Terms of Service

Welcome to these Terms of Service (the "Agreement"). This Agreement is a contract between you and PetPhoto ("We", "our" or "us") and we want you to know your rights and ours before you use our application and web platform (the "Service") and related services. Please take a few moments to read these terms before enjoying our Service, because once you access, view or use the Service, we consider you to consent to the terms and conditions described in this document. If you do not agree with this Agreement, please stop using the Service immediately.

1. End User License Agreement

1.1 Scope of the Service License

We grant you a personal, revocable, non-transferable and non-exclusive license to use our Service. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run the Service on your devices, including but not limited to computers, tablets, smartphones, and through web browsers ("devices") for non-commercial purposes.

You may not use the Service under the following conditions:

• You shall not create derivative works from the Service or commercially exploit the Service, in whole or in part, in any way
• You shall use the Service for lawful purposes only
• You shall not use, sell, modify, or distribute the Service except as permitted by the functionality of the Service
• You shall not conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account; enter public computer network or other's computer system to delete, modify, add stored information without permission; attempt to search, scan, test the Service system, internet leak, or other behaviors breaking internet security; attempt to interfere, damage the Service system normal running, deliver malware or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package

You may not use the Service in a way that may lead to damage, suspension, overloading or quality reduction to the Service (or server and internet connected to the Service), or in a way that may affect the Service provided. You promise not to copy, grant a sub-license, share or sell the Service to any others. You are fully responsible for any fees and expenses arising therefrom. We reserve all rights not expressly granted to you. This license may automatically terminate if you violate any of these restrictions and may be terminated by us at any time at our sole discretion.

1.2 Privacy and Personal Information

We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable law, especially special law on data protection by taking necessary measures and complying with the same in collecting, processing, transmitting and storing your personal information. Please be sure to read carefully our Privacy Policy which specifies the way we collect and use your personal information.

1.3 Content Backups

Although regular backups of content are performed, the company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But you acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

1.4 Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

• You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service
• You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service, except to the extent the foregoing restrictions are expressly prohibited by applicable law
• You shall not access the Service in order to build a similar or competitive service or application
• Except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means
• You shall not remove or destroy any copyright notices or other proprietary markings contained on or in the Service

1.5 Local Laws

You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.

1.6 Modification

PetPhoto reserves the right, at any time, to modify, suspend, or discontinue the Service or any part thereof with or without notice. You agree that PetPhoto will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service or any part thereof.

1.7 Ownership

The Service provided to you is licensed to you and not sold. PetPhoto (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to the Service, excluding your User Content (defined below). This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service. The PetPhoto name, logo, and the product names associated with the Service belong to PetPhoto (and its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise.

1.8 Advertisements

When you start or stop using the Service, it may display advertisements. During use, banner and/or interstitial advertisements may be displayed across both app and web platforms.

2. User Content

2.1 Content

As a Service user you may submit graphics, photos, audio recordings, and any other materials (collectively "Content"). You understand that, whether or not the Content is published, we do not guarantee any confidentiality with respect to such Content. You understand and agree that we cannot guarantee that you will be able to retrieve or save posted Content locally, and are not responsible for any loss of the Content.

You retain all of your ownership rights in your Content submitted, however, by uploading, posting or otherwise transmitting your Content on or to the Service, you voluntarily grant to us a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive rights and licenses to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration in the full term of any rights that may exist in such Content.

You hereby warrant and represent that:

• You are the sole owner of and/or hold all rights in and to your Content
• There are no restrictions, limitations which prevent or restrict you from granting the licenses herein
• Your Content will not facilitate or promote illegal activity, or contain content that is illegal
• Your Content will not contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or discriminatory
• Your Content will not contain sexually suggestive or explicit content
• Your Content will not infringe upon or violate any right of any third party
• Your Content will not contain any virus, worms, Trojan horses and other disabling or damaging codes

2.2 Paid Services

Some of the Services provided will need to be paid for use ("Paid Services"). You may choose our weekly package, monthly package or annual package for the Paid Services. Once the fees are duly paid in full, you will acquire the Paid Services within the subscription period. We accept payment via various methods including but not limited to credit cards, PayPal, Google Payments, Apple Pay, and any other form of payment that we make available to you from time to time.

We may modify our payment policy according to practical needs. Some free services may become Paid Services in the future. If the fee is not paid on time and in full, you will no longer be able to use the Paid Services when we start to charge fees. Please be aware that, as long as you purchase the paid service, we will not refund the payment to you whether or not you use such service.

2.3 Update, Discontinuation, Suspension and Termination of the Service

You have the right to stop using the Service at any time. The Service may be updated from time to time at your own discretion, decide whether to accept the updates or not. We do not guarantee providing you with the latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred.

You agree that we may, without prior notice, suspend or terminate the Service if:

• You are in breach of these Terms
• We do so subject to the applicable law or requirements of competent authority
• Other conditions upon which we need to do so

3. Third Parties

3.1 Platform Stores and Web Browsers

You acknowledge and agree that the availability of our mobile application is dependent on the third party from which you received the app, e.g., the Apple App Store or Google Play Store ("Application Store"). For web access, you acknowledge that functionality may depend on your web browser and internet connection. You acknowledge that this Agreement is between you and PetPhoto and not with the Application Store or browser provider.

3.2 Third Party Services

PetPhoto may permit certain third party applications to provide content through the Service ("Third Party Services"). We are not responsible for and do not control Third Party Services. We provide these Third Party Services only as a convenience to you. You use all Third Party Services at your own risk.

4. Fees

You agree to pay all fees and applicable taxes incurred by you or anyone making purchases through the Service. PetPhoto may revise the pricing for the goods and services offered to you through the Service at any time. YOU ACKNOWLEDGE THAT PetPhoto IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU CLOSE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE SERVICE.

5. General

5.1 Changes to this Agreement

This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our website or within the Service. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

5.2 Contact Information

Any notice provided to PetPhoto pursuant to this Agreement should be sent to the email address: [email protected]

5.3 Severability

If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

5.4 Entire Agreement

This Agreement is the final, complete and exclusive agreement between you and PetPhoto with respect to the subject matters hereof and supersedes all prior discussions and agreements between the parties with respect to such subject matters. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.