Terms of Service for Passport Photo Editor

This page serves as an agreement between you and Andro Nepal ("we", "us", "our"). By using our product or service ("App") that we make available via our distribution partners, you agree to these terms of service ("Terms"). Anyone who uses the App ("you", "user", "users") is subject to adhere to these terms, so please read it carefully. If you do not understand some or any clause of these Terms, you should not use this App. When more features are available in the App, you might be required to agree to the additional terms and conditions to continue using this App. Our Privacy Policy explains how we collect, transfer, process and store your non-public information.

Description

We are providing our users with an App to help them prepare their photos. You can install the App from the Google Play Store or by downloading from other sources. You can import your photos to the App along with additional information required for editing the photo. After you have edited the photo, you can export the edited photo to your device. You can make use of the available tools to edit your photo yourself. To use our App, you must be of legal age that is required by your country to form a binding contract with us and only in compliance with this agreement, any applicable local, state, national and international laws, rules and regulations. The App should not be used by any users who have been held ineligible, or been blocked by us. Children below 13 years of age should not use this App to upload their photos for editing.

Free Tools

We offer a set of Free Tools that are available to you for using without any charge. You can use the available tools to prepare your photo yourself. Advertisements support the Free Tools, so you may be presented with different types of advertising banners, text, images, videos, or other digital presentations while you are using the App. You may be able to use the Free Tools without an active internet connection in your device. The Free Tools might not be available for free in the future as we may limit access to those tools, and you may be required to purchase a license or subscription to continue using the Free Tools.

Paid Tools

Paid Tools are the tools that you should only use after you make payment. You can make a one-time payment via Google Play to enable access to the Paid Tools. The display of third-party ads will be limited after you have made payment for the Paid Tools. You agree that you will not attempt to bypass the payment method to access the Paid Tools without making a payment. We may limit access to the Paid Tools in our sole determination if we believe you have obtained access to the Paid Tools without making a payment. We may change the price of the Paid Tools at any time, and the changes will be reflected immediately in the App. You will not be required to make an additional payment if we raise the prices. We will not refund you any amount when we lower the rates. All sales are final unless you are not satisfied with the purchase. If you are not happy with the purchase, you may contact us through the App, or email asking for a refund. After reviewing your request, we may refund your payment and revoke further access to the Paid Tools. You may not continue using the Paid Tools after you have received a refund. We do not process any of your payment information. We do not ask for or support payment through any other means like email or phone.

Photo Editing Service

Apart from the tools available for use inside the app, we also offer an online service to help you edit your photos. To edit a photo using our online service, you need to upload the photo and wait for the editing process to complete. You need to purchase credits to utilize this service. One credit will give you one chance to edit your photo using the online service. As a complimentary to people who buy our Paid Tools, we offer a specific number of free credits to them. If you have made a purchase, you can use those free credits to edit their photos. After the free credits are used up, you need to buy more credits to continue using the credits. We may adjust the price of the credits without notice, in such a way that the number of credits that you purchase is not affected. We will not revoke the credits when we raise the prices, and we will not give you extra credits when we reduce the price. All purchases that are made to buy these credits specifically are final unless you ask for a refund. When we refund your purchase, we automatically invalidate all your credits, and you need to purchase the credits again to continue using the photo editing service.

Your Content In Our App

Any content that you import in the App will remain the property of its respective owner. For example, if you upload your photo to the App, the photo remains yours. If you upload a photo of someone else, you must obtain permission from the person to upload their photo.

Intellectual Property

Our name, logo, the name of the App, its icons, and the designs inside the App are copyright protected content and registered trademarks. You may not use them elsewhere without written consent from us. All other trademarks not owned by us that appear on our App are properties of their respective owners, who may or may not be connected to, affiliated with, or sponsored by us. Except any content uploaded by you, all text, images, designs, logos, illustrations, software, patents, trademarks, logo, copyrights, photographs, audio, video and all Intellectual Property Rights related to those items are the exclusive property of us and our licensor, service providers, or companies that provided us license to use their content. Unless you have separate, written permission from us, no provision in these Terms grants you any right to sell, rent, modify, license, sub-license, distribute, create a copy, transmit or make derivative work from the App.

Your Rights

Subject to these Terms, we grant you a non-exclusive, non-transferable license to use the App and any accompanying software for personal and non-commercial use, including the features that let you submit, edit and save photos to your device. If you are a business or want to use the App for a commercial purpose, we recommend you get in touch with us by email and obtain our consent before doing so.

Your Responsibilities

Prohibited Conduct

Please use the App reasonably and with appropriate safety measures. Do not use the App when you are in an emergency or while you are in control of a vehicle or machinery. We take no responsibility for any harm or loss you incur by using the App when you were aware of any foreseeable consequence unless the law prohibits us from withdrawing our responsibility. You agree not to perform any of the following actions:

Third-party Links

The App may include different types of links to third-party websites, events, stores, activities, and advertisers. We do not own or control the contents available through the links. If you access any third-party site from our App, you understand that these Terms and our Privacy Policy do not apply to your use of third-party services. You expressly relieve us from any liability that may arise from your use of a third-party website or service or exposing yourself to the information or products made available on those websites. We cannot warrant that the content, services, information, or products offered by them are relevant to you. Any dispute, contract, warranty, claim, or payment is solely between you and the owner of the third party service. We are not responsible for any risk, loss, or damage caused by your relationship with those third-party services.

Indemnify

You agree to defend, indemnify and hold harmless Andro Nepal and its agents, licensor, subsidiaries, managers, and other affiliated companies and their agents, officers, directors, contractors, and employees from and against all liabilities, losses, debts, expenses, costs, damages, obligations and claims, including but not limited to all fees, fares, or charges arising from:

  1. your access to or use of the App, including any Content sent or received;
  2. your violation of any provision of these terms, including but not limited to your false claims of representation or warranties above;
  3. your violation of any contract or agreement with a third-party;
  4. your violation of any applicable rule, regulation, or law;
  5. your breach of any Intellectual Property Rights, right of privacy, or other rights of a third-party;
  6. any event that leads to use of your device to submit any content;
  7. any third-party's access to the App with a device owned by you at the time of event that resulted in any claim or damages;

Disclaimer of Warranty

WHILE THE APP SUBSTANTIALLY CONFORMS TO ITS PUBLISHED SPECIFICATIONS, THE APP IS PROVIDED IN "AS IS" BASIS. IN NO EVENT DO WE WARRANT THAT THE APP IS ERROR-FREE OR THAT USERs WILL BE ABLE TO USE THE APP WITHOUT ANY PROBLEM OR INTERRUPTION. ALL EXPRESSED OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL WE OR OUR AFFILIATES, SPONSORS, LICENSOR, CONTRACTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, OR AS A RESULT OF BINDING TO THIS AGREEMENT, EVEN IF WE OR OUR SPONSORS, LICENSOR, CONTRACTORS, EMPLOYEES, AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE APP MAY CONTAIN INACCURATE AND INCOMPLETE INFORMATION, WHICH MIGHT BECOME OBSOLETE OR INVALID OVER TIME. YOU WILL BE SOLELY RESPONSIBLE FOR VERIFYING THAT THE INFORMATION PROVIDED IS CORRECT AND FITS YOUR PURPOSE. SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY, OR STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL OUR OR OUR SPONSORS', PARTNERS', CONTRACTORS', EMPLOYEES', LICENSOR'S, AFFILIATES' OR AGENTS' LIABILITY TO USER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU TO USE THE APP, OR $10 USD (TEN UNITED STATES DOLLARS), WHICHEVER LESS.

Survival

The previous limitations shall apply even if the above-stated warranty fails of its essential purpose. The App is distributed by Andro Nepal, after obtaining a license from developers at the Federal Democratic Republic of Nepal. We make no representations that the App is available or appropriate for use in any other locations outside of Nepal. If you use the App from any other state or country, you agree that you are entirely responsible for getting appropriate permissions and consent from any required local, state and international regulatory bodies to use the App. Despite any age specified in the terms above, you agree that you have reached the age required by your jurisdiction to be able to use the App. If you have not reached the age that is set as a minimum by your jurisdiction to be able to use any service provided by this App, you must not use the App. You also agree that you are entirely responsible for compliance with all applicable laws of Nepal and your local laws and regulations. In no way shall these Terms limit any consumers' legal rights that you might have.

Legal Binding

This is a legally binding agreement between you and Andro Nepal. This agreement may not be transferred to another person or company by you, but may be assigned by us to anyone without any restriction. Any attempted assignment or transfer of this agreement in violation of the above terms shall be null and void. We may modify or update these Terms in our sole discretion, and indicate the last updated date at the bottom of this page. If you continue to use the App after any such change, you signify that you have read and agree to the updated Terms. If you do not agree with any of the conditions set in these Terms, you should not use the App. To make sure you do not violate any new terms you can visit this page and verify the last updated date. Any provision of the agreement, if found illegal or void, will be eliminated; however, the remainder will continue to hold the full force and effect.

Waiver

The event when Andro Nepal did not take any action or enforce any right or provision of these Terms would not mean a waiver of such rights or provision.

Amendment

We may, without any prior notice, change the nature of delivery or presentation of our App. We may also stop providing the App or some features of the App to you or all users. We may enforce usage limits for the App. We may temporarily or permanently terminate the App's functionality in our sole discretion. If we believe that you have violated any provision of these Terms, we may limit, terminate or suspend your access to the App at any time without notice and liability of any kind, to the extent permitted by applicable law. We may also limit your access to the App without disclosing a reason. You continue to be bound by these Terms with respect to any provision which is intended to survive termination, even after termination, suspension or limitation enforced to your access to the App.