Last updated: September 18, 2023
This Terms of Service( hereinafter referred to as the “Agreement”) applies to your use of the Widget Art mobile application( hereinafter referred to as “Software”, “App” or “Service”) distributed and operated by Haikou Chengfa Technology Co., Ltd. ( hereinafter referred to as “we” ). We offer the Software and the Service to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated in this Agreement.
Your visiting our Software IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THIS Agreement. Please read this Agreement carefully before accessing or using our Software. If you do not agree with this Agreement, please stop accessing or using our Software immediately.
Any new features which are added to current Software shall also be subject to this Agreement. You can review the most current version of this Agreement at any time on our Software. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes to our Software. You understand and agree that if you continuously use our Software after the date of this Agreement have changed, we will treat your continuous use as acceptance and compliance with the updated terms.
2.1 We grant you a personal, revocable, non-transferable and non-exclusive license to use the App. Unless otherwise expressly agreed in writing, you are permitted to install, use, display or run the App or use the Service on your smart mobile end-device, including but not limited to tablet, smart phone (“end-device”) for non-commercial purposes.
2.2 You may not use the App under the following conditions:
you shall not create derivative works from the App or commercially exploit the App, in whole or in part, in any way;
you shall use the App for lawful purposes only;
you shall not use, sell, modify, or distribute the App except as permitted by the functionality of the App;
you shall not conduct any behaviors that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account；enter public computer network or other’s computer system to delete, modify, add stored information without permission; attempt to search, scan, test the App system, Internet leak, or other behaviors breaking internet security; attempt to interfere, damage the App system normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package.
You may not use the App in a way that may lead to damage, suspension, overloading or quality reduction to the App (or server and internet connected to the App), or in the way that may affect the Service provided.
You promise not to copy, grant a sub-license, share or sell the App or the Service to any others. You are fully responsible for any fees and expense arising therefrom.
2.3 We reserve all rights not expressly granted to you. And this license may automatically terminate if you violate any of these restrictions and may be terminated by us at any time at our sole discretion.
You acknowledge and agree that we possess any and all the lawful rights and interests of the App, including any intellectual property rights involved in the App and Service.
The information in the App includes but not limited to words, software, audios and videos, photos, diagrams, all contents in advertisements, the commercial information we offer to you, etc., which are all protected under copyright, patent, trademark as well as all other related laws and regulations. You are allowed to use these contents only when you have our authorization; no unauthorized reproduction, modification or compilation of these contents or creation of relevant derivative works are permitted.
Unless you have otherwise reached written agreement with us, this Agreement does not authorize you to use the App name, trademark, service mark, logo, domain name or any other sign with distinctive brand feature relating to us.
We respect the privacy and personal information of each user and will protect your privacy and personal information in accordance with applicable law, especially special law on data protection by taking necessary measures and comply with the same in collecting, processing, transmitting and storing your personal information. Please be sure to read carefully our Privacy Policy which specifies the way we collect and use your personal information, etc.
The App does not directly target any juvenile users. If you are a juvenile user and decide to use the App any way, please first seek the consent of your guardian and/or other adult with guardianship duties and use the App under the guidance and supervision of your guardian or any other adult with guardianship duties. In addition, your guardian and/or other adult with guardianship duties shall be responsible for assisting you in correctly understanding the contents of this Agreement and other related legal documents in order to guide you to use the App in a correct way.
6.1 Some of the Services provided by the Software will need to be paid for use (“Paid Services”). Once the fees are duly paid in full, you will acquire the Paid Services within the subscription period. For Paid Services, we will obtain your consent before collection of payment. In the future, the Software may comprise further Paid Services.
If you already subscribed the Paid Services during the period the further Paid Services is updated, you will be able to use the further Paid Services during the subscription period without extra charge, provided that: a) no extra charge is required by us; b) you update the Software as may be required to use the further Paid Services.
6.2 If you need to obtain and use the subscription service, please understand the charges and methods of the Paid Services in advance. We may independently decide and modify (adjust, including but not limited to promotion, price increase, etc.) our subscription rules within the limits not prohibited by laws and regulations after comprehensive consideration of our operating costs, operating strategies, etc. If the prices of the Paid Services have been adjusted when you purchase or renew the subscription, the currently valid prices posted on the Software shall prevail. Your behavior of opening and paying for the Paid Services is deemed that you are fully aware of the charges and methods of the Paid Services provided by the Software.
6.3 For any Paid Services offered by us, we accept payment via the current payment method indicated prior to purchase, which may include Apple Payments and any other form of payment that we make available to you from time to time. You agree to abide by any relevant terms of service or other legal agreement whether with Apple or a third party, that governs your use of a given payment processing method.
6.4 You acknowledge and agree that the Paid Services are online commodity and virtual commodity, which adopts the method of charging before service, and the subscription fee is the price of the online commodity corresponding to the Paid Services purchased by you, rather than the nature of prepayment, deposit or deposit card, etc. The Paid Services are not transferable or refundable once ordered (except in the case of breach of contract such as the complete inability to use the Paid Services due to major defects, otherwise agreed in this Agreement, laws and regulations require a refund, or you contact us and we believe that you can refund after our judgment). If you do not accept the Paid Services, you may stop using the Paid Services or discontinue the Paid Services.
6.5 Automatic Renewal
6.5.1 Automatic renewal refers to a service launched by us for your demand for automatic renewal when you have ordered the Paid Services to avoid your failure to renew in time due to negligence or other reasons. If you choose to order the automatic renewal service, at the end of the subscription period, Apple or the third-party payment channel will charge your account for the next billing cycle in accordance with their debit rules.
6.5.2 The fee deduction date for automatic renewal is the day before the expiration of the subscription service period. Once the deduction is successful, the Software will provide you with the corresponding subscription service of the next cycle. If your account balance is insufficient to pay the subscription service fee for the next cycle, the Software will automatically stop providing the subscription service, and the risk and/or loss of renewal failure due to insufficient deductible balance in the above account will be borne by you.
6.5.3 Unless you voluntarily and explicitly unsubscribe from the automatic renewal service, the automatic deduction will be valid for a long time. Apple or the third-party payment channels may remind you of the automatic deduction in advance by email or message before automatic debit. If you need to cancel the automatic renewal service, please turn off the service 24 hours before the deduction date.
You hold us harmless from all claims, including claims for damages, that other users or any other third parties, including public agencies (“Third Parties”), assert against us on account of your violation of this Agreement and our Privacy Policy. You shall assume all reasonable costs, including the reasonable costs incurred for legal defense, that accrue to us as a result of your violation of the rights of other users or Third Parties. All further rights as well as claims for damages on the part of us shall remain unaffected.
8.1 You acknowledge and agree that the App may have potential risks like service interruption, failure to respond to user’s request, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall we be liable for any risks stated above.
8.2 We are not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
8.3 In view of business development and adjustment, we reserve the right to amend or terminate the Service without prior notice to users at any time, and we are not liable for users and any other third-parties when executing this right.
8.4 The Service which is not officially released or authorized by us and the derivative works of us are illegal. user’s downloading, installation, and using this App may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.
9.1 The App may be updated from time to time. You may at your own discretion decide whether to accept the updates or not. We do not guarantee providing you with latest updated services if you do not accept the updates, and you shall be solely responsible for any loss that may be incurred.
9.2 We reserve the rights to amend, interrupt, suspend or terminate to provide the App based on the actual situation at any time, which includes but not limited to the memory space obtainable to a single user, the nature and quantity of the contents uploaded and other data or the ability of the users on continuously accessing the App and the Service, etc.
9.3 You agree that we may, without prior notice, suspend or terminate the Service related to the App if:
you are in breach of these Terms;
we do so subject to the applicable law or requirements of competent authority; or
other condition upon which we need to do so.
9.4 Upon termination of the Service, we, subject to the applicable law and regulation, reserve the right to completely delete all information of you, and we shall no longer undertake obligations to you.
10.1 You agree that if we do not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of our rights and we have the right to continuously exercise or enforce the right or regulation.
10.2 Without written authorization from other side, user may not assign or transfer the rights granted by these Terms, or assign the designated responsibilities and obligations to others.
10.3 The validity and interpretation of these Terms is applicable to laws of the People’s Republic of China (“PRC”). If any provision in these Terms conflicts with PRC Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both we and users agree to resolve the issues arising from these Terms through consultation. If consultation fails, either side can submit the issues to arbitration in accordance with this clause, then any such dispute will be finally and exclusively settled by the China International Economic and Trade Arbitration Commission (“CIETAC”) South China Sub-Commission for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
10.4 We reserves the final interpretation right on these Terms.
If you have any questions about the Service or this Agreement, or if you would like to obtain a previous version of the current document, feel free to contact us at widgetart@outlook.com.