Please read carefully: These Terms of Service (these “Terms”) constitute a legally binding agreement between you (“you” or “your”) and TapToon Team. (collectively with its successors in interest and permitted assigns, “TapToon Team,” “we,” “us” or “our”). These Terms govern your access and use of our websites where these Terms are posted (the “Site”), our mobile applications (the “App”), and our related content, products, and services (collectively, and together with the Site and the App, “Product” or “Products”). THESE TERMS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, DISCLAIMERS OF WARRANTIES, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. THESE TERMS ALSO CONTAIN PROVISIONS REGARDING THE AUTOMATIC RENEWING OF YOUR SUBSCRIPTION. PLEASE READ THEM CAREFULLY. By downloading, installing or using the Products in any manner, you agree to these Terms and you agree to comply with and be bound by any applicable specific, supplemental or third-party licenses or terms when using any Product. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS IN THESE TERMS, DO NOT ACCESS AND IMMEDIATELY STOP USING THE PRODUCTS, CANCEL ANY ACCOUNT, AND IMMEDIATELY UNINSTALL AND DELETE ANY COPIES OF THE PRODUCTS IN YOUR POSSESSION. These Terms were originally drafted in English. If there is any conflict between the English-language version of these Terms and a version translated into another language, the English-language version will prevail.

1. Privacy Policy

Our Privacy Policy applies to use of Products, and its terms are made a part of these Terms of Use by this reference. To view our Privacy Policy.

2. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If there is a major change in our updated Terms, we will inform you prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using our Products.

3. End User License

3.1 Data Transfer

Subject to your compliance with these Terms and your payment of applicable subscription fees, we hereby grant you, for your personal and non-commercial purposes, a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to use the Products and to download and install a copy of the App on a permitted device that you own or control.

Except as expressly permitted by these Terms and the terms applicable to the mobile application store where we make the App available (each, a “App Marketplace”), you cannot: (a) rent, lease, lend, sell, distribute, sublicense, or otherwise transfer or make available the Products; or (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, alter, mimic, adapt, translate, or create derivative works of the Products, any updates, content or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open source components included with the Products).

4. Subscription

4.1. If you have paid for one of our app’s subscription, you can access to all paid features and materials for free including but not limited to enhance photos and ads removing in that app.

4.2. The amounts for each of our products is different, please refer to the actual fee charged. In addition, a one-time payment will be offered if needed, which is not included in the subscription plan. And the payment is charged through Google Play Store at confirmation of purchase.

4.3. 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 Google Play Store account settings. Subscription canceled during the trial, if offered, will not be charged.

4.4. If you cancel a subscription purchased from an app on Google Play, you will not receive a refund for the current billing period, but will continue to receive their subscription content for the remainder of the current billing period, regardless of the cancellation date. The cancellation goes into effect after the current billing period has passed.

4.5. Subscription can’t be transferred between different system. This purchase can only be used on Android.

5. Your Use of the Products

You agree that you will not:

5.1. Use the Products in any manner not permitted by these Terms.

5.2. Use the Products for any purposes prohibited by applicable laws or regulations, or in any manner that violates or infringes upon the rights of others (including, but not limited to, intellectual property rights, and rights of privacy and publicity).

5.3. Copy (except as expressly permitted by these Terms) or modify the Products.

5.4. Frame, mirror, display or incorporate the Products or any portion into any other program, site, service or product.

5.5. Use the Products in a manner that interferes with, degrades, or disrupts the integrity or performance of any of our networks, technologies, products or services.

5.6. Use any data mining or similar automated or manual data extraction, gathering or scraping methods in connection with the Products.

5.4 Payments Processors

5.7. Circumvent, bypass, defeat, modify, tamper or disable any content protection system, digital rights management, security feature or functionality in the Products.

6. Intellectual Property

We or our licensors retain and exclusively own all rights, title and interest in and to the Products and their content (including software, artwork, photos, videos, music, text and other materials posted, provided or otherwise made available through the Products), including all intellectual property rights, whether registered or not, which include, but are not limited to, copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets and other confidential information, trade dress, trade names, logos, corporate names and domain names, together with all of the goodwill associated therewith, derivative works and all other rights in and to the Products.

We reserve all rights not expressly granted to you under these Terms.

7. User-Generated Content

We do not claim any ownership rights to the photos, videos, sounds, text, contest entries, and other content that you import into, store, or create with the Products in connection with or through your use of the Products (collectively, the “User-Generated Content”).

The Products may provide features that allow you to upload, store, share or otherwise make publicly available User-Generated Content. By uploading, storing, sharing or otherwise making available any User-Generated Content, and unless we indicate otherwise, you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sub-licensable, and transferrable license to publish, use, reproduce, publicly display, publicly perform, modify, adapt, translate, create derivative works from, reverse engineer, broadcast, distribute, exploit, or otherwise make available all User-Generated Content, or any portion thereof, in any media or technology now known or later developed, as well as to use any name, likeness, and other identifying indicia ("Name and Likeness") as shown and conveyed in the User-Generated Content, through any medium or format, in any way permitted under applicable law and in accordance with the applicable privacy policy, including for the purposes of operating and improving the Products (such as through algorithmic training), and developing new technologies and services. You will not be entitled to compensation for any use by us, or our agents, licensees or assignees, of such User-Generated Content. You acknowledge and agree that you have no right to review or approve how such User-Generated Content or any Name and Likeness will be used. We will have no obligation to publish or use or retain any User-Generated Content you submit or to return any such content to you.

You are solely responsible for the content that you upload, share or otherwise make available on or through the Products, and you represent and warrant that such content will not infringe upon or violate the rights of any person or entity, and that you have all the rights, permissions, licenses, authorizations, and releases (including, but not limited to, to synchronize any sound recordings and musical works embodied in the User-Generated Content) necessary to grant the licenses in these Terms and to make the User-Generated content available.

We may terminate your access to the Products if we find that your User-Generated Content violates these Terms, our policies or applicable law, including unlawful postings or content, without prior notice to you.

We welcome feedback, comments, and suggestions for improvements to the Products (“Feedback”). By submitting Feedback to us, you grant us a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable, and transferable license, under any and all intellectual property rights that you own or dispose, to use, reproduce, publicly display, publicly perform, modify, adapt, translate, create derivative works from, reverse engineer, broadcast, distribute, sell, exploit, or otherwise make available the Feedback, or any portion thereof, in any media or technology now known or later developed, without any remuneration, compensation or credit to you.

8. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS (EXPRESSLY INCLUDING ALL CONTENT AND FEATURES MADE AVAILABLE VIA ANY PRODUCT), ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF COURSE OF DEALING, OF TRADE USAGE OR PRACTICE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCTS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PRODUCTS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCTS WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ERRORS OR DEFECTS IN THE PRODUCTS WILL BE CORRECTED, OR THAT THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SHOULD ANY OF THE PRODUCTS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE USE OF AND ACCESS TO ANY OF THE PRODUCTS.

9. Indemnification

You will defend, indemnify and hold us, our affiliates, parent companies, officers, agents, employees, partners, licensors, contractors, permitted successors and permitted assigns (each of the foregoing, a “Splice Indemnitee”) harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including, but not limited to, professional fees and reasonable attorneys’ fees incurred by any Splice Indemnitee(s), to the extent directly or indirectly arising out of or resulting from: (a) your User-Generated Content; (b) any breach of these Terms by you accessing the Products; (c) your access or use of the Products; (d) your violation of any applicable law or regulation; (e) your violation of the rights of any third party, including, but not limited to, privacy, intellectual property or proprietary rights with respect to your use of the Products, performance of your obligations under these Terms, or exercise of rights granted to you under these Terms; and (f) any and all claims for property damage, personal injury or bodily injury or death, to the extent caused by your breach of these Terms.

10. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Products. We may also terminate these Terms with you at any time, for any reason, and without advanced notice. We reserve the right in our sole discretion and at any time to terminate or block your use of the Products for any reason including, without limitation if you have failed to comply with these Terms. You agree that we are not liable to you or any third party for any termination of your use of the Products. Regardless of who terminates these Terms, both you and us continue to be bound by Section 6-9.

11. Governing Law

These Terms, and any dispute, claim (including non-contractual disputes or claims), or matters arising out of or in connection with these Terms will be governed by, and construed in accordance with, the substantive laws of the State of Florida, U.S.

12. CONTACT US

For more information about our Term and Conditions, if you have questions, please contact us by email: [email protected]