Terms of Service & Privacy Policy

Last Updated: May 25, 2024

Welcome to FinalFinal. Please read these terms and our privacy policy carefully before using our platform.

1. Introduction

These Terms of Service ("Terms") govern your access to and use of FinalFinal's services and platform ("Service"). FinalFinal is a German-based service provider that connects Adobe design tools directly to WhatsApp for streamlined design review and client feedback.

By accessing or using our Service, you agree to be bound by these Terms. This includes designers who create accounts with us, as well as clients who interact with our Service through WhatsApp without creating an account.

FinalFinal is a design review platform that enables seamless sharing of design work from Adobe applications to clients via WhatsApp, allowing designers to receive feedback without disrupting their creative workflow.

2. Service Description

FinalFinal connects Adobe design tools to WhatsApp through official APIs, allowing designers to share work directly from their creative environment to clients via WhatsApp.

The core functionality includes:

  • Image sharing from Adobe applications to WhatsApp
  • Text-based feedback from clients via WhatsApp
  • Management of design feedback within the Adobe environment

Currently, the Service supports image sharing and text feedback only. Future expansions planned include audio feedback, video feedback, and file sharing capabilities.

3. Subscription Terms

FinalFinal offers subscription-based access to the Service with various tiers designed for individual designers and teams.

3.1 Billing and Payment

Subscriptions are billed monthly or annually, with payments processed through industry-standard payment processors. Prices are displayed in USD unless otherwise specified.

3.2 Auto-Renewal

All subscriptions automatically renew at the end of each billing cycle unless cancelled at least 48 hours before the renewal date. Cancellations can be made through your account settings.

3.3 Subscription Changes

You may upgrade or downgrade your subscription at any time. Upgrades take effect immediately with prorated billing. Downgrades take effect at the end of the current billing cycle.

4. Designer Accounts

Access to FinalFinal requires creating a designer account through our platform.

4.1 Account Creation

To create an account, you must provide accurate and complete information. You must be at least 18 years old and have the legal authority to bind yourself to these Terms.

4.2 Account Responsibilities

You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. We recommend using strong passwords and enabling two-factor authentication when available.

4.3 Account Termination

You may terminate your account at any time through the account settings. Upon termination, your data will be handled as described in Section 8 (Data Storage and Security).

5. Client Interaction

Clients interact with FinalFinal through WhatsApp without creating an account on our platform.

5.1 Client Consent

As a designer, you must obtain consent from your clients before adding them to FinalFinal. By receiving and responding to communications from FinalFinal, clients acknowledge and agree to be bound by these Terms.

5.2 Client Identification

Clients are identified by their WhatsApp phone number. Designers are responsible for ensuring the accuracy of client contact information.

5.3 Communication Limitations

Client interactions are limited to the features supported by WhatsApp and FinalFinal integration. Clients may opt out of communications at any time by replying "STOP" to any FinalFinal message.

6. Acceptable Use Policies

All users must comply with our acceptable use policies when using FinalFinal.

6.1 Prohibited Activities

You may not use the Service to:

  • Transmit any illegal, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable content
  • Impersonate any person or entity
  • Interfere with or disrupt the Service or servers connected to the Service
  • Attempt to gain unauthorized access to any part of the Service
  • Use the Service for any commercial solicitation purposes without our express consent

6.2 Content Restrictions

All content shared through the Service must comply with applicable laws and regulations. Specifically prohibited are:

  • Pornographic or sexually explicit material
  • Content that infringes on intellectual property rights
  • Content that promotes discrimination, bigotry, racism, or harm against any group or individual
  • Content that is illegal or promotes illegal activities

6.3 Enforcement

We reserve the right to remove any content and suspend or terminate accounts that violate these policies. Serious violations may be reported to law enforcement authorities.

7. Intellectual Property Rights

Using FinalFinal does not transfer ownership of intellectual property rights in your designs or content.

7.1 Ownership

Designers retain all ownership rights to their designs and creative work. Clients retain ownership of their feedback and comments.

7.2 Limited License

By uploading content to FinalFinal, you grant us a limited, non-exclusive, royalty-free license to transmit, store, display, and process that content solely for the purpose of providing the Service.

7.3 Third-Party Content

You must have all necessary rights and permissions for any third-party content you share through FinalFinal. You are solely responsible for ensuring your use of such content does not infringe on any third-party rights.

8. Data Storage and Security

FinalFinal implements industry-standard security measures to protect your data.

8.1 Design File Storage

Design files are stored in Amazon S3 with encryption at rest. We recommend that designers avoid sharing highly sensitive designs without additional encryption.

8.2 Message Data

Communication data, including client messages and feedback, is stored in MongoDB with appropriate security controls implementing industry best practices.

8.3 Data Retention

Design files and message data are retained for the duration of your active account plus 30 days after account termination, unless you request earlier deletion. Backup copies may be retained for up to 90 days for disaster recovery purposes.

9. Privacy Practices

Our comprehensive Privacy Policy details how we collect, use, and protect your information. Key points include:

  • We collect personal information necessary to provide the Service, including contact details and usage data
  • We do not sell your personal information to third parties
  • Personal information is protected according to EU GDPR regulations and industry best practices
  • You have the right to access, correct, and request deletion of your personal data

For full details, please review our Privacy Policy.

10. Third-Party Integrations

FinalFinal integrates with third-party services to provide core functionality.

10.1 Adobe Integration

FinalFinal integrates with Adobe software through official Adobe APIs. Changes to Adobe's platforms or APIs may affect the functionality of our Service. We are not responsible for any disruptions caused by changes to Adobe's services.

10.2 WhatsApp Integration

FinalFinal connects to WhatsApp via Twilio's WhatsApp Business API (WABA). This integration is subject to WhatsApp's and Twilio's terms of service. Changes to their platforms may affect our Service.

10.3 Other Integrations

As we expand our Service, additional third-party integrations may be added. Each integration will be subject to the terms and conditions of the respective third-party service.

11. Support Services

FinalFinal provides support for the Service through designated channels.

11.1 Support Channels

Support is available through in-app chat and email. Phone support is not currently available.

11.2 Response Times

We aim to respond to all support requests within 24 business hours. Critical issues are prioritized based on impact.

11.3 Escalation

If your issue is not resolved satisfactorily, you may request escalation through our support channels.

12. Service Availability and Modifications

We strive to maintain continuous availability of our Service but cannot guarantee uninterrupted access.

12.1 Uptime Commitment

We aim for 99.9% service uptime, excluding scheduled maintenance. We do not provide service level agreements (SLAs) unless explicitly stated in enterprise contracts.

12.2 Maintenance and Updates

Scheduled maintenance will be announced at least 48 hours in advance whenever possible. Emergency maintenance may occur with shorter notice.

12.3 Feature Modifications

We reserve the right to modify, add, or remove features from the Service. Significant changes will be communicated at least 14 days before implementation.

13. Limitation of Liability

To the maximum extent permitted by law, FinalFinal shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from:

  • Your use or inability to use the Service
  • Any unauthorized access to or alteration of your data
  • Statements or conduct of any third party on the Service
  • Any loss or corruption of design files or feedback data

In no event shall our total liability exceed the amount you paid for the Service in the 12 months preceding the event giving rise to the liability.

14. Indemnification

You agree to indemnify, defend, and hold harmless FinalFinal, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another
  • Your content shared through the Service

We will promptly notify you of any such claim and cooperate with you in defending against it. We reserve the right to assume control of the defense at our discretion.

15. Dispute Resolution

These Terms shall be governed by the laws of Germany, without regard to its conflict of law provisions.

15.1 Jurisdiction

Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Berlin, Germany, unless mandatory consumer protection laws in your country of residence provide for different jurisdictional rules.

15.2 Informal Resolution

Before pursuing formal dispute resolution, you agree to attempt to resolve the dispute informally by contacting us at legal@finalfinal.fr. We will attempt to resolve the dispute through customer support.

15.3 Alternative Dispute Resolution

For EU consumers, the European Commission provides an Online Dispute Resolution platform, available at http://ec.europa.eu/consumers/odr/. We are not obliged and generally not willing to participate in dispute resolution procedures before a consumer arbitration board.

16. Termination

FinalFinal reserves the right to suspend or terminate your access to the Service for violation of these Terms or for any other reason at our discretion.

16.1 Account Suspension

Accounts may be suspended temporarily for investigation of potential violations. During suspension, you may not have access to your account or content.

16.2 Post-Termination

Upon termination, your right to use the Service immediately ceases. We will retain your data as described in Section 8.3 (Data Retention).

16.3 Final Billing

Upon termination, you will be billed for any outstanding charges. Refunds are issued at our discretion and in accordance with our refund policy.

17. Future Service Enhancements

FinalFinal is continuously evolving, and additional features are planned for future releases.

17.1 Planned Additions

Future enhancements may include audio feedback, video feedback, file sharing, and team collaboration features. The availability and timing of these features are not guaranteed.

17.2 Terms Updates

As new functionalities are added, these Terms will be updated to accommodate them. You will be notified of significant changes as described in Section 18.

18. Changes to Terms

We reserve the right to update these Terms at any time. Significant changes will be communicated to users through email or in-app notifications.

18.1 Notification

For material changes, we will provide at least 30 days' notice before the changes take effect. Less significant changes may be implemented with shorter notice.

18.2 Acceptance

Your continued use of the Service after the changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and cancel your subscription.

19. Contact Information

For questions about these Terms or the Service, please contact us:

  • Email: legal@finalfinal.fr
  • In-app chat: Available during business hours (9 AM - 5 PM CET, Monday through Friday)
  • Mailing address: FinalFinal GmbH, Hohenwaldeckstr 35, 81541 Munich, Germany
  • For legal notices: legal@finalfinal.fr

FinalFinal is operated by Matheus Mello Jacques, a company registered in Germany with registration in Munich.

1. Information We Collect

FinalFinal collects information necessary to provide and improve our services. This includes information you provide directly and data we collect automatically.

1.1 Personal Information

We collect the following personal information:

  • Account Information: Name, email address, password, and profile information
  • Contact Information: Phone numbers and WhatsApp contact details for you and your clients
  • Payment Information: Credit card details and billing addresses (processed securely by third-party payment processors)
  • Communications: Messages, feedback, and correspondence you exchange with us

1.2 Usage Data

We automatically collect certain information when you use our Service, including:

  • Device information (device type, operating system, browser type)
  • Log data (IP address, access times, pages viewed)
  • Usage patterns and feature interaction statistics
  • Performance data and error reports

1.3 Design Content

We collect and store design files you share through our platform and the feedback received from clients about these designs.

2. How We Use Your Information

We use the collected information for the following purposes:

  • Provide and maintain our Service: To deliver the core functionality of connecting Adobe tools to WhatsApp for design sharing and feedback
  • Process transactions: To manage your subscription, process payments, and send related communications
  • Improve our Service: To understand usage patterns, fix bugs, and develop new features
  • Communication: To respond to your inquiries, provide support, and send service-related notifications
  • Marketing: To send updates about our services, features, and promotions (you can opt out of marketing communications)
  • Security: To detect, prevent, and address technical issues, fraud, and abuse
  • Legal compliance: To comply with applicable laws, regulations, and legal processes

2.1 Data Minimization

We are committed to data minimization principles and only collect information that is necessary for the stated purposes. We regularly review our data collection practices to ensure we only process what is required to provide and improve our services.

3. Your Rights and Choices

You have certain rights regarding your personal information, which you can exercise by contacting us at privacy@finalfinal.com.

3.1 Access and Update

You can access and update most of your personal information through your account settings. For information you cannot access directly, you can contact us to request access or updates.

3.2 Delete Your Data

You can request deletion of your personal data by:

  • Deleting your account through account settings
  • Contacting us at privacy@finalfinal.com to request complete erasure
  • Specifying which data you want deleted if you wish to retain some services

Note that we may retain certain information as required by law or for legitimate business purposes.

3.3 Additional Rights

Depending on your location, you may have additional rights under applicable data protection laws, including:

  • The right to object to processing of your personal data
  • The right to data portability
  • The right to restrict certain processing of your data
  • The right to withdraw consent where processing is based on consent

4. Data Storage and Security

We implement appropriate technical and organizational measures to protect your information.

4.1 Storage Infrastructure

Your data is stored on secure servers in the European Union, managed by industry-leading cloud service providers with strong security protocols:

  • Design files are stored in secure cloud storage with encryption at rest
  • Message data and account information are stored in MongoDB with appropriate security controls
  • All data in transit is protected using TLS encryption

4.2 Security Measures

We employ multiple security measures, including:

  • Access controls and authentication for all systems
  • Regular security assessments and vulnerability testing
  • Employee training on security practices
  • Monitoring systems for unauthorized access attempts

4.3 Data Retention

We retain your information as long as your account is active or as needed to provide services. After account termination, we retain your data for 30 days, after which it is deleted. Backup copies may be retained for up to 90 days for disaster recovery purposes.

4.4 Breach Notification

In the event of a data breach that compromises your personal information, we will notify affected users within 72 hours of discovery when required by applicable law. The notification will include:

  • The nature of the breach
  • The categories of information affected
  • Steps we've taken to address the breach
  • Recommendations for protecting yourself
  • Contact information for questions

5. Data Sharing and Disclosure

We do not sell your personal information. We share your information in limited circumstances:

5.1 Service Providers

We share information with third-party service providers who help us operate our business:

  • Payment processors (for billing and subscription management)
  • Cloud hosting providers (for data storage and processing)
  • Communication services (for email, chat support, and notifications)
  • Analytics providers (including Google Analytics) to help us understand service usage

All service providers are contractually obligated to use your information only for the purposes of providing services to us and in compliance with this Privacy Policy.

5.2 Integration Partners

To enable core functionality, we share necessary information with:

  • Adobe (through their official APIs to connect with design tools)
  • Twilio (to enable WhatsApp Business API integration)
  • WhatsApp (to facilitate communication with clients)

5.2.1 WhatsApp-Specific Data Processing

When you provide clients' phone numbers to facilitate design sharing via WhatsApp:

  • We process these numbers solely to enable communication through WhatsApp
  • Numbers are stored securely and only used for the intended purpose
  • Client messaging data is subject to both our Privacy Policy and WhatsApp's Privacy Policy
  • We do not use client contact information for marketing unless explicit permission is given

5.3 Legal Requirements

We may disclose information if required by law, regulation, legal process, or governmental request, or to protect our rights, property, or safety, or those of others.

5.4 Data Protection Officer

We have appointed a Data Protection Officer who can be contacted at: dpo@finalfinal.fr

6. Your Rights Under GDPR

As a company based in Germany, we comply with the European General Data Protection Regulation (GDPR). Under the GDPR, you have the following rights:

  • Right to Access: You can request a copy of your personal data and information about how it is processed.
  • Right to Rectification: You can request corrections to your personal data if it is inaccurate or incomplete.
  • Right to Erasure: You can request deletion of your personal data under certain circumstances.
  • Right to Restrict Processing: You can request restriction of processing of your personal data in certain situations.
  • Right to Data Portability: You can request a copy of your data in a structured, machine-readable format.
  • Right to Object: You can object to processing of your personal data for direct marketing or based on legitimate interests.
  • Rights Related to Automated Decision Making: You have rights regarding automated individual decision-making and profiling.

To exercise these rights, please contact us at legal@finalfinal.fr. We will respond to your request within one month.

6.1 Legal Bases for Processing

We process your personal data under the following legal bases:

  • Contract: Processing necessary to perform our contract with you (e.g., providing our services)
  • Legitimate Interests: Processing based on our legitimate interests, such as improving our services and ensuring security
  • Consent: Processing based on your consent, such as for marketing communications
  • Legal Obligation: Processing to comply with our legal obligations

6.2 Complaints

You have the right to lodge a complaint with a supervisory authority, particularly in the EU member state of your habitual residence, place of work, or place of the alleged infringement. In Germany, the competent supervisory authority is the one for the state of Berlin (Berliner Beauftragte für Datenschutz und Informationsfreiheit).

7. Region-Specific Privacy Provisions

7.1 California Privacy Rights (CCPA/CPRA)

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

  • Right to Know: You can request information about the categories of personal information we collect, the sources from which we collect it, the purposes for which we use it, and the categories of third parties with whom we share it.
  • Right to Access: You can request a copy of the specific personal information we have collected about you.
  • Right to Delete: You can request deletion of your personal information, subject to certain exceptions.
  • Right to Correct: You can request correction of inaccurate personal information.
  • Right to Opt-Out: You can opt out of the "sale" or "sharing" of your personal information, if applicable. FinalFinal does not sell personal information as defined by the CCPA.
  • Right to Non-Discrimination: We will not discriminate against you for exercising your CCPA rights.

To exercise these rights, contact us at privacy@finalfinal.com or visit our [Do Not Sell My Personal Information] page.

We will verify your identity before responding to your request, which may require additional information from you.

7.2 European Data Protection Rights (GDPR)

If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, you have additional rights under the General Data Protection Regulation (GDPR) and similar laws:

7.2.1 Legal Bases for Processing

We process your personal data under the following legal bases:

  • Contract: Processing necessary to perform our contract with you (e.g., providing our services)
  • Legitimate Interests: Processing based on our legitimate interests, such as improving our services and ensuring security
  • Consent: Processing based on your consent, such as for marketing communications
  • Legal Obligation: Processing to comply with our legal obligations

7.2.2 Additional GDPR Rights

In addition to the rights listed in Section 6, you have:

  • Right to Complain: You have the right to lodge a complaint with a supervisory authority
  • Automated Decision-Making: You have rights related to automated decision-making and profiling (though we do not currently engage in such activities)

7.2.3 International Transfers

When we transfer your data outside the EEA, we rely on:

  • Standard Contractual Clauses (SCCs) approved by the European Commission
  • Adequacy decisions where applicable
  • Other appropriate safeguards as required by law

We have appointed a representative within the EU who can be contacted at eugdpr@finalfinal.com.

For business customers in the EU, we offer a Data Processing Addendum (DPA) that complies with GDPR requirements. Please contact us to request our DPA.

8. Cookies and Tracking

We use cookies and similar tracking technologies to enhance your experience with our Service.

8.1 Types of Cookies We Use

We use the following types of cookies:

  • Essential cookies: Required for the Service to function properly
  • Preference cookies: Remember your settings and preferences
  • Analytics cookies: Help us understand how users interact with our Service
  • Marketing cookies: Enable us to deliver relevant advertisements (where applicable)

8.2 Your Cookie Choices

You can control cookies through your browser settings. Most browsers allow you to block or delete cookies. However, if you block essential cookies, you may not be able to use all features of our Service.

8.3 Do Not Track

We currently do not respond to Do Not Track (DNT) signals. However, you can control tracking technologies through your cookie choices.

9. International Data Transfers

FinalFinal is based in Germany, and your information will primarily be processed and stored in the European Union. If you are located outside the EU, your information may be transferred to, stored, and processed in a country with different data protection laws.

For transfers of personal data outside the European Economic Area, we implement appropriate safeguards such as Standard Contractual Clauses approved by the European Commission, Binding Corporate Rules, or other legal mechanisms as required by applicable law.

For transfers to the United States, we rely on Standard Contractual Clauses and additional technical and organizational measures to protect data in accordance with the requirements established following the Schrems II decision of the Court of Justice of the European Union.

10. Children's Privacy

Our Service is not directed to children under 18. We do not knowingly collect personal information from children under 18. If you are a parent or guardian and believe your child has provided us with personal information, please contact us. If we become aware that we have collected personal information from a child under 18 without verification of parental consent, we will take steps to remove that information.

11. Third-Party Links and Services

Our Service may contain links to third-party websites or services that are not owned or controlled by FinalFinal. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We encourage you to review the privacy policies of any third-party services you access.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page and updating the "Last Updated" date at the top.

For significant changes, we will provide at least 30 days' notice through a prominent notice on our Service or by directly sending you a notification. We encourage you to review this Privacy Policy periodically for any changes.

Your continued use of the Service after changes to the Privacy Policy constitutes your acceptance of the revised policy.

13. Contact Us

If you have any questions about this Privacy Policy or our data practices, please contact us:

  • Email: legal@finalfinal.fr
  • Mailing address: FinalFinal GmbH, Hohenwaldeckstr 35, 81541 Munich, Germany
  • Data Protection Officer: dpo@finalfinal.fr

We will respond to your inquiry within one month as required by the GDPR.

14. Version History

May 25, 2024 - Current version: Updated company location to Germany, enhanced GDPR compliance sections, updated contact information, and included additional information regarding data processing in the EU.