Thank you for choosing AirBrush Video
Last Modified: September 28, 2022
1. Scope of this Agreement
2. Protection of User Information and Personal Information
3. Non-commercial Use of Airbrush Video
You agree to use AirBrush Video in a reasonable and legal manner in accordance with this Agreement. Unless otherwise stipulated, you may only view, share, store, use, transmit and post photos, videos and other content via AirBrush Video for your personal and non-commercial purposes, and you may not transfer your rights under this Agreement, whether for consideration or free of charge, without the prior written consent of Pixocial Technology.
4. Your Use of Airbrush Video
You shall be fully responsible for your use of AirBrush Video and for your User Content (as defined below). You shall not produce, store or post any following information via AirBrush Video:
i. photo or other content that contains gambling, violence, discrimination, nudity, eroticism or sexual innuendo;
ii. information that infringes the legitimate rights of others, including, but not limited to, the reputation right, portraiture right, privacy right and intellectual property rights;
iii. information that contains content defaming, coercing, humiliating, abusing, harassing, threatening, palming off/passing off or intimidating another person or entity, or personal information of another person or entity including, but not limited to, credit card information, social security number or other national identification number, non-public telephone number or non-public email address;
iv. information that creates unfair competition, including, but not limited to, content with ownership/intellectual property rights markings that have been tampered with, added, deleted or removed, and unauthorized content;
v. information that violates the terms of this Agreement, laws, rules, regulations, policies, social order and information that disturbs Pixocial Technology’s normal operation;
vi. information that contains unsolicited or unauthorized advertising, promotional materials, email, spam or other form of solicitation;
vii. information that helps or encourages others to do any of the above; or
viii. information that is otherwise deemed inappropriate by Pixocial Technology.
Although we are not obligated to monitor access to or use of AirBrush Video or to review or edit any User Content, we have the right to do so for the purpose of operating AirBrush Video, to ensure compliance with this Agreement and to comply with applicable law or other legal and regulatory requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole and absolute discretion, consider any Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conducts that affect the operation of AirBrush Video.
If you violate this Agreement, you agree that Pixocial Technology may, at its sole and absolute discretion or as required by applicable law, rules, regulations and policies, and without notice to you, take any action deemed appropriate by Pixocial Technology, including, without limitation: (i) removing any offending User Content; or (ii) suspending or terminating your access to and use of AirBrush Video, (iii) ceasing to provide you with any services related to AirBrush Video; and (iv) taking measures to restrict your access to your account.
Definitions. For purposes of this Agreement: (i) “Content” means text, audio, photos, images, videos, graphs, and other information, materials or content, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through AirBrush Video; (ii) “Pixocial Content” means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of AirBrush Video (including you) through AirBrush Video by Pixocial Technology, including, without limitation, product features built into AirBrush Video such as filters, fonts, text, special effects, stickers, borders, backgrounds and music templates; and (iii) “User Content” means any Content uploaded or provided by users of AirBrush Video and to be made available through AirBrush Video, but excluding any Pixocial Content (or derivatives thereof).
5. Virtual Goods
Pixocial is entitled to charge fees for certain premium contents or features (if any), such as filters, templates, stickers, advertisement privileges and other virtual goods that you may use with AirBrush Video (collectively, the “Virtual Goods“) via our subscription service (the “Subscription Service“). Subscription period will depend on the type of subscription that you choose when you sign up for the service (the “Subscription Period“). You agree that Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Goods to anyone else.
Ownership of Virtual Goods. You acknowledge that you do not own the Virtual Goods but instead, Pixocial grants you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to use them for personal use in accordance with the terms of this Agreement and only within AirBrush Video.
Use of Virtual Goods. You are only allowed to obtain the Virtual Goods from us through using AirBrush Video, and not in any other way. You may not:
i. transfer the Virtual Goods to anyone else;
ii. use the Virtual Goods other than as expressly provided by the license you purchased with respect to such Virtual Goods;
iii. use the Virtual Goods in a pornographic, defamatory or deceptive context, or in a manner that could be considered inappropriate, libelous, obscene or illegal;
iv. use the Virtual Goods in any way that allows others to download, extract, resell or redistribute content as a standalone file;
v. use the Virtual Goods (in whole or in part) as the distinctive or distinguishing feature of a trademark, design mark, trademark, business name, service mark, or logo. Additionally, you shall not be entitled to register (in any jurisdiction) such Virtual Goods (in whole or in part) as a trademark or rely on any such registrations, prior use, and/or accrued goodwill to prevent any third party use of the Virtual Goods or any similar content (including by us, our customers, or the copyright owner of such content);
vi. falsely represent that you are the original creator of the content that is made up largely of licensed Virtual Goods;
vii. portray any person depicted in the Virtual Goods (“Model“) in a way that a reasonable person would find offensive, including but not limited to depicting a Model (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, etc.; (b) in connection with the advertisement or promotion of tobacco products; (c) in a political context; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.
Subject to our compliance with applicable laws, rules, regulations and policies, we may at any time control, regulate, change or remove any Virtual Goods without any liability to you and/or revise the pricing for the Virtual Goods.
By purchasing and/or using the Virtual Goods and our Subscription Service, you confirm that you have read and agreed to be bound by this Agreement and any additional terms presented to you that are applicable to the Virtual Goods (the “Additional VG Terms”).
Pixocial may from time to time at its sole and absolute discretion update this Agreement and/or the Additional VG Terms without providing any notice to you. If you are unwilling to accept this Agreement or the Additional VG Terms (including all or part of the provisions of any future updated version of this Agreement and the Additional VG Terms), you must immediately cease your use of the Virtual Goods or Subscription Service.
Pixocial may change or discontinue all or any part of the Virtual Goods or Subscription Service, at any time and without notice, at its sole and absolute discretion, including, without limitation, making adjustments/improvements to our Subscription Service or the Virtual Goods based on Pixocial’s product planning and the country or area you are in.
Cancellation. You can cancel your subscription at any time and you will continue to have access to the Subscription Service through the end of the Subscription Period. To the extent permitted by the applicable laws, payments are non-refundable and we do not provide refunds or credits for any partial Subscription Periods or unused AirBrush Video content. To terminate the Subscription Service, please go to “Settings – App Store – Apple ID – Account Settings – Subscriptions” on your iOS device. By selecting AirBrush Video, you are entitled to terminate our Subscription Service. For more information on how to manage your subscriptions, please refer to Apple Support at: https://support.apple.com/en-hk/HT202039.
If you cancel your subscription, your access to the Subscription Service will automatically be terminated at the end of the Subscription Period.
Auto-renewal of Subscription Service. By signing up for our Subscription Service, you agree that your subscription will be automatically renewed at the end of each paid Subscription Period, unless you cancel it, and you authorize us to charge your billing account associated with your app store account (the “Billing Account“) for the renewal term. The auto-renewal may be turned off by the user in his/her app store account settings following the first payment of the subscription fees. Deleting the App from the device does not necessarily result in cancellation of the Subscription Service.
Where an auto-renewal subscription is offered, the purchase offer will indicate the subscription’s duration, price and terms of payment. The following conditions apply with respect to our auto-renewal Subscription Service:
i. payments will be charged to user’s Billing Account at confirmation of purchase, without the requirement of user’s password, SMS verification etc.;
ii. the subscription of our Subscription Service will automatically renew, unless the user cancels the auto-renewal of the Subscription Service at least 24 hours before the end of the current billing cycle (on app store). Cancellation of a subscription and/or of auto-renewal will not entitle user to any refunds; and
iii. User’s Billing Account will be charged for renewal within 24 hours prior to the end of the current Subscription Period. Once the payment has put through, you shall be eligible to our Subscription Service for the relevant Subscription Period. If your Billing Account balance is insufficient to pay for the subscription fee, we shall conduct a second automatic deduction from your Billing Account within the same day. If your Billing Account balance is still insufficient to settle the subscription fee of the upcoming cycle, we shall cease to provide you with our Subscription Service. Any transaction costs, local tax charges or other fees relating to the processing of your payment method incurred in relation to the above charges shall be borne by you.
Passwords and Account Access. If you create an account in the App, you are responsible for any activity that occurs through such account. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over AirBrush Video ready devices that are used to access the service and not reveal the password associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, us and our partners from identity theft or other fraudulent activity.
6. Content Ownership and License
Content Ownership. Pixocial does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Pixocial and its licensors exclusively own all right, title and interest in and to the Pixocial Content and all associated intellectual property rights. You acknowledge that AirBrush Video and the Pixocial Content are protected by copyright, trademark, and other laws of the United States and other foreign countries/regions. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying AirBrush Video or Pixocial Content. For greater certainty, if you incorporate any Pixocial Content into your User Content (for example, images, designs or filters that we provide that you add to User Content you create or share), we will retain all rights, title and ownership to the Pixocial Content and any derivatives thereof.
Rights in your User Content. By making any User Content available through AirBrush Video, you hereby grant to Pixocial a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense, to: (i) use, copy, modify, adapt, communicate, make available, distribute, publicly display, publicly perform and do all other acts comprised in any intellectual property rights in or to your User Content in connection with operating AirBrush Video and providing services to you and to other users of AirBrush Video, in any form, format, media or media channels now known or later developed or discovered; and (ii) optimize and promote AirBrush Video. In the event that such User Content contains the personal information, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that Pixocial and its sub-licensees are allowed to use them to the extent indicated in this Agreement.
Your Responsibility for your User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through AirBrush Video, nor any use of your User Content by Pixocial on or through AirBrush Video will infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws, rules or regulations.
Removal of User Content. You can delete your User Content at any time by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed, and copies of your User Content may continue to exist on AirBrush Video or outside of AirBrush Video. In addition, User Content you delete may persist for a limited period of time in backup copies. Pixocial is not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content on your device. Further, where your User Content is publicly available (such as those you shared to any other third-party platforms), you acknowledge that Pixocial cannot control whether people will copy or reproduce such User Content and how they are going to use such copies of such User Content, and Pixocial has no responsibility in this regard. You agree that you will not have any claims against Pixocial arising from or relating to third parties using image, design, video and other materials that derive from or are based on your User Content in any form, including, in particular, publishing on the Internet. Although we have no obligation to screen, edit or monitor User Content, Pixocial shall also have the right to delete or remove any User Content in its sole and absolute discretion and without notice to you.
Rights in Content Granted by Pixocial. Subject to your compliance with this Agreement, and subject to the license terms in Section 5 of this Agreement with respect to Virtual Goods, Pixocial grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your permitted use of AirBrush Video and solely for your personal entertainment, study, research or appreciation purposes that are non-commercial. You shall not use Content (excluding your User Content) for any commercial purposes without the prior written consent of Pixocial.
AirBrush Video may include advertisements in connection with providing AirBrush Video to you, which you acknowledge that it supports the provision of the services by Pixocial and hence is a reasonable and legitimate. You agree to receive advertisements made available to you by Pixocial or third-party partners while you are using AirBrush Video. Subject to Pixocial’s compliance with any applicable laws related to the provision of advertisements, Pixocial does not select, review or screen advertisements and is not a supplier of any of these products or services. Pixocial makes no representations or warranties as to the goods or services of any advertisers, whether express or implied all of which are hereby disclaimed. You should carry out your own enquiries as to any product or service advertised via AirBrush Video to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. Unless otherwise stipulated by applicable law, Pixocial is not liable for any of your losses or damages arising from or in connection with the transactions performed by you based on such advertisements or the content provided by the advertisers.
We welcome feedback, comments and suggestions for improvements to AirBrush Video (the “Feedback”). You can submit the Feedback by emailing us at [email protected], or by using the “Feedback” feature in the App. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
9. License for the App
Subject to your compliance with this Agreement, Pixocial Technology grants you a limited royalty-free, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes as expressly permitted by this Agreement. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means. Pixocial Technology reserves all rights in and to the App not expressly granted to you under this Agreement.
If anyone brings a claim against us, our affiliates or service providers, and/or each of our or their respective officers, directors, agents, joint ventures, employees or representatives, arising from or in connection with your acts or omissions relating to use of AirBrush Video or the provision of User Content, including, without limitation, actual or alleged violation of any laws, rules, regulations or other legal rights, or any breach of any term in this Agreement, you will indemnify and hold us and each of the parties identified above harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
You agree to use AirBrush Video at your own risk. AirBrush Video is provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of AirBrush Video, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of AirBrush Video may be interfered with by numerous factors outside of our control. We make no representation or warranties as to the quality, suitability, usefulness, accuracy, or completeness of AirBrush Video or any materials contained therein.
12. Limitation of Liability
To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement and/or your use of AirBrush Video, even if we have been advised of the possibility of such damages except in the cases where our intentional act or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lessor of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted.
13. Not Responsible for Third Parties
We are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. AirBrush Video may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risks arising from, your use of any third-party websites or resources.
14. Force Majeure and Other Grounds for Exemption
Your use of AirBrush Video may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events“). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, Pixocial Technology shall have no liability to perform any of its obligations affected thereby, which obligations shall be suspended, and Pixocial Technology shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by applicable law.
15. Modification, Suspension and Termination of AirBrush Video
Except as otherwise stipulated in this Agreement, we shall have the right to modify, suspend, or terminate the operation of AirBrush Video and/or your access to AirBrush Video at any time, in our sole and absolute discretion and without any notice. We shall assume no responsibility for any such modification, suspension or termination. It is your responsibility to appropriately update, backup and transfer the data generated and arising in connection with your use of AirBrush Video. Upon any such cancellation, suspension or termination, the following Sections of this Agreement will survive: Sections 3 to 8 and 10 to 17.
16. Notification of Infringement
Pixocial has the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement“) in respect of Pixocial Content, User Content and other material on the App and the website (“Infringing Material“) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the App and the website, please notify Pixocial in writing immediately in the form and containing the information prescribed by applicable law (“Infringement Notice”). All Infringement Notices shall be sent to Pixocial by email to [email protected] (please quote “AirBrush Video” in your email title) or mail to Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (Attention: Legal Department, Pixocial).
Where Pixocial removes any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against Pixocial under applicable law which you may have in respect of any Infringing Material appearing on the App and the website prior to such removal by Pixocial. You acknowledge and agree that Pixocial has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on linked sites or other third party sites.
17. Governing Law and Dispute Resolution
This Agreement is established, entered into force, and shall be enforced and interpreted under the laws of Singapore, without regard to its conflict of law provisions. Any disputes arising hereunder shall also be resolved in accordance with the laws of this jurisdiction. You agree to submit any dispute between you and Pixocial to the exclusive jurisdiction of Singapore. If any provision of this Agreement is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and bind upon you and Pixocial.
18. Inherent Risks
Inherent Risks. You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your User Content.
Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to Airbrush Video’s servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. Pixocial will assume no responsibility for any data loss that is not solely caused by Pixocial.
19. Specific Terms for Users in the European Union and the United Kingdom
The following specific provisions apply to users in the European Union and the United Kingdom:
(i) In addition to the choice of law made in Section 17 of this Agreement, the following shall apply: The statutory provisions limiting the choice of law remain unaffected. In particular, within the territorial scope of Article 6(2) of European Union Regulation (EC) No. 593/2008 (so-called “Rome I Regulation”) the following applies: If the law of the country where you, as a consumer, at the time of conclusion of the contract have your habitual residence (hereinafter “right of residence”) contains provisions for your protection which may not be deviated from by agreement under the right of residence, the (more favorable) provisions of the right of residence apply to you. Therefore, you enjoy the protection of the mandatory provisions of the right of residence despite the choice of law pursuant to Section 17 of this Agreement.
(ii) With regard to the Virtual Goods and Subscription Service, the following shall apply in addition: In accordance with the EU Directive 2011/83/EU and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, consumers, within the territorial scope of the said Directive and Regulations (as applicable), generally have a statutory right of withdrawal/ cancel when concluding a distance selling contract, about which we will inform you below in accordance with the statutory model instructions on withdrawal.
Model instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us of your decision to cancel this contract by a clear statement by email to [email protected] or by mail to Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong (Attention: Legal Department, Pixocial) of your decision to withdraw from this contract by an unequivocal statement. You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
— To [Pixocial Technology (Singapore) Pte. Ltd., Unit 8106B, Level 81, International Commerce Centre, 1 Austin Road West, Kowloon, Hong Kong, e-mail: [email protected]]:
— I/We (*1) hereby give notice that I/We (*1) withdraw from my/our (*1) contract of sale of the following goods (*1) /for the provision of the following service (*1) ,
— Ordered on (*1) /received on (*1) ,
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
(*1) Delete as appropriate.
This Agreement is prepared and drafted in English, but may be translated into other languages (e.g. Japanese, Korean, French etc.). Should any conflict arise between the English language version of this Agreement and any translation hereof, the English language version shall be controllingThis Agreement is prepared and drafted in English, but may be translated into other languages. Should any conflict arise between the English language version of this Agreement and any translation hereof, the English language version shall be controlling.