TERM OF SERVICE
I. INTRODUCTION
These Terms of Use (collectively, the “Term”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and APERO TECHNOLOGIES GROUP PTE. LTD. (“we,” “us” or “our”), concerning your access to and use of the Genius - AI Photo Editor (also - app, software), and the content available via the app, the computer files stored on our servers, and all related services, and features, tools.
All the documents that relate to the app are hereby expressly incorporated herein by reference. Please read this Term carefully before using the app.
It is important that you read and understand this Term as by using the app you indicate that you have read, understood, agreed, and accepted the Term. By using the app, you agree to abide by this Term.
If you do not agree with (do not accept) this Term, or if you do not agree at least with one of the provisions of this Term, you are not authorized to, and you may not access and/or use the app and you must promptly discontinue accessing and/or using the app.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Term at any time and for any reason. We will keep you informed about any changes by updating this Term and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Term to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Term by your continued use of the app after the date such revised Term is posted.
III. RESTRICTIONS ON WHO CAN USE THE APP
To access and use the App, you must be at least eighteen (18) years of age or older. If you are a minor in your jurisdiction (generally under 18), you may only use the App with the permission and direct supervision of your parent or legal guardian.
If you are between thirteen (13) and seventeen (17) years of age, you must have your parent or guardian review and agree to these Terms on your behalf before using the App. By using the App, you represent and warrant that you have the legal capacity to enter into a binding contract with us and are not prohibited from doing so under any applicable laws.
Parents and guardians are solely responsible for the direct supervision of any access and use of the App by minors under their care. Users under thirteen (13) are not permitted to use the App unless their account is created and managed by a parent or guardian through a family sharing feature, with appropriate parental consent obtained outside the App if required by law.
By using the App, you affirm that you meet the age requirements and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
IV. GENERAL TERMS
The app is developed for general information purposes and is intended only for your personal non-commercial use. You agree not to use the app for any illegal, inappropriate or unauthorized purpose or activity.
V. PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to and(/or) using the app are subject to the Privacy Policy. By accessing and(/or) using the app, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop accessing and(/or) using the app. Please read our Privacy Policy carefully.
VI. END USER LICENSE AGREEMENT
All intellectual property rights in the App, including but not limited to copyrights, trademarks, trade secrets, and patents, as well as the App's source code, design, user interface, content, and all derivative works (collectively, "Intellectual Property"), are owned by APERO TECHNOLOGIES GROUP PTE. LTD. or its licensors.
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App for your personal, non-commercial purposes strictly in accordance with these Terms.
You agree not to:
Sell, distribute, or commercially exploit any content from the App.
Copy, reproduce, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as incidentally necessary to access and use the App for its intended purpose.
Reverse engineer, decompile, or disassemble the App or attempt to derive the source code.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the App.
Any use of the App not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
VII. PROHIBITED BEHAVIOUR
You agree not to use the App in any manner that:
Is unlawful, illegal, or unauthorized.
Is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations.
Promotes any illegal activity, or advocates, promotes, or assists any unlawful act.
Causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or annoy any other person.
Involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising, without our prior written consent.
Gives the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Interferes with or disrupts the integrity or performance of the App or the data contained therein.
Attempts to gain unauthorized access to the App or its related systems or networks.
Introduces viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attacks the App via a denial-of-service attack or a distributed denial-of-service attack.
We reserve the right to take appropriate legal action against any unauthorized use of our Intellectual Property Rights or any prohibited conduct.
All disputes arising from the usage of the app, shall be governed by and construed in accordance with the laws of Singapore, and shall be submitted to the sole jurisdiction of the Singapore International Arbitration Centre.
VIII. GENERAL DISCLAIMER
The App is provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied.
We do not guarantee the accuracy, reliability, completeness, or timeliness of any content or data provided through the App.
We disclaim all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We are not responsible for any errors or omissions, or for any results obtained from the use of the App.
Your reliance on any information obtained through the App is solely at your own risk.
IX. AVAILABILITY OF THE APP, SECURITY AND ACCURACY
Access to the App requires a compatible device and internet access. We do not guarantee that the App will be compatible with all devices or software.
We do not warrant that the App will be uninterrupted, timely, secure, or error-free. The availability of the App may be affected by factors outside our control, such as internet connectivity issues or third-party service provider performance.
We may update the content on the App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the App may be out of date at any given time, and we are under no obligation to update such material. We may add new features, change, or remove existing features, or modify the App at any time without notice. We may also suspend or terminate access to the App, or any part thereof, at our discretion, for any reason, including for violation of these Terms.
You are responsible for ensuring that any information you provide to us through the App is accurate, complete, and current.
X. SUBSCRIPTIONS AND PAYMENTS
Access to certain features or content within the App may require a paid subscription. Pricing, subscription options, and terms are detailed on the App's listing page on Apple Store and within the App itself.
If you subscribe, you agree to pay the applicable subscription fees. Subscriptions typically auto-renew unless canceled in accordance with the terms presented at the time of subscription or within your app store account settings. You are responsible for managing your subscriptions and preventing unwanted renewals.
We reserve the right to change our subscription plans, features, or pricing at any time upon reasonable notice.
XI. THIRD PARTY APP AND RESOURCES
The app may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any app or mobile application to which a link from the app exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party app or mobile application.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE ARE NOT LIABLE FOR ANY CONSEQUENCES BASED ON INTERPRETATIONS OR DECISIONS MADE BY USERS BASED ON INFORMATION OR DATA PROVIDED BY THE APPS. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE APP AND ITS SERVICES IN ANY COUNTRY.
XIII. USER ACCOUNT MANAGEMENT AND DELETION
If the App allows you to create a user account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
You may request deletion of your account and associated data at any time by contacting us through the methods provided in the "Contact Information" section or through any account management features available within the App. We will process your request in accordance with our Privacy Policy and applicable laws. Please note that some data may be retained for a limited period as required by law or for legitimate business purposes.
XIV. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless APERO TECHNOLOGIES GROUP PTE. LTD. , its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Contributions, any use of the App's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the App.
XV. SEVERABILITY
If at any time any provision of this Term is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Term shall continue to apply with full force and effect.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
XVI. CONTACT INFORMATION
We reserve the right to respond to your requests, questions, commentaries or suggestions. For these purposes you can use the “Contacts” form available on the app or reach us at:
APERO TECHNOLOGIES GROUP PTE. LTD.
policy@apero.vn