Usage Agreement

《Photo Search User Agreement》

Updated on: November 25, 2024

To better provide services to you, please carefully read the 《Photo Search User Agreement》 (hereinafter referred to as "this Agreement"). This Agreement is a legal contract between you (or "the user") and Shanghai HeSuoWei Information Technology Co., Ltd. (hereinafter, "the Company" or "we") and/or its affiliates, regarding the provision, acquisition, and use of the “Photo Search” product (hereinafter, "the Product" or “the App”) and related services.

Before using this service, please be sure to carefully read and fully understand the content of the present terms of service, as well as all rules and regulations posted within the product, especially clauses that exempt or limit liability, legal applicability, and dispute resolution, as well as any separate agreements and/or rules for specific services.

If you are not fully competent to enter into binding agreements due to age or mental capacity, please review and decide whether to agree to this Agreement under the supervision of a parent or legal guardian (hereinafter, "Guardian"), and pay particular attention to terms related to minors. When entering into or performing this Agreement, you must also comply with the laws of the country or region where you are located.

Your access to and use of the Product is conditioned on Your acceptance of and compliance with these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, then you may not be able to access the Product. These Terms and Conditions apply to all visitors, users and others who access or use the Product.

1、About the App’s Functionalities

The App provides users with photo search and cleaning features for personal non-commercial use. Users can quickly search for and locate photos and, if desired, select and delete specific photos. Note that before deleting any content, the App will request you to confirm such deletion, so that no content is erased by accident and to avoid later regrets.

Some features of the App work offline, so internet connection is not necessarily needed for such functionalities. This adds an additional layer of security while using the App. The Company reserves the right to update the features and/or functionalities of the App at any time.

2、Access and Use of the App

The App is available for iOS operated systems and devices.

To download and/or use the App, the User must be at least 14 years old or older and/or an adult according to the laws and regulations of your birth or residence country and/or state.

The download and/or access to the App is a paid service, and all features related to "photo search and cleaning" are available after download.

We do our best so that the App is available at all times for the User and to maintain a safe and error-free environment. However, we cannot guarantee that the App will be maintained without interruptions, delays, errors or omissions for external reasons beyond our reasonable control.

We do not specify that the App will be available worldwide. We may limit the availability of the App and/or of specific features or functionalities to Users from certain geographic locations at any time. Access to the App from an unauthorized location is entirely at the User’s own risk and responsibility.

3、Data Protection

The personal data collected for the provision of services offered by this application will be processed in accordance with the company's privacy policy.

Likewise, the User is informed that the appropriate technical and organizational measures have been adopted by the Company in order to guarantee the confidentiality, integrity, availability, and security of the personal data that is processed.

4、Updates

The Company is committed to ensure that the App is as useful and efficient as possible. For that reason, the Company reserves the right to make changes to the App and the Company may add, modify or eliminate features and/or functionalities at any time, for any reason, which are accepted by the User when installing the App. In any case, when making such changes, the User will be notified through the same App.

If a new version of the App is launched or if new features and/or functionalities are added, we may ask you to update the App on your electronic device. Likewise, we may show the User (and invite them to read) a new updated version of this Agreement before using the new version of the App. By using the new version of the App, the User clearly states they have read, understood and accepted the new terms of agreement shown.

5、User Commitments (Code of conduct)

By using the App, the User agrees to (including but not limited to):

Not to impersonate another individual on behalf of a third person (unless you have their express written permission);

Not to use the information in the App to carry out illegal, deceptive or fraudulent activities, or for illegal or unauthorized purposes;

Not to take any action that interferes or prevents the proper functioning and/or that may affect the availability, security and/or integrity of the App;

Not to insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of the App, especially its source code. Likewise, the User agrees to not reverse engineer the software to discover the App’s source code and/or to scrape or extract technical data from our App;

Not to use the App on behalf of third parties or use the App for commercial purposes;

Not to transfer the license granted to download, access and use the App and/or any of his/her rights or obligations under this Agreement without the express written consent of the Company;

Not to breach the Company’s intellectual property rights, this includes but is not limited to, using, modifying, creating derivative works of, transferring (by sale, resale, license, sublicense, download or otherwise), reproducing, distributing, displaying or disclosing any of the contents of this website, without prior written authorization from the Company;

Not to infringe on the intellectual property or other rights (trademarks, trade secrets, etc) of the Company or third parties;

Not to execute reverse engineer, decompile, disassemble or any other illicit practice, including circumvention, disable or otherwise interfere with security-related features of the App nor even is allowed to include the App into another third party service or website to make it available via framing or mirrors;

The Company makes no warranties regarding the User behavior and will not be held responsible in this regard. The User is individually and solely responsible for the damages caused to the Company and/or third parties because of his/her inappropriate behavior.

The Company reserves the right to block or eliminate access to the App to Users for the aforementioned actions as well as any other that are contrary to good faith or that harm the rights of third parties and/or that infringe the laws and regulations Applicable to the App and/or the Company.

The Company, in its sole discretion, may eliminate access to the App for a User at any time without stating the reasons behind its decision.

6、Payment

As mentioned above, users are required to pay to use this application, and the app can only be downloaded and used after payment has been made. The payment will be deducted from the debit or credit card linked to their Apple account. Please note that if the user changes settings in their Apple account, the notification fees may vary depending on the selected country, as each country has its own fee setting. In any case, a confirmation email with payment details will be sent to the customer. Additionally, the customer can check the charges on the invoice.

The company reserves the right to change the app’s cost, corresponding fees, and terms at any time based on business goals, strategies, and interests, without prior notice to users and/or customers.

The app's price may be updated from time to time and will take effect immediately upon being published on the app. Updated fees will not be applied retroactively, thus having no effect on customers who have already paid for their subscription plans before the update.

7、Refund Policy

Refund requests will be exclusively handled by Apple in accordance with its own rules and regulations. In the event that Apple does not approve the refund request made by the user, they acknowledge that the services provided by our Company are final and non-refundable. As such, no refund will be made by our Company for discontinuation of the use of the Product.

If users wish to discontinue a service and request a refund where Applicable, they must directly contact Apple Support.

Note that the responsibility for managing refund requests lies solely with Apple, as they are the only party authorized to approve or deny refunds and process those requests. Apple will be the ones who will establish the period of time in which the User will receive, if approved, the refund according to their own policies, so that the Company cannot assume any responsibility in this regard.

For further information regarding a refund request to Apple check the following link: https://support.Apple.com/en-

8、Intellectual Property Rights

The App itself and all the elements contained within this App, whether it be texts, articles, descriptions, trademarks, images, graphics, sounds, videos, brands, logos, copyright, database rights, interactive features or any other element, its structure and design, the selection and presentation of the content and elements included therein, and the software necessary for its operation, access and utilization are the property of the Company or the partners of the Company with whom we have submitted the corresponding licenses. All the elements of the present App are protected by intellectual property rights that must be respected by the User. This is made explicit via the copyright notice in the App’s website homepage.

The download and/or use of the App does not under any circumstance transfer the Company’s intellectual property rights to the User. The User is only granted access with a worldwide, limited, non-exclusive, non assignable, non-sublicensable, revocable license to access and use the App for his/her personal use. However, such a license does not give the User the right to and therefore should not attempt to:

Reproduce, copy, distribute, publicly communicate or display, transform, modify the App or our trademarks in any way or, in general, make use of any of the protected elements of this App for commercial purposes or not, without the Company’s prior written consent. You are not allowed to and therefore not attempt to extract the source code of the App. Any of the aforementioned actions are expressly and totally forbidden and will cause the termination of the license granted to the User.

Use of the features and functionalities offered by the App for other purposes other than those set out in this Agreement.

Insert and/or execute expressions, commands or codes that, directly or indirectly, interfere, manipulate and/or damage any element of this App, especially its source code.

Note that the Company reserves all intellectual property rights that are not expressly indicated in the Agreement and that correspond to us in accordance with the currently Applicable laws and regulations.

The Company reserves the right to take any and all necessary legal actions, including compensation for direct and indirect damages, at our disposal that will be considered appropriate for the best defense of our legitimate rights and interests, in the event of an infringement of our intellectual property rights.

9、Exemption of Liability

We do our best to ensure the availability and secure use of the App. However, the App`s download and/or usage may be temporarily interrupted due to maintenance tasks and/or updates to its features and/or functions. Additionally, we cannot guarantee that maintenance of the App will not be interrupted, delayed, or affected by errors or omissions due to factors beyond our control, such as damages caused by illegal intrusions by third parties. Therefore, the App is provided “as is,” without any warranties, either expressly or implied including but not limited to guarantees of fitness for a particular purpose; and, consequently, the download and/or use of the App is at the User`s own risk and responsibility.

Neither the Company nor its partners, suppliers, employees or representatives will consequently be liable for any error or omission on the App or if the content and information provided by the App is used by a User or a third party for unlawful purposes and/or to cause damage to third parties or to the Company’s reputation, rights or legitimate interests.

Similarly, the Company will not be liable in the event that：

Users under fourteen (14) years of age or under the required legal age according to the laws and regulations of their birth or residence country access the App. It is the responsibility of their parents and/or legal guardians to exercise adequate control over the mobile phone and/or activity or use of the Internet by their dependent children or minors.

The User has provided personal data of third parties without having their prior written consent to do so. If this circumstance takes place, the Company's responsibility will be limited to eliminating improperly received information and personal data from its information systems.

The User shares through the App content that is not of their ownership but belongs to third parties, protected by the corresponding intellectual property rights, and for which the User has not their authorization to use. They are the sole responsible for such infringement.

The User shares through the App content that is not of their ownership, or that include third parties personal data and/or information. They are the sole responsible for obtaining the consent of said third party/ies and for the disclosing of the above mentioned information.

The content that could be provided by third parties through our application, such as links which can redirect users to third parties websites or advertisements, are governed by the corresponding third parties privacy policies and terms of use. Taking this into consideration, Users take all responsibility to their own risk if they freely decide to use the Application. For further information regarding collaboration with third parties, we encourage you to consult their privacy policies.

The content uploaded to the App and subsequently shared cannot be used for commercial purposes. The user is solely responsible for the use of the content created using the App and for its use external to the App.

The User breaches his/her commitments and/or any other provision set out in this Agreement.

10、Withdrawal Right

By paying for and downloading the App, you acknowledge and accept that its content/services are made available to you immediately and, therefore, the withdrawal right that the applicable legislation recognizes to users (consumers) does not apply.

11、Severability

If any provision of this Agreement is held to be unenforceable or invalid in the event of a conflict with any laws or regulations and Apple policies that may be applicable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

12、Translation Interpretation

This Agreement may have been translated if We have made them available to you. You agree that the original Chinese text shall prevail in the case of a dispute.

13、Applicable law and jurisdiction

This Agreement and the relationship between you and the Company shall be governed by the laws of the People's Republic of China (for purposes of this Agreement, excluding the Hong Kong Special Administrative Region, the Macau Special Administrative Region, and Taiwan), excluding its conflicts of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within Xuhui District, Shanghai, to resolve any dispute or claim arising from this Agreement.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

The non-exercise by the Company of any right provided or derived from this Agreement shall not be construed, under any circumstances, as a waiver of said right, unless expressly and in writing renounced by the Company or by the legal prescription of the action, according to the current applicable law or regulation.