User agreement

  1. General Provisions

    1. This User Agreement (hereinafter - “Agreement”) is a public offer and defines terms and conditions of use of the Wallcraft Wallpapers mobile application and terms and conditions of access to the Wallcraft Service.

    2. Actual version of the Agreement is published at volkraft.com and in the Wallcraft Wallpapers mobile application.

    3. Using Wallcraft Wallpapers app by User is regulated by the Agreement and also by User content policy, Privacy policy which are an integral part of the Agreement

    4. Users are obliged to examine this Agreement before starting to use the Wallcraft Service and the Wallcraft mobile app. The start of the using of the Wallcraft Service and the Application in any form, including: authorisation on the Wallcraft Service or Application; publication or viewing content of the Service and Application or other form of using, means that you fully and unconditionally accepted these terms and in accordance with art. 438 of the Civil Code of the Russian Federation.

  2. Definitions used in this Agreement

    1. Licensed content - images, licensed by Volkraft LLC via license agreements between Volkraft LLC and copyright holders or licensors.

    2. Exclusive content- images, and audiovisual works published under the Wallcraft license and owned by Volkraft LLC.

    3. User generated content (UGC) - images published by Users of the Wallcraft service via the Wallcraft Wallpapers mobile application.

    4. Wallcraft Wallpapers mobile application (Wallcraft app) - a program for mobile devices published by Volkraft LLC at
      https://play.google.com/store/apps/details?id=com.wallpaperscraft.wallpaper
      https://apps.apple.com/us/app/wallpapers-true-4k-full-hd/id1348676585
      https://apps.apple.com/us/app/wallpaperscraft-pro/id1420412036, which allows users to access the Wallcraft Service.

    5. Wallcraft Service - a technical service provided by Volkraft LLC to Wallcraft App users to provide access to Licensed content, Exclusive content and User generated content.

    6. User - an individual using the Application in accordance with this Agreement, who has reached the age allowed for use of the application in accordance with applicable law and provided age limitations.

    7. User account - an account available to the User after authorisation, containing information about the User, which is necessary for his authorisation to provide access to certain functionality of the Service.

    8. AI Artist - a part of the Service which is based on a machine learning system and provides an opportunity to create a wallpaper from a User’s text request.

  3. Subject matter of the Agreement

    1. The subject matter of this Agreement is providing Users with a non-exclusive license to use the Wallcraft app and a technical service to gain access to the content in the Wallcraft app published by Volkraft LLC and Users, as well as the possibility for the User of publishing content in the Wallcraft app.

    2. By copying and installing the Wallcraft app on his device or using the application in any way the User expresses his full and unconditional acceptance of all terms of the Agreement.

    3. In cases when the User does not agree with the whole Agreement terms or just any of them, the User has no rights to use the Wallcraft app for any purposes and must immediately stop using it.

    4. The User has the right to use the Wallcraft app for personal noncommercial purposes, by its direct functional purpose. To achieve that purpose, User installs the Wallcraft app on an unlimited number of the User’s devices within one of the official platforms for applications distribution (stated in art. 2.4. of the Agreement).

    5. While using the Wallcraft application by a User, Volkraft LLC provides the User with access to the following services:

      • free access to the Licensed content and User generated content, published in the Wallcraft app, with the right to view and to set as a wallpaper on the User’s device.

      • free technological access to the service of publishing images by the User, using “User Generated Content’ functionality.

      • paid (subscription) technological access to Exclusive content, AI-generated content, Licensed content and User generated content, published in the Wallcraft app, with the right to view content, set it as a wallpaper and download it to the User’s device.

    6. Exclusive rights to the Wallcraft application belong to Volkraft LLC.

  4. The order of using the Service

    1. Access to the Service and its functionality is provided via the Wallcraft app which the User installs on a compatible device.

    2. Mandatory terms of this Agreement are examination and full and unconditional acceptance of terms of this Agreement and
      - User content policy;
      - Privacy policy;

    3. Certain functionality of the Wallcraft service is available only after User authorisation or authorisation in the Wallcraft app.

    4. The User goes through an authorisation via “Sign in with Google” and “Sign with Apple” services. After authorisation, the User is assigned a unique identifier that is visible to the other Users of the Wallcraft app. The User can change the identifier visible to other Users.

    5. If the User decides to change the identifier, which is visible to other Users, it is not allowed to use obscene, inappropriate, discrediting and other words and expressions (in any language), which may be unacceptable to other Users by the opinion of the Service administration. Users can report inappropriate profiles to force their limitation or removal.

    6. User accounts can be blocked or deleted by the Service administration for breaching the terms of this Agreement without any explanations.

    7. Functionality which is available only after authorisation is determined solely by Volkraft LLC and may change any time.

    8. Licensed content and User generated content is freely provided to Users for viewing and setting as a wallpaper. Access to Exclusive content, AI-artist content and ability to download any content may be gained via in-app purchases by buying a subscription to the Wallcraft Service. Access to the ability to set as a wallpaper Exclusive content also may be gained for virtual coins. Users can get virtual coins for watching rewarded ads.

    9. Virtual coins wallet balance is stored directly on the User's device up to reinstalling the Wallcraft app. Volkraft LLC is not guaranteeing the possibility of wallet balance restoration after reinstallation of the Wallcraft app. Restoration of wallet balance after reinstalling the Wallcraft app is possible only if the User was previously authorized. User’s account stores information about the balance of the virtual coins wallet, content unlocked by the User for downloading, a favorite content section and also provides the access to the User Generated Content functionality in the Wallcraft service according to art 6 of the Agreement.

  5. Intellectual property

    1. The design, source and object code of the Wallcraft App, content which is accessible through the Wallcraft Service, with the exception of content published by Users via “User Generated Content” functionality and AI-Artist function, are intellectual property of Volkraft LLC or provided to them by third parties. Any copying, modification, distribution, except for the cases expressly specified in this Agreement, is not allowed.

    2. User has no rights to modify, decompile, disassemble, decrypt and perform other actions with the object code of the Wallcraft app, aimed at obtaining information about realization of algorithms, used in the Wallcraft app, create derivatives works using the Wallcraft app, as well as to exercise (authorize) other than main use purpose of the Wallcraft app, without the written consent of Volkraft LLC. With the exception of using the Wallcraft app in a way expressly provided by this Agreement or Russian legislation.

    3. The User has no rights to reproduce and distribute the Wallcraft app for commercial purposes (including for a fee), including using the Wallcraft app as part of compilations of software products, without the written consent of Volkraft LLC.

    4. The User has no rights to distribute the Wallcraft app in a form different from the one that the User received it, without the written consent of Volkraft LLC.

    5. The Wallcraft app must be used (including distributed) under the official title indicated in the official publication sources (clause 2.4 of this Agreement). The User has no rights to modify the official application title, modify and/ or remove the copyright notice or other reference to Volkraft LLC.

    6. Exclusive content in the Application is intellectual property of "Volkratt" LLC. Use of Exclusive Content is allowed only for personal non-commercial purposes, directly provided by the main functionality of the application - use as wallpaper on the device of the User who has obtained access to this content in a lawful way (in accordance with para. 4.9. of the Agreement).

  6. User Generated Content

    1. This section of the Agreement applies to the relationship between the User and Volkraft LLC during User usage of User Generated Content function. This functionality allows Users to publish images on the Wallcraft Service.

    2. Access to UGC functionality is available only after User authorisation in the Service.

    3. User guarantees us that he/she has all rights and needed permissions for image publication, and in case User does not have it he/she agrees not to upload such images on the Service.

    4. Volkraft LLC doesn't authorize or initiate Users image transfer, but provide Users with the technical ability to publicize their images in the Wallcraft app.

    5. User agrees that the images which are published within the Service will be available to other Users of the Wallcraft app as any other content in the Wallcraft app.

    6. The User is solely responsible for the images published by him/her in the Wallcraft app, including whether images are compliant with the requirements of the legislation of the Russian Federation, or whether images violate the rights of third parties. The User independently compensates for any losses incurred by other Users, third parties or Volkraft LLC as a result of these violations and/ or publishing images on the Service that violate the legislation of the Russian Federation or third parties’ rights.

    7. Volkraft LLC is not liable in the case of User’s violation of the exclusive rights of third parties. We do not check and do not have the technical ability to check all the images published by Users via UGC function, whether they comply with the requirements of the legislation of the Russian Federation and the provisions of this Agreement, since implementation of such ability can make the Application's maintenance impossible. However, we may check some content any time at our sole discretion in the case of a corresponding doubt.

    8. Volkraft LLC has the right to:

      1. do not store images that uploaded by Users on the Service;

      2. without prior notice in our sole discretion to discontinue the UGC function maintenance;

      3. restrict or block User’s access to the UGC functionality without prior notice in case of violations of this Agreement;

      4. delete images were uploaded by Users on the Service;

      5. not to guarantee to Users that content uploaded by other Users is appropriate for every other Users;

      6. apply measures for image deletion if such images violate this Agreement, User content policy or Russian legislation;

      7. respond to User’s complaints to published images and other User’s profiles;

    9. User has right to:

      1. set images publicated in the Wallcraft app on user’s device as a wallpaper;

      2. store downloaded images on User’s device for personal non-commercial purposes;

      3. publish to the Service any images if such images do not violate this Agreement, the legislation of the Russian Federation or third party’s rights;

      4. make reports about inappropriate images to force removing of them;

      5. make reports to abusive User’s profiles to force removing of them;

      6. block abusive Users to hide all content published by them in app;

      7. request the deletion of the account registered by the User through sending a corresponding request to the email address: support@wallpaperscraft.com;

    10. User is obliged to:

      1. follow the terms of this Agreement and the requirements of the legislation of the Russian Federation;

      2. while using UGC functionality to comply with User content policy;

      3. do not use UGC functionality for purposes contrary to the law and the terms of this Agreement;

      4. do not use UGC functionality for purposes to defame or harm identity, reputation, honor or dignity of other person;

      5. do not use UGC functionality for purpose to disrupt its functionality or functionality of the Wallcraft App;

      6. do not use UGC functionality for purposes causing damage to Volkraft LLC. To insulate Volkraft LLC from such damage;

      7. do not repeatedly publish images that were deleted due to rules or law violations;

      8. do not publish images that contain inappropriate themes which is prohibited by this Agreement or User content Policy;

      9. do not take actions involving other Users in activities that are contrary to the law or these rules;

      10. do not spread via UGC functionality the following types of information:

        1. defamatory, offensive, degrading the honor and/ or dignity of a third party, containing threats to other persons;

        2. violating the rights and legitimate interests of third parties;

        3. violating the rights on a privacy or public order;

        4. promoting discrimination against people on racial, ethnic, sex, religious beliefs, social status, sexual orientation or other grounds;

        5. encouraging and/ or calling for change of constitutional order, the start the war, religious, racial or ethnic hatred, containing attempts to incite hostility or calls for violence, infringing on the rights of minorities;

        6. pornographical or sexual explicit materials;

        7. extremist materials;

        8. offending religious feelings of Users;

        9. defaming the business reputation of Volkraft LLC and third parties;

        10. information created in someone else’s interests that do not correspond to the purposes of the Wallcraft app or the functioning of the Service;

        11. other information that violate the legislation of the Russian Federation or these rules;

      11. not to distribute on the Service or in the Wallcraft app malicious software or other software designed for to disrupt, modify, block, destruct functionality of any computer or telecom equipment or programs for unauthorized access, as well as serial numbers, keys to commercial software products and programs for their generation, login credentials, and other means for obtaining unauthorized access to sites or paid resources on the Internet;

      12. do not disrupt normal functionality of the Service or the Wallcraft app;

      13. do not distribute or use software, bots, scripts for unauthorized compiling, collecting and transfer the information, its modification or deletion, as well as to bypass the restrictions setted by administration of the Service and the Wallcraft app;

      14. do not publish or use on the Service and the Wallcraft app information protected by intellectual property laws (including, but not limited to information affecting patents, trademarks, copyright and/ or related rights) and other protected by law information without the appropriate rights and permissions from the copyright holder of such information. In the case of a disputable situation, burden of proving that the information published by User does not violate anyone’s rights lies with such User;

      15. do not publish or distribute on the Service and in the Wallcraft app commercial ads without prior consent of Volkraft LLC;

      16. do not collect, store, distribute and do other actions to process personal information of other Users;

      17. do not publish on the Service and in the Wallcraft app links to other sites or online resources which contains information contrary to the legislation of the Russian Federation or this Agreement;

      18. do not distribute information promoting, advertising, involving people in high-risk financial or fraudulent activities, “ponzi schemes”, multi-level marketing etc;

      19. at the registration on the Service, do not indicate false personal information about yourself, do not register and do not act on the Service on behalf of another real or existing person, do not indicate personal information of third parties or persons, do not use any forms and methods of illegal representation of third parties or persons;

      20. do not take actions aimed at blackmailing, racketeering, receiving money, regardless of the context from other Users or third parties via the Service or the Wallcraft app;

      21. do not promote usage of drugs or other and psychotropic substances, do not involve other Users in the prostitution activities via the Service or the Wallcraft app;

      22. not to assist in the performing and not to perform unlawful, illegal actions that contradict the requirements of the legislation of the Russian Federation and this Agreement during use of the Service and the Wallcraft app;

    11. Image usage rights

      1. By uploading and/ or publishing images on the Service, User grants Volkraft LLC a non-exclusive license to use such images throughout the world, free of charge by reproducing, systematization, changing the technological nature, publishing, and making them available to the public by any legal means. Also, by uploading/ publishing images, User guarantees Volkraft LLC that User has all appropriate rights and powers to grant Volkraft LLC the above permissions to use the images that were published by User.
  7. AI Artist

    1. AI Artist is a feature that allows Users to create images based on the User’s text request. It is based on Stable Diffusion technology (by Stability AI), distributed under the terms of the Creative ML OpenRAIL-M license (https://huggingface.co/spaces/CompVis/stable-diffusion-license).

    2. After the AI Artist has created an image on the User’s text request, this image is published in the Application and becomes available to all other Users of the App.

    3. Users get access to full AI Artist functionality on the basis of paid subscription. If there is no subscription, the User can access the limited functionality of the AI Artist (the ability to view images created by other Users and the ability to create new images by text requests). Access to downloading the output of the AI Artist and installing it as a wallpaper, can be available to Users who have no subscription, by viewing Rewarded Ads.

    4. Volkraft LLC has the right to stop support of AI Artist functionality at any moment, without prior notification of Users for technical or other reasons.

    5. Images created by the AI Artist can be deleted by the administration of the App at any time without giving any reasons.

    6. Volkraft LLC is not liable in the case of User’s violation of the exclusive rights of third parties while using the AI Artist.

    7. AUsers are prohibited from using the AI Artist and its derivatives for the following purposes:
      ● In any way that violates any applicable national, federal, state, local or international law or regulation;
      ● For the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
      ● To generate or disseminate verifiably false information and/ or content with the purpose of harming others;
      ● To generate or disseminate personal identifiable information that can be used to harm an individual;
      ● To defame, disparage or otherwise harass others;
      ● For fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
      ● For any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
      ● To exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
      ● For any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
      ● To provide medical advice and medical results interpretation;
      ● To generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

  8. For copyright holders/ authors

    Volkraft LLC respectfully treats the legislation, author rights and rights of third parties on any content and demands this not only from ourselves but from our Users too. In case you think some of content published by our Users violates your copyright or rights of copyright holder, you can report this in two ways:
        1) by filling notification form with “report” button in the Application (exclamation sign in the triangle button on the same screen with the image)
        2) by sending a filled form to complaints-legal@wallpaperscraft.com
    For more information on how to file a complaint with a copyright holder, please refer to the Copyright Complaints Guide.

  9. Limitation of liabilities

    1. The Wallcraft app and its functionalities are provided to you AS IS. Volkraft LLC disclaims any guarantees that the Wallcraft app or its functionality may or may not be suitable for specific purposes of use. Volkrfaft LLC cannot guarantee and does not promise any specific results from the use of the Wallcraft app or its functionality.

    2. Volkraft LLC tries to ensure the proper functioning of the Service 24/7, however, Volkraft LLC does not bear any responsibility if any violations occur in the operation of the Wallcraft app or the Service for any reason.

    3. Volkraft LLC does not guarantee to anyone that any information that was published on the Service will be available at any time, or not be lost or deleted nor is it responsible for delays and failures in the operation of the Wallcraft app and the Service, as well as for the possible consequences of delays and failures.

    4. Volkraft LLC is not responsible for possible data leakage from the Service databases including leakage as a result of unauthorized actions of third parties.

    5. Using the Wallcraft app, the User agrees that he downloads content from Wallcraft app at his own peril and risk and bears personal responsibility for possible consequences.

    6. Under no circumstances Volkraft LLC or its representatives shall be liable to the User or to any third parties for any indirect, accidental, unintentional damage, including damage to honor, dignity or business reputation caused from the use of the Wallcraft app, the Wallcraft Service and its functionality.

    7. Under any circumstances the liability of Volkraft LLC in accordance with art. 15 of the Civil Code of the Russian Federation is limited to 10000 russian roubles in the presence of fault in its actions.

    8. Volkraft LLC is not liable for damage, data loss, unauthorized access to User’s device if the User installs the Wallcraft app from unofficial sources not directly specified in clause 2.4 of this Agreement.

  10. Other conditions

    1. This Agreement is governed by and interpreted in accordance with the legislation of the Russian Federation.

    2. Issues that are not regulated by this Agreement are subject to resolution in accordance with the legislation of the Russian Federation.

    3. Disputes arising from relations governed by this Agreement shall be resolved in the manner prescribed by the current legislation of the Russian Federation.

    4. The User and Volkraft LLC will try to resolve all disputes and disagreements between them through negotiations. If it is impossible to resolve disputes and disagreement through negotiations, they are subject to consideration in the appropriate court at the location of Volkraft LLC.

    5. In cases where one or more provisions of this Agreement are found to be invalid or unenforceable this does not affect the validity or applicability of the remaining provisions of the Agreement.

    6. The Agreement is written in Russian.

    7. The Russian language version of this Agreement takes precedence over existing translations, which are for reference only.

    8. If you have any questions about this Agreement, you can contact us via email legal@wallpaperscraft.com.