Thank you for choosing our application (the "App" or "Software") and related services (the "Service"). This Terms of Service agreement (the "Agreement") is a contract between you and Cloverwick Limited ("We," "our," or "us"), and we want to ensure that you understand your rights and our obligations before using our App. It's important that you read and agree to these terms and conditions outlined in this document. By accessing, viewing, or using the App, we consider you to have consented to the terms and conditions of this Agreement. If you do not agree with this Agreement, we kindly request that you discontinue using the App immediately.
Scope of the App License
We hereby provide you with a personal, revocable, non-transferable, and non-exclusive license to utilize the App. Unless explicitly stated otherwise in writing, you are authorized to install, utilize, display, or operate the App or access the Service on your smart mobile end-device, including but not limited to tablets and smartphones ("end-device"), solely for non-commercial purposes.
The usage of the App is subject to the following conditions:
You are prohibited from creating derivative works from the App or commercially exploiting the App, either in whole or in part, in any manner.
You are only allowed to use the App for lawful purposes.
Except as permitted by the functionality of the App, you may not use, sell, modify, or distribute the App.
Engaging in activities that jeopardize computer network security, including but not limited to unauthorized data usage, unauthorized server/account access, unauthorized entry into public computer networks or other individuals' computer systems to delete, modify, or add stored information without permission, attempting to search, scan, or test the App system for vulnerabilities or attempting to breach internet security, interfering with or damaging the normal functioning of the App system, intentionally delivering malware or viruses to disrupt normal internet information services, or forging (part of) names of TCP/IP packages, is strictly prohibited.
You are not permitted to use the App in a manner that could result in damage, suspension, overloading, or degradation of the App (or the server and internet connected to the App), or that may adversely affect the provided Service.
You agree not to copy, sublicense, share, or sell the App or the Service to any third parties. You are solely responsible for any fees and expenses incurred as a result of such actions.
All rights not expressly granted to you are reserved by us. This license may automatically terminate if you violate any of these restrictions, and we reserve the right to terminate it at any time, at our sole discretion.
Privacy and Personal Information
We value and prioritize the privacy and personal information of every user. We are committed to protecting your privacy and personal information in accordance with applicable laws, including specific data protection laws. We take necessary measures to collect, process, transmit, and store your personal information in compliance with these laws. It is important for you to carefully read our Privacy Policy, which outlines how we collect and utilize your personal information, among other important details.
The App may require permissions to access your device's camera and photo album for normal operation. If additional permissions are necessary, we will always seek your consent beforehand.
Intellectual Property Rights
1.You acknowledge and agree that we possess any and all the lawful rights and interests of the App, including any intellectual property rights involved in the Software and Service.
2.The information in the App includes but not limited to words, software, photos, all contents in advertisements, the commercial information we offer to you, etc., which are all protected under copyright, patent, trademark as well as all other related laws and regulations. You are allowed to use these contents only when you have our authorization; no unauthorized reproduction, modification or compilation of these contents or creation of relevant derivative works are permitted.
3.Unless you have otherwise reached written agreement with us, this Agreement does not authorize you to use name of software, trademark, service mark, logo, domain name or any other sign with distinctive brand feature relating to us.
Content
You agree that your conduct within the App and the content you submit (referred to as "Content") shall comply with this Agreement, as updated from time to time. You warrant and represent that: (a) you are the sole owner or have all necessary rights to your Content; (b) there are no restrictions or limitations preventing you from granting the licenses described herein; and (c) your Content will not: (i) facilitate or promote illegal activities; (ii) contain defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or discriminatory content based on race, gender, color, creed, age, sexual orientation, or disability; (iii) include sexually suggestive or explicit content; (iv) infringe upon or violate the rights of any third party; (v) disparage, defame, or discredit us or any third party; (vi) contain any viruses, worms, Trojan horses, or other harmful codes; or (vii) otherwise violate any laws, rules, regulations, or policies of any jurisdiction. You agree to defend, indemnify, and hold us, our directors, employees, shareholders, customers, agents, successors, and assignees harmless from any loss, damage, settlement, or expense (including reasonable legal expenses) arising from any claims resulting from your breach of the representations and warranties stated in this Agreement.
You agree not to post or upload any Content that is unlawful for you to possess in your country of residence, or that would be unlawful for us to use or possess in connection with the provision of the Service.
You agree that the Content you submit to the Service will not infringe upon any third-party copyrights or other proprietary rights (including rights of privacy or publicity), unless you have obtained a formal license, permission from the rightful owner, or are otherwise legally entitled.
Upon becoming aware of any potential violation of this Agreement, we reserve the right (but are not obligated) to determine whether such Content complies with the requirements set forth in this Agreement. We may remove such Content and/or terminate a user's access to the Service for uploading such Content at any time, without prior notice and at our sole discretion.
Indemnification
You agree to indemnify and hold us harmless from any claims, including claims for damages, brought against us by other users or third parties, including public agencies ("Third Parties"), as a result of your violation of this Agreement and our Privacy Policy. You shall bear all reasonable costs, including legal defense costs, incurred by us due to your infringement of the rights of other users or Third Parties. This indemnification does not affect any additional rights or claims for damages that we may have.
Limitation of Liability and Disclaimer
You acknowledge and agree that the App and the Service may carry inherent risks, including but not limited to service interruptions, failure to respond to user requests, and disruptions caused by force majeure events, mobile communication terminal viruses, hacker attacks, system instability, user physical location, phone power loss, and other technology and telecommunication-related reasons. Under no circumstances shall we be held liable for any of the aforementioned risks.
We are not responsible for any losses incurred by users due to telecommunication line breakdowns, technical issues, internet or mobile communication terminal failures, system instability, or any other force majeure events.
We reserve the right to modify or terminate the Service at any time without prior notice to users, based on our business development and adjustments. We shall not be held liable to users or any third parties for exercising this right.
The use of unauthorized versions of the Service or any derivative works not officially released or authorized by us is considered illegal. Users who download, install, or use such software do so at their own risk, and we shall not be held liable for any legal liabilities or issues arising from such actions.
You agree that, to the maximum extent permitted by applicable law, we may have other disclaimer rights that are not explicitly listed in this agreement.
Modifications
We may revise these terms of use for the App at any time without notice. By using the App you are agreeing to be bound by the then current version of these Term.
Update，Discontinuation, Suspension and Termination of the App
You have the option to discontinue using the App at any time.
The App may undergo periodic updates. You have the discretion to decide whether to accept these updates or not. If you choose not to accept the updates, we cannot guarantee that you will receive the latest services, and you will be solely responsible for any resulting loss.
We retain the right to modify, interrupt, suspend, or terminate the provision of the App based on the current circumstances. This includes factors such as the available memory space for individual users, the nature and quantity of uploaded content and other data, and the ability of users to continuously access the App and its services.
We may suspend or terminate the Service associated with the App without prior notice if:
You are in violation of these Terms.
We are required to do so by applicable laws or competent authorities.
Other conditions necessitate such action.
Upon termination of the Service, in accordance with applicable laws and regulations, we reserve the right to completely delete all your information. We shall no longer have any obligations to you.
Others
You acknowledge that our failure to exercise or enforce any legal right or regulation does not constitute a formal waiver of our rights. We retain the right to exercise or enforce such rights or regulations at any time.
Unless expressly authorized in writing by the other party, users are not allowed to assign or transfer the rights granted by these Terms or delegate the designated responsibilities and obligations to others.
We reserve the sole right to interpret these Terms and make the final decision regarding their interpretation.
Contact Us
If you have any inquiries concerning the Service or this Agreement, or if you would like to obtain a previous version of the current document, please do not hesitate to reach out to us at feedback@cloverwicklimited.com. We are here to assist you and provide the necessary information.