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Photomio Terms and Conditions
Introduction
These Terms and Conditions (“Terms”) govern your relationship with Photomio Mobile Application (“Photomio”, “App”, “us”, “we” or “our” ) that provides the services accessible from the App (“Services”).
Please read these Terms carefully before using the App. By downloading, accessing and using the App, you hereby agree that you have read, understood and agreed to be bound by all of these Terms along with Photomio’s Privacy Policy. Therefore, we strongly urge you to carefully read these Terms before using the App, and if you find them unclear or disagreeable, we recommend refraining from using the App. These Terms are applicable to any individuals, including visitors, users, and any others who engage with or make use of the mobile application interface and associated software, and other related services (the “Services”). If you violate any of these Terms, we reserve the right to cancel your account or block access to your account without notice.
By using the Services, you understand and acknowledge that your personal information will be collected, used and disclosed as set forth in our Privacy Policy. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
If, for any reason, you are not completely satisfied with any good or service that we provide, don't hesitate to contact us and we will discuss any of the issues you are going through with our product.
License
In accordance with these Terms, we grant you a limited, non-assignable, non-exclusive, non-transferable and non-sublicensable, limited right to use the App exclusively for personal and non-commercial purposes. You agree to refrain from the App for any other purposes. You must comply with all applicable laws when using the Service. These rights are contingent upon your full compliance with these Terms.
You will not receive any additional licenses and we maintain complete ownership of the App including all copyrights, trademark, code, software and any related rights. The App may not be stored, copied, reproduced or distributed in any manner or medium without our prior written consent which will be granted or denied at our sole discretion. This license expires upon your disposal of the App or our termination of the license in accordance with these Terms, whichever occurs first.
Subscriptions
Photomio may, at its discretion, provide a Subscription that includes a free trial for a limited duration ("Free Trial"). To enroll in the Free Trial, you may need to input your billing information. If you do provide your billing information during Free Trial registration, we will not charge you until the Free Trial period ends. On the final day of the Free Trial, unless you have canceled your Subscription based on the type of Subscription you chose. Photomio retains the right to (i) adjust the terms and conditions of the Free Trial offer or (ii) terminate the Free Trial offer at any time without prior notice to the user.
The Service or its certain parts are provided through subscription plans and it is subject to payments now and in the future ("Subscriptions"). These Subscriptions are billed in advance on a recurring schedule ("Subscription Term"). This Subscription Term is determined by the type of subscription plan you choose during your Subscription purchase and can be either weekly or annually. For the purposes of those subscriptions, a week constitutes 7 calendar days, a year constitutes 365 calendar days. Photomio makes no warranties or representations as to the expected lifetime of the Services, and in purchasing a Subscription, you acknowledge and agree that the Services could change or terminate in the future.
At the conclusion of each Subscription Term, your Subscription will automatically renew under the same conditions, unless you decide to cancel it or if Photomio chooses to cancel it. The weekly and annually renewal subscription fees will continue to be billed automatically until canceled. You have the flexibility to cancel your Subscription renewal at any time before it renews each Subscription Term in order to avoid billing of the next Subscription Term’s fee. When you subscribed through the IOS App Store, you can cancel your Subscription within your device at Settings/Apple ID/Subscriptions. Refunds cannot be claimed for any partial - week and year subscription period. Please also note that you are purchasing a subscription through the IOS App Store or our mobile application and the sale is final, and we will not provide a refund. Your purchase will additionally be subject to Apple’s applicable payment policy, which also may not provide for refunds.
Photomio makes no guarantee that it will continue providing any of the specific services listed on its in-App payment screen throughout the term of your Subscription. It is possible that certain items from the Services will become free features, or that they will be removed from the App entirely. We may also add new items to the Subscription Services throughout your subscription term. Please note that any payment terms presented to you in the process of using or signing up for a Subscription Service are deemed part of this Agreement. In our continued assessment of the Subscription Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that Photomio may do so in its sole discretion at any time without notice.
Obligations of the Users
Users will not:
engage in actions such as renting, leasing, lending, selling, transmitting, hosting, outsourcing, transferring, redistributing, disclosing or otherwise commercially exploiting the App or make the platform available to any third party;
use the App for any commercial purposes without prior consent;
attempt to disrupt or burden the regular operation of the App, infrastructure or any of our other business activities;
attempt to gain unauthorized access to our Services;
attempt to decompile, modify, make derivative works of, decrypt, reverse engineer, disassemble or hack any part of the App, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
use the App to harass, abuse, threaten or harm another person or to attempt to, or incite another, to harass, abuse or harm another person or group;
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Photomio or its affiliates, partners, suppliers or the licensors of the App;
copy, distribute, make available to the public or create a derivative work from our Services or any part thereof unless we have provided prior written consent;
use the App to gather, accumulate or otherwise aggregate information or data including, but not limited to, data or information about us, the App or other users; or
use the Services in connection with the actual or attempted contravention of any laws.
When using the App outside of a Wi-Fi area, it is essential to keep in mind that your agreement with your mobile network provider remains in effect. Consequently, you may incur charges from your mobile network provider for data usage while using the App, or additional third-party fees. By using the App, you acknowledge your responsibility for these charges, which may include data roaming costs if you use the App outside your country without deactivating data roaming. It is your responsibility to make sure that your download and usage of the App does not lead to surpassing any data usage quotas or other limitations imposed by your internet service or other services obtained from third parties. You are required to adhere to the terms of service of the specific digital storefront from which you acquired our Service including but not limited to the Apple IOS App Store. Additionally you must comply with any relevant third party terms of agreement while utilizing our Services.
Please also note that functions of the App require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Photomio cannot take responsibility for the App not working at full functionality if you do not have access to Wi-Fi, and you do not have any of your data allowance left.
Photomio cannot take responsibility for your usage of the App and it is your responsibility to ensure that your device remains charged. If your device’s battery runs out and you are unable to turn it on to access the service, Photomio cannot be held responsible.
Updates
We have the right to withdraw, suspend, discontinue or modify the App (in whole or in part) at any time for any reason. For the avoidance of doubt, you understand that we have the right to alter the App at our sole discretion. You understand that: (i) we may, at our sole discretion, provide Updates and we may require you to accept the Updates to our Services; (ii) you may need to update third party software from time to time in order to use the App; (iii) it is your responsibility to update the App and third party software when updates are available. We are not liable for any Loss that you may suffer as a result of your failure to update; and (iv) we are not obliged to support our App by providing advice, training, error-correction, modifications, new releases, enhancements, hosting, telecommunication, internet or other services in relation to your use of the App.
Third-Party Content
We may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third- Party Services").
You acknowledge and agree that Photomio shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Photomio does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Fee Changes
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify you by email at least 30 calendar days in advance of any such change if the change will affect the amount you are charged for the Services. If you do not agree to the change, you may cancel your membership as described below.
Cancellations
You may cancel the weekly or annual subscription at any time. Cancellation is effective at the end of the applicable weekly period for weekly subscriptions or annual period for annual subscriptions. We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our content from the App.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE. PHOTOMIO, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PHOTOMIO DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU UNDERSTAND THAT OUR SERVICES CANNOT BE GUARANTEED TO BE ERROR FREE AND THE EXISTENCE OF ANY ERRORS WILL NOT BE A BREACH OF THESE TERMS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PHOTOMIO, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
IF YOU PURCHASED OUR SERVICES FROM THE IOS APP STORE, IN THE EVENT OF ANY FAILURE OF OUR SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE TO YOU. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR SERVICES, AND ANY OTHER CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE DEALT WITH BY US IN ACCORDANCE WITH THESE TERMS.
Limitation of Liability
NEITHER PHOTOMIO NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN A WAY RELATED TO THE USE OF OR INABILITY TO USE THE APP, THIRD-PARTY SOFTWARE AND/OR THIRD PARTY HARDWARE USED WITH THE APP, OR OTHER INTANGIBLE LOSSES AND IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF PHOTOMIO, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Severability
These Terms, together with the Privacy Policy and any other legal notices published by Photomio on the Services, shall constitute the entire agreement between you and Photomio concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in effect and full force. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Photomio's failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision. You and Photomio agree that any cause of action arising out of or related to the services must commence wıthin one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Termination
You may terminate your use of the Service at any time by terminating your Subscription and deleting any Photomio software from its used devices at all times. Termination of your Subscription is your sole right and remedy with respect to any dispute with Photomio regarding the Service or these Terms. These Terms shall remain in effect until terminated by you or Photomio.
Photomio may suspend, limit, modify or terminate your access to the Service or the App at any time, for any reason. If Photomio suspects that you have violated any provision of these Terms, Photomio may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms.
Upon termination, your right to use the Service will immediately cease. Upon termination, you must destroy or delete any copy of Photomio software in your possession. You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither Photomio nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service.
Intellectual Property
You acknowledge that all Intellectual Property related to the App and the Service, including its original content, information, software, text, displays, images, video and audio, and the design, is either owned by us Photomio licensed to Photomio. Our Services are provided to you under a license, and you understand that no title or ownership in our Services is being transferred or assigned. These Terms do not constitute a sale of any rights in our App. The Service is protected by copyright, trademark and other laws of Turkish and international laws. The use of our trademarks with any product or service requires prior written consent from us. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of Photomio, unless and except as is expressly provided in these Terms. Any unauthorized use of the material is prohibited.
Governing Law
These Terms herein are governed by and interpreted in accordance with the laws of the Republic of Turkey, without regard to any conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be seen as a waiver of those rights. If any provision of these Terms is determined to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain valid and in effect. These Terms represent the complete agreement between us concerning our Service, supplanting and replacing any prior agreements between us related to the Service.
Changes to Terms
You understand and consent that Photomio reserves the right to cease providing the Service, either permanently or temporarily, to you or to users in general, at the sole discretion of Photomio, without prior notice. You have the option to discontinue using the Service whenever you choose. It's not necessary to notify Photomio explicitly when you cease using the Service. Additionally, you acknowledge and agree that if Photomio disables access to your account, you may no longer be able to access the Service, your account information, or any files or materials stored within your account.
We reserve the right to modify and update our Terms from time to time. It is your responsibility to review these Terms regularly. We will inform you of any changes by posting the new Terms on this page. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms. If you do not agree to the new terms, you are no longer authorized to use Photomio. These Terms are in effect as of June 10, 2024.
Entire Agreement
These Terms are the entire agreement between you and Photomio regarding your use of the Service and supersedes all prior and contemporaneous written or oral agreements between you and Photomio. You might be subject to additional terms and conditions that apply when you use or purchase other services of Photomio. Photomio will provide these terms to you at the time of such use or purchase.
Contacting Photomio
For questions, comments, complaints or claims to the Service, please feel free to reach out to Photomio at: photomio@apptribe.co.
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