AMS Software Terms of Service

Updated: June 15, 2020


1. TERMS

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and AMS Software, Inc. (“AMS Software,” “us,” “our,” or “we”., concerning your access to and use of “PhotoDiva” software application for mobile devices , including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions, whether made available for free or for a fee, and associated documentation (whether in printed or electronic form), and all related services, features and content offered by us (the “App”).

It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement.

If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must promptly discontinue downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control.

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

2. USE LICENSE

We own and operate the App on our own behalf.
You are entitled to use the App only to the extent described hereafter.
The App is developed to provide you with the following services: to retouch your portraitsby using tools and filters built in the App and to save the results to your mobile devices (hereinafter, the “Services”).
The App is provided by us for ENTERTAINMENT PURPOSES only, just for your personal and non-commercial use.

You shall use the App only for the purposes, mentioned above.

  1. Permission is granted to temporarily download one copy of the materials (information or software) for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    2. •modify or copy the materials;

    •use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

    •attempt to decompile or reverse engineer any “AMS Software” software;

    •remove any copyright or other proprietary notations from the materials; or

    •transfer the materials to another person or "mirror" the materials on any other server.

  2. Subject to the terms and conditions of this Agreement, you are given a personal license and right to access and use the applicable Services (and in the case of an App, to also install the App on your device) (collectively, the "Subscription"). This Subscription is nonexclusive, non-transferable, and non-sublicensable, and the Subscription only lasts while this Agreement remains in effect. As used herein, a "Paid Subscription" means a Subscription to any fee-based portions of the Services.
  3. The Services are delivered electronically, and shall be deemed accepted by you upon delivery. Some modules, tools, features, or other functionality (collectively, "Features") may only be available to Paid Subscriptions. Paid Subscriptions themselves shall also be subject to whatever limitations may be specified in the corresponding Paid Subscription plan or package (such as limitation on the number of authorized users, usage volume or duration).
  4. AMS Software reserves the right, from time to time and in its discretion, and without prior notice, to: (a) change any Features and/or other aspects (such as the design, layout, or availability) of the Services; (b) deactivate any Features, including without limitation deactivating any free Features and offering them only as part of a Paid Subscription (and vice versa); and (c) stop supporting (or limit compatibility with) certain devices and operating systems, in which case your access to the Services on such devices or operating systems may be impaired. Where required by applicable law, we will notify you in advance (either via email, via your Account, and/or within the Services) in the event we decide to shut down or discontinue any App, Web Service, and/or the Services as a whole.
  5. For the avoidance of doubt, the Services are only licensed to you, and no title in them passes to you. Any rights not expressly granted herein are hereby reserved by AMS Software and its licensors, and you are granted no other right or license in the Services, whether by implied license, estoppel, exhaustion, operation of law, or otherwise.
  6. This license shall automatically terminate if you violate any of these restrictions and may be terminated by AMS Software at any time.

3. PAYMENT

Certain Services and Features are only offered under a Paid Subscription, and certain Service Content is only offered for payment (such as Premium Stock Content and certain other Stock Content). You agree to pay whatever fees and other charges are presented to you when you subscribe to a Paid Subscription or paid Service Content (collectively, the "Fees"). If the payment plan is on a recurring-subscription basis, you agree to pay the Fees in accordance with the applicable billing cycle ("Billing Cycle"). If you downloaded the App from the Apple Store, refunds are permissible in accordance with their refund policy; otherwise refunds are permissible in accordance with the refund policies that AMS Software publishes. Except as stated in those policies, all Fees are non-refundable and non-cancellable.

Payments may be processed via the relevant App Marketplace, as well as any other third-party payment methods which we make available (such as via PayPal and certain supported payment cards). You must provide accurate billing information, and promptly update any changes to it (such as card numbers and expiry dates). If you are paying via credit or debit card, you represent that you are the authorized user of the card, and you authorize AMS Software (and any third party payment processor) to collect payment from you, on a recurring basis (if applicable), and to take all other necessary billing actions. If payment is made via a third-party payment processor, you will also be subject to its terms and conditions (over which we have no control) – so carefully read those terms.


4. YOUR CONTENT

The Company does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to the Company a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Company’s Privacy Policy.

You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Service; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Service in your jurisdiction.

You agree that the Company is not responsible for, and does not endorse, Content posted within the Service. The Company does not have any obligation to prescreen, monitor, edit, or remove any Content or accounts. If your Content violates these Terms of Service, you may bear legal responsibility for that Content.

We reserve the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by the Company in order to comply with certain legal obligations, but may not be retrievable without a valid court order.

Subject to the terms and conditions of this Terms of Service, the Company will use reasonable efforts to store your Content, if any, in connection with your use of the Service if such storage is a feature provided with the Service. You acknowledge and agree that the Company shall have no responsibility for the loss, deletion, or destruction of any Content, including any stored Content and that the Company is under no obligation to preserve, provide access to or return to you any Content.

Except as otherwise described in the Company’s Privacy Policy, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with the Company is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place the Company in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of the Company, and the Company will not be liable for any use or disclosure of any Content you provide.


5. PROHIBITED BEHAVIOUR

You agree not to use the App in any way that:

- is unlawful, illegal or unauthorized;

- is defamatory of any other person;

- is obscene or offensive;

- infringes any copyright, database right or trademark of any other person;

- advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You shall not make the App available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from the App or any documentation concerning the App.

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the App is prohibited. You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights. Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.

Also we are not responsible for the way you use the App. It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.


6. AVAILABILITY OF THE APP, SECURITY AND ACCURACY

In order to use the App, you are required to have a compatible mobile phone or tablet, and internet access. The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System with minimum system requirements.

We do not warrant that the App will be compatible with all hardware and software which you may use.

We make no warranty that your access to the App will be uninterrupted, timely or error-free. You acknowledge the App is provided via the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.

The version of the App may be upgraded from time to time to add support for new functions and services.

We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.

You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times. You can discontinue using our Services at any time by choosing the relevant option in your iTunes Account Settings. If you decide not to use the

App for any reason you should uninstall the App.


7. INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or relating to: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any rights of a third party, including without limitation any copyright, intellectual property, or privacy right; or (iv) any third-party claims or damages relating to death, personal injury or emotional distress arising from or related to use of the Service. This defense and indemnification obligations will survive the termination of these Terms of Service and your use of the Service.


8. MODIFICATIONS

AMS Software may revise these terms of use for its website and the App at any time without notice. By using this website and the App you are agreeing to be bound by the then current version of these terms of use.


9. CONTACT

For any questions or inquiries related to our product, you can reach out to us by email at customers@ams-soft.com.