By accessing the website www.vanillagallery.com (“Website”) and signing up for a subscription plan or purchasing a digital product, you confirm that you have read and agree to the following Terms and Conditions that are expressly incorporate by reference (collectively “Terms of Use”):

The terms “Company,” “we,” “our,” or “us” refer to My Vanilla Gallery, which owns and operates this website or any associated social media channels/accounts, blogs, emails or mobile applications (collectively “Site”).

The terms “customer,” “you,” “user,” and “your” refer to you, the individual accessing this Website and using our Services/Products, thereby accepting the Terms of Use set forth by the Company.

The terms “Product,” “Products,” and “Content” refers to, but is not limited to, materials, resources, or information we provide through our digital products, courses, memberships, subscription plan, services, or any digital content delivered or downloaded via website, email or other electronic methods provided by our Company as a result of our commitment and services (“Services”). This can includes documents, programs, courses, community platforms, membership sites, PDFs , live posts, and similar offerings.

The terms “user account” or “account” refers to the online account created and maintained by you on the Website to access our Products or Services.

The terms “Party” or “Parties” refer to both the Customer/User and The Company or either the Customer/User or The Company individually.

1.TERMS OF USE

1.ACCEPTANCE OF TERMS OF USE

These terms of use are entered into by and between you and the Company. The following terms and conditions, that are expressly incorporate by reference (collectively “Terms of Use”), govern your access to and use our Products/Services. Please review these Terms of Use carefully before using our Services. By accessing the Site and using our Services you confirm that you accept and agree to be bound by these Terms of Use. If you do not agree to the Terms of Use, you should not use this website or using our Services. If you are using our Products on behalf of a business, you represent that the business also agrees to these Terms of Use.

1.2. CHANGES TO THE TERMS OF USE

We reserve the right revise and update these Terms of Use from time to time at our  discretion. If we change these Terms of Use, depending on the nature of the change, we will update this page and indicate the date of the latest revision at the top of these terms were last revised and/or notify you, either through the Site, via banner on the website, in an email notification or through other reasonable means. You are expected to review this page periodically to stay informed of any updates, as they will be binding on you.

2.AGE RESTRICTIONS

Use or access by individuals under the age of 16 is prohibited unless allowed by the laws of your country of residence. Certain regions or products may have additional requirements or restrictions. All rights not explicitly granted to you under these Terms and Conditions remain reserved by the Company.

3.ASSUMPTION OF RISK

Your use of this Site is completely voluntary and at your own risk. By accessing our Site and Services, you agree that we are not responsible or liable for any harm or damage to you, your business, personal life, health (physical or mental), finances, or any other aspect, arising from your use of the Site or Services. This includes any decisions or actions you take—or choose not to take—based on the information provided. We strongly advise consulting with a qualified professional for any personal questions or concerns.

4.USER CONDUCT

By accessing and using our Site, Services, and/or Products, you agree to comply with the following Rules of Conduct. If you fail to adhere to these Rules, we reserve the right to revoke your access to the Site and/or Services. Our Services enable you to share via any social media platform your content  ("User Content") from your user account. As a user of the Site, you retain all intellectual property rights in, and are responsible for the User Content you create and share you agree not to post any Prohibited Content like:

• Use of profane language or inappropriate content;

• Content that promotes, supports, or encourages discrimination;

• Inappropriate sexual material, links to explicit content, nudity, or obscenity;

• Engagement in or promotion of illegal activities;

• Disclosure of private or confidential information;

• Content that infringes on the legal rights or ownership of others.

5.PAYMENT TERMS

When you purchase our Products and/or Services using a credit or debit card, you authorize us and our third-party service providers to charge your card for the amount due for the products and/or services.

You agree not to dispute any charges made to your credit card, including chargebacks. If a dispute is inadvertently filed, you agree to promptly cancel or retract it. We reserve the right to report such disputes to credit bureaus as a delinquent account and take appropriate actions to recover the funds, including pursuing collection, which may involve legal fees.

When you make a purchase, your personal information (such as contact and card details) may be collected by a third-party service provider, whose privacy policies or security practices may differ from ours. We are not responsible for the independent policies or practices of the service provider.

6.VAT POLICY

Applicable VAT
As per Portugal's laws and regulations, digital products sold on this Website are subject to the Portuguese Value Added Tax (VAT) rate of 23%. This VAT is applied to the price of all digital products displayed on the Website.

EU Customers
Customers located within the European Union will be charged the Portuguese VAT rate of 23% on their purchases, regardless of their country of residence within the EU, in compliance with applicable VAT rules for digital goods.

Non-EU Customers
Customers located outside the European Union are not subject to Portuguese VAT. However, they may be responsible for any local taxes, duties, or charges as required by their respective jurisdictions.

Pricing Transparency
All prices displayed on the Website are exclusive of VAT. VAT will be added, or not, after the determination of the residence when insert cart details. The final breakdown, including VAT, will be provided at the end of checkout.

7.INVOICES

Invoices may not be sent automatically due to the system of our third-party platform. However, customer can request their invoices by contacting us via email at  hello@myvanillagallery.com. We will respond to invoice requests as soon as possible and provide the necessary documentation. Please include your order details and any relevant information in your email to ensure a smooth process.

8.REFUND POLICY

Due to the nature of digital downloads and products, all sales are final, and we cannot accept returns or issue refunds of our Products and Services under any circumstance.

9.DIGITAL PRODUCT DELIVERY

Upon creating an account, you will be directed to complete the payment process for the Product you selected. Once you've added your login details and complete the payment you'll be able to access the digital files instantly. For any difficulties accessing the files or questions, email us at hello@myvanillagallery.com

10.SUBSCRIPTION TERMS (MEMBERSHIPS)

10.1.SUBCRIPTION PLANS OPTIONS  You can choose from our subscription options to suit your needs, each of which is subject to the Terms of Use of our membership, which are as follows:

MONTHLY SUBSCRIPTION: For monthly subscriptions, you receive one month of access. If a month does not have the anchor day, the subscription will be billed on the last day of the month. You may cancel the automatic renewal of your monthly subscription at any time, and your access will end at the end of the current term.

QUARTERLY SUBSCRIPTION For quarterly subscriptions, you receive three months of access. You may cancel the automatic renewal of your monthly subscription at any time, and your access will end at the end of the current term.

ANNUAL SUBSCRIPTION For annual subscriptions, you receive one year of access. You may cancel the automatic renewal of your annual subscription at any time, and your access will end at the end of the current term.

10.2 RECURRING BILLING AND PAYMENT AUTHORIZATION

By purchasing a membership or subscription with our Company, you authorize us to charge your credit card on a recurring basis, based on the selected plan. The billing cycle will begin on the date of your initial purchase and continue at the specified intervals (e.g., monthly, quarterly or annually) until you cancel. Your subscription will remain active for the agreed term and will automatically renew according to your selected plan, unless you provide prior notice of cancellation before the end of the current subscription term.

10.3 CANCELLATION OF SUBSCRIPTIONS

You can cancel your subscription at any time before the renewal date. To avoid any additional charges, please make sure to cancel before the billing date specified in your subscription details. If you cancel after the renewal, you will continue to have access until the end of the current billing period for which you've already been charged.

The cancellation will only affect future billings; the current subscription term that has been paid for will not be eligible for a refund and will remain active until its completion.

Please note that refunds will not be issued for any previously renewed subscription period, as our service offers digital products that are considered used upon purchase and are non-returnable.

10.4 CHANGES TO SUBSCRIPTIONS

We reserve the right to modify, cancel, suspend, or terminate any part of the membership program, including membership fees, features, or benefits. In the case of significant changes, we will provide reasonable notice to current members.

11.SERVICES/PRODUCT(S)

The Website allows you to purchase digital files (Products) for a fee. Each purchase is intended for use by one person unless specified otherwise. You are not allowed to share your purchase or provide access to a third party. The products provided for a fee through our Website constitute our intellectual property and may not be exploited in any way prohibited by these terms.

12.TERMINATION OF OPERATIONS

In the event the Company discontinues its operations or is dissolved, all active services and subscriptions will be terminated. We will provide with a 30-day notice to all affected customers.

13.DISCLAIMER

The content provided on this Website is for general informational purposes only. While we strive to ensure that the information is accurate and up-to-date, the Company makes no representations or warranties, express or implied, regarding the accuracy, completeness, reliability, or availability of the content on this Website.

The Company does not guarantee that the Website will be free from errors, interruptions, or viruses, and will not be liable for any damages arising from the use or inability to use the Website, including but not limited to direct, indirect, incidental, special, or consequential damages.

Your use of the Website is at your own risk. We recommend that you take appropriate precautions to protect your data and devices when accessing or interacting with the Website.

14.PRIVACY

We are committed to protecting your privacy. Information collected, particularly email addresses, will only be used to facilitate and deliver orders as part of our commitment to providing the services our customers have paid for. We may also use your email to promote our other products/services as also any promo codes and sales. You can opt out at any time by clicking the unsubscribe button in any email we send.

15.NTELLECTUAL PROPERTY

Unless otherwise specified, the Website and all its contents, including source code, databases, software, designs, audio, videos, text, photographs, graphics (collectively referred to as "Content"), and the trademarks, service marks, and logos displayed (referred to as "Marks"), are the exclusive property of us or are licensed to us. These elements are safeguarded by applicable intellectual property and competition laws across various jurisdictions, including the EU, US, and internationally.

16.INDEMNITY

By using this Website, you agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, damages, losses, liabilities, costs, and expenses (including, without limitation, reasonable legal fees) arising out of or in connection with:

1. Your use of, or inability to use, the Website or any Content.

2. Your violation of these Terms of Use or any applicable law or regulation.

3. Your infringement or violation of any third-party rights, including intellectual property or privacy rights.

4. Any content you submit, upload, or share through the Website.

This indemnity obligation will survive the termination of these Terms of Use and your use of the Website.

17.SEVERABILITY

If any provision of these Terms of Use is found to be unlawful, invalid, or unenforceable by a court or other competent authority, such provision shall be deemed modified to the extent necessary to make it enforceable, or if modification is not possible, the provision shall be deemed severed from these Terms of Use. The remaining provisions shall continue in full force and effect.

18.APPLICABLE LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of Portugal, without regard to its conflict of law principles. By using this Website, you agree that any disputes, claims, or legal actions arising from or related to these Terms of Use or your use of the Website shall be exclusively brought in the courts of Portugal, and you consent to the jurisdiction of such courts.

19.ENTIRE AGREEMENT

These Terms of Use, together with any other legal notices or agreements published by the Company on this Website, constitute the entire agreement between you and the Company concerning your use of the Website. Any prior or contemporaneous agreements, representations, or understandings, whether oral or written, are superseded by this agreement. If any provision of these Terms of Use is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.

20. CONTACTING US

If you have any questions, concerns, or feedback regarding these Terms of Use or any other aspect of the Website, please feel free to contact us at: hello@myvanillagallery.com