TERMS OF SERVICE

Last updated: November 27, 2023

This Terms of Service (this “Agreement”) is a legal agreement between you (hereinafter referred to as “user”, “you” or “your”) and Lioncity Limited (hereinafter as the “we”, “our” or “us”) regarding your downloading, installation and use of this mobile software (the “Software”) and related services(the “Service”).
YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. We have the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software. You understand and agree that if you continuously use the Software after the date on which these terms have changed, we will treat your use as acceptance and compliance with the updated terms.

1.Scope of this Agreement

This Agreement constitute the legal basis for you to access and use the Software and related free or paid services.
In addition to this Agreement, additional terms of the relevant distribution platform may apply for your purchase and download of the Software.
To the extent that third parties offer you services using the Software, the respective third parties are solely responsible for such services.

2. General Restriction on Use

2.1 Subject to your compliance with this Agreement, we hereby grant you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part:
2.1.1 you agree not to distribute any part or parts of the Software or any element of the Service, in any medium without our prior written authorization, provided that you ensure such distribution is compliant with this Agreement;
2.1.2 you agree not to alter or modify any part of the Service;
2.1.3 you agree not to use the Service for any commercial use, including without limitation the following uses, unless you obtain our prior written approval:
the sale of access to the Service;
the sale of advertising, sponsorships or promotions placed on or within the Service.
Prohibited commercial uses shall not include: (i) usage of any photograph or image owned by you which you edited using the Service. Please note that you may not make any commercial usage of the stock photos contained in the Service. As a part of the terms of use of the Service, you hereby obligate yourself to indemnify us for any damage resulting from such commercial usage of said stock photos. (ii) any use that is expressly authorized by us in writing.
2.1.4 you agree not to use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service in a manner that sends more request messages to the Service in a given period of time than a human can reasonably produce in the same period by using a publicly available standard web browser;
2.1.5 you agree not to collect or harvest any personal data of any user of the Service;
2.1.6 you agree not to use the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise.
2.2 You agree that you will comply with all of the other provisions of this Agreement at all times during your use of the Software and the Service.
2.3 You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.

3. Intellectual Property Policy

3.1 The Software is developed by us independently. You acknowledge and agree that we retain all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of People’s Republic of China and relevant international agreements and other intellectual property laws and regulations.
3.2 You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of us (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so). We reserve the right to charge the tort liabilities.
3.3 You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Software, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. We reserve the right to charge the tort liabilities, unless you have been granted by us, in writing.

4. Content

4.1 As the Software user you may submit us graphics, photos 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 is not responsible for any loss of the Content.
4.2 You retain all of your ownership rights in your Content submitted, however, by uploading, posting or otherwise transmitting your Content on or to the Software, you voluntarily grant to us a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive rights and licenses to use, sublicense, reproduce, modify, adapt, publish, display, translate, analyze, create derivative works from, distribute, derive revenue or other remuneration in the full term of any rights that may exist in such Content. You also permit other users to access, display, view, store and reproduce such Content for personal use under these terms of this Agreement.
4.3 When you provide your Content to us you understand and accept complete responsibility for your Content, including any consequences that may arise. We do not endorse any Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content. As such, you represent and warrant that you own or have (and will continue to have during your use of the Software) been granted all necessary licenses, rights, consents and permissions for such Content .
4.4 You agree that your conduct through the Software will comply with (and you agree that all of your Content shall comply with) this Agreement, as updated from time to time. You hereby warrant and represent that: (a) you are the sole owner of and/or hold all rights in and to your Content; (b) there are no restrictions, limitations which prevent or restrict you from granting the licenses herein; and © your Content will not: (i) facilitate or promote illegal activity, or contain content that is illegal; (ii) contain content that is defamatory, misleading, fraudulent, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, colour, creed, age, sexual orientation, or disability; (iii) contain sexually suggestive or explicit content; (iv) infringe upon or violate any right of any third party; (v) disparage, defame, or discredit us or any third party; (vi) contain any virus, viruses, worms, Trojan horses and other disabling or damaging codes; or (vii) otherwise contain content that violates any laws, rules, regulations or policies of any competent jurisdiction. You agree to defend, indemnify and hold harmless us and our directors, employees, shareholders, customers, agents, successors and assignees from and against any and all loss, damage, settlement or expense (including reasonable legal expenses) from and against any claim arising from breach of your representations and warranties set forth in this Agreement.
4.5 You agree that you will not post or upload any Content which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or possess in connection with the provision of the Service.
4.6 You agree that the Content you submit to the Service will not contain any third party copyright material, or material that is subject to other third party proprietary rights (including rights of privacy or rights of publicity), unless you have a formal license or permission from the rightful owner, or are otherwise legally entitled.
4.7 On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether such Content complies with the content requirements set out in this Agreement, and may remove such Content and/or terminate a user’s access for uploading such Content, at any time, without prior notice and at our sole discretion.

5. Privacy Policy

Use of the Software is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read the policy carefully and use it to make informed decisions.

6.Paid Services

Some of the Services provided by the Software will need to be paid for use (“Paid Services”). Once the fees are duly paid in full, you will acquire the Paid Services within the subscription period. For Paid Services, we will obtain your consent before collection of payment. In the future, the Software may comprise further Paid Services.
If you already subscribed the Paid Services during the period the further Paid Services is updated, you will be able to use the further Paid Services during the subscription period without extra charge, provided that: a) no extra charge is required by us; b) you update the Software as may be required to use the further Paid Services.
If you need to obtain and use the subscription service, please understand the charges and methods of the Paid Services in advance. We may independently decide and modify (adjust, including but not limited to promotion, price increase, etc.) our subscription rules within the limits not prohibited by laws and regulations after comprehensive consideration of our operating costs, operating strategies, etc. If the prices of the Paid Services have been adjusted when you purchase or renew the subscription, the currently valid prices posted on the Software shall prevail. Your behavior of opening and paying for the Paid Services is deemed that you are fully aware of the charges and methods of the Paid Services provided by the Software.
For any Paid Services offered by us, we accept payment via the current payment method indicated prior to purchase, which may include Apple Payments and any other form of payment that we make available to you from time to time. You agree to abide by any relevant terms of service or other legal agreement whether with Apple or a third party, that governs your use of a given payment processing method.
You acknowledge and agree that the Paid Services are online commodity and virtual commodity, which adopts the method of charging before service, and the subscription fee is the price of the online commodity corresponding to the Paid Services purchased by you, rather than the nature of prepayment, deposit or deposit card, etc. The Paid Services are not transferable or refundable once ordered (except in the case of breach of contract such as the complete inability to use the Paid Services due to major defects, otherwise agreed in this Agreement, laws and regulations require a refund, or you contact us and we believe that you can refund after our judgment). If you do not accept the Paid Services, you may stop using the Paid Services or discontinue the Paid Services.
Automatic Renewal
a. Automatic renewal refers to a service launched by us for your demand for automatic renewal when you have ordered the Paid Services to avoid your failure to renew in time due to negligence or other reasons. If you choose to order the automatic renewal service, at the end of the subscription period, Apple or the third-party payment channel will charge your account for the next billing cycle in accordance with their debit rules.
b. The fee deduction date for automatic renewal is the day before the expiration of the subscription service period. Once the deduction is successful, the Software will provide you with the corresponding subscription service of the next cycle. If your account balance is insufficient to pay the subscription service fee for the next cycle, the Software will automatically stop providing the subscription service, and the risk and/or loss of renewal failure due to insufficient deductible balance in the above account will be borne by you.
c. Unless you voluntarily and explicitly unsubscribe from the automatic renewal service, the automatic deduction will be valid for a long time. Apple or the third-party payment channels may remind you of the automatic deduction in advance by email or message before automatic debit. If you need to cancel the automatic renewal service, please turn off the service 24 hours before the deduction date.

7. Limitations of Liabilities and Disclaimer

7.1 You acknowledge and agree that the Software and related Services may have potential risks like service interruption, failure to respond to users’ requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.
7.2 We are not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
7.3 In view of business development and adjustment, we reserve the right to amend or terminate Services without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
7.4 The Software which is not officially released or authorized by us and the derivative works of the Software are illegal. User’s downloading, installation, and user this software may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
7.5 You agree to the most extent under applicable law, we own other disclaimer rights not listed in this Agreement.

8. Termination

8.1 You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
8.2 Unless we unilaterally terminate this Agreement or you terminate this Agreement as above, this Agreement and the terms (including the updated agreement following) will remain effective.
8.3 Your right will be terminated automatically if you breach any obligations stated in this Agreement. We and any other third-parties have on need to send your additional notice.
8.4 The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.

9. Use by Juveniles

The Software does not directly target any juvenile users. If you are a juvenile user and decide to use the Software any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the Software under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other related legal documents in order to guide you to use the Software in a correct way.

10. Others

10.1 You agree that if we do not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of our rights and we have the right to continuously exercise or enforce the right or regulation.
10.2 Without written authorization from other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
10.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
10.4 The validity and interpretation of this Agreement is applicable to laws of the People’s Republic of China (“PRC”). If any provision in this Agreement conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both sides agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit settlement of lawsuits to competent court where our business office located.
10.5 We reserve the final interpretation right on this Agreement.
10.6 If you have any comments on the Software and Services or this Agreement, you may contact us via chicface2021@gmail.com, and we will use our best efforts to provide you with timely and necessary assistance.