Terms Of Service
Terms of Service
Effective Date: August 30th, 2022
This Terms of Service (“this Terms”) is entered into by and between you and Pixelance
(hereinafter referred to as “Pixelance”, “Us”, “We” or “Our”), regarding your use of our
applications, sites and related services (the “Service”). Your use of the Service is also
content about the restrictions on the users’ rights, dispute resolution, exemption from or
limitations on our liability, and those in bold font and/or BLOCK CAPITAL.
PLEASE NOTE, IF YOU CONTINUE USING OR ACCESSING THE SERVICE, YOU WILL
BE DEEMED THAT YOU HAVE FULLY UNDERSTOOD AND ACCEPTED, AND IS WILLING
TO COMPLY WITH ALL THE FOLLOWING CLAUSES, AND THIS TERMS SHALL
BECOME EFFECTIVE BETWEEN YOU AND US. IF YOU DISAGREE WITH THIS TERMS
IN WHOLE OR PART, YOU SHALL IMMEDIATELY STOP USING THE SERVICES.
policies from time to time by posting the revised terms on our website, application and other
platforms. If you disagree with the revised terms in whole or in part, you have the right to
stop the services agreed herein; if you continue using the services, you will be deemed to
have fully read, understood and accepted the revised Terms.
If you are under the age of legal majority in your jurisdiction, you SHALL NOT use or access
our services unless your parent or legal guardian consents to this Terms.
1.1 Although you are not required to create a user account to use the Service, we may
internally assign you an ID to provide you with continuous service, and you will not be
identified from such ID.
1.2 You may be required to provide the minimum information needed to realize the basic
functions of the Service, such as operating system, unique device identifier, login IP address,
software version, connection method and type of network, device accelerator (such as
gravity sensing device), operation log and album access permissions. For more details about
fail to maintain accurate, complete, and up-to-date information, you may unable to use partial
1.3 You shall be responsible for all activities that occur through your ID whether or not
authorized by you, including without limitation any purchases. If you become aware of any
theft or unauthorized use of our applications on your device, you shall contact us
immediately to avoid any further losses.
1.4 If you sign this Terms on behalf of enterprise, you shall guarantee that you have obtained
full authorization from the enterprise and have the right to act on behalf of the enterprise, and
your actions are binding on the enterprise you represent.
policies. PLEASE NOTE that violation of any of the rules above, may result in suspension
and/or termination of the licenses under this Terms.
2.1 After you have been successfully startup our application, you can use those filters,
stickers, fonts, music and any other free materials provided by the application to edit photo
collages, video collages, poster, etc. To fulfill the same function, we need to access your
local albums or other local files on your device, and we will apply for permission before such
access. If you want to withdraw such permission, you can simply adjust the permission
status through “Settings” on your mobile phone.
2.2 You may share your editing photos or other contents through our application to social
media platforms, including but not limited to Instagram. If you choose to share such contents,
please make sure you have the necessary rights to do so and it will not infringe any third
party’s legitimate interests or violate any policies of the corresponding platforms, otherwise
you SHALL bear any responsibilities and liabilities arising out of it.
3.Use of Service
3.1 We grant you a worldwide, non-exclusive and non-transferable right to use the Services
in compliance with this Terms. You SHALL NOT use, copy, republish, download, modify,
distribute, license, sublicense, decompile, disassemble, create a derivative work based on,
or reverse engineer the application or other products, services, or processes accessible
through our website or applications except as otherwise expressly stated in this Terms.
3.2 We reserve all rights, including but not limited to all intellectual property rights and other
proprietary rights to and relating to the Service. You SHALL NOT copy, redistribute, publish,
create any derivative work from, or otherwise exploit any content of our applications without
our prior written consent.
3.3 We’re constantly developing new technologies and features to improve our services. If
we make material changes that negatively impact your use of our services or if we stop
offering a service, we’ll provide you with reasonable advance notice, but we WILL NOT
compensate you for any losses arising out of such changes or termination.
3.4 You are not allowed to use the Service to engage in criminal activities, otherwise you
shall bear the corresponding legal responsibility.
3.5 You may not upload viruses or malicious code or do anything that could disable,
overburden, or impair the proper working or appearance of our applications and/or websites.
3.6 If you think someone is infringing your intellectual property rights, you can send us notice
of the infringement and we’ll take appropriate action. For example, we may suspend or close
the services of repeat copyright infringers.
3.7 You SHALL NOT post feedback on Apple App Store or any social media platform in a
manner which is false or misleading.
3.8 You SHALL NOT use the Service in any way that may violate applicable laws, regulations
or policies of relevant jurisdictions.
4.Ownership and Intellectual Property Rights
4.1 All rights, titles and interests in and to the Service (including without limitation any logos,
application names, layouts, fonts, stickers, filters, musical compositions, audio-visual effects
and other materials) are owned by or legally licensed to Pixelance. Pixelance and the
corresponding right holders reserve all rights, including without limitation, all intellectual
property rights or other proprietary rights, in connection with the Service. You understand
and agree that you are only permitted to use the same content to the extent necessary to be
user of our applications.
4.2 You hereby acknowledge and agree that any comments and/or feedback you provide to
us, layouts and collage templates formed via our applications, shall be owned by Pixelance.
Pixelance reserves the right to use such contents for any purpose, including but not limited
to developing our applications, and Pixelance has no obligation to compensate or otherwise
pay you for such uses.
4.3 Provided that you are deemed to have retained any right to any contents associate with
your use of the Service, you hereby grant Pixelance the sole, exclusive, irrevocable,
sublicensable, transferable, worldwide, royalty-free license to copy, reproduce, modify, adapt,
create derivative works from, manufacture, commercialize, publish, distribute, sell, license,
sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to
electronically, broadcast, communicate to the public by telecommunication, display, perform,
enter into computer memory, and use and practice, in any form, your contents as well as all
modified and derivative works thereof in connection with our provision of the Service,
including without limitation developing and marketing of our applications.
4.4 You hereby grant Pixelance the right to authorize others to exercise any of the rights
granted to Pixelance under this Terms.
5.Fees and Payment
5.1 We DO NOT charge you for using our applications, unless you subscribe for member
services via Apple App Store. Also, we will get benefits from Google Admob by publishing
advertisements on the applications. For the rates of the service fees, please refer to the price
displayed on the applications or email to support@Collart.app.
5.2 PLEASE NOTE that any subscription transaction will be addressed by third-party
payment providers, like Apple App Store, instead of Pixelance. And therefore, you SHALL
carefully read and ensure that you agree to their Terms of Service and Privacy Policies
before making any payments through them.
5.3 Subscription auto-renews before the end of the current period, unless canceled 24-hours
in advance. You may manage your subscriptions and turned off auto-renewal from your
Apple App Store account settings. You may cancel the subscription at any time before the
end of the applicable billing period according to Apple App Store Terms of Service. You will
not receive a refund for the current billing period, except as otherwise provided in
corresponding Store’s policies.
5.4 In case of refund, as we mentioned above that any subscription transaction will be
addressed by third-party payment providers, as well as any refund arising out the
subscription transaction. Therefore, refund policies of third-party payment providers will be
applied under any refund circumstances. PLEASE NOTE that any applicable taxes and
service charges (if any) incurred by your subscription transaction and refund shall be borne
5.5 If you have any questions regarding your payment, you should either contact us or
contact the corresponding Store within 48 hours after the payment made.
5.6 PLEASE NOTE THAT, we reserve the right to request additional fees arising from any
damage caused by your use of the Service.
6.Limitation of Liability
6.1 To the extent permitted by applicable law, we shall not be liable for the following:
any losses that could not reasonably be expected to arise from our negligence or breach of
any losses relating to your business or any other third party’s business;
any costs, fees, expenses, losses, damages or liabilities suffered by anyone other than you
in connection with your use of the Service.
6.2 Provided that we are liable to you in connection with the Service, our liability will be
limited to an amount equal to the service fee you have paid for the corresponding service in
7.Updates to the Service
Pixelance reserves the right to update the Service from time to time, and to continue using
the Service, you may require to accept updates to the Service and to the games you have
installed on your device or computer. If you fail to update the Service, we may unable to
continue providing the Service to you.
8.1. Our applications and website may contain third-party website or platform links, and you
shall decide whether to access these links. We are not responsible for the accuracy,
completeness, adequacy and reliability of any information, data, opinions, pictures,
statements or suggestions made available on these websites. If you decide to visit any third party website linked to the Service, you shall be solely responsible for the possible results
and risks therefrom.
8.2. We may maintain and update the a from time to time, in which case you may unable to
use our services. We shall also not be liable for network service interruption or other defects
caused by force majeure or for any other reason not attributable to us.
8.3. If any provision of this Terms is held to be illegal, invalid or unenforceable under
applicable law, such provision thereof shall to that extent be deemed not to form part of
these Terms, and shall not affect the legality, validity and enforceability of other provisions.
8.4 You agree that we may assign or transfer this Terms in whole or in part to either a
subsidiary or affiliate of us, or a successor by merger or acquisition.
9.Governing Law and Jurisdiction
9.1 Except to the extent that: (i) any applicable additional terms incorporated into this Terms
provide differently, or (ii) the applicable laws and regulations of your jurisdiction mandate
otherwise (for instance, you may have statutory rights in your jurisdiction in relation to
bringing or defending claims in a local court (including small claims court (or similar court)),
this Terms and any dispute or claim arising out of or in connection with this Terms will be
governed by the law of China.
9.2 Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of,
relating to, or in connection with this Terms, including their existence, validity, interpretation,
performance, breach or termination, will be referred to and finally resolved by Shanghai
International Economic and Trade Arbitration Commission/ Shanghai International Arbitration
Center for arbitration. The seat of the arbitration will be Shanghai. The arbitration
proceedings will be conducted in Chinese.
If you have any questions about this Terms or the services we provide hereunder, please
contact us in the following way:
Email address: support@Collart.app
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT
EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. IN ADDITION, WE MAKE NO REPRESENTATION, WARRANTY, OR
GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR
AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED
THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE. WE DO NOT GUARANTEE THE QUALITY,
SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT
THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES IN CONNECTION
THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED
UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
WE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA,
PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH,
OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE
FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR
RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE
SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY
THIRD PARTY PROVIDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN
PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE
SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE
SERVICE FEE WE HAVE CHARGED FROM YOU FOR THE CORRESPONSING SERVICE.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT
LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED
UNDER APPLICABLE LAW.
YOU UNDERTAKE TO INDEMNIFY US AND OUR OFFICERS, DIRECTORS,
EMPLOYEES, CHAUFFEURS ON DEMAND AGAINST ALL CLAIMS, ACTIONS,
CHARGES, COSTS, EXPENSES, DEMANDS, DAMAGES, LIABILITIES, PROCEEDINGS
OR JUDGMENTS WHICH ARISING OUT OF OR IN CONNECTION WITH YOUR BREACH
OR VIOLATION OF THIS TERMS, OR YOUR INFRINGEMENT OF ANY THIRD PARTY’S