Terms of Use

Last Updated: 2023-03-24

Overview

In order to use AiEmoji website or mobile application (“Service"), you must first agree to these Terms of Use ("Terms").

You can accept these Terms by:

  1. clicking to accept or agree to these Terms, where this option is made available to you by AiEmoji in the user interface for any Service; or
  2. by actually using the Services. In this case, you understand and agree that AiEmoji will treat your use of the Services as acceptance of the Terms from that point onwards.

If there is any contradiction between what the English language version of these Terms says and what a translation says, then the English language version shall take precedence.

Account registration

  1. To use the Service you may register or create a user account, providing all required data or information in a complete and truthful manner. You may also use the Service without registering or creating a user account, however, this may cause limited availability of certain features or functions.
  2. You are responsible for keeping your login credentials confidential and safe and agree to be fully responsible for all activities that occur under your username and password. You are required to immediately and unambiguously inform the AiEmoji via the contact details indicated in these Terms, if you consider your personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Subscription

  1. We retain the right, at our sole discretion to provide some Services, which will be available only for paid users or paid subscribers. The subscription will begin after you make the payment and such paid Services will be provided to you on a subscription basis for the length of term that you specified (“Subscription Term”). You are responsible for payment of all fees, charges and taxes (if required by law) related to the transaction.
  2. All of your subscriptions to Services will automatically renew for periods equal to your initial Subscription Term, and you will be charged at our then-current rates unless you cancel your subscription by contacting Apple App Store support or Google Play support who manages your paid subscription prior to your next scheduled billing date.

Intellectual Property

  1. All of the text, graphics, images, photographs, videos, audio, music, copy right able computer code, trademarks, service marks, and logos contained on the Service (“AiEmoji Materials”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under the applicable laws and international conventions. The Service and the AiEmoji Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Service and the AiEmoji Materials.
  2. Emojis and emoji packs created by using the Service (“User Generated Content”) are owned by the user that created them. AiEmoji does not take any ownership or responsibility for the User Generated Content. Any user using the Service agrees to only use their own photos, images or any graphic designs or those you have explicitly obtained written permission from the right holders to use in this Service or to create a emoji or emoji pack from.
  3. You grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Generated Content in any and all media or distribution methods, now known or later developed.
  4. We follow the notice and takedown provisions of the Digital Millennium Copyright Act. In addition, we may remove from our Service any infringing material that we become aware of. Furthermore, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any material or content on the Service infringes upon your copyrights, you may contact us via aiemojipro@gmail.com.

Restrictions

You shall at all times ensure that the material or information you submit to us and your User Generated Content does not:

  1. contain any content, information or material that infringes the rights of any third party including copyright, trademark right, confidential information or rights of privacy;
  2. violate any applicable laws;
  3. contain any content or material that is offensive, abusive, defamatory, libellous, derogatory, bullying, discriminatory, obscene, violent, sexually explicit, indecent, which promotes or encourages violence, terrorism or any other illegal acts or which is likely to harass, upset, embarrass, alarm, inconvenience or annoy any person;
  4. in any way promote or incite anyone to commit or assist in any unlawful or criminal activity or anti-social behaviour, or encourage activities which could endanger the safety or wellbeing of others;
  5. disclose anyone’s personal contact details or invade their privacy;
  6. contain any viruses or other malicious or harmful programs;

Furthermore, you understand and agree that you will not do or attempt to do, or cause any third party to do or attempt to do, any of the following in connection with your use of our services:

  1. Use our services or User Generated Content available on our services in a way other than as expressly permitted by these Terms and the normal functionality of our services;
  2. use our services for any illegal purpose, in an unlawful manner or in any manner inconsistent with these Terms;
  3. use our services in a way that could damage, disable, overburden, impair or compromise our services, our systems or security or interfere with other users;
  4. use any programme or other means, including but not limited to scripts, spiders and robots, whether manually or automatically, to extract, download, index, mine, scrape, reproduce or circumvent the presentation, operation or intended use of our services or any features or functions of it;
  5. copy, modify, decompile or otherwise interfere with any part of our services;
  6. make alterations to, or modifications of, the whole or part of our services, or permit our services or any part of it to be combined with, or become incorporated in, any other programs;
  7. hack into, or insert malicious code, including viruses, or harmful data, into, our services;
  8. infringe our intellectual property.
  9. ensure that the content you submit to us and your User Generated Content does not contain any content, information or material that infringes the rights of any third party including copyright, trademark right, confidential information or rights of privacy;

Termination

We may suspend or terminate your user account, the right to use our Service and these Terms immediately for any breach of these Terms.

Disclaimer; Limitation on Liability

  1. AiEmoji may but has no obligation to retain or store any User Generated Content. AiEmoji makes no representations as to the accuracy, non-infringement or validity of any User Generated Content. AiEmoji does not monitor the Site or any User Generated Content, however, AiEmoji reserves the right to remove, delete or refuse to post any User Generated Content and to disable access for any Users if feel that such Content or Users may violate these Terms of Use, including any of the prohibited types of Content set forth above, or otherwise in AiEmoji’s discretion. Notwithstanding this right of ours, Users shall remain solely responsible for the content they post on our Site. You acknowledge and agree that neither AiEmoji nor any of its affiliates shall assume or have any liability for any action or inaction by AiEmoji with respect to any conduct within the Site or any communication or posting on the Site. AiEmoji also reserves the right to disclose any information that AiEmoji believes necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part.
  2. To the extent permitted by applicable law, in no event shall AiEmoji be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from your use of the service, materials or any other content therein. Notwithstanding anything to the contrary contained in these terms of service, AiEmoji‘s liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these terms of service, whether in contract, tort or for breach of statutory duty or in any other way shall not exceed $50.

Privacy

The AiEmoji Privacy Policy is incorporated into these Terms. By accepting these Terms, you agree to the collection, use, and sharing of your information through the Services in accordance with the Privacy Policy.

Links To Other Web Sites

AiEmoji has not reviewed all of the sites linked to its application and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by AiEmoji of the site. Use of any such linked application is at the user’s own risk.

Changes

We may update our Terms from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms on this page.

Governing Law

The applicable law is Singapore law, without regard to conflict of laws principles. In case of disputes arising from the terms of these Terms, the Parties hereby irrevocably submit to arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the SIAC for the time being in force.

Contact Us

If you have any questions about these Terms, please contact us via aiemojipro@gmail.com