Apowersoft Background Eraser Terms of Membership Service

Preface

Welcome to join Apowersoft Background Eraser membership!

Please carefully read this Agreement before using it. By using the Service, including by clicking to indicate your consent to this Agreement and making any payment in respect of the Service, you signify you have read and understand the Terms, accept them, and agree to be bound by this Agreement. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.

If you are under the age of 18, please read this Agreement in company with your legal guardian

1. Description of Services

1.1 If you need to use the membership service, you can log in your account on the mobile phone or computer. After logging in, you can get the membership by purchasing or receiving the VIP as a gift from others. Your license is valid within the validity period.

1.2 As a VIP member, you will be entitled to enjoy the benefits of Membership, including but not limited to functions such as removing the watermark of Apowersoft Background Eraser. For details, please refer to the description on the “VIP Privilege” interface.

2. Membership and Subscription

2.1 You certify that you have registered for the Membership based on true, accurate, legal and valid personal information. You further certify that all additional personal information You may provide from time to time will be true, accurate, legal, and valid personal information. If there is any change to your personal information, You shall promptly update your Apowersoft account with such new personal information in a timely manner.

2.2 You are solely responsible for maintaining your Apowersoft account, account information, and account password properly. You shall take all necessary and effective measures to secure your account information and password. To the extent permitted by applicable laws, Apowersoft will not be liable for the leakage of your account information (including your password) not caused by Apowersoft and/or any losses caused by your improper use or maintenance of your account.

2.3 You understand and agree that after upgrading to VIP, for personal licenses, you can install and use one copy of the Software on a single computer/ mobile phone at a time.

2.4 This app and its materials (including, but not limited to texts, graphics, logos, sounds and software) are the copyright material of Apowersoft Limited. All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photo-copying, recording, or other electronic or mechanical methods, without the prior written permission of Apowersoft Limited excluding the following situations:

1. You may print or download extracts to a local hard disk for your personal and non-commercial use only.

2. You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.

3. Service Use Rules

3.1 Differences of devices and systems

You acknowledge that the specific VIP Membership benefits, Content, or Service available may vary from time to time, including as a result of different software versions, device capabilities, operating systems, and other third-party reasons. Apowersoft recommends that You resolve any such problems by upgrading the application or operating system, using a different device, or contacting us at support@apowersoft.com.

3.2 License Fee

This membership service is provided by Apowersoft. You shall pay the charges to us in accordance with this Agreement in order to use the membership service. In addition, you can use it if you receive the VIP as a gift or through other ways permitted by Apowersoft.

Apowersoft shall modify and change relevant rights and interests, charging standards and methods according to the overall plan of this service. The aforesaid modifications and changes shall be demonstrated on corresponding pages. Besides, Apowersoft will offer different discounts for users who want to buy or renew the membership license, and the discount shall be announced on relevant pages.

3.3 Payment

3.3.1 In iOS system, you can purchase in App Store and it is non-refundable; while for Android, and PC, you can pay via PayPal, Credit Card, and other payment methods accepted by Apowersoft according to the Agreement. After payment, you can request a refund in 30 days without giving reasons. When placing an order, please check and confirm your account and choose relevant options carefully. If there shall be a damage to your rights and interests because you subscribed for a wrong account or selected an unwanted charging type by inputting a wrong account, an improper operation, or not understanding the charging method and the like, Apowersoft will not make any compensation.

3.3.2 You shall not subscribe for yourself or others by:

1) subscribing for yourself or others for profit or business purposes without authorization of Apwoersoft;

2) subscribing for yourself or others by any robot software, spider software, crawler software and the like.

3) subscribing for yourself or others by any improper means or in breach of good faith;

4) subscribing for yourself or others in a way not approved by Apowersoft;

5) subscribing for yourself or others in ways of infringement of the legal rights of Apowersoft or others;

6) subscribing for yourself or others through other ways that violate relevant laws, administrative regulations, and national policies, etc.

3.4 Duration of Service

3.4.1 The duration of this service is subject to the corresponding subscription period that you choose and pay for. You can also go to the corresponding pages of this Agreement to check it.

3.4.2 You acknowledge and agree that Apowersoft will not make any compensation for: the duration of this service, including a reasonable time for bug fixing, server maintenance, adjustment, upgrade, and handling of third party infringement, etc.

3.5 Guidelines for use

3.5.1 This service shall not be used for any infringement of the intellectual property rights, property rights, and reputation rights of Apowersoft and any third party;

3.5.2 This is a payable service; by any means of infringement upon the charging, Apowersoft shall have the right to hold the perpetrator accountable and to claim compensation;

3.5.3 This service shall not be used to harm or suspected to harm minors;

3.5.4 This service shall not used for any engagement in any violation of laws, regulations, policies, social morality, and the like;

3.5.5 You acknowledge and agree, you shall be responsible for all actions in your account, including but not limited to mirroring your device to a public screen and any consequences arising therefrom.

4. Collection, Use and Protection of Personal Information of Membership

4.1 You acknowledge and agree: to fulfill this Agreement, we collect your personal information that you provided when using our services, including your account, nickname, avatar, phone number, etc., or information that we need for the sake of your account security, user experience optimization and the like. Apowersoft’s collection of your personal information will follow the provisions of this Agreement, relevant privacy policies and laws.

4.2 You acknowledge and agree: in order to provide better services, Apowersoft shall collect your personal information and inform you of our activities, personalized recommendation information and promotion information on Apowersoft Background Eraser website, in applications, or through text messages, calls, and emails.

4.3 We follow the principle to protect your personal information and privacy. Except as otherwise to this Agreement, the collection, use and protection of your personal information by Apowersoft for membership services will be governed by the privacy policy published by Apowersoft.

5. Liability for Breach of Contract

5.1 When using this service, you shall not breach the contract by:

5.1.1 any breach of this Agreement;

5.1.2any violation of laws, regulations, rules, and normative provisions;

5.1.3destroying or affecting the provision of this service to any third party;

5.1.4any behaviour that damages network security;

5.1.5causing adverse effects on the services and activities of this Agreementprovided by Apowersoft and associated third parties (including authorizedparties and partners), and infringing upon and/or the legitimate interests ofassociated third parties and/or other users;

5.1.6any infringement of the legal rights and interests of any third party found byrelevant department;

5.1.7making illegal benefits using this service, including but not limited togaining improper profits through resale, transfer, delegation of authority,etc.

5.1.8other infringement of legal rights and interest of Apowersoft.

5.2Treatment for Breach of Contract

Youconfirm and agree, once there shall be a breach of contract, Apowersoft shallhave the rights to take one or more of the following actions:

5.2.1 Delete or block the relevant information;

5.2.2 Suspend or terminate part or all of this service;

5.2.3 The unused service fee shall be owned by Apowersoft as liquidated damages, and we shall not refund any fees. The loss in your account (including but not limited to the loss of video data and the reduction of virtual products etc.) shall be at your own expense, and you shall also be compensated for the loss of Apowersoft (including but not limited to attorney’s fees, litigation fees, etc.)

5.3Compensation Liability

If yourbreach of contract shall cause any damage to Apowersoft and its affiliates,including direct economic loss and indirect economic losses, such as loss ofbusiness reputation, compensation, settlement, lawyer’s fee, litigation fee,etc., you shall be compensated for all the aforesaid loss to Apowersoft and itsaffiliates.

If yourbreach of contract shall cause damage to any third party, you shall beindependently liable to the third party.

6. Disclaimer

6.1 Youshall make independent judgment in the use, viewing, sharing, referring, orforwarding of relevant information and contents (collectively referred to as“use behavior”). For any damage to yourself or third parties causedby your use behaviour, Apowersoft does not bear any responsibility.

6.2Apowersoft will not make any compensation if your account or account propertyreduced or lost due to the following reasons: computer failure, systeminstability, force majeure (such as server reasons) and other issues that arenot caused by Apowersoft.

7. Intellectual Property

7.1 Apowersoft is the owner of all intellectual property rights in Apowersoft Background Eraser. All the copyrights, trade marks, patents, trade secrets or other legitimate rights and interests in Apowersoft Background Eraser (including all related materials, supported components or constituent elements and Apowersoft Background Eraser as a whole), as well as all information (including texts, pictures, audios, videos, charts, interface design, framework, relevant data or electronic documents, etc.) related to Apowersoft Background Eraser are protected by the laws and regulations of the United States. Apowersoft enjoys the above-mentioned intellectual property rights and legitimate rights and interests, except for the rights that the relevant obligee should enjoy in accordance with the provisions of the law. You shall not in any way make commercial use of the Apowersoft Background Eraser (including all related materials, supported components or constituent elements and Apowersoft Background Eraser as a whole) without prior written consent.

7.2 Apowersoft Background Eraser may involve intellectual property rights of third party. If the third party has a requirement for you to use it in Apowersoft Background Eraser in accordance with this Agreement, Apowersoft will notify you in an appropriate manner and you shall comply with it.

Suspension, Termination and Modification

8.1Either party shall have the right on notice the other party to suspend orterminate this Agreement if:

8.1.1 The user shall suspend or terminate the service, including but not limited to non-renewal when expired;

8.1.1 The user are in breach of this Agreement, Apowersoft shall suspend or terminate the service;

8.1.2 It is at the request of the country or relevant department or in the event of force majeure, Apowersoft shall suspend or terminate the service;

8.1.3 There shall be suspension or termination according to other laws and regulations.

8.2After the suspension or termination of the service, Apowersoft has the rightbut not the obligation to ensure that you receive special notice. If you findthat you can no longer log in or enjoy the service, consult the customerservice.

8.3After Suspension or Termination

8.3.1Apowersoft shall not be liable to the user or any third party for thesuspension or termination of this service except for the liability under thelaw.

8.3.2For iOS system, fees deducted by App Store is nonrefundable; for otherplatforms, a user shall request a refund within 30 days without giving reasons.

8.4 You agree, that due to the particularity of Internet services, Apowersoft has the right to modify, change, pause or terminate some or all of the services, or to change, delete, and transfer the contents stored or published in Apowersoft Background Eraser by the user (collectively referred to as “change behaviour”). We reserve the right to take the aforesaid change behaviour without informing you, and you agree that service provided under any provisions of this Agreement shall be modified, paused or terminated without prior notice. In addition, you agree that no liability to you or any third party is required for any loss caused by the change.

Notice

Allnotices under this Agreement will be sent to users by webpage announcement,direct messages, in-app message push, email, text messages, and the like. Anynotices given as aforesaid shall be deemed to have been given on the date ofsuch delivery.

You shall make sure that all the contact information are correct and valid so that you can receive notices. If there shall be a change in your contact information, you need to log in to Apowersoft Background Eraser and modify it. If you provide an incorrect contact information or update your contact information without informing Apowersoft on time, resulting in a failure to receive notices timely, then you shall bear losses and legal consequences.

Apowersoftshall deliver all kinds of notices to you by one or several of the above means,and the contents of such notices may have a significant (good or bad) influenceon you. Therefore, please make sure that the contact information is valid, andpay close attention to the corresponding notice.

10. Miscellaneous

10.1Effectiveness

When youuse this service, you shall be deemed to have read and agreed to be bound bythis Agreement.

10.2Dispute Resolution

If thereshall be any dispute between you and Apowersoft, you should settle it throughfriendly consultation at first; if the negotiation fails, you agree to submitthe dispute to the people’s court where Apowersoft resides.

10.3Headings

Theheadings used in this Agreement are for reference purposes only and do notconstitute substantive matter to be considered in construing the terms of thisAgreement.

10.4Validity and Enforceablility

Theterms of this agreement shall be partially invalid or unenforceable for anyreason, and the remaining terms shall be valid and binding on both parties.

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