Terms of Service

Date of Last Revision: September 15, 2023

The following document outlines the terms of service of FaceFancy（"FaceFancy" or "we" or "us"），which is owned by SHENZHEN TOPVIEW TECHNOLOGY CO.,LTD. Please read the Agreement carefully. Before using any of the FaceFancy services, you are required to read, understand, and agree to these terms. By accessing the Application, viewing any content or using any services available on the application (each is defined below) you are agreeing to be bound by these Terms, as well as with our Privacy policy. If you do not agree to these terms, you must not use the Mobile App. In case of doubt or discrepancy in the two versions, the latest version should prevail.

DESCRIPTION OF SERVICE

The FaceFancy App stores and processes personal data that you have provided to us, in order to provide our Service. It's your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the App won't work properly or at all.

Your access to and use of the FaceFancy application may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the application or any other reason within or outside the control of FaceFancy. We reserves the right to suspend or discontinue the availability of the application and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. We may also impose limits on certain features and Services or restrict your access to parts of or all of the Application and the Services without notice or liability. The Application should not be used or relied upon for storage of videos and images.

REGISTRATION

Most of the Topview apps will not require a registration, nevertheless, some of the FaceFancy Apps may permit or require you to create an account to participate or access additional features or functionalities. As a condition to using Services, you are required to open an account with FaceFancy and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by Third- Party Partners is not governed by this Agreement and you should refer to the relevant Third-Party Partners' website for their policies.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the security and confidentiality of your personal accounts and passwords, and assume all legal responsibilities for your activities through your account on FaceFancy.

You are fully responsible for how you use our Services. You agree to indemnify and hold harmless us and our directors, officers, employees, service providers, vendors, and agents from and against any and all losses, liabilities, claims, damages or expenses (including attorneys' fees and court costs and expenses) arising from or related to any use of the Services by you or that occurs because of you.

The Services are intended for use by individuals 13 years of age and older. You are not permitted to use the Services, establish an Account, or provide Account Information if you are under 13 years of age.

ABOUT PAYMENT AND VIRTUAL PRODUCTS

If you purchase products or services through the FaceFancy platform, you will be asked to provide billing information (e.g., name, billing address, credit card information) to the third-party payment processor designated by FaceFancy (“Payment Processor”).  You warrant that all such billing information is complete and accurate, and that you are authorized to use such account information for such payments. The use of the Payment Processor is subject to any terms and conditions made available by the Payment Processor, and you must comply with all such terms and conditions. You acknowledge that you may be separately required to accept the Payment Processor’s own terms governing use of its services in the manner it specifies.

The release and distribution of FaceFancy will take place in the global market through the Apple App Store and/or Google Play. Apps will nevertheless offer certain features and certain limits to the User as a paid feature through in-app purchase. If the User would like to use such paid features under this Agreement, you will first need to make payment before accessing the paid feature.

Such in-app purchase features are offered on an annual, semi-annual, quarterly, monthly or a weekly basis and will be re-billed every year or month by the Apple App Store and/or Google Play, depending upon auto-renewable subscription model, until cancelled by the User. The Apple App Store and/or Google Play will send an e-mail well in advance of renewal containing a hyperlink to manage subscription procedure. App Payments will be processed through the Apple App Store and/or Google Play from which you originally downloaded the application. You may access the applicable in-app purchase rules and policies directly from the Apple App Store and/or Google Play. You acknowledge and agree that you are fully responsible for managing your in-app purchases and the amount you spend on in-app purchase within FaceFancy apps.

The in-app purchases are purchased from and billed by the Apple App Store or Google Play, not FaceFancy. These purchases are subject to the terms and conditions of the Apple App Store and/or Google Play. All billing and refund inquiries shall be directed to the Apple App Store and/or Google Play. Having said that, FaceFancy does not have access to the Apple App Store and/or Google Play accounts and transactions.

When you purchase or receive Virtual products, you do not own them. Instead, you receive a limited right to use them for eligible services and merchandise on FaceFancy such as accessing locked content.

You acknowledge and agree that all billing and transaction process are handled by the Apple App Store and/or Google Play from whose platform you downloaded the FaceFancy Apps and governed by the Apple App Store and/or Google Play's terms and conditions/end user license agreement. If you have any payment related issues with in-app purchases, then you need to contact the Apple App Store and/or Google Play directly.

THIRD-PARTY PARTNERS

FaceFancy Apps allow you to enjoy various features, functionalities and other Services, which may change from time to time. FaceFancy Apps Functions are provided by FaceFancy and third-party suppliers who offer content and/or services in conjunction with or through FaceFancy Apps.

FaceFancy Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds and/or content. If the User is installing FaceFancy App that includes third party services and third-party content, such services and content are subject to such third party's terms of services and privacy policies, which might be found on the relevant Third-Party Partners' website. Please keep that in my mind that FaceFancy has no control over such websites and resources, and the User acknowledges and agrees that FaceFancy 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 reliance on any such Content goods or services available on or through any such website or resource. Having said that, FaceFancy shall not be a party to or in any way be responsible for monitoring any transaction between the User and the Third-Party Partners.

RIGHTS INFRINGEMENTS

FaceFancy attaches great importance to confidentiality, intellectual property rights including copyrights and personal data; takes care to be transparent about them. While using FaceFancy Apps, Users declare and undertake to use FaceFancy Apps following the principles in this Terms of Use and other texts provided to you by FaceFancy. Users shall only upload materials they produce or are authorized to use to FaceFancy Apps. Users declare and undertake to not infringe of any rights of other Users under this Terms of Use. If a user uploads unauthorized content, the consequences will be borne by the user himself.

LIMITATION OF LIABILITY

To the extent permitted by applicable laws, you expressly understand and agree that FaceFancy shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the FaceFancy Apps; (ii) unauthorized access to or alteration of your transmission or data; (iii) statements or conduct of any third party or (iv) any other matter relating to FaceFancy.

ABOUT CHANGES TO THIS AGREEMENT

We reserve the right to terminate this Agreement, in our sole discretion. We may terminate this Agreement prior to sending you written notification. For example, we will terminate the account of any User who threatens or harasses any other User.

These Terms of Service may be updated from time to time. Non-material changes and clarifications will take effect immediately, and material changes will take effect within 30 days of their posting on the websites. Where the changes are material, we may also choose to email all our registered users with the new details and it is within our sole discretion whether or not we choose to do so. The date of the most recent revisions will also appear on this page.

Any translation of this Agreement is done for local requirements and in the event of a dispute between English and any non- English versions, the English version of this Agreement shall govern to the extent not prohibited by law.

CONTACT INFORMATION

If you have any questions, comments, or concerns about our Services or Terms of Service you may contact us via E-mail:  ZSYJ_Tech@outlook.com

Company Name: SHENZHEN TOPVIEW TECHNOLOGY CO.,LTD

Address: HSAE Building, Gaoxin Ave 6 South, Nanshan, Shenzhen, Gaungdong Province, China