Terms and Conditions

 Terms & Conditions

These terms and conditions  applies to the Optimize Procreate Brushes and Tools app (hereby  referred to as "Application") for mobile devices that was created by Ben  Hardebeck (hereby referred to as "Service Provider") as a Freemium  service.

Upon downloading or utilizing the Application, you  are automatically agreeing to the following terms. It is strongly  advised that you thoroughly read and understand these terms prior to  using the Application. Unauthorized copying, modification of the  Application, any part of the Application, or our trademarks is strictly  prohibited. Any attempts to extract the source code of the Application,  translate the Application into other languages, or create derivative  versions are not permitted. All trademarks, copyrights, database rights,  and other intellectual property rights related to the Application  remain the property of the Service Provider.

The Service  Provider is dedicated to ensuring that the Application is as beneficial  and efficient as possible. As such, they reserve the right to modify the  Application or charge for their services at any time and for any  reason. The Service Provider assures you that any charges for the  Application or its services will be clearly communicated to you.

The  Application stores and processes personal data that you have provided  to the Service Provider in order to provide the Service. It is your  responsibility to maintain the security of your phone and access to the  Application. The Service Provider strongly advise against jailbreaking  or rooting your phone, which involves removing software restrictions and  limitations imposed by the official operating system of your device.  Such actions could expose your phone to malware, viruses, malicious  programs, compromise your phone's security features, and may result in  the Application not functioning correctly or at all.

Please  note that the Application utilizes third-party services that have their  own Terms and Conditions. Below are the links to the Terms and  Conditions of the third-party service providers used by the Application:

• Google Play Services

Please  be aware that the Service Provider does not assume responsibility for  certain aspects. Some functions of the Application require an active  internet connection, which can be Wi-Fi or provided by your mobile  network provider. The Service Provider cannot be held responsible if the  Application does not function at full capacity due to lack of access to  Wi-Fi or if you have exhausted your data allowance.

If you  are using the application outside of a Wi-Fi area, please be aware that  your mobile network provider's agreement terms still apply.  Consequently, you may incur charges from your mobile provider for data  usage during the connection to the application, or other third-party  charges. By using the application, you accept responsibility for any  such charges, including roaming data charges if you use the application  outside of your home territory (i.e., region or country) without  disabling data roaming. If you are not the bill payer for the device on  which you are using the application, they assume that you have obtained  permission from the bill payer.

Similarly, the Service  Provider cannot always assume responsibility for your usage of the  application. For instance, it is your responsibility to ensure that your  device remains charged. If your device runs out of battery and you are  unable to access the Service, the Service Provider cannot be held  responsible.

In terms of the Service Provider's responsibility  for your use of the application, it is important to note that while  they strive to ensure that it is updated and accurate at all times, they  do rely on third parties to provide information to them so that they  can make it available to you. The Service Provider accepts no liability  for any loss, direct or indirect, that you experience as a result of  relying entirely on this functionality of the application.

The  Service Provider may wish to update the application at some point. The  application is currently available as per the requirements for the  operating system (and for any additional systems they decide to extend  the availability of the application to) may change, and you will need to  download the updates if you want to continue using the application. The  Service Provider does not guarantee that it will always update the  application so that it is relevant to you and/or compatible with the  particular operating system version installed on your device. However,  you agree to always accept updates to the application when offered to  you. The Service Provider may also wish to cease providing the  application and may terminate its use at any time without providing  termination notice to you. Unless they inform you otherwise, upon any  termination, (a) the rights and licenses granted to you in these terms  will end; (b) you must cease using the application, and (if necessary)  delete it from your device.

Changes to These Terms and Conditions

The  Service Provider may periodically update their Terms and Conditions.  Therefore, you are advised to review this page regularly for any  changes. The Service Provider will notify you of any changes by posting  the new Terms and Conditions on this page.

These terms and conditions are effective as of 2024-11-20

Contact Us

If  you have any questions or suggestions about the Terms and Conditions,  please do not hesitate to contact the Service Provider at  galadrieldesignco@gmail.com.