Terms of Service for malmal

Last Updated: October 7, 2025

1. Acceptance of Terms

By accessing or using malmal ("the App," "the Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Eligibility

• You must be at least 14 years old to use malmal.
• You must provide accurate information about your age during registration.
• You must not lie about your age. Providing false age information is grounds for immediate account suspension.
• If we discover you are under the minimum age or have provided false age information, your account will be suspended without notice.

3. Your Account

Account Security: You are responsible for maintaining the security of your account credentials. Any activity that occurs under your account is your responsibility.

Account Actions: We reserve the right to suspend, ban, or cancel user accounts at our sole discretion, including but not limited to violations of these Terms, Community Guidelines, or any activity we determine to be harmful to the Service or other users.

You may appeal account actions by contacting hello@malmal.app

4. Refunds and Cancellation

Free Trial: We offer a 7-day free trial. We encourage you to fully evaluate malmal before subscribing.

Cancellation: You can cancel your subscription at any time. You'll retain access until the end of your current billing period.

Refunds: All payments are processed by Paddle.com Market Limited ("Paddle"), our Merchant of Record. Paddle handles all refund requests.

• 14-Day Refund Window: You may request a refund within fourteen (14) days of a one-time purchase, or within 14 days from your last subscription renewal date. Paddle will review and determine refund eligibility at its sole discretion.

• Other Refunds: Paddle may also grant refunds if required by applicable law, if a transaction was made in error or fraudulently, or in other circumstances at Paddle's discretion.

• How to Request a Refund:

  • Visit https://paddle.net/ to submit a refund request directly to Paddle
  • Email us at help@malmal.app and we'll request a refund from Paddle on your behalf

Platform Purchases: Purchases made through the Apple App Store or Google Play Store are subject to those platforms' refund policies and must be requested through the respective platform.

5. Your Art and Content Rights

Ownership: You retain all intellectual property rights to the artwork and content you create on malmal ("Your Content").

License to Us: By uploading or creating content on malmal, you grant us a worldwide, non-exclusive, royalty-free license to:

• Display, store, and distribute Your Content within the App
• Use Your Content in our marketing materials, social media, website, and promotional activities
• Make necessary technical copies for Service operation (backups, caching, etc.)

Retention: We will retain Your Content on shared boards indefinitely and are not obligated to delete it. However, we will remove content that:

• Contains personal information you request to be removed (subject to technical limitations)
• Contains illegal content or violates these Terms
• Violates third-party rights

If you delete your account, your art will be unlinked from it, so it is anonymized. Content from private boards, where you are the only member, will be deleted after account deletion.

Collaborative Nature: malmal is a collaborative painting application. By using the Service, you acknowledge and agree that:

• Other users may modify, change, copy, delete, or destroy artwork you create or contribute to
• Collaborative canvases are shared spaces where multiple users have access
• You may not have exclusive control over artworks created in collaborative spaces

No Liability for Data Loss: We are not liable for any loss, corruption, or deletion of Your Content or data. You are responsible for maintaining your own backups of any content you wish to preserve.

Commercial Use of Your Art:

• We will not sell, license, or transfer your art rights to third parties for their independent commercial use
• We will not sell your personal data to third parties for marketing or other purposes
• We will not use your art to train AI models or machine learning systems
• We may work with third-party service providers (such as print-on-demand vendors, payment processors, and fulfillment services) to produce and sell merchandise, stickers, prints, or other physical/digital products featuring your art, but only with your explicit permission
• These third-party vendors act solely as service providers under our direction and are not granted independent rights to your art
• Any revenue-sharing arrangements for merchandise will be negotiated separately and in writing

6. Prohibited Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload illegal content or content depicting illegal activities
• Harass, threaten, or abuse other users
• Spam or use the Service for unauthorized commercial purposes
• Attempt to hack, disrupt, or compromise the security of the Service
• Use automated tools to access or scrape the Service without permission
• Impersonate others or misrepresent your identity
• Upload malicious code, viruses, or harmful software

7. Content Moderation

We reserve the right, but not the obligation, to:

• Monitor, review, and moderate content on the Service
• Remove any content that violates these Terms or our Community Guidelines
• Take action against users who violate these Terms

We are not responsible for user-generated content and do not endorse any opinions expressed by users.

8. Privacy

Your use of malmal is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Service, you consent to our data practices as described in the Privacy Policy.

9. Your Data Rights (GDPR)

If you are in the European Union, you have the following rights:

• Access: Request a copy of your personal data
• Portability: Export your data in a machine-readable format
• Correction: Request correction of inaccurate data
• Erasure: Request deletion of your personal data (subject to legitimate interests in retaining collaborative content)
• Objection: Object to processing of your data for certain purposes
• Restriction: Request limitation of data processing

To exercise these rights, contact us at privacy@malmal.app

For collaborative content on shared boards, we balance your right to erasure against other users' rights to maintain shared artwork. We will anonymize your contributions rather than deleting them from shared boards.

Data is stored in Germany. For more details, see our Privacy Policy.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not guarantee that:

• The Service will be uninterrupted, secure, or error-free
• Your Content will be preserved or always accessible
• The Service will meet your specific requirements

11. Indemnification

You agree to indemnify, defend, and hold harmless malmal and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your Content
• Your violation of these Terms
• Your violation of any rights of another party

12. Copyright and DMCA

We respect intellectual property rights. If you believe content on malmal infringes your copyright, please contact us at dmca@malmal.app with:

• Identification of the copyrighted work
• Identification of the infringing material and its location
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement under penalty of perjury that your notice is accurate
• Your physical or electronic signature

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of material changes via any of the following methods:

• Email notification to your registered email address
• In-app notification
• Posting notice on the Service

Your continued use of the Service after changes constitutes acceptance of the modified Terms.

14. Termination

By You: You may terminate your account at any time by contacting us or using the account deletion feature in the App.

By Us: We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice.

Effect of Termination: Upon termination, your right to use the Service will immediately cease. We may retain Your Content as described in Section 4.

15. Governing Law and Disputes

These Terms are governed by the laws of the Federal Republic of Germany, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be resolved through the courts of Germany.

16. Miscellaneous

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Entire Agreement: These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and malmal.

No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver.

Assignment: You may not assign or transfer these Terms. We may assign our rights and obligations without restriction.

17. Contact Us

If you have questions about these Terms, please contact us at: hello@malmal.app