (b) your User Content; or (c) your breach of these Terms or violation of law.
13) Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
14) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) USD $100. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS. IN THAT CASE, THEY APPLY TO THE MAXIMUM EXTENT PERMITTED.
15) Arbitration; Class-Action Waiver
Binding arbitration. Any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may seek injunctive relief in court for IP or security misuse. The Federal Arbitration Act governs interpretation and enforcement of this section. Venue: Los Angeles County, California. Language: English.
No class actions. Disputes must be brought only in your or our individual capacity; not as a plaintiff or class member in any class, consolidated, or representative action.
30-day opt-out. You may opt out by sending written notice to support@mockupmaestro.com within 30 days of your first use of the Service after these Terms take effect.
16) Export and Sanctions; Government Rights
You must comply with U.S. and other export control and sanctions laws. The Service is "commercial computer software" under FAR/DFARS; U.S. Government end-users acquire only those rights set forth in these Terms.
17) Term; Termination; Survival
We may suspend or terminate access for any violation of these Terms or to prevent harm. Upon termination, your right to use the Service ceases; certain provisions survive (including sections 5, 7, 10-16, and 18-21).
18) Force Majeure
We are not liable for delays or failures due to events beyond our reasonable control.
19) Assignment
You may not assign these Terms without our prior written consent. We may assign freely.
20) Notices
We may provide notices by email, in-product messages, or posting. Contact us at support@mockupmaestro.com.
21) Governing Law; Venue
California law governs, excluding conflicts principles. Subject to arbitration, exclusive jurisdiction and venue lie in the state and federal courts in Los Angeles County, California.
22) Changes to Terms
We may update these Terms from time to time. If changes are material, we will provide notice. Continued use after the effective date constitutes acceptance.
23) Miscellaneous
Entire agreement; severability; waiver only in writing; headings for convenience only.