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TERMS OF USE

Last Updated: March 31, 2025

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Welcome to AvatarCam! Please read these Terms of Use ("Terms") carefully as they govern your use of our mobile application, AvatarCam (the "App"), including any updates, features, content, and services offered by or through the App.

 

1. Agreement to Terms

By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you may not download, install, access, or use the App.

We may change these Terms from time to time. If we make changes, we will notify you by revising the date at the top of these Terms and, in some cases, we may provide additional notice such as adding a statement to our website or sending you a notification. Your continued use of the App after such changes means you accept and agree to the modified Terms.

 

2. Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and share your information.

 

3. Eligibility

You must be at least 13 years old to use the App. By using the App, you represent and warrant that:

  • You are at least 13 years old;

  • You have the right, authority, and capacity to agree to and abide by these Terms;

  • If you are between the ages of 13 and 18 (or the age of legal majority in your jurisdiction), you have your parent or legal guardian's permission to use the App and they have read and agree to these Terms on your behalf.

 

4. Account Registration

You may need to register for an account to access some features of the App. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

 

5. License to Use the App

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device that you own or control and to run such copy of the App solely for your personal, non-commercial purposes.

You may not:

  • Copy, modify, or create derivative works of the App;

  • Distribute, transfer, sublicense, lease, lend, or rent the App to any third party;

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;

  • Remove, alter, or obscure any proprietary notices on the App;

  • Use the App in any manner that could damage, disable, overburden, or impair the App or interfere with any other party's use of the App.

 

6. User Content

"User Content" means any content that you create, upload, submit, share, or otherwise provide to or through the App, including images, avatars, photos, videos, comments, and feedback.

6.1. Your Rights in User Content

You retain all rights in the User Content you create, except as described below. By creating, uploading, sharing, or otherwise providing User Content, you grant us a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your User Content in connection with operating and providing the App.

6.2. Representations About User Content

You represent and warrant that:

  • You own the User Content you provide through the App or have all necessary rights to grant us the license rights in these Terms;

  • Your User Content does not infringe or violate any third party's intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights;

  • Your User Content does not violate any applicable laws or regulations.

6.3. Content Restrictions

You agree that you will not create, upload, submit, share, or otherwise provide any User Content that:

  • Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;

  • Infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party;

  • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware;

  • Violates or encourages any conduct that would violate any applicable law or regulation or would give rise to civil or criminal liability;

  • Impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;

  • Contains unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.

6.4. Content Monitoring and Removal

We have the right (but not the obligation) to monitor, edit, or remove any User Content, and to terminate or suspend your access to all or part of the App for any or no reason, including if we believe that you have violated these Terms.

 

7. Subscriptions and Purchases

The App may offer subscription services and in-app purchases.

7.1. Subscription Terms

If you choose to purchase a subscription to access premium features of the App:

  • Payment will be charged to your Apple App Store or Google Play account at confirmation of purchase;

  • Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period;

  • Your account will be charged for renewal within 24 hours prior to the end of the current period;

  • You can manage your subscriptions and turn off auto-renewal by going to your account settings in the Apple App Store or Google Play after purchase;

  • No refund will be provided for the unused portion of any subscription period.

7.2. Price Changes

We reserve the right to change our subscription plans and prices at any time. Any price changes will take effect following notice to you.

7.3. Refunds

Refunds are handled by the Apple App Store or Google Play, according to their respective policies. We do not have the ability to issue refunds for purchases made through these platforms.

 

8. Intellectual Property Rights

The App, including its content, features, and functionality, is owned by us and our licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. These Terms do not grant you any rights to use our trademarks, logos, domain names, or other brand features.

 

9. Feedback

If you provide us with any feedback, suggestions, or ideas ("Feedback") regarding the App, you grant us the right to use such Feedback without restriction and without compensation to you. You agree that we will own all rights in any materials or items we develop based on such Feedback.

 

10. Third-Party Services and Content

The App may contain links to or integrations with third-party websites, services, or content that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings with third parties.

 

11. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

WE DO NOT WARRANT THAT: (A) THE APP WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS.

 

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE APP.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

13. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Content, any use of the App's content, services, and products other than as expressly authorized in these Terms.

 

14. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the App will immediately cease.

 

15. Governing Law and Dispute Resolution

These Terms and any action related thereto will be governed by the laws  of Poland, without regard to its conflict of laws provisions. Any legal suit, action, or proceeding arising out of or related to these Terms or the App shall be instituted exclusively in the courts of the United States or the courts of the state of [STATE], and you consent to jurisdiction and venue in such courts.

 

16. Waiver and Severability

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

 

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede any prior and contemporaneous agreements, communications, or understandings, whether oral or written, between you and us regarding the App.

 

18. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. It is your responsibility to review these Terms periodically for changes. Your continued use of the App after we post any modifications to these Terms constitutes your acknowledgment of the modifications and your consent to abide and be bound by the modified Terms.

 

19. Contact Information

If you have any questions about these Terms, please contact us at:

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Email: office@explodedview.io

Website: https://www.avatarcam.app/contact

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