Last revised : 12 April 2022
PhotoToon is an APP (software, service) developed and operated by Gibyte AI Inc.(“We”, “our” or “us” ) . We provide software and services to you subject to your acceptance of all terms, conditions, policies and notices set forth herein. Your access to our software is conditional on your acceptance and compliance with these Terms of Service (this “Agreement”). This Agreement applies to all users of the Software. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING OUR SOFTWARE. If you do not agree to this agreement, please stop accessing or using our software immediately.
1.Who Can Use Our Services
According to the laws and regulations of your country, you must be at least 16 years old or the legal minimum age where you live . If you are under the age of 16 (or the legal age of majority in your place of residence) and decide to use the App in any way, please obtain the consent of your guardian and/or other adults with guardianship Use the App under the direction and supervision of a guardian or other adult with guardianship responsibilities. In addition, your guardians and/or other adults with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other relevant legal documents to guide you in the correct use of this application.
2.User Content
1) Certain features of the Service allow you to provide graphics, wallpapers, photographs and any other material (collectively, “Content”) to the Software. 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 are not responsible for any loss of content.
2) You retain all title to the content you submit, however, by uploading, posting or otherwise transmitting your content on or to the app, you voluntarily grant us a royalty-free, perpetual, irrevocable, transferable , worldwide, non-proprietary to use, sublicense, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, receive income or other compensation for the full term of any rights that may exist in such content Rights and Licenses. You also allow other users to access, display, view, store and reproduce such content for personal use in accordance with these terms of this agreement.
3) When you provide your content to the app, you understand and accept full responsibility for your content, including any consequences that may arise. We do not endorse any content or any opinion, advice or recommendation expressed therein and we expressly disclaim any and all liability with respect to such content. Accordingly, you represent and warrant that you have or have (and will continue to have during your use of the App) all necessary licenses, rights, consents and permissions granted to such content.
4) You agree that your conduct through the App will be subject to (and you agree that all of your content shall be subject to) this Agreement, which will be updated from time to time. You hereby warrant and represent that:
(a) you are the sole owner and/or own all rights to your Content;
(b) nothing restricts, restricts or restricts the license you grant herein;
(c) Your Content will not: (i) promote or facilitate illegal activity, or contain illegal content; (ii) be defamatory, misleading, deceptive, obscene, objectionable, racially or ethnically offensive, harassing or based on race, gender , color, creed, age, sexual orientation or disability; (iii) contains sexually suggestive or explicit content; (iv) infringes or violates any rights of any third party; (v) defames, defames or denigrates us or any third parties; (vi) contain any viruses, viruses, worms, Trojan horses and other prohibited or destructive code; or (vii) otherwise contain content that violates any law, rule, regulation or policy of any competent jurisdiction. You agree to defend, indemnify and hold harmless us and our directors, employees, shareholders, customers, agents, successors and assigns from any and all losses, damages, settlements or expenses (including reasonable legal fees) from breach of your representations and warranties set forth in this Agreement.
5) You agree that you will not post or upload any content that is unlawfully owned by you in the country where you live, or that is unlawful to use or possess in connection with the provision of our services.
6) You agree that content you submit to the Service does not contain any third-party copyrighted material, or material that is subject to other third-party proprietary rights (including rights of privacy or publicity), unless you have duly licensed or permission from the rightful owner , or other legal rights.
7) Upon becoming aware of any possible breach of this Agreement, we reserve the right (but not the obligation) to determine whether such content complies with the content requirements set forth in this Agreement, and may delete such content and/or terminate the user’s right to at any time Uploading such content without notice is at our sole discretion.
3.Our Intellectual Property
1) You acknowledge and agree that we own any and all legitimate interests in the App, including any intellectual property rights in the App and Services.
2) The information in the App , including but not limited to text, software, audio and video, photos, charts, all content in advertisements, business information we provide to you, etc., are protected by copyright, patent, trademark and all other relevant laws and regulations . You may use the content only with our authorization; you may not copy, modify or compile the content or create derivative works without authorization. 3) Unless you agree otherwise in writing with us, this agreement does not authorize you to use the App name, trademark, service mark, logo, domain name or any other sign with a distinctive brand feature associated with us.
4.General Conditions and Prohibited Activities
1) We grant you a personal, revocable, non-transferable and non-exclusive license to use the app. Unless otherwise expressly agreed in writing, you may install, use, display or run applications or use services on your smart mobile terminal devices, including but not limited to tablets, smart phones (“terminal devices”), for non- – Commercial purposes.
2) You shall not use this application in the following circumstances: you shall not create derivative works from this application or commercially exploit this application in whole or in part in any way; you shall only use the application for lawful purposes; unless the application You may not use, sell, modify or distribute the application; you may not do anything that compromises computer network security, including but not limited to: use of unauthorized data or unauthorized access to servers/accounts; unauthorized Entering public computer networks or other people’s computer systems to delete, modify, or add stored information; attempt to search, scan, test the App system, leak the network or other behaviors that damage network security; attempt to interfere with or destroy the normal operation of the App system, and intentionally spread malicious software Or viruses, disrupting normal Internet information services; forging (partial) names of TCP/IP packets.
3) You may not use the Application in a way that may cause the Application (or the servers and Internet to which the Application is connected) to be damaged, suspended, overloaded, or degraded in quality, or in a way that may affect the services provided.
4) You undertake not to copy, sublicense, share or sell the application or service to any other person. You are solely responsible for any fees and expenses incurred thereby. 5) We reserve all rights not expressly granted to you. This license may automatically terminate if you violate any of these restrictions, and we may terminate this license at any time in our sole discretion.
5.Paid Service
1 ) Some services provided by the app require payment, but we will provide users with a free trial version. You can choose from our weekly, monthly or annual packages for paid services. Once paid in full and on time, you will receive paid services for the duration of the subscription. For paid services, we will obtain your consent before charging. In the future, the app may include more paid services. If you have subscribed to the paid service during the subsequent paid service update period, you will be able to use the subsequent paid service for free during the subscription period, provided that: a) we do not charge additional fees; b) you update the application as needed to use further paid services Paid service.
2) For any paid services we provide, we accept payment by the current payment method specified prior to purchase, which may include Apple Payments and any other payment methods that we may make available to you from time to time. You agree to abide by any relevant terms of service or other legal agreements with Apple or third parties that govern your use of a given payment processing method.
3 ) We can modify our payment policy according to actual needs. Some free services may become paid services in the future. If you do not pay in full and on time, you will no longer be able to use the paid service when we start charging. In the event of price reductions or promotions, we will not provide price protection or refund your payment. Please note that as long as you have purchased a paid service, we will not issue a refund to you whether you use the service or not.
6.Compensation
You hold us harmless from all claims, including claims for damages, brought against us by other users or any other third parties, including public authorities (“Third Parties”), for your breach of this Agreement and our Privacy Policy. You are responsible for all reasonable costs we incur, including legal defenses, as a result of your violation of the rights of other users or third parties. All our further rights and claims for damages remain unaffected.
7.Disclaimer
1 ) You understand and agree that this App may have potential risks such as service interruption and inability to respond to user requests due to force majeure, mobile communication terminal virus or hacker attack, system instability, user geographic location, mobile phone shutdown, etc. . In no event shall we be liable for any of the above risks.
2) We do not assume any responsibility for losses caused to users due to force majeure such as telecommunication line failures, technical problems, Internet, mobile communication terminal failures, and system instability.
3) In view of the development and adjustment of the business, we reserve the right to modify or terminate the service at any time without prior notice to the user, and we do not assume any responsibility for the user and any other third party when implementing this right.
4) Services and our derivative works that are not officially published or authorized by us are illegal. The user’s download, installation and use of this application may lead to unexpected risks. We do not assume any legal responsibility and problems arising therefrom. 5) You agree to the fullest extent of applicable law that we have other disclaimers not listed in this agreement.
8.Applicable Law and Dispute Resolution
1 ) The validity and interpretation of these Terms shall be governed by the laws of the People’s Republic of China (“China”). If any provision in this clause is in conflict with Chinese laws, it shall be re-interpreted in accordance with the provisions of relevant laws. The invalidity or reinterpretation of these provisions shall not affect the validity and enforcement of the remaining provisions. Both we and the user agree to resolve issues arising from these terms through negotiation. If the negotiation fails, either party may submit the dispute to arbitration in accordance with this clause, and any such dispute will be finally resolved by arbitration by the Southwest Branch of China International Economic and Trade Arbitration Commission (CIET AC) . In accordance with the CIETAC Arbitration Rules in effect at the time of application for arbitration. The arbitral award is final and binding on both parties. We reserve the right of final interpretation of these terms.
2) The User shall not assign or transfer the rights granted by these Terms or assign the designated responsibilities and obligations to others without the written authorization of the other party.
3) You agree that if we fail to exercise or enforce any legal right or regulation, this will not be deemed a formal waiver of our right and we have the right to continue to exercise or enforce that right or regulation.
9.Changes to Terms
Any new functionality added to the current software shall also be governed by this agreement. You can view the latest version of this Agreement on our software at any time. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to our software. You understand and agree that if you continue to use our software after the date of this agreement is changed, we will treat your continued use as acceptance of and compliance with the updated terms.
10.Contact
We hope these terms help you understand how PhotoToon and the service work, and ensure that everything is predictable and safe when using it. If you have any questions about using PhotoToon and the Services or these terms, please contact us at