End User License Agreement

This End User License Agreement (“EULA” or the “Agreement”) is made between the user (“User” or “you”) and the publisher (“Licensor”) of this application (“Application”), and governs your access to and use of the Application.

This Agreement is the parties’ entire agreement on this subject and merges and supersedes all related prior and contemporaneous agreements. By agreeing to these terms, you represent and warrant that you have the authority to accept this Agreement, and you also agree to be bound by its terms.

1. Grant of License.

  1. Subject to the User’s full compliance with the terms set fort in this EULA, the Licensor hereby grants the User a non-transferrable, non-exclusive, limited license to use the Application for personal or commercial purpose.
  2. Duration of License. The license is granted in perpetuity upon the User’s full payment of the applicable fees.
  3. End Users. The license is granted solely to the User. The User will control access to and use of the Application by end users and is responsible for any use of the Application that does not comply with this Agreement.
  4. Transfer of License. The license is solely for the User’s own use and shall not be transferred in any form to any third party, except as permitted in writing by the Licensor or under applicable law.

2. Reservation of Rights.

The Licensor reserves all rights not expressly granted in this Agreement. The Application is protected by copyright and other intellectual property laws and international treaties. No rights will be granted or implied by waiver or estoppel. Rights to access or use the Application on a device do not give the User any right to implement Licensor’s patents or other intellectual property in the device itself or in any other software or devices.

3. Restrictions.

Except as expressly permitted in this Agreement, the User must not (and is not licensed to):

  1. Copy, modify, reverse engineer, decompile, or disassemble the Application, in part or in whole, or attempt to do so;
  2. Install or use any third-party software or technology in any way that would subject Licensor’s intellectual property or technology to any other license terms;
  3. Work around any technical limitations in the Application or restrictions imposed by the Licensor in this EULA or otherwise in writing;
  4. Distribute, sublicense, rent, lease, or lend the Application, in part or in whole, or use it to offer hosting services to a third party; or
  5. Use the Application for any unlawful purpose.

4. Feedback.

Any feedback is given voluntarily, and the provider grants to the recipient, without charge, a non-exclusive license under provider’s owned or controlled non-patent intellectual property rights to make, use, modify, distribute, and commercialize the feedback as part of any of recipient’s products and services, in whole or in part and without regard to whether such feedback is marked or otherwise designated by the provider as confidential. The provider retains all other rights in any feedback and limits the rights granted under this section to licenses under its owned or controlled non-patent intellectual property rights in the feedback (which do not extend to any technologies that may be necessary to make or use any product or service that incorporates, but are not expressly part of, the feedback, such as enabling technologies).

5. Privacy.

The User consents to the processing of personal data by the Licensor and its agents and contractors, as provided in the Licensor’s Privacy Policy.

6. Confidentiality.

  1. Confidential Information. “Confidential Information” is non-public information that is designated as “confidential” or that a reasonable person should understand is confidential, including but not limited to, user data, support data, the terms of this Agreement, and the User’s account and authentication credentials. Confidential Information does not include information that : (1) becomes publicly available without a breach of a confidential obligation; (2) the receiving party received lawfully from another source without a confidentiality obligation; (3) is independently developed; or (4) is a comment or suggestion volunteered about the other party’s business, products, or services.
  2. Protection of Confidential Information. Each party shall take reasonable steps to protect the other’s Confidential Information and will use the other party’s Confidential Information only for purposes of the parties’ business relationship. Neither party will disclose Confidential Information to any third party, except to its agents or contractor and then only on a need-to-know basis under nondisclosure obligations at least as protective as this Agreement. A party may disclose the other’s Confidential Information if required by law, but should notifies the other party as applicably prompt as possible.

7. Security and Support.

  1. Where applicable, the Licensor will take appropriate security measures that are required by data protection laws and in accordance with good industry practice relating to data security. Due to the nature and functionality of the Application, the Licensor will have no access to or control over any user data uploaded to or run through the Application by the User. In such event, the Licensor disclaims any responsibility for the breach of such user data.
  2. The Licensor will use its best endeavor to maintain the normal operation of the Application and respond to any customer support requests made by the User. However, since the Application is provided “as is,” customer support and Application update is not guaranteed.

8. Pricing and Payment.

The pricing and payment terms will be set forth by the Licensor in the subscription or order page. No refund will be issued once the User completed the subscription to a license.

9. Termination

This Agreement is effective until terminated by either party in accordance with terms set forth below.

  1. This Agreement may be terminated by either party without cause on 30 days’ notice. Termination without cause will not affect the User’s fully-paid, perpetual license.
  2. Termination for cause. The Licensor may terminate this Agreement immediately if the User violates Section 3 of this Agreement. Upon such termination, the User’s license, regardless of in a free or fully-paid nature, will be revoked immediately and the User’s access to the Application will be discontinued. Reasonable notice will be given to the User before the Agreement is terminated for cause.
  3. Survival. Section 2, 3, 6, 10, 11, and 12 shall survive termination of this Agreement.

10. DISCLAIMER OF WARRANTY.

DISCLAIMER OF WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR COURSE OF PERFORMANCE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

11. LIMITATION OF LIABILITY.

LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, RELIANCE ON OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVENT IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF FIFTY US DOLLARS ($50.00) OR THE TOTAL AMOUNT YOU PAID FOR THE SUBSCRIPTION OF THE APPLICATION, WHICHEVER IS GREATER. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

12. Miscellaneous

  1. Governing Law. This EULA is governed and construed by the laws of Hong Kong, excluding its principles of conflict of laws.
  2. Severability. If any part of this Agreement is held to be invalid or unenforceable, the rest of the Agreement will remain in full force and effect.
  3. Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party.
  4. No Third-Party Beneficiaries. This Agreement does not create any third-party beneficiary rights except as expressed provided by its terms. A person that is not a party to this Agreement shall have no right to enforce any of these terms.
  5. Compliance with Laws. Both Parties will comply with all laws and regulations applicable to the provision and use of the Application, including but not limited to law related to data privacy, intellectual property rights, export, corruption, money laundering, or any combination of these.
  6. Amendment. The Licensor may amend this Agreement unilaterally at its sole discretion at any time. The amendment shall take effect immediately upon being published. Notwithstanding the foregoing, if the amendment is detrimental to the User’s right or enjoyment of the Application, the Licensor will take reasonable measures to notify the user in advance.

Last Updated: March 25, 2024