Terms and Conditions

Last updated: February 27, 2023

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with this mobile application (the “Application”, “us”, “we”, or “our). Please read this agreement carefully to ensure that you understand each provision. Your access to and use of the Application is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all users and those who wish to access or use the Application. By using or accessing the Application you agree to be bound by these Terms. If you disagree with any part of the terms, please do not access the Application.

If you are using the Application on behalf of a business or some other entity, you state that you are authorized to grant all licenses set out in these Terms and to agree to these Terms on behalf of the business or entity.

A. General Payment Terms

Premium features of the Application will require you to pay fees upon registering for the applicable premium service. Before you make the payment, you will be given the opportunity to review and accept the fees to be charged. Fees vary based on the plans.

B. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Application after those 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 Application.

C. Service Usage

We grant you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Application. This is the grant of a license, not a transfer of title, and under this license you may not:

(i) copying, distributing, disclosing, or making modifications to any part of the Application in any medium, including without limitation by any automated or non-automated “scraping”;

(ii) remove, cover, alter or distort any copyright, trademark, or other proprietary rights notice we include in or through the Application;

(iii) transmitting spam, chain letters, or other unsolicited email;

(iv) collect or harvest any personally identifiable information including, without limitation, user names, passwords, email addresses, from our Application;

(v) decipher, decompile, disassemble or reverse engineer any aspect of the Application, do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of the Application.

(vi) attempt to or interfere with the proper working of our Application or impair, overburden, or disable the same;

(vii) upload viruses or other malicious code or otherwise compromise the security of the Application;

(viii) use the Application for any purpose that is illegal or prohibited in these Terms;

(ix) use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.

D. Compliance with Law

You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

E. Content

(1) Our Application allows you to create, post, link, store or share (collectively, “Make Available”) certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you Make Available in the Application, including its legality, reliability, and appropriateness.

(2) Rights You Grant Us. By creating content in the Application, you grant us a non-exclusive, worldwide, royalty-free, sublicensable and transferable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Application. You retain any and all title and interest in any Content you submit, post or display on or through the Application 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 Application, who may also use your Content subject to these Terms.

(3) Content Representations and Warranties. You hereby represent, warrant, and covenant that you are the creator and owner of the Content, or have the necessary licenses, rights, consents, and permissions to authorize us and users of the Application to use and distribute your Content as necessary to exercise the licenses granted by you, in the manner contemplated by our Application and these Terms. You represent, warrant, and covenant that you will not submit any Content that:

(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;

(ii) may cause a risk of harm, loss, physical or mental injury, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;

(iii) is defame, libel, slander, or invade the right of privacy, publicity or other property rights of any other person;

(iv) is obscene, defamatory, objectionable, or contains or links to pornography, graphic violence, threats, hate speech, or incitements to violence;

(v) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any person or otherwise create liability or violate any local, state, national or international law;

(vi) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

(vii) is a chain letter of any kind.

(4) Monitoring Content. We have the right, but not the obligation, to monitor the Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any Content. If at any time we choose to monitor the content, we still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.

(5) Content Storage. You agree that you will not rely on the Application for the purposes of Content backup or storage. We will not be liable to you for any discontinuation, suspension, or modification of the Application, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. We have no obligation to store User Content or make it available to you in the future.

(6) Interactions. You are solely responsible for your interactions with other users of our Application. We reserve the right, but have no obligation, to monitor disputes between you and other users, including disputes regarding the exchange of virtual currency or goods.

F. Feedback

Any suggestions, comments, or feedback relating to the Application (collectively “Idea”, “Ideas”) submitted to us shall become our property. We will not be liable for any, including without limitation, product, application, site, services or advertising ideas and will not incur any liability as a result of any similarities that may appear in the Application, or operations, in the future. Without limitation, we will have exclusive ownership of all present and future existing rights to the Ideas of every kind and nature everywhere and will be entitled to use the Ideas for any commercial or other purpose whatsoever, without compensation to you or any other person submitting the Ideas. You acknowledge that you are responsible for whatever material you send, and you, not us, have full responsibility for the message, including its reliability, legality, appropriateness, originality, and copyright.

G. Termination

This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the Application. We may also terminate these Terms with you at any time, for any reason, and without advanced notice. We reserve the right in our sole discretion and at any time to terminate or block your use of our Application for any reason including, without limitation if you have failed to comply with these Terms. You agree that we are not liable to you or any third party for any termination of your use of our Application. Regardless of who terminates these Terms, both you and us continue to be bound by Section B-L.

H. Indemnity

You agree, to the extent permitted by law, to indemnify, defend and hold harmless us and our affiliated parties, directors, officers, stockholders, employees, licensors, suppliers, and agents against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from, or relating in any way to your Content, your access to or use of the Application or violation of these Terms by you.

I. Disclaimer/Limitation of Liability

You clearly understand and agree that your use of this application is at your own risk. The applications and content included in this article are provided on an “as is” and “available” basis.

Unless otherwise expressly provided in this agreement, we and our affiliates and their respective owners, officers, directors, employees and other representatives, business partners (collectively referred to as “we and our affiliates”) expressly disclaim any kind of express or implied warranty, including but not limited to the implied warranty of merchantability, fitness for a specific purpose and non-infringement. Unless otherwise expressly provided in this agreement, we and our affiliates do not guarantee that.

(I) the application will meet your requirements;

(II) the application will not be interrupted, timely, safe or error free;

(III) the information that may be obtained by using the application will be accurate or reliable;

(IV) any products, services, information, or other materials you obtain through the application will meet your expectations;

(V) any errors in the application will be corrected To the maximum extent permitted by law, we and our affiliates shall not be liable for;

(1) any indirect, special, incidental, punitive, exemplary or consequential damages under any circumstances;

(2) In any case, any loss of use, data, business or profit (whether direct or indirect) due to the use or inability to use the application, the third-party application or the content of the third-party program, regardless of the legal theory, whether we have been warned of the possibility of such damage, even if the remedial measures fail to achieve its basic purpose;

(3) to the extent permitted by applicable laws, the total liability of all claims related to the application, third-party application or third-party application content exceeds the amount you paid to us in the previous twelve months.

(1) If you use a service, feature or functionality that is operated by a third party and made available through our Application (including Services we offer jointly with the third party), each party’s terms will govern the respective party’s relationship with you. We are not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

(2) Our Application may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. You are strongly advised to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

K. General Terms

(1) No waiver. No action of either you or us, other than express written waiver, may be construed as a waiver of any provision of this agreement.

(2) Assignment. You may not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent. Any such purported assignment or delegation by you without the appropriate prior written consent will be null and void and of no force and effect. We may assign these Terms of Use or any rights hereunder without your consent and without notice.

(3) Entire Agreement. These Terms constitute the entire agreement between you and us relating to the Application and your use of our Application, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the you and us relating to the Application and your use of our Application.

(4) Severability. Except where specifically stated otherwise, if any part of these Terms is unlawful or unenforceable for any reason, you and us both agree that only that part of the Terms of Use shall be stricken and that the remaining terms in the Terms of Use shall not be affected.

(5) You hereby agree to be bound by the Aitubo terms of service (the “terms”) when you use or access the Aitubo application located in the Apple App store and / or Google play and any other products or services of us (the “services” and “services” respectively) at any time Your use of the services depends on your acceptance and compliance with these terms. “Use” or “use” refers to accessing, installing, downloading, copying, in app purchasing or otherwise benefiting from using the functions of Aitubo application according to the documents. Please read this end user license agreement (“agreement”) before accessing, downloading or using any Aitubo app, please be careful because the relevant agreement governs your use of the Aitubo app and how we provide the Aitubo apps. If you do not agree to these terms, please do not use these services. The current version of these terms shall apply each time you use or access the service. This agreement also includes other payment terms, in app purchase options and other requirements specified on the download or purchase page / platform where you purchase or download Aitubo apps.

(6) Your use or access to the service is also subject to the Aitubo privacy policy (“privacy policy”), which is available here and incorporated by reference into this clause. In addition, you agree to abide by the rules, policies and procedures that we may publish on the service from time to time. We reserve the right to change these terms at any time without notice. Without prejudice to any rights under the law or this agreement, you also acknowledge that when you open, use or access the Aitubo application, an in app message notifying you of such changes shall constitute a reasonable means of notification. For the avoidance of doubt, if you continue to use the Aitubo application after we make amendments or apply changes to this agreement, you will accept such amendments and / or changes. If you do not agree to any changes, you must stop using the Aitubo application. If you have any further questions or concerns about the terms of this agreement, please contact us.

(7) User notice: this agreement is legally binding. If you do not understand this agreement, or do not agree to be bound by this agreement or the privacy policy referred to herein, you must immediately leave Apple App store and / or Google play, and you have no right to use or access any services. According to the laws of the jurisdiction where you live, you may have certain rights that cannot be waived by this Agreement and are complementary to the terms of this agreement. Some terms of this Agreement may be unenforceable against you. If any term or condition of this agreement is unenforceable, the remainder of this Agreement shall remain in full force and effect. You hereby confirm that you have reached the age of 18 (or, if you are under the age of 18, you are using Apple App store and / or Google play only and have obtained the approval of your parents or legal guardian), that you are legally able to sign this agreement, and that you have fully read, understood and agreed to be bound by this agreement. Please note that in order to use Google play, you must have a valid Google account and comply with the following age restrictions. In addition, you must also comply with any other age restrictions that may apply to the use of specific content or functions on Google play.

(8) Notice to parents and legal guardians: by granting your child permission to download, install, use, access and purchase the Aitubo app in the app, you hereby agree to the terms of this Agreement on behalf of your child. It is your responsibility to monitor any online and offline activities of your child. If you do not agree with this agreement, please do not allow your child to use the Aitubo application or related functions. If you are a parent or legal guardian of a child under the age of 18 and believe that he or she is using the Aitubo app without your prior approval, please contact us.

contact us: [email protected]