Terms of Service

last updated: 23/07/2024

This Terms of Service (this “Agreement”) is a legal agreement between you (hereinafter referred to as “user” or “you”) and ROSETIGER Sp.z.o.o. (hereinafter as the “we” or “us”) regarding your downloading, installation and use of this mobile software (the “Software”) and related services (the “Service”). YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS AGREEMENT. If you do not agree with this Agreement, please stop using the App immediately.
We have the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software. You understand and agree that if you continuously use the Software after the date on which these terms have changed, we will treat your use as acceptance and compliance with the updated terms.

Scope of the App License

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. 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 packages.
3. 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.
4. 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 expenses arising therefrom.
5. 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.

Intellectual Property Rights

1. 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.
2. The information in the App includes but is 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.
3. 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 features relating to us.

Privacy and Personal Information

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.

Use by Juveniles

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.

Paid Services

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. 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:
   • no extra charge is required by us;
   • you update the Software as may be required to use the further Paid Services.
2. For any Paid Services offered by us, we accept payment via the current payment method indicated prior to purchase, which may include Google Payments, 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 Google, Apple or a third party, that governs your use of a given payment processing method.
3. We could modify our payment policy according to practical needs. Some free services may become Paid Services in the future. If the fee is not paid on time and in full, you will no longer be able to use the Paid Services when we start to charge fees. In the event there is a price reduction or promotion, we will not provide price protection or refund your payment. Please be aware that, as long as you purchase the paid service, we will not refund the payment to you whether or not you use such service.

Indemnification

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.

Limitation of Liability and Disclaimer

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.
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.
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.
4. The Service which is not officially released or authorized by us and the derivative works of us are illegal. user’s downloading, installing, and using this App may lead to unexpected risk. We are not liable for any legal liabilities, issues arising from it.
5. You agree to the most extent under applicable law, we own other disclaimer rights not listed in this agreement.

Update, Discontinuation, Suspension and Termination of the App

1. You have the right to stop using the App at any time.
2. 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.
3. 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.
4. 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 conditions upon which we need to do so.
5. 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.

Others

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.
2. Without written authorization from the other side, users may not assign or transfer the rights granted by these Terms, or assign the designated responsibilities and obligations to others.
3. The validity and interpretation of these Terms is applicable to laws of Hong Kong. If any provision in these Terms conflicts with Hong Kong 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 Hong Kong International Arbitration Centre (“HKIAC”) for arbitration which shall be conducted in accordance with the HKIAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
4. We reserve the final interpretation right on these Terms.

Contact Us

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 workteam@rosetigerworld.com.