Terms Of Service

TERMS OF USE

The terms of use for the iBabyGenerate App mobile application for iOS (“iOS App Terms of Use”) is a legally binding agreement. Please read this document carefully. By clicking “I Agree,” or installing or using the iBabyGenerate App mobile application for iOS software and/or any updates to such software (collectively, “App”) provided by Photo Translator and/or its affiliates (collectively, “iBabyGenerate App”), you Agree to the following terms as an authorized User of the entity with which you are employed, affiliated, or associated (“Customer”), which has concluded a subscription agreement for a iBabyGenerate App portal (“Agreement”).

GENERAL TERMS

You represent that you are an authorized User under the Agreement. If you do not qualify as an authorized User, then you may download the App, but will not be able to log in. The iOS App Terms of Use is governed by the terms of the Agreement and any amendment thereto or additional purchase thereunder. The iOS App Terms of Use adjusts and/or supplements certain terms of the Agreement, solely with respect to the App. Capitalized terms used but not defined in the iOS App Terms of Use have the meanings given to them in the Agreement. The App contains a feature that allows a Customer User to connect to his/her iBabyGenerate App account via the App if: (a) User has a valid and active iBabyGenerate App User Account; and (b) the administrator of the relevant Customer’s iBabyGenerate App portal has not disabled use of the App. In this respect, “portal” means an instance of the iBabyGenerate App Product with a set of Customer Data and Customer-specific Product customizations, that is maintained by iBabyGenerate App in a segregated password-controlled database. If Customer User uses the App, Customer Data may be transferred to and from the respective technical infrastructure systems that support iBabyGenerate App, including servers administered by Amazon Web Services, Inc. (“AWS”). Additional information regarding these technical infrastructure systems and the rules that apply to such transfers is available in the Agreement. Apple Inc. may, at any time and without notice, restrict, interrupt, or prevent use of the App, or delete the App from your or Customer's Apple device(s), or require iBabyGenerate App to do any of the foregoing, without entitling Customer or you to any refund, credit, or other compensation from iBabyGenerate App or any third party (including, but not limited to, Apple Inc. or your network connectivity provider). The iOS App Terms of Use was last updated on 1 March 2017 (“Version Effective Date”). It is effective between you and iBabyGenerate App as of the date you first download, install, or use the App, whichever occurs earliest and can be accessed and downloaded at: www.iBabyGenerate App.com/en/legal/ios-app/. iBabyGenerate App may update and change any part or all of the iOS App Terms of Use. The updated version will be posted publicly on iBabyGenerate App’s website at the above link and will be effective and binding on the day after posting. iBabyGenerate App encourages Customer and Users to review the iOS App Terms of Use periodically, as you are responsible for reading and complying with any amended version(s). If Customer or User objects to any such changes, Customer’s or User’s sole recourse shall be to cease using the App. Continued use of the App following the relevant Version Effective Date shall indicate Customer's and User’s acknowledgement of such changes and agreement to be bound by the updated iOS App Terms of Use.

You acknowledge and agree to iBabyGenerate App’s Privacy Policy, which can be accessed and downloaded at: www.iBabyGenerate App.com/en/legal/privacy-policy/ and iBabyGenerate App’s Acceptable Use Policy, which can be accessed and downloaded at: www.iBabyGenerate App.com/en/legal/acceptable-use-policy/.

LICENSE TO USE THE APP

The App, including software embedded in the App, is licensed, not sold, to Customer by iBabyGenerate App only under the terms of the Agreement and iBabyGenerate App reserves all rights not expressly granted to Customer. The App contains some open source software libraries, the license terms of which are available on written request to iBabyGenerate App. iBabyGenerate App and its licensors retain ownership of the software contained in the App. Unless otherwise specified in the Agreement and subject to payment of the Subscription Fee and any other undisputed amounts due, iBabyGenerate App grants to Customer, and subsequently you as User, a limited, non-exclusive, non-assignable, non-transferable, renewable, and revocable license during the applicable Term, to access and use the App on any Supported Device and on no other devices, exclusively for Customer’s internal business purposes, as set out in the Agreement. The license granted to User and Customer for the App is a non-transferable license to use the App on any iOS devices that User owns or controls and as permitted by Apple (“Supported Devices”). Such license permits you to use Intellectual Property Rights and Confidential Information included in the App and to make copies of software or other information strictly as necessary to download, install, and use the App. Such license shall not be construed to mean, by inference or otherwise, that Customer has any right to access or obtain any source code for the App. Without limiting the generality of anything herein, you acknowledge and agree that the App may collect use or device data for the purposes of providing services or functions that are relevant to use of the App.

APPLE TERMS

iBabyGenerate App, and not Apple, is solely responsible for the App and the license granted herein. Apple has no obligation to provide maintenance and support for the App. User’s and Customer's use of the App must comply with the Usage Rules set forth in the Apple App Store Terms of Use, which can be accessed and downloaded at: https://www.apple.com/legal/internet-services/itunes/us/terms.html. The App is not covered by the iBabyGenerate App Service Level Agreement or any other service level agreement in place between Customer and iBabyGenerate App. Nevertheless, iBabyGenerate App will aim to provide customer support for the App to the same standard as set out in the Agreement. In order to respond to FAQs and help its customers to resolve common problems without needing direct assistance from Support, iBabyGenerate App maintains the Knowledge Base on the iBabyGenerate App website (help.iBabyGenerate App.com). If your question is not resolved via the Knowledge Base, the iBabyGenerate App help desk can be contacted by email anytime via support@iBabyGenerate App.com. Apple is not responsible for addressing, investigating, defending, settling, or discharging any claim brought by Customer or any third party for allegations relating to the App, or your or Customer's possession and/or use of the App, including but not limited to: (a) product liability; (b) any failure of the App to comply with applicable legal or regulatory requirements; (c) consumer protection or similar legislation; or (d) infringement of third party intellectual property rights. As a User, you represent and warrant that: (a) the App will not be downloaded in, used in, or transported to a country that is subject to a U.S. Government embargo or EU government sanctions, or that has been designated by the U.S. Government or any EU government as a "terrorist-supporting" country or similar; and (b) neither Customer nor User is listed on any U.S. Government or EU government list of prohibited or restricted parties. iBabyGenerate App’s address is Max Euweplein 46, 1017 MB Amsterdam, the Netherlands. Any claims regarding the App may be submitted via email to nguyendinhhai.tb95@gmail.com. Notwithstanding anything to the contrary in the Agreement, Apple and its subsidiaries are third-party beneficiaries of the iOS App Terms of Use, and have the right (and shall be deemed to have accepted the right) to enforce the iOS App Terms of Use against you and Customer. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App, and will not be liable for any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty. Apple shall not be required to provide a refund to you or Customer under any circumstances.

TERM AND TERMINATION

iBabyGenerate App may terminate access to the App at any time upon thirty (30) days’ notice to Customer without cause, or immediately upon notice to Customer if: (a) any third party (including Apple or your network connectivity provider) restricts, prevents, or ceases to authorize the installation or use of the App on your Supported Device or over your network; or (b) any of Customer’s Users is using the App in a manner that is in violation of iBabyGenerate App’s Acceptable Use Policy. In addition, the iOS App Terms of Use shall terminate immediately and automatically upon the termination or expiration of Customer’s iBabyGenerate App subscription for whatever reason. Upon any such termination or expiration, Customer and its Users will no longer be permitted to use the App, and will delete or destroy all copies of the App in its possession, including on all devices of its Users. Termination of the iOS App Terms of Use shall not entitle Customer to any refund, credit, or other compensation from iBabyGenerate App under the Agreement or any other agreement or from any third party.