TERMS OF USE

Effective as of February 22, 2023

These Terms of Service (as updated from time to time, the "Terms") is a legal agreement between user (“you”, “your” or “user”) and GOTOTOP LTD ("we", "us", "our", "App") and govern your access to and use of the our App – “Volmix - AI Art Generator” and all content related to it (hereinafter “App”, “Volmix”, “Service”). 

Please read these Terms carefully before downloading or using the App. It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By accepting these Terms, or using the App you agree to be bound by them. If you do not understand the Terms, or do not accept any part of them, then you should not use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control.

All the documents that relate to the App are hereby expressly incorporated herein by reference.

The App is provided by GOTOTOP LTD whose place of business is at 28 Oktovriou 367, MEDITERRANEAN COURT, 1st Floor, Flat/Office A5, 3107, Nicosia, Cyprus (e-mail: support@gototop.app).

1. THE SERVICE 

The Volmix App is a learning app that helps pre-k individuals learn & play. The game helps to develop different skills like spelling, writing, counting, creativity, critical thinking, communication, and others. There are many interactive educational games and lessons here that help educate every preschooler. Colorful graphics and sounds will help your pre-k person learn letters, ABCs, math and it helps to spend time usefully! 

Your use of the App requires you to download and use our App on iOS and Android from the App Store and Google Play, for which we grant you a personal, non-transferable and non-exclusive, non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (hereinafter “license”). You may use these products and services only for the purpose of accessing or using the App. The App is developed for entertainment purposes and non-commercial use.

2. ALTERATIONS AND UPDATES 

2.1. We may update these Terms from time to time to reflect any changes: (i) in our policies or relevant laws; (ii) in the functionality of the Service; or (iii) imposed on us by any third party suppliers. If you do not agree with the updated Terms you should stop using the Service. If you do not object to the updated Terms within a reasonable time after they are updated Terms are deemed accepted by you. 

2.2. We reserve the right to withdraw, take down or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments. Any changes will take into account your reasonable interests. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenance or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms. 

3. ACCESS/USE OF THE SERVICE 

3.1. You can access the Service either: via the App, by downloading the App. 

3.2. To access the App, you must be at least 16 years old in EU and not barred from using the App under applicable law. If you are under 18, your parent or guardian must review and accept the Terms, and by using the App, you confirm that your parent or guardian has so reviewed and accepted this Agreement. By using the Service, you promise to us that you accept these Terms. If we reasonably believe that you do not sufficiently fulfil these criteria, we may suspend your use of the Service until you have provided us with acceptable proof of age. 

Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.

3.3. To access the Service and use special features, you may need to register with us. To register, you must provide us any registration information that may include: your email address and password of your choosing, sometimes your phone number. Any content or information you submit through the Service is governed by the our Privacy Policy. Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

3.4. You are responsible for your account with us and any activity that takes place on your account, whether or not such activity was authorized by you. You must ensure that the details you provide to us are correct and kept up to date and that your password is, and remains, secure and confidential. You must inform us of any changes to the details you provided when registering with us. 

3.5. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.

3.6. We reserve the right to suspend or remove your account, cancel, reassign or disable and/or prohibit your use of the Service, without prior notice, if we believe there may have been a breach of security or if activities occur on your account that we believe breach these Terms. 

3.7. Access to and use of the Service requires a compatible device and internet connection. Although we are working to ensure that the Service is compatible across various devices, we cannot guarantee that the Service will work with all devices. The Service currently requires: or the App, smartphones running iOS 10.0/ Android 7.0 (or later) operating systems. 

 
3.8. It is your responsibility to ensure that your device complies with these requirements. Your use of the Service may vary in functionality, availability and quality depending on the type of the device and the operating system that it uses and app accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software). 

3.9. It is your responsibility to pay for all costs and expenses that you may incur while using the Service (including, but not limited to, all telephone call or line charges or Internet data service access charges). 

3.10. You shall not: resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App; copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorization of the Company; circumvent or disable any technological features or measures in the App for protection of intellectual property rights;use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; use App to engage in any illegal conduct; upload to transmit any communications that infringe or violate the rights of any party; upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the our's Privacy Policy; or upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.

Any such forbidden use shall immediately terminate your license to use the App.

4. USER-GENERATED CONTENT 

4.1. You are solely responsible for your use of the Service and any videos, words, information, messages, audio content and any other content that you upload to or create via the Service, whether privately transmitted or made publicly available. The App allows you to generate new original content based on your inputs and the parameters you set.  (together, "User Content"). 

Using the App, you expressly acknowledge and agree that any your input content and output content you generate via the App shall be dedicated and released into the public domain within the meaning and under the terms of CC0 1.0 Universal (CC0 1.0) Public Domain Dedication (check the terms here creativecommons.org). Granting your input content and output content generated via the App into the public domain under CC0 1.0 Universal (CC0 1.0) Public Domain Dedication includes, among other things, but is not limited to the following:
you hereby grant us and our successors, affiliates, agents, assigns or to anyone authorized to act on our behalf a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, assignable, sublicensable, no-cost rights and license to use, copy, reproduce, display, adapt, modify, create derivative works, incorporate into other works, distribute or otherwise commercially exploit your input content, as well as output content generated via the App for any purpose, in all media and through any distribution channels now known or hereinafter invented, including the display of such content to other users of the App.

It is your sole responsibility to familiarize yourself with legal terms of CC0 1.0 Universal (CC0 1.0) Public Domain Dedication in order to fully understand all legal effects of granting your input content and output content generated via the App into the public domain. 

4.2. You understand and agree to comply with all applicable laws in relation to your use of the Service and User Content. 

4.3. User Content, including but not limited information about user's Services preferences that User upload to the Service or create on his own account of the Services are encrypted and inaccessible to third parties. 

4.4. You shall at all times ensure that your User Content does not: contain any content, information or material that infringes the rights of any third party including copyright, trade mark rights, confidential information or rights of privacy; violate any applicable laws; contain any content or material that is offensive, abusive, defamatory, libelous, derogatory, bullying, discriminatory, obscene, violent, sexually explicit, indecent, which promotes or encourages violence, terrorism or any other illegal acts or which is likely to harass, upset, embarrass, alarm, inconvenience or annoy any person; in any way promote or incite anyone to commit or assist in any unlawful or criminal activity or anti-social behavior, or encourage activities which could endanger the safety or wellbeing of others; identify any person without their consent; disclose anyone's personal contact details or invade their privacy; contain any viruses or other malicious or harmful programs; or include any advertising or promotional messages. 

4.5. Furthermore, you understand and agree that you will not do or attempt to do, or cause any third party to do or attempt to do, any of the following in connection with your use of the Service: Use the Service or User Content available on the Service other than as expressly permitted by these Terms and the normal functionality of the Service; transmit other people's personal and/or confidential information, such as credit card numbers, account passwords etc.; use the Service for any illegal purpose, in an unlawful manner or in any manner inconsistent with these Terms; impersonate or pretend to be anyone else through your use of the Service; use the Service in a way that could damage, disable, overburden, impair or compromise the Service, our systems or security or interfere with other users; use any programme or other means, including but not limited to scripts, spiders and robots, whether manually or automatically, to extract, download, index, mine, scrape, reproduce or circumvent the presentation, operation or intended use of the Service or any features or functions of it; copy, modify, decompile or otherwise interfere with any part of the Service; make alterations to, or modifications of, the whole or part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs; hack into, or insert malicious code, including viruses, or harmful data, into, the Service; or infringe our intellectual property in relation to your use of the Service. 

4.6. You acknowledge and agree that we are merely a passive conduit and hosting service for User Content and that we play no active role in the distribution or presentation of User Content. 

4.7. We are under no obligation to monitor User Content posted on the Service and we cannot and do not take any responsibility for such User Content, nor do we endorse, support or guarantee the completeness, accuracy or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk. 

4.8. The app shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere. 

4.9. If we, in our sole discretion, believe that there has been a breach of these Terms, or we have reasonable grounds to believe that you are likely to breach these Terms, we may take any action we think is necessary to protect the Service and its users. We may withdraw your right to use the Service, remove your User Content from the service, take legal proceedings against you (for example, if we have had to pay damages because of your User Content, we will claim to get that amount back) and other action we deem appropriate. 

5. LICENSE OF THE SERVICE

Subject to your compliance with these Terms, app grants you a personal, worldwide, royalty-free, non- transferable and non-exclusive license to download and/ or use the Service, subject to these Terms and the Privacy Policy. Your license is for personal use strictly only. Any business-related activity or mass-download from the public library required a different license with additional terms and conditions. Any attempt to use the service for mainstream advertisement or for payable services without the additional license will be persecuted. 

6. OUR RIGHTS 

6.1. All rights, titles and interests in and to the Service (excluding content uploaded or otherwise provided by users) are and will remain the exclusive property of our app and its licensors. 

6.2. You are not permitted to use our trade name and logo without our prior approval. All trade names and trademarks not owned by us that may appear in our App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Such trademarks are used for identification purposes only.

6.2. You must not use, copy, modify, distribute, transfer, publicly display, publicly perform, broadcast or in any other way exploit our App or any User Content or Strongher Content published on it, unless it is your own content. Any collection, aggregation, copying, scraping, duplication, display or any derivative use of our App as well as the use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission is expressly prohibited. Nothing in these Terms gives you a right or license to do so, unless as expressly stated in these Terms. 

7. COPYRIGHT, REPORTING AND NOTICE & TAKEDOWN POLICY 

7.1. We respect the intellectual property rights of others and expects users of the Service to do the same. 

7.2. All our content in the App is created, reviewed by qualified experts, writers, and other contributors. We pay great attention to providing the most credible and recent information in our App to ensure the safety and quality of our content. We have strict sourcing guidelines and rely on peer-reviewed studies, academic research institutions, government agencies, and medical associations. Each piece of content is thoroughly researched using reliable, primary, and current sources of information. 

The App is using the following third party open source materials: https://replicate.com/stability-ai/stable-diffusion.

You may obtain a copy of license at: https://huggingface.co/spaces/CompVis/stable-diffusion-license.

7.3. If you discover any content in the Service that you believe infringes your copyright, please report this to us in writing including the following information: a statement that you have identified content in the Service that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; a description of the copyright work that you claim has been infringed; a description of the Content that you claim is infringing and details of where on the Platform the Content that you claim is infringing may be found; your contact information including your full name, address and telephone number and a valid email address on which you can be contacted; a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: a declaration, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of the exclusive copyright that is allegedly infringed; and your electronic or physical signature (which may be a scanned copy). 

7.4. Your notice should be sent to us or our designated copyright agent by email to support@gototop.app or by mail to the following address: GOTOTOPLTD, at 28 Oktovriou 367, MEDITERRANEAN COURT, 1st Floor, Flat/Office A5, 3107, Nicosia, Cyprus, Attn: Copyright. 

7.5. If you receive or encounter content which you find offensive via the Service, or you believe a user is in violation of these Terms and/or the Privacy Policy, we recommend to flag the content as Inappropriate. If after a certain time this does not result in a satisfactory outcome, please report it to us via email to support@gototop.app. 

8. ADVERTISING AND PAID SERVICES

We may deliver advertising to you in conjunction with your use of the Service. 

The app may provide paid services for Subscription or In-App Purchases. 

If you choose to subscribe, you can choose one of the auto-renewable subscription packages. 

Payment will be charged to iTunes Account at confirmation of purchase.

Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period.

Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal.

Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.

Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable. 

Note for the EU residents: If you are an EU resident, you have the right to withdraw from the agreement for purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, you will not be eligible for a refund, unless the digital content is defective.

9. PRIVACY 

Information and content that you supply to app is subject to our Privacy Policy, which governs our collection and use of your information, which may include personal data. As part of our provision of the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving. 

10. THIRD PARTY SERVICES 

The Service includes and links to features and services (including but not limited to, social applications like Facebook, Twitter, TikTok etc.) that are provided by a third party. We do not control such third party sites or services and are not responsible for the content or functionality of such sites or services. Our inclusion of links does not imply any endorsement or association with their operators. The terms applicable to the use of such third party services will apply and we will not be responsible for anything that is done by you or the third party service provider in connection with your use of their service. 

Our Services may feature advertisements from third party companies. Please review our Privacy Policy which explains what information we share with advertisers. We are not responsible for the availability of such websites or resources of the third parties, and we are not responsible or liable for any content, advertising, or services they provide.

Any content, advertising or services by such third party are provided following the terms of services and privacy policies to be found on the website of the respective third party and, where applicable, you must familiarize yourself and accept the terms of services and privacy policies of such third party before using their services. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. We are not liable for any claim relating to any content, goods or services of third parties.

You hereby irrevocably and unconditionally release and forever discharge us (and our suppliers) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: «A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.»

11. TERMINATION 

11.1. We may suspend or terminate your use of and access to the Service at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate. 

11.2. You may terminate your use of the Service at any time by ceasing to use the Service and/or deleting the App from your Device. Please note that, deleting the App from a device will not delete your profile and any content that you have uploaded will remain in the app content library. If you wish to delete your profile, please contact us in writing at support@gototop.app. 

11.3. In the event of such termination by either party, these Terms will terminate, but the following provisions will continue to apply: Sections 3, 4, 6, 7, 9,10,11,12,13 and 14.

 
12. REPRESENTATIONS AND WARRANTIES 

12.1. You promise to us that: your User Content will not infringe the rights of any third party, including any intellectual property rights, rights in confidential information or rights in privacy; you have obtained all necessary permissions and consents from any persons appearing in User Content; and your User Content will comply with these Terms. 

12.2. Subject to Section 13 of these Terms, you agree to compensate us for any losses or costs we may reasonably and fairly incur as a result of any breach by you of these Terms where you are at fault for such breach. You will not be required to compensate us under this Section if your breach of these Terms arises out of our negligence or our breach of these Terms. 

13. DISCLAIMERS AND LIMITATIONS 

13.1. Your use of the service is on an "as is" and "as available" basis. The service and any content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability, we will not be liable to you for the unavailability or failure of the service. 

13.2. We expressly exclude our liability for any loss or damage arising from the use of the service by any person in contravention of these terms. You understand that Stories and any other content available on the service is provided by users, not us, and we are not responsible or liable to you for this content on the service. 

13.3. We expressly exclude any liability for (a) any loss or damage that was not reasonably foreseeable by us and which is incurred by you in connection with the service, including loss of profits; and (b) any loss or damage incurred by you as a result of your breach of these terms. 

13.4. To the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the service. 

13.5. Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) intentional acts, fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law. 

13.6. The app only provides information, and not medical or treatment advice and may not be treated as such by the user. As such, this app may not be relied upon for the purposes of medical diagnosis or as a recommendation for medical care or treatment. The information on this app is not a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this app is for general information purposes only. The information provided by this app is provided “as is” without any representations or warranties, express or implied. The app makes no representations or warranties in relation to any medical or treatment information provided in this app.

13.7. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED ON THE APP ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP.

13.8. You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

14. TERMINATION OF TERMS 

We may terminate these Terms and close your account at any time without notice, if we cease to provide the Service. 

15. OTHER TERMS 

15.1. We may assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. You may not transfer your rights or obligations under these Terms to anyone else. 

15.2. Each of the provisions of these Terms operates separately. In the event that any of the provisions in these Terms are held to be unlawful or unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. 

15.3. These Terms and our Privacy Policy constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements or communications. 

15.4. No person who is not party to these Terms may enforce any term of it. 

15.5. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Cyprus law and the parties hereby submit to the exclusive jurisdiction of the Cyprus courts to settle any claim or matter arising in relation to these Terms or its subject matter or formation (including non-contractual disputes or claims). 

16. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES

These Terms, their formation and interpretation are construed in accordance with and governed by law of the Republic of Cyprus. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this provision, affects your rights as a consumer to rely on such mandatory provisions of local law. Any cause of action you may have with respect to your use of the App must be commenced within one (1) year after the claim or cause of action arises. 

If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.

All claims between the parties related to this Agreement will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.

17. CONTACT DETAILS OF THE GOTOTOPLTD:

If you have questions or comments about this Terms, you may contact us:

via email at: support@gototop.app

via post to: GOTOTOP LTD, address: 28 Oktovriou 367, MEDITERRANEAN COURT, 1st Floor, Flat/Office A5, 3107, Nicosia, Cyprus

I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.