This Terms of Service ("this Terms") is entered into by and between you and PixTouch (hereinafter referred to as "PixTouch", "Us", "We" or "Our"), regarding your use of our applications, sites and related services (the "Service"). Your use of the Service is also governed by our Privacy Policy and other relevant policies. Please thoroughly and carefully read this Terms and the Privacy Policy before use or access the Service, especially the content about the restrictions on the users rights, dispute resolution, exemption from or limitations on our liability, and those in bold font and/or BLOCK CAPITAL.
PLEASE NOTE, IF YOU CONTINUE USING OR ACCESSING THE SERVICE, YOU WILL BE DEEMED THAT YOU HAVE FULLY UNDERSTOOD AND ACCEPTED, AND IS WILLING TO COMPLY WITH ALL THE FOLLOWING CLAUSES, AND THIS TERMS SHALL BECOME EFFECTIVE BETWEEN YOU AND US. IF YOU DISAGREE WITH THIS TERMS IN WHOLE OR PART, YOU SHALL IMMEDIATELY STOP USING THE SERVICES.
We reserve the right to modify or change this Terms, the Privacy Policy and other relevant policies from time to time by posting the revised terms on our website, application and other platforms. If you disagree with the revised terms in whole or in part, you have the right to stop the services agreed herein; if you continue using the services, you will be deemed have fully read, understood and accepted the revised Terms.
If you are under the age of legal majority in your jurisdiction, you SHALL NOT use or access our services unless your parent or legal guardian consents to this Terms.
1.1 Although you are not required to create a user account to use the Service, we may internally assign you an ID to provide you with continuous service, and you will not be identified from such ID.
1.2 You may be required to provide the minimum information needed to realize the basic functions of the Service, such as operating system, unique device identifier, login IP address, software version, connection method and type of network, device accelerator (such as gravity sensing device), operation log and album access permissions. For more details about how we collect and use your personal information, please refer to the Privacy Policy. If you fail to maintain accurate, complete, and up-to-date information, you may unable to use partial services.
1.3 You shall responsible for all activities that occur through your ID whether or not authorized by you, including without limitation any purchases. If you become aware of any theft or unauthorized use of our applications on your device, you shall contact us immediately to avoid any further losses.
1.4 If you sign this Terms on behalf of enterprise, you shall guarantee that you have obtained full authorization from the enterprise and have the right to act on behalf of the enterprise, and your actions are binding on the enterprise you represent.
1.5 Your use of the Service is governed by this Terms and Privacy Policy and other relevant policies. PLEASE NOTEthat violation of any of the rules above, may result in suspension and/or termination of the licenses under this Terms.
2.1 After you have been successfully startup our application, you can use photos, videos to edit watchface.To fulfill the same function, we need to access your local albums or other local files on your device, and we will apply for permission before such access. If you want to withdraw such permission, you can simply adjust the permission status through "Settings" on your mobile phone.
2.2 You may share your editing watchface or other contents through our application to social media platforms, including but not limited to Instagram. If you choose to share such contents, please make sure you have the necessary rights to do so and it will not infringe any third party’s legitimate interests or violate any policies of the corresponding platforms, otherwise you SHALL bear any responsibilities and liabilities arising out of it.
3.1 We grant you a worldwide, non-exclusive and non-transferable right to use the Services in compliance with this Terms. You SHALL NOT use, copy, republish, download, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work based on, or reverse engineer the application or other products, services, or processes accessible through our website or applications except as otherwise expressly stated in this Terms.
3.2 We reserve all rights, including but not limited to all intellectual property rights and other proprietary rights to and relating to the Service. You SHALL NOT copy, redistribute, publish, create any derivative work from, or otherwise exploit any content of our applications without our prior written consent.
3.3 We are constantly developing new technologies and features to improve our services. If we make material changes that negatively impact your use of our services or if we stop offering a service, we’ll provide you with reasonable advance notice, but we WILL NOT compensate you for any losses arising out of such changes or termination.
3.4 You are not allowed to use the Service to engage in criminal activities, otherwise you shall bear the corresponding legal responsibility.
3.5 You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our applications and/or websites.
3.6 If you think someone is infringing your intellectual property rights, you can send us notice of the infringement and we’ll take appropriate action. For example, we may suspend or close the services of repeat copyright infringers.
3.7 You SHALL NOT post feedback on Apple App Store or any social media platform in a manner which is false or misleading.
3.8 You SHALL NOT use the Service in any way that may violate applicable laws, regulations or policies of relevant jurisdictions.
4.1 All rights, titles and interests in and to the Service (including without limitation any logos, application names, watchface and other materials) are owned by or legally licensed to PixTouch. PixTouch and the corresponding right holders reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with the Service. You understand and agree that you are only permitted to use the same content to the extent necessary to be user of our applications.
4.2 You hereby acknowledge and agree that any comments and/or feedback you provide to us, watchface formed via our applications, shall be owned by PixTouch. PixTouch reserves the right to use such contents for any purpose, including but not limited to develop our applications, and PixTouch has no obligation to compensate or otherwise pay you for such uses.
4.3 Provided that you are deemed to have retained any right to any contents associate with your use of the Service, you hereby grant PixTouch the sole, exclusive, irrevocable, sublicensable, transferable, worldwide, royalty-free license to copy, reproduce, modify, adapt, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any form, your contents as well as all modified and derivative works thereof in connection with our provision of the Service, including without limitation developing and marketing of our applications.
4.4 You hereby grant to PixTouch the right to authorize others to exercise any of the rights granted to PixTouch under this Terms.
5.1 We DO NOT charge you for using our applications, unless you subscribe for member services via Apple App Store. Also, we will get benefits from Google Admob by publishing advertisements on the applications. For the rates of the service fees, please refer to the price displayed on the applications or email to bbyy.dev@gmail.com
5.2 PLEASE NOTE that any subscription transaction will be addressed by third-party payment providers, like Apple App Store, instead of PixTouch. And therefore, you SHALL carefully read and ensure that you agree to their Terms of Service and Privacy Policies before make any payments through them.
5.3 Subscription auto-renews before the end of the current period, unless canceled 24-hours in advance. You may manage your subscriptions and turned off auto-renewal from your Apple App Store account settings. You may cancel the subscription at any time before the end of the applicable billing period according to Apple App Store Terms of Service. You will not receive a refund for the current billing period, except as otherwise provided in corresponding Store policies.
5.4 In case of refund, as we mentioned above that any subscription transaction will be addressed by third-party payment providers, as well as any refund arising out the subscription transaction. Therefore, refund policies of third-party payment providers will be applied under any refund circumstances. PLEASE NOTE that any applicable taxes and service charges (if any) incurred by your subscription transaction and refund shall be borne by yourself.
5.5 If you have any questions regarding your payment, you shall either contact us or contact the corresponding Store within 48 hours after the payment made.
5.6 PLEASE NOTE THAT, we reserve the right to request for additional fees arising from any damage caused by your use of the Service.
6.1 To the extent permitted by applicable law, we shall not be liable for the following:
any losses that could not reasonably be expected to arise from our negligence or breach of this Terms;
any losses relating to your business or any other third-party business;
any costs, fees, expenses, losses, damages or liabilities suffered by anyone other than you in connection with your use of the Service.
6.2 Provided that we are liable to you in connection with the Service, our liability will be limited to an amount equal to the service fee you have paid for the corresponding service in aggregate.
PixTouch reserves the right to update the Service from time to time, and to continue using the Service, you may require to accept updates to the Service and to the games you have installed on your device or computer. If you fail to update the Service, we may unable to continue providing the Service to you.
8.1. Our applications and website may contain third-party website or platform links, and you shall decide whether to access these links. We are not responsible for the accuracy, completeness, adequacy and reliability of any information, data, opinions, pictures, statements or suggestions made available on these websites. If you decide to visit any third-party website linked to the Service, you shall be solely responsible for the possible results and risks therefrom.
8.2. We may maintain and update the a from time to time, in which case you may unable to use our services. We shall also not be liable for network service interruption or other defects caused by force majeure or for any other reason not attributable to us.
8.3. If any provision of this Terms is held to be illegal, invalid or unenforceable under applicable law, such provision thereof shall to that extent be deemed not to form part of these Terms, and shall not affect the legality, validity and enforceability of other provisions.
8.4 You agree that we may assign or transfer this Terms in whole or in part to either a subsidiary or affiliate of us, or a successor by merger or acquisition.
9.1 Except to the extent that: (i) any applicable additional terms incorporated into this Terms provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate otherwise (for instance, you may have statutory rights in your jurisdiction in relation to bringing or defending claims in a local court (including small claims court (or similar court)), this Terms and any dispute or claim arising out of or in connection with this Terms will be governed by the law of China.
9.2 Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with this Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by Shanghai International Economic and Trade Arbitration Commission/ Shanghai International Arbitration Center for arbitration. The seat of the arbitration will be Shanghai. The arbitration proceedings will be conducted in Chinese.
If you have any questions about this Terms or the services we provide hereunder, please contact us in the following way:
Email address: bbyy.dev@gmail.com
DISCLAIMER.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE SERVICE FEE WE HAVE CHARGED FROM YOU FOR THE CORRESPONSING SERVICE.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
INDEMNITY
YOU UNDERTAKE TO INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, CHAUFFEURS ON DEMAND AGAINST ALL CLAIMS, ACTIONS, CHARGES, COSTS, EXPENSES, DEMANDS, DAMAGES, LIABILITIES, PROCEEDINGS OR JUDGMENTS WHICH ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH OR VIOLATION OF THIS TERMS, OR YOUR INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.