Terms of Service

1. Agreement to Terms

By accessing or using Gezzly (operated by Luchianenco Labs), you agree to be bound by these Terms of Service and our Privacy Policy. If you disagree with any part of the terms, then you may not access the service.

2. Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Gezzly and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

3. User Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

4. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

5. Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THE LIMITATIONS BELOW APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

In no event shall Gezzly, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

To the fullest extent permitted by law, Gezzly's total liability to you for any claim arising out of or relating to these Terms or your use of the Service shall not exceed the greater of (a) the amount you paid to Gezzly in the twelve (12) months preceding the claim, or (b) one hundred euros (€100).

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, GEZZLY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that (a) the Service will function uninterrupted, secure, or available at any particular time or location; (b) any errors or defects will be corrected; (c) the Service is free of viruses or other harmful components; or (d) the results of using the Service will meet your requirements.

7. Indemnification

You agree to defend, indemnify, and hold harmless Gezzly, Luchianenco Labs, and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including without limitation any intellectual property, privacy, or proprietary right; or (d) any claim that your content caused damage to a third party.

8. DMCA Copyright Notice

We respect the intellectual property rights of others. If you believe that content available on or through our Service infringes your copyright, please send a written notification to labs@luchianenco.dev containing the following information required by the Digital Millennium Copyright Act (17 U.S.C. § 512):

This contact point is intended to receive notices that comply with 17 U.S.C. § 512(c)(3).

• A physical or electronic signature of the copyright owner or authorized agent.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing and its location on the Service.
• Your contact information, including address, telephone number, and email.
• A statement that you have a good faith belief that use of the material is not authorized.
• A statement, under penalty of perjury, that the information in the notification is accurate.

9. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Informal Resolution. Before filing a formal legal claim, you agree to first contact us at labs@luchianenco.dev and attempt to resolve the dispute informally for at least 30 days.

Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration. For disputes involving European residents, arbitration shall be administered by the German Institution of Arbitration (DIS) in accordance with its rules. For disputes involving US residents, arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. For US residents, arbitration will be conducted remotely by default, unless either party requests an in-person hearing permitted by AAA rules. For non-US residents, arbitration shall take place in Geldern, Germany, unless the parties agree otherwise. The arbitration shall be conducted in English.

Class Action Waiver.YOU AND GEZZLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Exceptions. This arbitration agreement does not preclude you or Gezzly from seeking injunctive relief in a court of competent jurisdiction for intellectual property infringement or other claims where interim relief is appropriate.

10. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions. For users accessing the Service from the United States, the Federal Arbitration Act and other applicable US federal law apply, and Delaware law applies to the extent not preempted or prohibited by mandatory consumer protection law.

12. Contact Us

If you have any questions about these Terms, please contact us at:
Email: support@gezzly.com or labs@luchianenco.dev
Address: Luchianenco Labs, Von-Galen-Str. 6, 47608 Geldern, Germany