Last updated: February 5, 2023
Welcome to CutArt!
Software is provided by Guangzhou Yiheng Information Technology Co., Ltd ( “we”, “our” or “us”).
Please read the following Terms of Use (“Agreement”) carefully. Your download, installation, use of and other access to use of CutArt ( the “Software” or “App”) means you have accepted this Agreement. If you do not agree with this Agreement, please stop using the Software immediately.
1.1. This Agreement constitute the legal basis for you to access and use the Software and related free or paid services.
1.2. In addition to this Agreement, additional terms of the relevant distribution platform (e.g. iTunes) may apply for your downloading of the Software.
1.3. To the extent that third parties (hereinafter “Partner Companies”) offer you services using the Software, the respective Partner Companies are solely responsible for such services.
2.1. We grant you a personal, revocable, non-transferable and non-exclusive license to use the Software. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run the Software or use related services on your smart mobile end-device, including but not limited to tablet, smart phone (“end-device”) for non-commercial purposes.
2.2. The Software and related services are provided on the basis of a currently available level of skill and condition. We are trying our best to meet your needs and ensure the consistency and security of our services. But we are not able to foresee at all times some legal and technological risks including but not limited to service interruption, data loss and other damages and risks due to force majeure, viruses, Trojans, hackers’ attack, unstable system, defective services provided by third parties, and government actions. You hereby acknowledge and confirm that you use the Software and related services at your own risk, except as otherwise provided by law.
3.1. Some of the services provided by the Software will need to be paid for use. You may choose our monthly package and annual package 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.
3.2. 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, Google or a third party, that governs your use of a given payment processing method.
3.3 We 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. 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 service, we will not refund the payment to you whether or not you use such service.
3.4. The services in connection of 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 CutArt.
4.1. You shall use the Software solely in compliance with applicable law and this Agreement. In particular, you must ensure that the information you disseminate or make publicly accessible via or in the context of the Software (i) does not violate the rights of third parties (e.g. right to privacy, rights to one’s own image, copyrights, trademark rights and the like) and (ii) does not violate applicable law (e.g. child protection legislation) in any other way. If and as far as data or content entered, disseminated or made publicly accessible by you involves personal data of third parties, you shall be responsible for obtaining the consent of the affected individuals. You shall not spy on or impede other users while using the Software, nor use the Software and/or related services for anything other than their intended purposes or in any way which disrupts or overburdens its technical operations. In particular, the Software may not be used for any of the following:
a) Disseminating content or making content publicly accessible that contains programs or files which could damage the hardware or software of us or other users (e.g., viruses, worms, Trojans and the like);
b) Disseminating content that is harassing, defamatory, threatening, obscene, hate-inciting, racist or in any other way legally objectionable by email or by other means or making such content publicly accessible;
c) Pretending to be another person, e.g. a representative of us or someone who is, in any other way, responsible for the Software or any services associated with them, or falsely laying claim to a relationship to such persons;
d) Falsifying headers or otherwise manipulating identifiers in order to conceal the source of content that is transmitted in connection with the services;
e) Disseminating content by email or by other means or otherwise making content publicly accessible that violates the rights of third parties, in particular patents, trademarks, and copyrights, business secrets or other proprietary rights;
f) Using the Software or related services for any unlawful activity;
g) Disrupting the Software’s technical operations or interrupting the normal flow of communications; or
h) Interfering with any of our services or related servers and networks, thereby impairing or interrupting their function or violating regulations, procedures or other rules for the use of networks that are associated with the services.
4.2. You are solely responsible for ensuring the proper security of the content you have created with the Software and/or made public, stored, transmitted or received in connection with the services; we are not responsible for the operation and/or accessibility of third party cloud storage services you may use to store your data captured with the Software.
5.1. You agree that any files or data (“Uploaded Files”) uploaded or transferred by you via Software shall be your sole responsibility. You shall not infringe or violate the rights of any other party or violate any laws, shall not contribute to or otherwise encourage unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. We do not endorse any Uploaded Files or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Uploaded Files. As such, you represent and warrant that you own or have (and will continue to have during your use of the App) been granted all necessary licenses, rights, consents and permissions for such Uploaded Files.
5.2. 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.
5.3 On becoming aware of any potential violation of this Agreement, we reserve the right (but shall have no obligation) to decide whether such Uploaded Files complies with the content requirements set out in this Agreement, and may remove such Uploaded Files and/or terminate a user’s access for uploading such Uploaded Files, at any time, without prior notice and at our sole discretion.
5.4 By uploading, posting or otherwise transmitting your Uploaded Files 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 Uploaded Files.
We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable law, especially special law/regulation on data protection by taking necessary measures and comply with the same in collecting, processing, transmitting and storing your personal information. Please be sure to read carefully our Privacy Policy which specifies the way we collect and use your personal information, etc.
7.1. You acknowledge and agree that we possess any and all the lawful rights and interests of the Software, including any intellectual property rights involved in the software and service.
7.2. The information in the Software includes but not limited to words, software, audios and videos, photos, diagrams, all contents in advertisements, the commercial information we offer to you, etc., which are all protected under copyright, patent, trademark as well as all other related laws and regulations. You are allowed to use these contents only when you have our authorization; no unauthorized reproduction, modification or compilation of these contents or creation of relevant derivative works are permitted.
7.3. Unless you have otherwise reached written agreement with us, this Agreement does not authorize you to use name of software, trademark, service mark, logo, domain name or any other sign with distinctive brand feature relating to us.
You hold us harmless from all claims, including claims for damages, that other users or any other third parties, including public agencies (“Third Parties”), assert against us on account of your violation of this Agreement and our Privacy Policy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to us as a result of your violation of the rights of other users or Third Parties. All further rights as well as claims for damages on the part of us shall remain unaffected.
9.1. You fully understand that the Software will involve Internet services and may encounter various risks such as force majeure which may cause the suspension of relevant services. We will use our best efforts to conduct timely repair, howsoever you shall be solely responsible for all losses incurred thereby, and we are not liable for the losses. Such risks include but not limited to the service interruption and disruption as a result of any of the following reasons:
a) damage due to computer virus, Trojan or other malicious program, and hacker attack;
b) a fault takes place in the software, system, hardware or communication lines of the terminal device of the users or us;
c) accident, natural disaster or governmental act;
d) users’ use of any services which are not provided or authorized by us; or
e) any other force majeure or factor beyond our control.
9.2. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. WE DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT.
9.3. IN 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 APPLICATION. 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 SERVICES IN ANY COUNTRY.
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.
We have the right to amend the provisions of this Agreement from time to time subject to the change of law and regulative policy and based on need of operation and development. Your continuous use of the Software will be deemed as your acceptance of such update.
12.1. You have the right to stop using the Software at any time.
12.2. The Software may be updated from time to time. You may at your own discretion decide whether to accept the updates or not. We do not guarantee providing you with latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred.
12.3. We reserve the rights to amend, interrupt, suspend or terminate to provide the Software based on the actual situation at any time, which includes but not limited to the memory space obtainable to a single user, the nature and quantity of the contents uploaded and other data or the ability of the users on continuously accessing the Software and services, etc.
12.4. You agree that we may, without prior notice, suspend or terminate the services related to the Software if:
a) the personal information you provide is inaccurate, fake or illegal/valid;
b) you are in breach of this Agreement;
c) we do so subject to law or requirements of competent authority;
d) other condition upon which we need to do so.
12.5. Upon termination of our service, we, subject to law and regulation, reserve the right to completely delete all information in your account, and we shall no longer undertake obligations to you.
If any provision of this Agreement is held to be illegal or unenforceable by any court or arbitral institution, the other provisions shall survive and continue to be binding.
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 parties agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit the issues to Guangzhou Arbitration Commission in accordance with its then current Arbitration Rules.
15.1. All 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.
15.2. We welcome your feedback in respect of the Software. Unless otherwise expressly represented or subject to applicable laws, any feedback sent from you will be deemed as non-confidential contents. You agree that we may, at our own discretion, decide whether to release or publish such contents. And you agree to authorize us to use the same at no cost and to amend, adapt, adjust design or change related technical plans, or make any amendment as necessary.
15.3. If you have any comments on the Software and related services or this Agreement, you may contact us at CutArtAPP@outlook.com, and we will use our best efforts to provide you with timely and necessary assistance.