Terms of Use and End User License Agreement

Last updated: January 14, 2025

I. INTRODUCTION

These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to herein constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and IRONTECH LIMITED (“we,” “us” or “our”), concerning your access to and use of the "Photo Collage - Collageable" mobile application (the "App").

All documents related to the App are hereby expressly incorporated herein by reference.

Please read this Agreement carefully before downloading, installing, or using the App.

By downloading, installing, or using the App you indicate that you have read, understood, and agreed to the Agreement which takes effect on the date on which you download, install or use the App.

If you do not agree with this Agreement or any provision thereof, you may not access, download, install, or use the App. In the event that you have done anything from the above, you must promptly remove the App from any mobile device in your possession or under your control.

II. CHANGES TO THIS AGREEMENT

We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to and will be deemed to have accepted the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.

III. RESTRICTIONS ON WHO CAN USE THE APP

To download, install, access, or use the App, you must be eighteen (18) years of age or older.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to use the App. If you are between the ages of thirteen (13) and seventeen (17) and you wish to download, install, access, or use the App, before doing so you must: (a) confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement before you use the App; (b) have the power to enter a binding contract under applicable law.

Parents and guardians must directly supervise any use of the App by minors.

Any person under the age of thirteen (13) is not permitted to download, install, access, or use the App.

You confirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into this Agreement, and to abide by and comply with it.

IV. GENERAL TERMS

The App is a mobile application for taking and editing photos and images and exporting (saving) the results of such taking and editing to your mobile devices as well as sharing such results with your family and friends via social media.

The App is developed and can be used for your personal non-commercial use only.

V. PRIVACY POLICY

Your privacy is very important to us. Accordingly, we have developed a Privacy Policy for you to understand how we process, use, and store information including personal data. Access to the App and its related services is subject to the Privacy Policy. By accessing the App and by continuing to use the App and its related services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and its related services. Please read our Privacy Policy carefully.

VI. END-USER LICENSE AGREEMENT

By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright, and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.

As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to access and use the App under this Agreement (the “License”).

You may use our App solely for your non-commercial purposes. You are bound to respect the copyrighted material within the App.

The source code, design, and content, including information, photographs, illustrations, artwork, and other graphic materials, sounds, music, or videos (hereinafter – the “works”) as well as names, logos, and trademarks (hereinafter – “means of individualization”) within the App are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.

These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated whether in whole or in part unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.

All right, title, and interest in and to the App and its content, works, and means of individualization, as well as its functionalities (1) are the exclusive property of IRONTECH LIMITED and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewith.

We will not hesitate to take legal action against any unauthorized use of our trademarks, names, or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.

Open Source Software and Libraries incorporated into the App

Information about Open-Source Software and Libraries incorporated into the App

Amplitude-iOS © 2014 Amplitude, Qonversion © 2020 Qonversion team are subject to the terms of the MIT License.
Facebook SDK for iOS © 2014-present, Meta Platforms, Inc. is subject to the terms of the License.
Firebase iOS SDK © Google is subject to the terms of the Apache license.

We do not endorse or promote any software or content incorporated into the App.

VII. PROHIBITED BEHAVIOR

You agree not to use the App in any way that:

is unlawful, illegal, or unauthorized;
is defamatory of any other person;
is obscene or offensive;
infringes any copyright, database right, or trademark of any other person;
advocates, promotes or assists any unlawful act, such as (by way of example only) copyright infringement or computer misuse.

You shall not make the App available to any third parties. In addition, you shall not modify, translate it into other languages, reverse engineer, decompile, disassemble, or otherwise create derivative works from the App or any documentation concerning the App.

You shall not transfer, lend, rent, lease, distribute the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.

Misuse of any trademarks or any other content displayed on the App is prohibited.

You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights.

Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.

We are not responsible for the way you use the App.

We may adopt, against a user who violated the present Agreement, any legal measures at our disposal under the applicable laws.

VIII. AVAILABILITY OF THE APP, SECURITY, AND ACCURACY

You are required to have a compatible mobile phone or tablet, and an Internet access to use the App.

The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 13.0 or later.

We do not warrant that the App will be compatible with all hardware and software that you may use.

We make no warranty that your access to the App will be uninterrupted, timely, or error-free.

You acknowledge the App is provided via the Internet and mobile networks, so the quality and availability of the App may be affected by factors outside our reasonable control.

The version of the App may be upgraded from time to time to add support for new functions and services.

We may change or update the App and anything described in it without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.

You also warrant that any information that you submit to us is true, accurate, and complete, and you agree to keep it actual at all times.

You can discontinue using our Services at any time by choosing the relevant option in your iTunes Account Settings. If you decide not to use the App for any reason you should uninstall the App.

IX. CHARGES

The App is provided on a free basis. Once you download the App, you’ll have access to its basic features.

Access to some services and/or additional features (hereinafter – "Premium Features") within the App requires paid subscriptions. The App's page provides the full list of Premium options and pricing. You can try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before the end of the free trial period.

You can choose different subscription options. Subscription prices are in U.S. dollars and may vary in countries other than the U.S. You will have all the necessary information about your subscription plan and the duration of the free trial period on the signup screen before the purchase.

Subscriptions with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate, or otherwise amend our offered subscription plans at any time.

Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your Apple ID Account Settings at least 24 hours before the end of the current period. Payment will be charged to Apple ID Account at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.

Certain services within the App may be available as an In-App Purchase.

You may be charged by your communications service provider for downloading and/or accessing the App on your mobile phone or tablet device, so you should check the terms of the agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have permission from the person that does it before incurring any of these charges.

X. THIRD-PARTY WEBSITES AND RESOURCES

The App may link you to other sites on the Internet and contracted third parties to provide you with certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.

You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

If you have any queries, concerns, or complaints about such third-party websites or mobile applications (including, but not limited to, queries, concerns, or complaints relating to products, orders for products, faulty products, and refunds) you must direct them to the operator of that third party website or mobile application.

XI. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, AND CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS, OR MATERIAL PROVIDED UNDER THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

XII. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.

XIII. LEGAL COMPLIANCE

You must represent and warrant that (i) you are not located in a country that is subject to EU Parliament and/or the British Government and/or U.S. Government embargo, or that has been designated by EU Parliament and/or the British Government and/or U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any EU Parliament and/or the British Government and/or U.S. Government list of prohibited or restricted parties.

XIV. GOVERNING LAW AND CLAIMS

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflicts of law principles or provisions.

We make no representations that the App is appropriate or available for use in other locations. Those who access or use the App from other jurisdictions do so of their own volition and are responsible for compliance with local law.

If you choose to access or use the App from or in locations outside of the Republic of Cyprus, you are responsible for:

ensuring that what you are doing in that country is legal; and
the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits, and authorizations.

Any claims shall be exclusively decided by courts of competent jurisdiction in Nicosia, Cyprus, and the laws of the Republic of Cyprus shall apply, without regard to the choice of law principles. The UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.

If you ever wish to seek any relief from us, you agree to waive the ability to pursue a class action.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or in relation to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For sixty (60) days from the date of receipt of notice from the other party, you and we will engage in a dialogue to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

XV. CLAIMS REGARDING COPYRIGHT INFRINGEMENT

If you are a copyright owner or an agent thereof and believe that any materials accessible on or from the App infringe your copyright, you may submit a notification by providing us with the following information in writing:

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and, if available, your email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement, under penalty of perjury, that the information in the above notification is accurate and that you are, or are authorized to act on behalf of, the owner of an exclusive right that is allegedly infringed.
A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

XVI. TERMINATION

We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.

Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.

XVII. SEVERABILITY

If at any time any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect, that provision shall be construed to become legal, valid, and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

XVIII. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or the App, please contact us at collageable@irontech.mobi.