Changes to these Legal Terms

We reserve the right to make changes to these Legal Terms anytime and at our own discretion. The "Last updated" section at the top of this page serves as an indication of any such change to these Legal Terms. We highly advise you to periodically review these Legal Terms to stay informed, as each time you access and use the Product, you will be subject to, and will be deemed to have been made aware of and to have accepted the most recently updated Legal Terms.

The Product

Oh Sketch is a creativity platform for artists that provides daily drawing challenges,  ideas and other art-related content. The Product is accessible through our App and Website and includes, without limitation, verbal and graphic materials for education, inspiration and entertainment.
Some of the Product functionality can be used without a user account, however, you must create one if you want to backup your user data, such as saved content and purchases.
If you choose to create a user account, you must provide current, accurate and complete information about yourself for registration purchases. By creating an account you warrant that you are authorised to provide such personal information and will maintain it to remain truthful, accurate and up-to-date . If any registration data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your user account and your access to the Product.

Ownership

We retain all right, title and interest in and to the Product and any portion thereof, including, without limitation, all patent rights, copyrights, trademarks, service marks, trade secrets and other intellectual property rights, any derivative work or future versions of the Product. All materials, including but not limited to source code, text, graphics, files and other content contained in the Product are exclusively owned and copyrighted by Mindvoll and are protected worldwide, unless indicated otherwise. Subject to the limited license rights granted under these Terms, you may not acquire any ownership rights in or to such materials. Any rights not expressly granted herein are reserved by us.
By using the Product, you agree to not infringe the ownership of and rights in respect to the Product through copying, reproducing, distributing, selling, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any of the Product or its materials, in whole or in part, except as expressly authorised in these Terms.

You hereby acknowledge that any unauthorised use or violation of these Terms immediately and automatically terminates your right to use the Product and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorised use of the Product.

Limited license

All content and other materials of the Product are provided solely for your personal, non-commercial use.
Subject to and for the duration of these Terms we grant you a limited, non-exclusive, non-transferable, and revocable personal license to use the Product. This license gives you rights to: 1) download and use a copy of the App, as well as access the Website on your devices; 2) view and interact with the content and other materials provided through the App and Website; 3) use verbal and graphic prompts, ideas, educational articles and other materials provided through the App and Website for learning, inspiration and creation of original personal artworks.
For a selected type of content in the App, such as DTIYS (draw this in your style) challenges provided by us and selected users, as specified below, you may create your own version of the reference artwork with close resemblance to the original that is not a direct copy of it. For the purposes of this and other types of daily drawing challenges you may save a copy of selected materials such as colour palettes and artwork references to your device, for personal use only.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, sell or otherwise exploit any of the content created by us or our users and provided through the Product.

User Content

Our users have a possibility to submit their artworks and other materials to be featured as a part of the App content ('Artist Content'). Artist Content can be submitted to our e-mail hello@ohsketch.com or through tagging the official Oh Sketch account on social media platforms such as Instagram. You acknowledge that by submitting Artist Content you grant us a limited license specified below.
We do not guarantee that any submitted Artist Content will be displayed through the Product and reserve the right to chose Artist Content to be displayed in the App at our sole discretion.
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Except for the license you grant below, we do not claim any ownership rights in any Artist Content or other user content posted through the Product, social media or e-mail including messages, images and text (collectively 'User Content'). Your User Content may be protected by intellectual property rights. User Content does not include any portion of the Services included in your User Content. Nothing in these Terms will be deemed to restrict any mandatory rights that you may have to use and exploit your User Content, as between you and us.

License You Grant to Mindvoll. By making any User Content, including but not limited to Artist Content, available to us, you hereby grant Mindvoll a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Product or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. This license lasts for as long as your content is protected by intellectual property rights. When you post or otherwise share User Content on or through the Product, social media or e-mail you understand that your User Content and any associated information may be visible to others. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity.

You represent and warrant that you own or otherwise control the rights to your User Content. You will not post or submit any User Content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. We make no warranties or representations, express or implied, about User Content, including as to its legality or accuracy. You agree to indemnify Mindvoll for all claims arising from or in connection with any claims to any rights in your User Content or any damages arising from your User Content.  
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User Content, any inquiries, feedback, suggestions, ideas and other information you make available to us is not considered to be confidential. You agree not to submit any content as User Content in which you have any expectation of privacy.

Subscriptions & Purchases

Parts of the Product provided through the App are accessible on the basis of payment. Below we describe what kinds of paid packages we offer and how payments are handled.

Subscription and Fees

Most of the basic functionality of the Product is offered free of charge, which we refer to as 'Oh Sketch Basic' version of the Product. You may chose to upgrade to one of the plans with premium features and extended functionality of the Product.
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If you purchase an upgraded plan based on a one-time payment ('Oh Sketch Pro Lifetime'), you will be charged once via your selected payment method and will receive a lifetime access to features included in the plan.
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If you purchase a recurring subscription ('Oh Sketch Pro Cloud') which in addition to upgraded features of 'Oh Sketch Pro Lifetime' offers cloud backup of your data, you will be continuously charged for the duration of the subscription period you select. Such subscription will automatically renew for another subscription period until canceled.
Subscriptions may be available on the basis of a monthly or yearly payment, which will determine your subscription period.
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Payment terms

Your use of the Product may require you to pay fees. We reserve a right to determine the pricing of the Product and offer promotional offers to any of the users at our sole discretion. These promotional offers, unless made to you, will not apply to your offer or these Legal Terms. We will make a reasonable effort to keep pricing information in the App up-to-date.
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Before you are charged, you will have an opportunity to review and accept the applicable fees. You authorise us and our third party payment processors to charge all sums for the orders that you make and any version of the Product you select as described in these Legal Terms,  including all applicable taxes.
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When activating a subscription model, you authorise us and our third party payment processors to periodically charge, on a going-forward basis and until cancellation of either the subscription or your account, all accrued sums on or before the payment due date for the accrued sums. Your account will be charged automatically on the date when you purchase your first subscription to the Product ('Subscription Billing Date'), as applicable, and on each recurring billing date thereafter.

Common provisions