Terms of Service | FinalSaying

1. Acceptance of Terms

By accessing or using FinalSaying (the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree with any part of the Terms, you must not use the Service. These Terms constitute a binding agreement between you (the user) and the individual owner/developer of FinalSaying ("we," "us," or "the Provider"). The Service is offered by an individual based in Germany, not a registered company, and is provided AS IS for use under the following conditions.

2. Eligibility and User Accounts

Eligibility: You represent that you have the legal capacity to enter into this agreement and are not a minor in your jurisdiction. If you are under the age of majority (e.g. under 18 years old) in your place of residence, you may only use the Service under the supervision and with consent of a parent or legal guardian.

Account Registration: Use of certain features may require a user account. You can sign in via Google authentication. You must provide accurate and current information during registration and keep it updated. You are responsible for maintaining the confidentiality of your account credentials and Google account. All activities under your account are your responsibility. We are not liable for any loss or damage arising from unauthorized use of your account.

Security: Do not share your login credentials. Notify us immediately at contact@finalsaying.com if you suspect any unauthorized access to your account. We reserve the right to suspend or terminate accounts that we suspect are being used fraudulently or in violation of these Terms.

3. Description of Service

FinalSaying is an online tool provided to users for personal or professional use. The exact nature of the Service (e.g. software tool, web platform, etc.) is described on our website or app. We reserve the right to modify or discontinue the Service (or any part of its features) at any time without prior notice, as detailed in Section 12. You understand that the Service is provided by an individual, and not a corporation, which may affect the scope of support and resources available.

4. Third-Party Services and Integration

Our Service integrates or relies on certain third-party services to function:

Authentication: We use Google Sign-In for user authentication. By using Google login, you also agree to Google's applicable terms and policies. We do not receive your Google password, and your use of Google's service is governed by Google's terms.
Payments: We use Stripe for subscription payment processing. All payment information you provide is handled by Stripe in accordance with their terms and privacy policy. We do not store your full credit card details on our servers.
Communications: We may use services like Resend (for sending emails) and Twilio (for WhatsApp or SMS messaging) to deliver communications (such as verification codes, notifications, or customer support messages). Use of these communication channels implies you consent to receiving such messages. Standard messaging/data rates may apply as per your network provider.

Disclaimer for Third-Party Services: We do not control or guarantee the availability or performance of third-party services. Third-party services are provided "as is" and their providers are solely responsible for them. We disclaim all liability for any acts or omissions of third-party services or any issues arising from their integration. Any third-party services you use in connection with FinalSaying (such as your Google account, or phone service for WhatsApp) are subject to the third parties' own terms and privacy policies, and you are responsible for complying with those terms.

5. Fees and Payment Terms

One-Time Payment Model: FinalSaying offers a free tier and a premium tier. The premium tier requires a one-time payment for lifetime access to premium features. By purchasing premium access, you agree to pay the applicable fee and any taxes.

Payment Processing: All payments are processed securely via Stripe. You must provide current, complete, and accurate billing information (including a valid payment method).

No Refund Policy: All fees and charges are non-refundable. By purchasing premium access on FinalSaying, you acknowledge that no refunds or credits will be provided for any fees already paid. This "No Refund" policy applies to all purchases, to the fullest extent permitted by applicable law. We reserve the right to make exceptions (if required by law or at our sole discretion in extraordinary circumstances), but in general, all sales are final.

Lifetime Access: Once you purchase premium access, you retain full access to all premium features indefinitely. There are no recurring charges or subscription renewals.

Changes in Fees: We may change our pricing for new purchases. Any changes in pricing will not affect existing premium members who have already made their one-time payment.

6. User Responsibilities and Acceptable Use

By using FinalSaying, you agree NOT to engage in any of the following prohibited activities:

Illegal Activities: Do not use the Service for any unlawful, illegal, fraudulent, or unauthorized purpose. You must comply with all applicable laws and regulations while using FinalSaying.
Violation of Others' Rights: Do not infringe or misappropriate the intellectual property rights, privacy rights, or any other rights of any person or entity. This includes not uploading or transmitting any content that you do not have rights to, or that violates copyright, trademark, or privacy/publicity rights.
Malicious Behavior: Do not upload or distribute viruses, malware, or any other harmful code through the Service. You must not attempt to hack, disrupt, disable, or interfere with the functioning or security of the Service, our servers, or other users' use of the Service.
Automated Access: Do not use bots, scripts, or automated methods to access or use the Service in a manner that sends more requests or transactions to the Service than a human could reasonably produce in the same time. Scraping, crawling, or any automated data extraction from our Service without our prior permission is prohibited.
Impersonation and Misrepresentation: Do not impersonate any person or entity or misrepresent your affiliation with a person or entity while using the Service.
Harassment or Abuse: Do not harass, threaten, bully, or stalk other users. You also agree not to post or transmit any content that is defamatory, obscene, vulgar, or otherwise offensive or objectionable.
Service Integrity: Do not attempt to bypass any measures we have put in place to secure the Service or enforce these Terms. This includes not attempting to gain unauthorized access to any feature or area of the Service for which you do not have permission.

We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates the above rules, including suspending or terminating the account of such violators (see Section 11 on Termination).

7. Intellectual Property and Content

Our Intellectual Property: The Service and all content, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, "Content") are the exclusive property of the Provider (the owner of FinalSaying) or its licensors. This includes any trademarks, logos, and trade names associated with FinalSaying. All rights are reserved. You are granted a limited, non-exclusive, non-transferable, revocable license to use the Service and its Content for your personal or internal business use, in accordance with these Terms. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or commercially exploit any part of the Service or Content without prior written consent from us, except as expressly permitted by law.

User Content: At this time, FinalSaying is not intended to host user-generated content publicly (beyond data you input for your own use of the tool). If in the future the Service allows you to upload, submit, or share content (e.g., text, images, or other materials) ("User Content"), you will remain the owner of any intellectual property rights in the content you create. However, by uploading or submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, reproduce, modify, and display your content solely for the purpose of operating and improving the Service and as otherwise necessary to provide the Service to you. We will handle any personal data within such content in accordance with our Privacy Policy (see Section 9).

Prohibited Content: You represent and warrant that any User Content you provide (if applicable) will not violate any of the "Acceptable Use" provisions in Section 6. We are not obligated to monitor User Content, but we reserve the right to remove or delete any content that we deem to violate these Terms or applicable law, or for any other reasonable reason, without notice.

Feedback: If you provide us with feedback, suggestions, or ideas about the Service, you agree that we are free to use and incorporate such feedback in our products or services without any payment or attribution to you. Any improvements or modifications to the Service based on your feedback remain our property.

8. Privacy and Data Protection

Your privacy is important to us. Any personal information that we collect through your use of FinalSaying will be processed in accordance with applicable data protection laws and our Privacy Policy (please refer to the Privacy Policy available on our website for details on what data we collect and how we use it). In particular, because we operate in Germany, we adhere to the EU General Data Protection Regulation (GDPR) for users in the EU/EEA.

By using the Service, you consent to the collection and use of information as outlined in the Privacy Policy. This may include processing by third-party providers (Google, Stripe, Twilio, etc.) as required for Service functionality (see Section 4 on Third-Party Services).
We implement reasonable security measures to protect your personal data. However, no system is perfectly secure; by using the Service, you acknowledge that you provide information at your own risk.
If you are located outside of Germany (or the EU), note that your data may be transferred to and processed in Germany or other jurisdictions where our infrastructure or third-party providers are located. By using the Service, you consent to such cross-border data transfers.
If you have any questions about our data practices or want to exercise any rights you may have under privacy laws (such as access or deletion rights), please contact us at contact@finalsaying.com.

9. Disclaimer of Warranties

FinalSaying is provided "AS IS" and "AS AVAILABLE". To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the Service. This includes, but is not limited to:

No Implied Warranties: We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We make no guarantee that the Service will meet your requirements or achieve any intended results.
Service Availability: We do not warrant that the Service will be uninterrupted, timely, secure, or error-free. Occasional downtime or technical issues may occur (for example, due to maintenance or factors outside our control). You accept that access to the Service may be limited or unavailable from time to time, and we are not liable for any resulting loss or inconvenience.
Accuracy of Information: Any information or content presented through the Service (including any output of the tool or any communications from us) is for general purposes only. We do not warrant the accuracy, completeness, or usefulness of any information on the Service. Reliance on any information provided is at your own risk.
No Responsibility for Damage: We are not responsible for any harm to your computer system, device, or data that results from use of the Service or downloading of any content from the Service. You are responsible for using up-to-date antivirus software and taking other precautions.
Third-Party Content: If the Service displays or links to any third-party content or websites, we do not warrant or endorse that content. We are not liable for any third-party materials or information. Use of third-party links or content is at your own discretion and risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such cases, our warranties will be limited to the minimum extent permitted by applicable law.

10. Limitation of Liability

To the maximum extent permitted by law, we (the individual provider of FinalSaying) shall not be liable for any damages except as outlined in this section. The purpose of this section is to limit potential legal liability to keep the individual owner safe from excessive claims, while acknowledging the limits of liability law in Germany and other jurisdictions.

Types of Damages Excluded: We will not be liable to you for any indirect, incidental, consequential, special, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses arising out of or related to your use of (or inability to use) the Service. This exclusion applies even if we have been advised of the possibility of such damages. For example, we are not liable for losses or damages resulting from: Service downtime, data loss, business interruptions, or third-party conduct.

Cap on Direct Damages: Except for the Full Liability situations described below, in no event shall our total cumulative liability to you for any and all claims arising from or related to the Service exceed the amount you have paid us in the twelve (12) months immediately preceding the event giving rise to the claim. If you have not paid any amount (for example, if you use a free version of the Service), our total liability shall not exceed €100 (Euro). This limitation applies whether the claims are based in contract, tort, strict liability, or any other legal theory.

Full Liability (Non-Excludable Liabilities): Notwithstanding the above exclusions and limitations, we do not exclude or limit our liability where it is unlawful to do so. Under German law and other applicable laws, certain liabilities cannot be excluded or limited by an advance agreement. Accordingly, nothing in these Terms shall exclude or limit our liability for:

Intentional misconduct or willful act (intent) on our part.
Gross negligence on our part.
Any injury to life, body, or health caused by our negligence.
Fraud or fraudulent misrepresentation.
Malicious conduct or intent to harm.
Assuming a specific guarantee for the quality or characteristics of a product or service (if we have expressly given a guarantee, which we typically do not).
Liability under any applicable product liability law, such as the German Product Liability Act, to the extent such law applies.

In these above cases, where liability cannot be excluded, our liability will be unlimited (i.e., we will be fully liable as required by law).

Liability for Simple Negligence: For any claims not falling under the "Full Liability" category above, and to the extent permitted by law, our liability for damages caused by simple (ordinary) negligence is limited. In particular, if we negligently breach an essential contractual obligation, we will be liable only to the extent of the typical and foreseeable damages that would result. Essential contractual obligations are those obligations which are fundamental to the provision of the Service, and which you rely on us to fulfill (sometimes called "cardinal duties"). In other words, they are the key duties that form the basis of the agreement. If such an obligation is breached through simple negligence, our liability is capped to the amount of damage that could reasonably be foreseen at the time of contract. If we breach non-essential obligations through simple negligence, we will not be liable for the resulting damage (German law generally allows exclusion of liability for slight negligence in non-essential matters).

No Liability for Certain Losses: To the extent permitted by law, we are not liable for losses that are considered too remote or speculative. For example, we are not liable for purely economic loss not resulting from any wrongdoing on our part, or for damages that are not typical for the use of the Service. We also do not accept liability for loss of data or restoration of data to the extent you failed to properly backup your data. (You are responsible for maintaining backup copies of any data you store on the Service.)

German AGB Fairness Compliance: These limitations of liability are intended to be in line with the German law on standard contract terms (AGB law). If you are a consumer, none of these Terms are intended to conflict with your statutory rights. If any provision in this section is held invalid or unenforceable under applicable law (for example, because it unduly restricts consumer rights), then that provision shall be deemed modified to the minimum extent necessary to make it compliant, and the rest of this section (and the Terms) shall remain in effect. (Under German law, invalid clauses in standard terms may simply be not enforced, and statutory provisions apply instead.)

Notice: The limitations and exclusions of liability in this section apply to the greatest extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities; in such jurisdictions, our liability will be limited to the maximum extent permitted by law, and certain exclusions may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Provider (the individual owner of FinalSaying) and any affiliates, agents, partners, or employees (if any) from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable attorneys' fees) that arise out of or relate to: (a) your use or misuse of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your infringement or misappropriation of any intellectual property or other rights of any third party; or (e) any content you submit or actions you take using the Service that result in a third-party claim. This means you will pay for any cost, loss or damage that we incur as a result of your breach of these Terms or misuse of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (in which case you will cooperate with us in asserting any available defenses). This indemnity obligation will survive the termination or expiration of your agreement with these Terms and your use of the Service.

12. Termination and Suspension

By You: You are free to stop using FinalSaying at any time. You may delete your account or cancel your subscription (as described in Section 5) if you no longer wish to use the Service. Termination of your account will not entitle you to any refunds of prepaid fees (see "No Refund" policy in Section 5).

By Us: We reserve the right to suspend or terminate your access to the Service (in whole or in part) at our sole discretion, with or without notice, if you violate these Terms or if we determine such action is necessary to (a) comply with law or requests by law enforcement, (b) protect the security or integrity of our systems, or (c) protect our rights or the rights of other users. In severe cases of violation (e.g., abuse, illegal activity, or actions that harm the Service or other users), your account may be terminated immediately and without prior notice.

Effect of Termination: Upon termination of your account for any reason, your right to access or use the Service will immediately cease. We may delete or deactivate your account and all related data, information, and files in your account, and bar any further access to such data (except as may be required by law). It is your responsibility to ensure you have any needed data backed up before terminating your account or if we terminate your access. We are not liable to you or any third party for account termination or data deletion associated with termination, provided such termination is in accordance with these Terms.

Survival: All provisions of these Terms that by their nature should survive termination (such as limitations of liability, disclaimers of warranties, indemnification, governing law, and dispute provisions) shall survive the expiration or termination of your use of the Service.

13. Modifications to Service and Terms

Changes to the Service: We are constantly improving the Service and adding or removing features. We reserve the right to modify, upgrade, suspend, or discontinue the Service (or any part of it) at any time, temporarily or permanently, with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service. This includes the introduction of new features or limitations, or the discontinuance of features. If you are dissatisfied with any changes to the Service, your only remedy is to cease using the Service or terminate your subscription.

Changes to Terms: We may revise or update these Terms from time to time. If we make material changes, we will provide notice to users by posting the updated Terms on our website or through the Service, and updating the "Last updated" date at the top (if provided). In certain cases, we might also notify you via email or through an in-Service notification. It is your responsibility to review these Terms periodically. Your continued use of the Service after any changes to the Terms constitutes acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service.

No Retroactive Changes to Dispute Resolution: If we ever implement an arbitration agreement or specific dispute resolution clause (none is included in these Terms as of now), we will not apply it retroactively without your consent, and we will provide a chance to opt-out, in compliance with applicable law.

14. Governing Law and Jurisdiction

These Terms and any dispute or claim arising out of or in connection with the Service shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The laws of Germany will thus govern any disputes related to these Terms or the Service's use.

If you are using the Service as a consumer (and not for a business purpose) and you are resident in a member state of the European Union, you also enjoy the protection of the mandatory provisions of the law of your country of residence. In other words, if you are an EU consumer, nothing in these Terms affects your rights under the laws of your home country to the extent those laws apply and provide you with additional protections. These Terms do not purport to waive any such consumer protections.

Jurisdiction: Both you and we agree to submit to the non-exclusive jurisdiction of the courts in Germany for the resolution of any disputes. "Non-exclusive jurisdiction" means that you may choose to bring a claim against us in Germany, or if you are a consumer, you may also pursue legal proceedings in your country of residence if you reside in the EU, as provided by law. For example, if you live in Germany, you agree that the courts of Germany have jurisdiction. If you live in another EU country, you may have the right to bring an action in your local courts under EU consumer law.

Notwithstanding the above, we both agree that before taking formal legal action, we will attempt to resolve any dispute informally through good-faith discussions. You can contact us with any dispute concerns at contact@finalsaying.com, and we will attempt to resolve the issue. However, this informal process is not a mandatory prerequisite before going to court (it's a good-faith request, not an obligation).

15. Miscellaneous Provisions

Entire Agreement: These Terms (along with any additional guidelines, rules, or policies we post, including our Privacy Policy) constitute the entire agreement between you and us regarding your use of FinalSaying, and supersede any prior agreements or understandings, whether written or oral, relating to the same subject matter.
No Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by us to be effective. Even if we delay or fail to exercise any right or remedy, we can still enforce it later.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be eliminated or limited to the minimum extent such that the remainder of the Terms will continue in full force and effect. In such case, the parties agree that the court should give effect to the parties' intentions as reflected in the provision, to the extent permissible.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms to any third party without our prior written consent. We may assign or transfer our rights and obligations to an affiliate, a successor in interest (e.g., if the Service is sold or transferred), or any other party at our discretion, without notice to you. These Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
No Agency: No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Terms or your use of the Service. You and we are independent contracting parties.
Force Majeure: We are not liable for any failure or delay in our performance of any obligation under these Terms if such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, supply shortages, and failures of the internet or telecommunications.
Impressum (Legal Notice): As the Service is operated from Germany by an individual, we comply with German Telemedia Act requirements. The provider's contact information is listed in Section 16 (Contact Information). Further information (such as a physical address) may be found on our website's legal notice page if required. (Note: Since this Service is individually owned, the owner's personal address might be listed on an official Impressum page on the website as required by German law, even though it is not detailed here in these Terms.)
Language: These Terms are written in English. If we provide a translation of these Terms in another language, the English version will prevail in case of any conflict or ambiguity in interpretation (except as prohibited by law).
Headings: Section headings in these Terms are for convenience only and have no legal or contractual effect. They do not affect the interpretation of the provisions.

16. Contact Information

If you have any questions, concerns, or need assistance regarding these Terms or the Service, you may contact us at:

Email: contact@finalsaying.com

(As an individually operated service, email is the primary and preferred method of contact. We strive to respond to inquiries in a timely manner. Please include a clear subject line indicating the nature of your query, such as "Terms of Service Inquiry" or "Support Request.")

By using FinalSaying, you acknowledge that you have read, understood, and agree to these Terms and Conditions. These Terms are designed to be as comprehensive as possible to protect the provider (an individual developer) from liability and disputes, while also delineating the rights and responsibilities of users. If you do not agree with these Terms, please do not use the Service. Using the Service indicates that you accept and will abide by these Terms.