PicCutout Terms of Service

1. Introduction

Welcome to PicCutout. These terms and conditions ("Terms") govern your relationship with the PicCutout mobile application (the "Service") operated by HitPaw ("us", "we", or "our").

Please read these terms and conditions carefully before using our PicCutout mobile application (the "Service").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these terms. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to any part of these Terms, then you may not access the Service.

These Terms apply to all visitors, users and others who access or use the Service.

2. Services

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms. You agree that this license includes the right for us to use your Content to improve our service, in particular but not restricted to, use your Content to improve and train our segmentation algorithms.

You represent and warrant that:

  • The Content is yours (you own it) or you have the right to use it and grant us the rights as provided in these Term.
  • The posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

3. Accounts

When you create an account with us, you must provide us with information that is accurate, complete and up-to-date at all times. Failure to do so constitutes a violation of the Terms, which may result in the immediate termination of your account on our Services.

You are responsible for protecting the password you use to access the Services and for any activities or actions performed with your password, whether on our Services or on third party services.

You agree not to disclose your password to any third party. You must notify us immediately of any breach of security or unauthorized use of your account.

You may not use as a user name the name of another person or entity or a name that cannot be legally used, the name or trademark of any right of another person or entity other than you, or any other name that is offensive, vulgar or obscene.

4. Privacy Policy

You agree to our collection and use of your email address and other information in accordance with our privacy policy. The privacy policy of this product and service is detailed in the "User Privacy Policy". You agree to read carefully and fully understand and accept the privacy policy, and agree that the privacy policy is an important part of this agreement.

5. Age

No one under the age of 13 is allowed to create an account. If you are a child under the age of 13, please provide your legal guardian's email address so that we can obtain consent.

6. Security

PicCutout APP, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the PicCutout APP and any information you download or offer to share by means of an PicCutout APP, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection and, for Android users, enabling device encryption in your settings. You agree that PicCutout APP shall not be liable for any unauthorized access to your mobile device or the app data thereon.

7. Your Content

“Your Content” means any and all information and content that You submit or use with the Services (including content found on Your profile or posts) and any derivative works which You have produced through the use of the Services.

As the Account holder, You may submit Your Content on the Services. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies You or any third party.

You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use Your Content and You hereby grant PicCutout an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit Your Content and to grant sub-licences of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content. You also agree that Your Content may be retained by us for a reasonable period of time for the purposes of:

  • Improving or enhancing PicCutout products and the Services to You;
  • Analysing and measuring the effectiveness of PicCutout products, the Services (including our mobile applications);
  • Fulfilling contractual obligations;
  • Compliance with legal obligations.

You further agree that PicCutout is not responsible for the accuracy, currency, suitability, or quality of any user Content, whether provided by You or by other users. Any interaction between users are solely within the users and PicCutout will not be responsible for any loss or damage incurred as the result of such interactions.

8. Subscription

The usage of the application is charged on a subscription basis. We will charge you periodically ("Billing Cycle"). The Billing Cycle is set up on a weekly, monthly or annual basis.

At the end of each Billing Cycle, your subscription will automatically renew under the exact same conditions, unless you cancel it. You can cancel your subscription renewal at any time through the App Store or Play Store.

A valid payment method, including credit card, is required to process your subscription payment.

PicCutout does not handle refunds for subscription, as it is entirely dependent on App Store and Play Store policies.

9. Feedback

By submitting feedback, ideas, ratings, comments or suggestions to PicCutout privately through customer service ("Feedback"), you acknowledge and agree:

  • Your feedback will automatically become the property of PicCutout, and PicCutout has no obligation to you;
  • Your feedback does not contain confidential or proprietary information of you or any third-party;
  • PicCutout can use or disclose such feedback in any media around the world in any way for any lawful purpose;
  • PicCutout may have some similar feedback that is already under consideration or development;
  • You are not entitled to any form of compensation from PicCutout.

10. Third Party Links and Advertisements

The Services may contain links to third party websites and/or third party advertisements. These sites and/or advertisements are not owned or controlled by PicCutout and PicCutout is not responsible for the content, privacy policies or practices of these sites and/or advertisements. In addition, PicCutout does not and cannot review or edit the content of any third party web sites and/or advertisements. By using the Services, you acknowledge and agree that PicCutout is not responsible for your use of any third party websites and/or advertisements. Your use of all third party websites and/or advertisements is at your own risk and you should exercise an appropriate degree of care and caution in doing so. When you click on any third party website and/or advertisement, the terms and policies of the applicable third party, including the privacy and data collection practices of the third party, apply. You should conduct any investigation you deem necessary or appropriate before proceeding with any such third party website and/or advertisement.

11. Third Party Charge

You (not PicCutout) are solely responsible for any costs incurred when accessing services via Internet or mobile access providers or other third-parties, including but not limited to the costs incurred by sending or receiving SMS messages.

When the company provides services, it may charge certain fees to users of related services. In this case, the company will make clear prompts or guidelines on the relevant pages. If the user needs to pay for the service used, the user has the right to decide whether to use and accept the charged service. If the user refuses to pay such fees, the related services cannot be used.

12. Intellectual Property

You further agree that you are granted only a limited license to use and access the Services as expressly set forth in these Terms of Use and that no ownership rights are transferred to you, and that PicCutout retains all right, title and interest (including all patents, copyrights, trademarks, trade secrets and other intellectual property rights) in and to the Services, all related and underlying technology and documentation, and any derivative works or modifications. In addition, you agree that the Services are provided as an online, hosted solution and that you are not entitled to a copy of any code underlying the Services. You may submit comments, questions, suggestions or other feedback related to PicCutout ("Feedback"), and you agree that PicCutout is free to use, reproduce, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports or suggestions that you provide to PicCutout in connection with the Services without any intellectual property rights based or other obligations, royalties or restrictions.

13. Exclusive Rights

All right, title and interest in and to the services (including any PicCutout APP content or materials provided through the service, the appearance, design, service mark, trademark and service name of the service) are the exclusive property of PicCutout APP and its affiliates, licensors or users, and are protected by copyright, patent, trademark or other ownership and laws. Without the prior written consent of the service owner, you can not use, copy, modify, create derivative products, and reverse engineer any part of the product, sell, transfer, sublicense or transfer any rights by other means.

Unless there is another agreement between PicCutout APP and you, as far as any software we provide to you, PicCutout APP grants you the personal exclusivity, global, royalty-free, non-transferable and non-exclusive license of such software provided whose sole purpose is to enable you to use the service in the manner permitted by these terms of service. You must not (and you must not allow anyone else) copy, modify, create derivative products, reverse engineer, decompile or attempt by other means to extract the source code of the software or any part of it. You must not assign or grant sub-license of the right of the software you use, grant your right to use the software or a security interest in the right to use the software, or transfer any part of your right to use the software by other means.

14. Copyright Infringement

If you are a copyright owner or its agent and believe that any content on our Services infringes your copyright and wish to remove the allegedly infringing material, you may submit a notice to us with the following written information: [email protected].

  • A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf.
  • Identification of the copyrighted work claimed to have been infringed.
  • The subject matter of the material that is claimed to be infringing or to be the subject of infringing activity, and the identification of the material to be removed.
  • Information that enables us to contact you, such as an address, telephone number, or e-mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information submitted in the notice is accurate and that, under penalty of perjury, you are the copyright owner, or are authorized to act on the copyright owner's behalf.

15. Termination

You agree that PicCutout can terminate your application's access to the service at any time for the following reasons (including but not limited to) without prior notice:

  • Violation or violation of these Terms of Service or other incorporated agreements or guidelines;
  • Requirements of law enforcement agencies or other government agencies;
  • Your request to deactivate the application;
  • Termination or major modification of the service;
  • Unexpected technical or safety issues;
  • You engage in fraudulent or illegal activities;
  • You do not pay any fees related to the service. In addition, you agree that PicCutout is not responsible for you or any third-party for any deactivation of your application.

16. Limitation of Liability

You clearly understand and agree that PicCutout and its affiliates, members, managers, employees, agents, partners and licensors shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including but it is not limited to damage caused by loss of profit, goodwill, use, data or other intangible losses (even if PicCutout has been notified of the possibility of such damage), the reasons are:

  • Use or inability to use the service;
  • The purchase cost of substitute goods and services arising from any purchase or acquisition of goods, data, information or services, information obtained through services or transactions concluded through services;
  • Unauthorized access or modification of your transmission or data;
  • Any third party's statement or behavior on this service;
  • Any other matters related to the service. Some jurisdictions do not allow the exclusion of certain guarantees, nor the limitation or exclusion of liability for incidental or indirect losses. Therefore, some of the above restrictions may not apply to you.

17. Warranty Disclaimer

You clearly understand and agree:

  • Your use of the services is at your own risk. The service is provided on a "no change" and "available" basis. The PicCutout and its branches, members, officials, employees, agents, partners and licensors disclaim all warranties, whether express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
  • PicCutout and its affiliates, members, managers, employees, agents, partners and licensors do not guarantee that the service will meet your requirements; or that the service will be uninterrupted, timely, safe, error-free or free of viruses or other harmful components.
  • Any materials downloaded or otherwise obtained through the use of this service are at your own discretion and risk, and you will be solely responsible for any computer system damage or data loss caused by downloading any such materials.
  • Under no circumstances will PicCutout be liable for any content, including but not limited to any errors or omissions in any content, or any data loss or damage due to the use of any content posted through the service, sent by email, transfer or otherwise. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.
  • Any opinions, statements, suggestions or other information provided or expressed by third parties or users are those of the corresponding third parties or users, not PicCutout. Although we actively seek community participation in the content on our website through various means, we do not endorse and are not responsible for the reliability or accuracy of any suggestions, opinions or statements on this service.

18. Indemnity

You hereby indemnify PicCutout to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorneys' fees) arising out of or in any way connected with any breach by you of any provision of these Terms.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws and regulations of the People's Republic of China (for the purpose of this agreement, excluding Hong Kong, Macau, and Taiwan), without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right. If any provision of these Terms is found by a court to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us with respect to the Services and supersede any prior agreements we may have had with respect to the Services.

20. Changes

We reserve the right to modify or replace these Terms at any time and in our sole discretion. If the modification is material, we will endeavor to provide at least 30 days notice before any new terms become effective. What constitutes a material change will be determined by us in our sole discretion.

By continuing to access or use our Services after these revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

21. Contact Us

If you have any questions about these Terms, please contact us at [email protected].

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