This Terms of Service (the “Agreement”) is a legal agreement between you (hereinafter referred to as “user”, “you” or “your”) and Colorfulnight Limited (hereinafter as “Company“, “we”, “our”, or “us”) regarding your downloading, installation and use of our software - Palmistry Decoder (the “Software”) and related services (the “Service”). YOUR DOWNLOADING, INSTALLATION, USE OF, OR OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF SERVICE. We have the right to modify the terms of the Agreement regarding the updates of the Software. You can check the modified version of the Agreement from the Software. You understand and agree that if you continuously use the Software after the date on which these terms have been changed, we will treat your use as acceptance of the updated terms.
1.1The 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 (hereinafter referred to as “PRC”) and relevant international agreements and other applicable intellectual property laws and regulations.
1.2You 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 the Software (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 liabilities for tort or any breach of this Agreement.
1.3You 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 liabilities for tort or any breach of this Agreement, unless you have been granted by us, in writing.
2.1We give you non-exclusive, non-assignable license to download, install and use the Software. In no way can you use it for commercial use.
2.2You may not use the Software in a way that may lead to damage, suspension, overloading or quality reduction to the Software (or server and internet connected to the Software), or in the way that may affect the Software and Service provided to any other users.
2.3You have precisely read and agree to the Agreement and statements published by us. You promise not to copy, grant a sub-license, share or sell the Software or related Service. You are fully responsible for any fees, liabilities or damages arising out of your breach of the forgoing obligations. We do not assume any liability.
2.4Rights reserved. We reserve all rights not expressly granted to you. You are required to obtain additional consent to use other software owned by us.
3.1Some of the Service provided by the Software will need to be paid for use (“Paid Services”) but we will provide a free trial period for user. You may choose our monthly package or other package available for the Paid Services. Once the fees are duly paid in full, you will acquire the Paid Services within the subscription period. 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: 1) no extra charge is required by us; 2) you update the Software as may be required to use the further Paid Services.
3.2For any Paid Services offered by us, you 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.
3.3We could modify about our payment policy according to practical needs. Some free services may become Paid Services in the future. If the fee is not paid on time and in full, you will no longer be able to use the paid services when we start to charge fees. The above-mentioned change will be notified or published on the Software from time to time. In the event there is a price reduction or promotion, we will not provide price protection or refund your payment. Please be aware that, as long as you purchase the Paid Services, we will not refund the payment to you whether or not you use such service.
3.4The Paid Services in connection with the Software are special commodities. The policy on return of goods without any reason is not applicable after the transaction is completed. If no major quality problems, no return or exchange will be allowed. If you have any inquires or need any assistance, you can send email to [firstname.lastname@example.org].
4.1You agree to use the Software in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under applicable laws and regulations, related policies, or this Agreement and for the consequences (including the lost and damages to us, the Software or any third-parties) of any such breach. You shall not conduct the following behaviors (including but not limited to):
4.1.1 Delete copyright information, content on the Software or other copies.
4.1.2 Reverse engineer, decompile or extract the source code of the Software.
4.1.3 Conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account；enter public computer network or other’s computer system to delete, modify, add stored information without permission; attempt to search, scan, test the Software system, internet leak, or other behaviors breaking internet security; attempt to interfere, damage the Software system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package.
4.1.4 Sell, rent, loan, deliver, transfer or sub-license the Software and the Service, or related links, or any other commercial use of the Software or the Services regardless of whether the use above brings direct economic gain or pecuniary gain.
4.1.5 Use the Software and the Service provided by us in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement.
We reserve the right to terminate, fully or partially suspend, limit functional features of user’s account, without prior notice, if the user has breached under the terms of this Agreement.
4.2We do not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your use of the Software.
4.3We would not change configuration of system settings without informing you.
You agree that any files or data uploaded by you via Software shall be your sole responsibility. You shall not infringe or violate the rights of any other party or violate any applicable laws or regulations, shall not contribute to or otherwise encourage unlawful conduct, or otherwise be obscene, objectionable, or in poor taste.
6.2 The Software may request your permissions to use your end-device’s camera and photo album during regular operation, and to receive notice from us. If additional authority is required, we will ask for your permission in advance.
7.1You 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, your physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.
7.2We are not liable for any losses to you arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure or factor beyond our control.
7.3In view of business development and adjustment, we reserve the right to amend or terminate Service without prior notice to you at any time, and we are not liable for you and any other third-parties when executing this right, including, but no limitation, that no fund of the payment for Paid Services.
7.4The software which is not officially released or authorized by us and the derivative works of the Software are illegal. Your downloading, installation, and use such software may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
7.5YOU AGREE THAT YOUR USE OF THE SOFTWARE AND SERVICE SHALL BE AT YOUR SOLE RISK. WE DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT.
7.6IN NO EVENT SHALL US BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES PROVIDED BY THE SOFTWARE. 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 HAS 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 THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE, THE APPLICATION 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 ANY OF THE SOFTWARE IN ANY COUNTRY.
7.7You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.
9.1You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
9.2Unless we unilaterally terminate this Agreement or you terminate this agreement as above, this Agreement and the terms (including the updated agreement) will remain effective.
9.3Your right may be terminated automatically if you breach any obligation stated in this Agreement. We and any other third-parties may send your additional notice.
9.4The termination of this Agreement will not affect the obligations and liabilities you shall assume before the termination.
The Software does not directly target any juvenile users. If you are a juvenile user and decide to use 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.
11.1All the headings used in this Agreement are inserted only so that the text is easy for reading. They do not have any actual meaning and should not be taken as the basis for the construction of this Agreement.
11.2You agree that if we do not exercise any legal right, this will not be taken to be a formal waiver of our rights and we are entitled to continuously exercise our right.
11.3Without written consent from us, you shall not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
11.4If 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.
11.6We reserve the final interpretation right on this Agreement.
11.7If you have any comments on the Software and the Service or this Agreement, you may contact us [email@example.com], and we will use our best efforts to provide you with timely and necessary assistance.