Frameit-Terms Of Service
Last Modified: 21 Sep 2023
Updated on 21 Sep 2023：
1. Amendments to Frameit's Content Ownership: added the following content, "We do not claim any ownership of any user content. The ownership of the content you upload still belongs to you personally. Nothing in this agreement will be deemed to restrict your use and utilization. any rights to your User Content.You retain full rights to your artwork. We do not hold any rights to use or modify your creations without your explicit permission."
2. Amendments to Frameit's Content Rights: Add the following statement, "You are permitted to access and view content associated with your authorized usage of Frameit throughout the duration of this Agreement. This access is solely for indirect purposes, such as commercial promotion, including indirect promotion on third-party platforms, as well as for non-commercial personal entertainment, learning, research, or appreciation purposes."
Thank you for choosing Frameit
Important: Before you use Frameit (as defined below), we advise you to carefully read and make sure you understand the provisions of this Frameit Service Agreement (the “Agreement”), especially those Sections that are underlined and in bold, which might exclude or limit our liabilities or highlight your obligations. Frameit IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (the “Minors”) and we do not knowingly collect information from Minors. If you are between 13 (or 16 in certain jurisdictions) and 18, you must have permission from your legal guardian before you are permitted to use Frameit. If you have any questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please cease using Frameit immediately. If you have any questions regarding Frameit or wish to provide feedback (including, but not limited to, suggestions and complaints) to us, you can contact us via framelt888@gmail.com.
1. Scope of this Agreement: This Agreement is made between you and Jiahua Information Technology Ltd. and its affiliates who assist us with respect to the provision of the services (collectively, “we”, “us” or “our”) for your use of Frameit. This Agreement incorporates Frameit Account Regulations and the Privacy Policy. We may update this Agreement from time to time at our sole and absolute discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you are unwilling to accept all or part of the provisions of any future updated version of this Agreement, you must immediately cease your use of Frameit. Because Frameit is evolving over time, we may change or discontinue all or any part of Frameit at any time and without notice, at our sole and absolute discretion. If you continue to use Frameit after we have posted updated version of this Agreement, you are agreeing to be bound by the updated version of this Agreement. "Frameit" is a software product developed, operated and managed by us. Under this Agreement, "Frameit" refers to the Frameit mobile applications (the “App”), the website set up by us for Frameit, and other services provided by us as part of the App and/or the website.
2. Protection of User Information and Personal Information: It is our fundamental principle to protect your user information and personal information. You agree that we will collect, use, store, manage and protect your user information and personal information in accordance with the provisions of this Agreement and the Privacy Policy. If you are unwilling to accept or have any question related to the Privacy Policy in whole or in part, please cease using Frameit immediately and you may contact us via the contact details as first written above.
3. Your Use of Frameit: You shall be fully responsible for your use of Frameit and for your User Content (as defined below). You shall not produce, store or post any following information via Frameit:
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 Frameit’s normal operation;
vi. information that helps or encourages others to do any of the above;
vii. information that is otherwise deemed inappropriate by us.
Although we are not obligated to monitor access to or use of Frameit or to review or edit any User Content, we have the right to do so for the purpose of operating Frameit, 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 Frameit.
If you violate this Agreement, you agree that we may, at our 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 us, including, without limitation: (i) removing any offending User Content; (ii) suspending or terminating your access to Frameit, (iii) ceasing to provide any services related to Frameit, and (iv) taking measures to restrict your access to your Account.
4. Subscription Service.
We are entitled to charge fees for certain premium content such as frames and filters , advertisement privileges and other virtual goods that you may use with Frameit (collectively, the “Virtual Goods”) via our subscription service (the “Subscription Service”). Subscription period will depend on type of subscription that you choose when you sign up for the service (the “Subscription Period”). You agree that the Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Goods to anyone else. You also agree that any Virtual Goods purchased or Subscription Service and membership subscribed by you through the App downloaded from one app store (such as any Mainland China version of an Android app store) cannot be recognized and used on the same App downloaded from another app store (such as Google Play Store), and vice versa. This means that, you will not be able to transfer or carry over any Virtual Goods or Subscription Service or membership that you have purchased or subscribed for, between the same App if downloaded from different app stores.
Ownership of Virtual Goods. You acknowledge that you do not own the Virtual Goods but instead, we grant 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 Frameit.
Use of Virtual Goods. You are only allowed to obtain the Virtual Goods from us through using Frameit, and not in any other way. Subject to our compliance with applicable laws, rules, regulations and policies, we may:
By purchasing and/or using the Virtual Goods and our Subscription Service, you confirm 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”)..
We may from time to time at our 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 Term), you must immediately cease your use of Virtual Goods or Subscription Service.
We may change or discontinue all or any part of the Virtual Goods or Subscription Service, at any time and without notice, at our sole and absolute discretion, including, without limitation, making adjustments/improvements to our Subscription Service or the Virtual Goods based on our 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 Frameit content. To terminate the Subscription Service, please go to:
i. “Settings – App Store – Apple ID – Account Settings – Subscriptions” on your iOS device. By selecting Frameit, 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; or
ii.“Google Play app – profile icon – Payments & subscriptions – Subscriptions” on your Android device. By selecting Frameit, you are entitled to terminate our Subscription Service. For more information on how to manage your subscriptions, please refer to Google Play Help at: https://support.google.com/googleplay/answer/7018481?hl=en&co=GENIE.Platform%3DAndroid#zippy=%2Ccancel-a-subscription-on-the-google-play-app.
If you cancel your subscription, your access to the Subscription Service will automatically be terminated at the end of the Subscription Period.
Prepaid Subscription Service.By signing up for our Subscription Service, you understand that you will pay a one-time payment for the selected subscription period and your subscription will NOT be automatically renewed at the end of each paid Subscription Period. If you want to maintain uninterrupted access to subscription content, you can subsequently top-up (resubsribe) to extend the plan's end date.
Where an Prepaid 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 Prepaid subscription Service:
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 Frameit 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.
5. Content Ownership and License.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at support@smartist.app and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
Definitions. For purposes of this Agreement: (i) “Content” means text, audio, photos, images, videos, graphs, and other information, material or content, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Frameit; (ii) “Our Content” means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of Frameit (including you) through Frameit by us, including, without limitation, product features built into Frameit such as frames,background, filters, fonts, text, special effects, seal, and templates ; (iii) “User Content” means any Content uploaded or provided by users of Frameit and to be made available through Frameit, but excluding any Our Content (or derivatives thereof).
Content Ownership. We do 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. You retain full rights to your artwork. We do not hold any rights to use or modify your creations without your explicit permission. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to Our Content and all associated intellectual property rights. You acknowledge that Frameit and Our Content are protected by copyright, trademark, and other laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), the United States and other foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Frameit or Our Content. For greater certainty, if you incorporate any of Our 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 to Our Content and any derivatives thereof.
Rights in your User Content. By making any User Content available through Frameit, you hereby grant to us 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 Frameit and providing services to you and to other users of Frameit, in any form, format, media or media channels now known or later developed or discovered; and (ii) optimize and promote Frameit. 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 we and our 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 Frameit, nor any use of your User Content by us on or through Frameit 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 Frameit or outside of Frameit. In addition, User Content you delete may persist for a limited period of time in backup copies. We are 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 we 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 we have no responsibility in this regard. You agree that you will not have any claims against us 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, we shall also have the right to delete or remove any User Content in our sole and absolute discretion and without notice to you.
Rights in Content Granted by Frameit. Subject to your compliance with this Agreement, and subject to the license terms in Section 5 of this Agreement with respect to Virtual Goods, we grant 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 Frameit and solely for your personal entertainment, study, research or appreciation purposes that are non-commercial. You are permitted to access and view content associated with your authorized usage of Frameit throughout the duration of this Agreement. This access is solely for indirect purposes, such as commercial promotion, including indirect promotion on third-party platforms, as well as for non-commercial personal entertainment, learning, research, or appreciation purposes..
6. Advertising: Frameit may include advertisements in connection with access to the app, which you acknowledge that it supports the provision of the services by us and hence is reasonable and legitimate. You agree to receive advertisements made available to you by us or third-party partners while you are using Frameit. Subject to our compliance with any applicable laws related to the provision of advertisements, we do not select, review or screen advertisements and are not a supplier of any of these products or services. We make 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 Frameit to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. Unless otherwise stipulated by applicable law, we are 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.
7. Feedback: We welcome feedback, comments and suggestions for improvements to Frameit (the “Feedback”). You can submit the Feedback by emailing us at framelt888@gmail.com. or by using the “Help & 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.
8. License for the App.
Subject to your compliance with this Agreement, we grant 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. We reserve all rights in and to the App not expressly granted to you under this Agreement.
9. Disclaimer:You agree to use Frameit at your own risk. Frameit 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 Frameit, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of Frameit 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 Frameit or any materials contained therein.
10. 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 Frameit, 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) HK$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.
11. 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. Frameit 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 risk arising from, your use of any third-party websites or resources.
12. Force Majeure and Other Grounds for Exemption: Your use of Frameit 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, we shall have no liability to perform any of our obligations affected thereby, which obligations shall be suspended, and we 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.
13. Modification, Suspension, and Termination of Frameit: Except as otherwise stipulated in this Agreement, we shall have the right to modify, suspend, or terminate the operation of Frameit and/or your access to Frameit 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 Frameit. Upon any such cancellation, suspension or termination, the following Sections of this Agreement will survive: Sections 3 to 8, 10 to 17.
14. Notification of Infringement: We have the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Our 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 us in writing immediately in the form and containing the information prescribed by applicable law (“Infringement Notice”). All Infringement Notices shall be sent an email to framelt888@gmail.com
Where we remove any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us 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 us. You acknowledge and agree that we have no control and can not undertake responsibility or liability in respect of Infringing Material appearing on linked sites or other third-party sites.
15. Governing Law and Dispute Resolution:
This Agreement is established, entered into force, and shall be enforced and interpreted under the laws of the People's Republic of China, 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 us to the exclusive jurisdiction in the domicile of Jiahua Information Technology Ltd.. 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 us.
16. 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 or Account.
Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to Frameit’s servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. We will assume no responsibility for any data loss that is not solely caused by us.