Terms of Service

Last updated: July 10th, 2023

Legal information

This website is operated by:
Neon Internet
Depixit SARL
Luxembourg RCS N° B203817
Authorisation Number: 10065839
info@neontools.io


The present terms of service govern the relationship between any user (the “User(s)” or “you”) of the website www.neontools.io (the “Website”) and company Depixit Sàrl. Your access to, and use of, our services is based on your acceptance of and consent to these terms. The terms apply to all visitors and users who utilize our services. If you do not agree to these Terms of Use, you should not access or use the Website. Additional terms may apply to certain services provided by Neontools.

Scope & Offerings


The website is a platform that offers a variety of practical online tools.
Some of the tools are free to use, while others may be bound to monthly paid subscription-models. Additionally, individual tools may grant you a limited free-period or a limited number of use. Neontools may update, modify, add, remove or discontinue the Neontools services at any time, at their discretionary authority. By accepting to the terms of service, you also comply with checking said terms periodically for changes by yourself. In case of a major update to these terms, we will inform you by a notification on the platform. Continuing to use the Neontools services after effective changes and modifications, implies that you are automatically agreeing to be bound by the modified agreement. If you disagree with implemented changes, your only recourse is to stop using the Neontools services at that point.


Access to the Tools


In order to fully use the tools provided on this website, you need to set up an account on neontools.io and log in with your credentials.
Neontools reserves the right to refuse access to the tools, unilaterally and without prior notice, to any User not respecting the Terms of Service.


Creation of an account and login credentials
Any User willing to use the tools on the Website, must register by choosing a user name and password, by indicating an email address and by confirming his registration.
When creating their account, Users expressly undertake not to use false information or information from third parties.
On the occasion of subsequent visits to the Website, Users may access their account by entering the user name and password chosen when creating the account.

The username and password (the "Login credentials") as chosen when creating the account are specific to the User, personal and confidential.
The User is responsible for maintaining the secrecy and security of its Login credentials, and is fully and exclusively responsible for all activities that occur using its Login credentials, regardless of whether such activities are undertaken by the User or a third party. Any use of Login credentials will be deemed to have been made by the User to which they relate or by a person duly authorized by the User.
Users are warned of the inherent insecurity of the use of automatic memory function of Login credentials that their computer system can allow, and therefore assume full responsibility for the use and possible consequences of such a function.
Therefore, Neontools shall in no event be held liable for any consequences resulting from illicit use, fraud or abuse of Login credentials by a third party not expressly authorized by the User to which they relate and which results from the User’s fault or negligence.
In cases of theft or misappropriation of Login credentials, the User shall immediately notify the Website operator by email.


Use of the Website

Users may not interfere with the security of, or otherwise abuse, the Website or any system resources, services or networks connected to or accessible through the Website.
Users may only use the Website for lawful purposes. Users are also prohibited from using the Website to defame, abuse, harass, stalk, threaten or otherwise violate legal rights of others. We strictly forbid crawling of any tool on the platform, therefore the amount of available requests you can make are limited. We reserve the right to block any accounts that violate this.

 

Intellectual Property

Third Party Materials
The Supplier is responsible for any content he/she uploaded on the Website and agrees to obtain all necessary rights and authorizations, particularly in terms of image rights and intellectual property rights, whatever it may be, allowing him/her to upload that content on the Website.
If Neontools becomes the subject of any dispute or extra-litigation claim, administrative, civil or criminal action, due to a third party alleging a violation of his/her rights or having suffered a damage as a result of the contents published by the Supplier on the Website, the Supplier agrees to hold harmless and indemnify Neontools for any consequences, direct or indirect, financial or another which may result from such dispute, claim or action, at first request from Neontools.
The Supplier grants Neontools for free, throughout the world and for the duration of the Parties’ relationship, all the intellectual property rights required to enable Neontools to disseminate the Uploaded content on the Website, and agrees not to contest the use of the Uploaded content by Neontools.
The Supplier also agrees to authorize the Users to use the Uploaded contents for personal use only. Users/Contributors shall refrain to make any unlawful, commercial, or promotional use of the Uploaded contents.

 

Content
Our Services allow Users to share links, upload pictures, share collections and various other features that make available certain information, text, graphics, or other material ("Content"). The Users are responsible for the posted Content, including its legality, reliability, and appropriateness.
By posting, uploading or otherwise submitting Content to the Service, the Users grants us the right and license to use, modify, distribute, publicly perform or display and reproduce, and such Content on and through the Service. The Users retain all of the rights to their submitted  Content through the Services and they are responsible for protecting those rights.
By uploading Content to the website and tools the Users represent and warrant that: (a) they own and have the right/licences to use said Content, and (b) that the posted, uploaded or submitted Content on or through our Services does not violate privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
We strictly forbid uploading illegal or pornographic content or referencing to websites that display such content. Uploading such content may result in its removal and might lead to a permanent ban of our system.
Furthermore we do not allow the publication of any content that goes against the community standards of platforms related to our toolbox like Facebook, Instagram, Twitter or other social networks. Facebook's community standards can be read here.

Neontools reserves all rights to block or delete any sort of material that we determine to be: (i) obscene, abusive or defamatory, (ii) fraudulent, deceptive or misleading, (iii) violating copyright, trademark or other intellectual property right, (iv) otherwise unacceptable to us in our sole discretion.
The Users recognize that, by providing them with the ability to distribute user-generated content on the Service, Neontools is solely acting as a passive conduit for such distribution and acknowledge that Neontools is not undertaking any liability nor obligation relating to any content on the website or activities on the Services.

Ownership
All elements of the Website, including its structure, its graphics, its source or object code and its content (including, but not limited to, texts, graphics, images, photographs, videos, information, logos, icons, buttons, software, audio and other files, databases) are the property of Neontools and may be protected by intellectual property laws, and notably by copyright and trademark laws.
Neontools allows the User to access and use the Website and its contents exclusively for personal purposes. Any professional or commercial use of these elements is strictly prohibited. Users may not create derivative works from or otherwise exploit the elements of the Website in any way.
Neontools reserves all rights on the Website. Access to and use of the Website cannot be considered as an assignment or a license agreement. Consequently, Users are prohibited from using the Website for purposes other than those mentioned above, including reproducing or publicly displaying, modifying, performing extraction or decompilation of all or part of the Website, including in particular its structure, its graphics, its object code or source and its content (including texts, graphics, images, video, information, logos, icons, buttons, software, audio and other files, databases), without the prior and written express consent of Neontools.
Users may not use metatags or any other hidden text containing the word “Neontools” or any other name, trademark, or product or service name of Neontools, without Neontools’s prior written permission.
Any non-authorized use of the Website, in whole or in part, or of any of its components, including Neontools trademark(s), by any process whatsoever, constitutes an infringement punishable by law.

 

Post Automator

Data Collection and Use of the Post Automator
In addition to our standard data collection practices, please be aware that our Post Automator tool, which enables data upload and AI-generated captioning, collects and stores the data you upload along with the associated captions. This data and captions are securely stored on our servers with the aim of enhancing our services. By using the Post Automator, you are expressly granting us permission to store and use your data and captions in this manner.

AI-generated Content via Post Automator
The captions associated with the data you upload using our Post Automator tool are generated through artificial intelligence. We aim for these AI-generated captions to be accurate and appropriate, but please note that they may not always meet these standards. As a user, you hold the responsibility to review and approve these captions before they are published on your Instagram account.

Consent for Use of the Post Automator
By utilizing our Post Automator tool, which enables data upload and AI-generated captioning, you are expressly consenting to the collection, storage, and use of your data and the related captions for the purposes outlined in these terms, including for the training of our AI model.

Copyright and Ownership Concerning the Post Automatorcompliance
When uploading data via the Post Automator, you assert and warrant that you possess ownership or the necessary permissions for the content you upload. You bear sole responsibility for the data you upload and any copyright implications that may arise from such uploads. We reserve the right to eliminate any data that is reported or identified as infringing upon the copyright of others.

Data Retention in relation to the Post Automator
The data and captions that you upload using the Post Automator will be retained for the period necessary for the purposes set out in these terms. When the data is no longer required for these purposes, we will delete it in compliance with applicable laws and regulations.

Right to Opt Out and Delete Data from the Post Automator
In line with the General Data Protection Regulation (GDPR) and other relevant legislation, you have the right to request the deletion of your data. If you wish to exercise this right, please reach out to us at support@neontools.io. We will respond to your request promptly and comply with all relevant regulations when processing your request.


Force majeure

All events of force majeure, as defined by the applicable regulations and case law, constitute a cause for suspension or termination of Neontools obligations. Neontools shall have no liability toward the User if it is prevented from or delayed in performing its obligations under these Terms of Use or from carrying on its business if a force majeure event occurs.



Waiver

Neontools failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.



Governing law and jurisdiction

The Terms of Use are governed by, and construed in accordance with, the law of Luxembourg.
The Parties irrevocably agree the exclusive jurisdiction of the Courts of Luxembourg-City to settle any dispute or claim that arises out of or in connection with the validity, interpretation and enforcement of the Terms of Use or the access and/or use of the Website.



Product description

Neontools attempts to be as accurate as possible. However, Neontools does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Neontools itself is not as described, your sole remedy is to declare this. Neontools reserves the right (but not the obligation) to refund Users.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY NEONTOOLS ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEONTOOLS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND TOOLS IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEONTOOLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEONTOOLS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NEONTOOLS  ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEONTOOLS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR OUR TOOLS INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES