Terms of Service
1. Acceptance of Terms
By accessing or otherwise using the Grapjes Maker website and associated services (collectively, the "Service"), you agree to be legally bound by these Terms of Service ("Terms"). These Terms constitute a binding agreement between you and Grapjes Maker ("we", "us", or "our"), operated under the laws of The Netherlands.
Third-party platform policies: Where you use features of the Service that connect to a third-party platform (such as TikTok), you also agree to be bound by that platform's Terms of Service, Developer Terms, Community Guidelines, and any other applicable policies. For TikTok, these include the TikTok Terms of Service and the TikTok Developer Terms of Service. If there is any conflict between those platform policies and these Terms with respect to your use of that platform, the platform's own policies prevail.
If you are under the age of 13, you may not use the Service. If you are between 13 and 18 years of age, you may only use the Service with the consent of a parent or legal guardian who also agrees to these Terms.
2. Description of the Service
Grapjes Maker is a joke-generation and content-sharing service. The Service allows users to:
- Browse, generate, and customise jokes across various categories
- Create joke-based content for sharing on social media
- Connect social media platform accounts and publish content directly to those platforms
- Manage connected platform authorisations
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.
Some joke content offered by the Service may be generated automatically using computational methods. We do not guarantee the accuracy, originality, or appropriateness of automatically generated content. You are responsible for reviewing any content before publishing it to a third-party platform.
3. User Accounts & Platform Connections
Some features of the Service require you to authenticate using a third-party social media account (such as TikTok, or other platforms we may support in the future). You are responsible for:
- Keeping your platform credentials confidential
- All activity that occurs via platform authorisations you have granted to the Service
- Notifying us immediately at contacts@grapjesmaker.com if you suspect unauthorised use
4. User Obligations & Acceptable Use
When using the Service you agree to:
- Comply with all applicable Dutch and EU laws and regulations
- Use the Service only for lawful purposes and in accordance with these Terms
- Not upload, post, or share content that is unlawful, defamatory, obscene, discriminatory, harassing, or infringing on third-party rights
- Not attempt to gain unauthorised access to any part of the Service or its infrastructure
- Not use automated scripts, bots, or scrapers on the Service without prior written consent
- Not interfere with or disrupt the integrity or performance of the Service
- Not impersonate any person or entity
- Not use the Service to distribute spam, malware, or phishing content
We reserve the right to restrict access for users who violate these rules.
5. Third-Party Platform Services & TikTok API
Grapjes Maker integrates with third-party social media platforms via their official developer APIs. By connecting a platform account you acknowledge and agree to the following:
5.1 General Platform Terms
- Your use of each platform is subject to that platform's own Terms of Service, Developer Terms, and Community Guidelines, which you must read and comply with independently of these Terms.
- We are not responsible for any third-party platform's services, availability, content policies, or enforcement decisions.
- A platform may change or restrict its API at any time, which may affect the availability of related features within the Service.
- You may revoke the Service's access to any connected platform account at any time via that platform's own account settings.
5.2 TikTok API — Permissions Requested
When you connect your TikTok account, we request the following OAuth permissions (scopes) from TikTok's API on your behalf:
-
user.info.basic— Login with TikTok: Authenticates you with the Service and retrieves your TikTok display name, profile picture URL, and unique Open ID. This is used solely to identify your session and personalise your experience. -
video.upload— Post Videos: Allows the Service to publish joke videos you create to your TikTok profile at your explicit request. No video is ever posted without your direct action.
By authorising these scopes you confirm you have read and agree to the TikTok Terms of Service, the TikTok Developer Terms of Service, and TikTok Community Guidelines. We do not request any permissions beyond those listed above without updating these Terms first.
5.3 Content Published via TikTok API
Content you publish to TikTok through the Service is subject to TikTok's content moderation, copyright, and enforcement policies. We have no control over TikTok's decisions to remove, restrict, or penalise content after it has been published. You are solely responsible for ensuring that any content you publish complies with TikTok's rules and applicable law.
For full details of what data is accessed when you connect a platform account, see our Privacy Policy §3 (Third-Party Platform Integrations & API Scopes).
6. User Content & Responsibility
6.1 Sole Responsibility for Published Content
You are solely and fully responsible for all content you create, customise, and publish through the Service, including content that was generated automatically or with AI assistance. The fact that the Service produced or suggested content does not transfer any responsibility to us for that content once you choose to publish it.
Before publishing any content to a third-party platform, you are responsible for ensuring that the content:
- Does not infringe any third-party intellectual property rights (copyright, trademark, trade dress, etc.)
- Does not violate any personality rights, rights of publicity, or privacy rights of any person
- Is not defamatory, discriminatory, harassing, or otherwise unlawful
- Complies with the destination platform's Community Guidelines and content policies
- Complies with all applicable Dutch, EU, and international laws
6.2 AI-Generated Content
Some content offered by the Service may be generated using automated or AI-based methods. We make no warranty that such content is original, accurate, free of third-party rights claims, or appropriate for any particular audience or jurisdiction. You assume all risk associated with publishing AI-generated content and acknowledge that we are not liable for any claims, penalties, or losses arising from such content.
6.3 Third-Party Rights Infringement
We are not liable for any claims by third parties alleging infringement of their intellectual property, personality, or other rights arising from content you publish via the Service. If we receive a valid infringement notice relating to content you published, we may be required to cooperate with the relevant platform or legal authority and may provide them with information necessary to identify you as the publisher, to the extent required by applicable law.
7. Intellectual Property
All intellectual property rights in the Service — including the design, graphics, code, branding, and content created by us — are owned by or licensed to Grapjes Maker and protected under Dutch and international copyright law.
You retain all rights to original content you create using the Service. By publishing content to a third-party platform through the Service, you grant that platform the licences described in its own Terms of Service; you do not grant Grapjes Maker any additional licence beyond what is strictly necessary to provide the publishing functionality.
You may not copy, modify, distribute, sell, or exploit any part of the Service without our prior written consent.
8. Disclaimers
The Service is provided on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any joke content generated by the Service.
To the fullest extent permitted by Dutch law, we disclaim all liability for any loss or damage arising from your use of, or inability to use, the Service.
Notwithstanding the foregoing, the AS IS disclaimer does not exclude any implied warranty of conformity that cannot lawfully be waived under Dutch law (Burgerlijk Wetboek Art. 7:17). In particular, the core functionality of publishing content to connected platform accounts carries an implied obligation to operate as described in these Terms.
9. Limitation of Liability
To the maximum extent permitted by applicable Dutch law, Grapjes Maker and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising from:
- Your use of or inability to use the Service
- Any content posted or shared via the Service
- Unauthorised access to or alteration of your data
- Actions or inactions of any third-party platform or service provider
- Any other matter relating to the Service
Where liability cannot be fully excluded by law (including under mandatory Dutch consumer protection provisions), our total liability shall not exceed the amount you paid us in the 12 months preceding the event giving rise to the claim, or €50, whichever is greater.
GDPR compensation: Nothing in this Section limits your right to seek compensation under GDPR Art. 82 for material or non-material damage resulting from an infringement of the GDPR by us as data controller or processor.
Nothing in these Terms limits any mandatory right you have under Dutch or EU consumer protection law that cannot lawfully be excluded or restricted by contract.
10. Indemnification
You agree to indemnify and hold harmless Grapjes Maker and its operators from any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of your violation of these Terms, your use of the Service, or your infringement of any third-party rights.
11. Termination
We may suspend or terminate your access to the Service, including if we reasonably believe you have violated these Terms. Where reasonably practicable, we will provide you with advance notice and a brief description of the reason before termination takes effect.
You may stop using the Service at any time and revoke any connected platform authorisations from within the respective platform's settings. Upon termination, sections that by their nature should survive (including User Content & Responsibility, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will continue to apply.
12. Privacy
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully.
13. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Last Updated" date above. For material changes, we will provide at least 14 days' advance notice by displaying a prominent notice on the Service. Continued use of the Service after changes take effect constitutes your acceptance of the revised Terms.
14. Complaints, Governing Law & Dispute Resolution
14.1 Informal Resolution
Before initiating any formal proceedings, we invite you to contact us at contacts@grapjesmaker.com (subject: "Complaint") describing your complaint in detail. We will respond within 14 calendar days with a proposed resolution. This step is optional and does not limit your right to bring a formal claim at any time.
14.2 Governing Law
These Terms and any disputes or claims arising out of or in connection with them (including non-contractual disputes or claims) are governed exclusively by the laws of The Netherlands, without regard to conflict-of-law principles.
14.3 Jurisdiction
Subject to §14.4 below, both parties agree to submit to the exclusive jurisdiction of the competent courts of The Netherlands (with primary venue in Amsterdam) for any dispute arising under or relating to these Terms or the Service. If you are a consumer under Dutch law, you retain the right to bring proceedings in the courts of your country of residence within the EU.
14.4 Optional Arbitration
As an alternative to court proceedings, either party may elect to resolve any dispute exclusively by binding arbitration administered by the Netherlands Mediation Institute (NMI) or, by mutual written agreement, another recognised arbitration body. The arbitration shall be conducted in the English language, seated in The Netherlands, under the arbitration rules of the chosen body. The arbitrator's award shall be final and binding. Consumer statutory rights under Dutch or EU law are not affected by this clause; consumers are never required to use arbitration.
14.5 EU Online Dispute Resolution
If you are a consumer resident in the EU, you may also use the European Commission's Online Dispute Resolution platform at ec.europa.eu/consumers/odr to resolve disputes with us out of court.
15. Force Majeure
We shall not be liable for any failure or delay in providing the Service, or any feature that depends on a third-party platform API, where such failure or delay results from circumstances outside our reasonable control. These include, without limitation: third-party platform API changes, restrictions, or unavailability; internet or telecommunications outages; governmental or regulatory actions; or other events of force majeure.
Where a material platform feature becomes unavailable for an extended period, we will notify affected users as soon as reasonably practicable via the Service or by email.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.
17. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Grapjes Maker with respect to the Service and supersede all prior agreements, representations, or understandings.
18. Contact Us
For any questions or concerns about these Terms, please contact us:
Email: contacts@grapjesmaker.com