Terms of Service

1. Scope & Service Provider

These Terms of Service govern the use of the SaaS application Click-Draft and all related services provided by:

Handwerk Gewinner LLC

Dorfstrasse 44

CH-1793 Jeuss

Email: [email protected]

These Terms apply to all users (“Customer”).

2. Contract Formation & Registration

The contract is concluded when the Customer registers for an account and subscribes to a free or paid plan.

The Customer must:

provide accurate and complete information,

keep login credentials confidential,

prevent unauthorized access to their account.

The Provider may reject registrations or suspend accounts in case of misuse or false information.

3. Scope of Service & Availability

Click-Draft provides:

access to the web-based application,

photo uploads for automated generation of drafts/mockups,

temporary storage of images (standard: 72h),

export/download of generated results.

The Provider aims for 98% annual uptime, excluding:

maintenance,

outages of third-party services (hosting, payments, AI providers),

force majeure events.

No guarantee is given for specific results or uninterrupted service.

4. Customer Obligations & Rights of Use

The Customer receives a non-exclusive, non-transferable right to use the app within the selected plan.

The Customer may not upload content that:

violates applicable law,

infringes third-party rights,

is offensive, pornographic, violent or discriminatory,

contains malware or harmful code.

The Provider may delete such content or suspend accounts.

5. Subscription, Fees & Payment

Subscription terms:

Monthly or annual plans.

Automatic renewal for the same term.

Cancellation effective at the end of the current billing period.

Prices displayed in CHF/EUR/USD.

Payments processed via Stripe or other available payment methods.

In case of payment failure, access may be restricted.

Price changes will be communicated at least 30 days in advance.

6. Term & Termination

The subscription runs indefinitely.

Termination:

by the Customer at any time, effective at the end of the billing cycle,

by the Provider with immediate effect in case of severe or repeated violations.

No refunds are provided for termination due to Customer violations.

7. Rights to User Content (UGC)

The Customer retains full ownership of all uploaded photos.

The generated drafts/mockups may be used freely for commercial and personal purposes.

The Provider does not acquire rights to uploaded or generated content.

Processing is performed solely to deliver the service (see Privacy Policy).

8. Warranty & Liability

The Provider ensures the basic functionality of the app but does not guarantee:

specific outputs,

uninterrupted availability,

compatibility with Customer devices or software.

Liability limitations:

Liability exists only for intent or gross negligence.

Liability for slight negligence is excluded.

No liability for: Customer’s internet connection, third-party outages, data loss, or force majeure.

9. Amendments to the Terms

The Provider may amend these Terms. Changes will be announced at least 30 days in advance. Continued use after the effective date constitutes acceptance.

10. Governing Law & Jurisdiction

These Terms are governed by Swiss law.

Jurisdiction is Fribourg, Switzerland.