YouCam B2C Terms of Service

Perfect Corp. ("Perfect," "we" or "us") provides services related to AR and AI technology, which offers you with virtual try-on, photo/video editing, generative AI, as well as online community features. These YouCam B2C Terms of Service ("YouCam Terms" or "Terms of Service"), which will be updated from time to time, govern your use of the following mobile apps and services: YouCam Perfect, YouCam Makeup, YouCam AI Pro, YouCam Enhance, YouCam Video, YouCam Nails, YouCam Cut, YouCam Community, YouCam Online Editor (collectively known as the "Service(s)"). All references to "you" or "your," as applicable, mean the person who has access to the Services in any manner.

1. Description of Service

1.1 Unless explicitly stated otherwise, any use of the Service shall be subject to these YouCam Terms. You understand and agree that the Service are provided AS-IS, WITH ALL FAULTS and that, to the fullest extent permitted by law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information, contents, communications or personalization settings.

1.2 We may modify the Services from time to time as we expand our scope of services, and these YouCam Terms will govern those updates or new features on the Services when added. You may be accessing our Services from a smart mobile device or a computer, and these YouCam Terms will govern your use of our Services and your conduct, regardless of the means of access to the Service.

1.3 YOU UNDERSTAND THAT BY USING THIS SERVICE, REGISTERING AN ACCOUNT, OR CONTINUING TO USE THE SERVICE, INCLUDING ALL COMMUNICATIONS, SUBMITTING/SUBSCRIBING CONTENT, INFORMATION, PRODUCTS OR SERVICES AVAILABLE THEREIN, YOU AGREE TO OUR PRIVACY POLICY AND THAT YOU HAVE READ IT AND AGREED, AND WOULD LIKE TO PROCEED. YOU MAY UN-CHECK IT IF YOU DO NOT AGREE.

2. Account Registration and Eligibility

2.1 You may use our Services with or without an account. However, certain features may require you to establish an account and/or to register for the Services ("Account").

2.1.1 Account registration directly with Perfect. You are responsible for providing accurate, current and complete information for your Account. In any event you have made changes to your account information, you are advised to notify us on such change so as to allow us to update your profile information. You may never use another person's account without permission.

2.1.2 Account registration via a third party. You may register your Account by using a valid third-party account. The available third-party account options will be displayed on the registration page. By using the third-party account to register your Account, you are allowing Perfect to access your third-party account information as permitted under the applicable terms of services that govern your use of such third-party account.

2.2 General age limitation. Our Services are not intended for or directed at children. You must be at least of legal age in your country. If you are not of legal age, you may not access or use the Services. If you are under 13, you may use this Services only with involvement of a parent or guardian. Perfect and its affiliates reserve the right to refuse Service, terminate accounts, remove or edit content in their sole discretion.

2.3 Account maintenance. It is your responsibility to create a strong password; keep the password confidential and change the password if you believe it has been revealed to a third party. You are solely responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify Perfect immediately of any unauthorized use of your Account or any other breach of security or at most within (24) twenty-four hours of such use being known to you. In the event that your username or password is lost or stolen, please notify Perfect immediately so that a new username or password can be created.

2.4 Opt-out right. You will be given an option on whether you want to receive promotional email, from us. You can also opt out from receiving interest-based advertising from us by making the necessary settings/adjustment on our opt-out page.

2.5 Inactive account deletion. To maintain security, limit data retention, and protect the privacy of our users, your Account and content associated with the same account will be deleted from our server after two (2) years of inactivity. Inactivity means you last login date is more than two (2) years.

2.6 Account suspension/termination. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of Services (or any portion thereof). Although Perfect will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Perfect or others due to such unauthorized use.

3. Content

Certain types of content are made available through the Service:

3.1 "Perfect Content" as used in these YouCam Terms means, collectively, the text, data, graphics, images, photos, video files, and other content and information made available through the Services, excluding User Submissions.

3.2 "ShutterStock Content" as used in these YouCam Terms means the content licensed from ShutterStock and accessible via our Service. Refer to Section 5.1 for more details with respect to ShutterStock Content.

3.3 "User Submissions" as used in these YouCam Terms means, collectively, the text, data, graphics, images, photos, audio, video and other content and information which users of Service share, send, post, upload and otherwise submit to Perfect through the Service, including without limitation in user created profile pages. Refer to Section 11.2 for more details with respect to your submissions. We do not claim any ownership of the content you submitted when using our Service. Please note that by submitting or posting your content on our Service which is accessible by other users of this Service, you consent to share such content and grant us a worldwide, royalty-free, non-exclusive, perpetual, unrestricted, irrevocable and sub licensable right and license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, display, re-use, and redistribute such Content in any form, format or media for all purposes including but not limited to commercial use and purposes.

3.4 PERFECT RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY PERFECT CONTENT OR USER SUBMISSIONS FROM THE SERVICE.

4. Your Obligations in Using the Service

4.1 The Service may be used and accessed for lawful purposes only. You agree to abide by all applicable laws and regulations in connection with your use of the Service. In addition, without limitation, you agree that you will not do, directly or indirectly, any of the following while using or accessing the Service:

(a) Circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Perfect Content or that enforce limitations on use of the Service or the Perfect Content therein;
(b) Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes" or any other form of solicitation;
(c) Use any portion of the Service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages;
(d) Forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Service to send altered, deceptive, false or misleading source-identifying information;
(e) Upload, post, email, or otherwise transmit, via the Service, any User Submissions that are unlawful, deceptive, obscene, abusing, inciting of unlawful action, harmful, threatening, harassing, defamatory, libelous, vulgar, violent or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), constitute hate speech, or are otherwise objectionable in the opinion of Perfect;
(f) Upload, post, email, or otherwise transmit any User Submissions that contain software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy or limit the functionality of any computer software; or (ii) interfere with the access of any Services users, host or network, including without limitation sending a virus, overloading, flooding, spamming or mail-bombing the Service;
(g) Use any unauthorized means to modify or reroute, or attempt to modify or reroute, any of the Service; interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Service, servers or networks connected to the Service or the technical delivery systems of Perfect's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(h) Attempt to probe, scan or test the vulnerability of the Service or any Perfect system or network or breach or impair or circumvent any security or authentication measures protecting the Service;
(i) Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service, or attempt to do any of the foregoing;
(j) Collect or store personal data about other Users without their express permission;
(k) Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud or harmful or potentially harmful deception;
(l) Use the Service in any manner not permitted by this Terms of Service;
(m) Encourage or instruct any other individual to do any of the foregoing or to violate any term of these Terms of Service;
(n) Harm or attempt to harm minors in any way;
(o) Stalk or otherwise harass another, or attempt to do the same;
(p) Use the Service in a way that harms, or could reasonably be expected to harm, us or our affiliates, resellers, distributors, and/or vendors (collectively, the "Perfect parties"), or any customer of or supplier to a Perfect party;
(q) Resell or redistribute the Service, or any part of the Service;
(r) Use automated devices, manual processes, or scripts to copy or "scrape" Perfect Content for any purpose without Perfect's express written permission;
(s) Replicate the functionality of the Service or to create any effect similar to the effects by any means or to create any competing or potentially competing product or technology; or
(t) Use the Service (directly or indirectly) to create datasets to train neural networks or create templates for third party photo editing services.

4.2 You acknowledge that we generally do not pre-screen any User Submissions you make except for certain functions, but that we shall have the right (but not the obligation) in our sole discretion, to remove any User Submissions and/or rescind or terminate your use of the Service.

4.3 You acknowledge and agree that we may preserve information and may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the YouCam Terms; (iii) respond to claims that any information violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Perfect, its users, customers, suppliers, attendees and/or the public.

4.4 You understand that the technical processing and transmission of the Service and the User Submissions, including your personal information, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks, services or devices.

5. Supplemental Terms of Services For Use of Our Services

Certain features of our Services are further governed by one or more additional terms of services, conditions and/or licenses ("Supplemental Terms"). Any conflict between the YouCam Terms and the Supplemental Terms, the Supplemental Terms shall govern in relation to the feature of the Service.

5.1 Use of ShutterStock Content. Subject to your compliance with the following provisions, you are authorized to use ShutterStock Content through the Service, or any part thereof, solely as incorporated into digital products created by you using the Service.

5.1.1 You shall not use any ShutterStock Content:

(a) except solely as incorporated into the products created using the Service or otherwise download any ShutterStock Content in its original, unaltered form outside the Service;
(b) together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party's trademark or intellectual property rights;
(c) portraying any person depicted therein ("Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; b) in connection with the advertisement or promotion of tobacco products; c) as endorsing a political party, candidate, elected official, or opinion; d) as suffering from, or medicating for, a physical or mental ailment; or e) engaging in immoral or criminal activities; or
(d) as a trademark, service mark, or logo.

5.1.2 You shall not use any ShutterStock Content that is Music:

(a) as a musical theme in connection with any products created and distributed using the Service;
(b) in an audio-only capacity in which Music is the primary content with any products created and distributed using the Service;
(c) in an international television advertising campaign by or on behalf of an entity with annual revenues of more than One Billion Dollars ($1,000,000,000);
(d) remixed or otherwise materially altered, except that end users may engage in basic editing (e.g., setting start/stop points, determining fade-in/fade-out points, changing volume and pitch, etc.); or
(e) in a downloadable form available through the internet or otherwise including making it available via FTP, IRC, peer-to-peer file sharing services or the like.

5.1.3 You shall not do the following:

(a) download or otherwise access the raw ShutterStock Content data files outside of the Service;
(b) interfere with or disrupt ShutterStock services or servers or networks connected to ShutterStock services, or disobey any requirements, procedures, policies or regulations of networks connected to ShutterStock services;
(c) place, nor cause, enable or permit a third party to place, advertisements or other materials that overlay, obscure or misattribute the ShutterStock Content;
(d) use ShutterStock Content and/or Services for any illegal or unauthorized purpose;
(e) circumvent or modify any passwords and/or other credentials issued by ShutterStock or other security mechanisms employed by ShutterStock or ShutterStock's API, including without limitation any authentication technologies;
(f) enable any other person to personally identify any user of the Service except with the user's express consent;
(g) falsify, modify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material (including ShutterStock Content);
(h) provide content with, in or in connection with the use of the Service that falsely expresses or implies that such content is sponsored or endorsed by ShutterStock;
(i) upload, post, email or transmit or otherwise make available with, in or in connection with the use of the Service, any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party, unless you (or the user posting the content) are the owner of the content or have the permission of the owner to post such content; or
(j) transmit any viruses, malware, worms, defects, Trojan horses, or any items of a destructive nature.

5.1.4 Nothing shall be deemed to transfer the copyright to any ShutterStock Content to you. ShutterStock and/or the various artists who provide ShutterStock Content to ShutterStock own all rights, including the copyrights in and to the ShutterStock Content, and reserve all rights in and to the ShutterStock Content not expressly granted. Neither ShutterStock nor Perfect shall be liable for any damages, costs or losses arising as a result of modifications made to the ShutterStock Content or due to the context in which the ShutterStock Content is used by you. Indemnification against any claim arising from or related to your use of ShutterStock Content shall be subject to the warranties and representations expressly made by ShutterStock. Perfect does not provide any warranty or representation to the ShutterStock Content and disclaims all liabilities to the maximum extent allowed by law.

5.2 Use of Template Sharing. Please carefully read the following terms before you upload the template:

5.2.1 Third Party Content Downloaded From the Service. All third party contents downloaded from the Service ("Licensed Third Party Content(s)") are licensed by legitimate right holders or authorized licensors. You may use the Licensed Third Party Content in your template and share your template to other users within the Service. Please also read Section 5.1 for certain usage restrictions of the ShutterStock Content.

5.2.2 Third Party Content Acquired Elsewhere. With respect to the third party contents acquired from other resources than the Service ("Other Third Party Content(s)"), you promise that you have all necessary licenses, permissions and/or rights to use such Other Third Party Content in your template, and such Other Third Party Content does not infringe anyone's rights or violate any laws. Perfect is not responsible for the Other Third Party Content in any way.

5.2.3 Restrictions to Inappropriate Content. You promise that your template does not include or imply any inappropriate content which is unlawful, deceptive, obscene, abusing, inciting of unlawful action, harmful, threatening, harassing, defamatory, libelous, vulgar, violent or hateful. You also promise that your template does not contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography, erotica, child pornography or child erotica), constitute hate speech, or is otherwise objectionable in the opinion of Perfect.

5.2.4 PERFECT RESERVES THE RIGHT TO DELETE ANY TEMPLATE THAT IS DEEMED TO VIOLATE THE TERMS OF SERVICE WITHOUT PRIOR NOTICE TO USERS.

5.3 Stable Diffusion License. For our Service incorporated with Stable Diffusion models, the following user restrictions apply (for more details of Stable Diffusion License terms, please see: https://huggingface.co/spaces/CompVis/stable-diffusion-license).

5.3.1 You agree not to use our Service:

(a) in any way that violates any applicable national, federal, state, local or international law or regulation;
(b) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way;
(c) to generate or disseminate verifiably false information and/or content with the purpose of harming others;
(d) to generate or disseminate personal identifiable information that can be used to harm an individual;
(e) to defame, disparage or otherwise harass others;
(f) for fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
(g) for any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
(h) to exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
(i) for any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
(j) to provide medical advice and medical results interpretation;
(k) to generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

5.4 Use of Generative AI feature ("Generative AI"). Terms in this section apply to your use of Generative AI. By using Generative AI, you expressly consent to Perfect's collection and use of your biometric information as defined in our Privacy Policy.

5.4.1 Your User Submission rights. You agree to be solely responsible for the User Submission you uploaded to Generative AI. You acknowledge that you have obtained a consent, license and/or authorization for using User Submission in Generative AI.

5.4.2 Reviewing the input. Perfect will automatically moderate certain input prompts to identify and prevent prompts that might generate inappropriate content.

5.4.3 Perfect's use and retention of User Submission and Outputted Content. Perfect may use User Submission and the content generated from User Submission by Generative AI ("Outputted Content") to improve your experience with Generative AI. Your User Submission will be permanently deleted from our server within seven (7) days after your use of Generative AI. The Outputted Content associated with an Account will be kept on our server for as long as the Account remains active; the Outputted Content without being associated with an Account will be kept on our server for one (1) year after it's being generated.

5.4.4 Your use of Outputted Content. Your use of Outputted Content is also subject to section 4. You agree and accept that any use of the Outputted Content is at your own risk. You will not use Outputted Content or Generative AI in any way that may violate laws, regulations, Perfect's Terms of Service and Privacy Policy, anyone's intellectual property (including but not limit to patent, trademark, copyright, trade secret, and other proprietary rights), privacy, publicity or other rights. You will not use Generative AI in any way which may lead to unlawful, harmful or not-safe-for-work (“NSFW”) Outputted Content. Subject to the terms of purchase options you select under this Terms of Service, you may use Outputted Content commercially if you are in compliance with above.

5.4.5 NSFW Prohibition. Generative AI is not intended to generate NSFW content. It is strictly prohibited for you to use Generative AI to generate or attempt to generate NSFW content by uploading and/or inputting explicit or improper User Submission. In any event the Outputted Content contains NSFW content which is generated as a result of your improper use of Generative AI, Perfect has the right to suspend or terminate your Account or the Service.

5.4.6 Malicious deep fake prohibition. When it comes to deep fake technology, it is strictly prohibited that you use the Outputted Content in a malicious and/or offensive way. You shall not use the Outputted Content in any way that might lead to portrait right infringement, defamation, violation of privacy, appropriation of personality, criminal code, and so on. You shall bear the full responsibility that occurs or may occur as a result of your misuse of the Outputted Content.

5.4.7 Change of your device. The Outputted Content retained in our server is associated with your in-app purchase order made via the device you use to generate the Outputted Content. Please note you might not be able to access the same Outputted Content from our server via another device due to certain technical issues. In such event, you may contact us via appsupport@perfectcorp.com for retrieval of the Outputted Content by providing the corresponding certificate or invoice of your in-app purchase order to our app support team, provided that the Outputted Content is still kept on our server within the retention period. Please note it is not guaranteed that we will always be able to retrieve your Outputted Content as requested.

5.4.8 No guarantee of performance. Due to the nature of AI technologies and the quality of your User Submission, the Outputted Content generated by Generative AI may vary from time to time. There is no guarantee that the Outputted Content is satisfying. It is possible that the Outputted Content might be inaccurate, offensive, harmful or otherwise inappropriate. You understand and agree that by using Generative AI, you may be exposed to such content, and that you will not save, share (including on social media), use, distribute, display, or otherwise make available any content that is in violation of laws.

5.4.9 Disclaimer and warranties. Perfect does not make any representations or warranties that the Outputted Content is accurate, reliable, correct or fit for any particular purposes. Perfect has no liability related to or arising from your use of Generative AI or Outputted Content. Perfect provides no warranties that you will be able to claim copyright ownership of any Outputted Content or that the Outputted Content will not infringe any third party's intellectual property rights.

5.5 Use of API feature ("API"). Terms in this section apply to your use of API. By using API, you expressly consent to Perfect's collection and use of your biometric information as defined in our Privacy Policy. It is expressly agreed between the parties that the integration of API will be carried out by you under your sole responsibility.

5.5.1 Your obligation while using API. Perfect will provide you with API keys for the purpose of accessing API. It is your own responsibility to maintain security of the API keys. You shall be fully responsible for the use of every single API key associated with your Account. Perfect reserves the right to pursue legal actions against you or suspend your access to API when your use of API causes damage to Perfect or violates these YouCam Terms and Supplemental Terms. If your Account has been suspended, please contact our customer services: YouCamOnlineEditor_API@perfectcorp.com.

5.5.2 No guarantee of service up time and computation. Perfect does not offer any guarantee of the level of service for API. However, Perfect makes its best efforts to maintain 24/7 access to API except in the event of system maintenance or force majeure. Perfect also does not guarantee the time for API to deliver computation result, it may be affected by the number of requests received or the speed and stability of network connection.

5.5.3 No guarantee of service in certain area. You may not be able to access API in certain geographic area due to local government’s restrictions.

5.5.4 Consent collection. Certain features of our Services may identify facial geometry in the photo upload in order to perform the function. Therefore, you shall be responsible for collecting consents from any person in the photo to agree Perfect to process the photo for them.

5.5.5 Disclaimer and No Warranties. The API is provided AS IS. Perfect makes no warranty, express, implied or statutory, including without limitation, any implied warranty of merchantability or fitness for a particular purpose and shall not be liable for any direct indirect, special, incidental or consequential damage, whether based on contract or tort or any other legal theory, arising out of any use of API.

6. Purchase and Payment

6.1 When purchasing via our mobile app. Our mobile app acts as a gateway for you to purchase or subscribe online. Transactions that are initiated from our mobile app are actually completed on Apple App Store, Google Play, Microsoft Store or any other mobile application stores (collectively known as "Mobile App Stores"). In order to complete a purchase transaction, Mobile App Stores must collect personal information from you, including your credit card number. If you are interested in purchasing our Service through the Mobile App Stores, please review related terms of respective stores. In case of any dispute or refund request arising from the transaction made through the Mobile App Stores, please contact the Mobile App Stores directly.

6.2 When purchasing via our website.

6.2.1 Perfect does not sell Service for minors. You agree and acknowledge that the Service is provided to adults only and you must be above the legal age in your country/jurisdiction. If you are under the legal age according to the applicable laws, you should not use, access, purchase, or subscribe the Service unless you possess legal parental or guardian consent in advance. Perfect and its affiliates reserve the right to refuse Service, terminate Accounts, remove or edit content, or cancel orders in its sole discretion.

6.2.2 Under the YouCam Terms, the credit card payment processing services and fulfillment of Service purchased are provided by authorized shopping cart vendors, such as Verifone. You may find further details relating to how your information is protected, stores, and use on the website of the authorized shopping cart vendors and be subject to their terms of services.

7. Subscription

We offer subscription plans for our Services based on a per Account basis.

7.1 Free trial. We may offer our new user a free trial as part of a chosen subscription plan to experience our Service. You will not be charged the applicable fee during your free trial. Upon or prior to the expiry of the free trial period, you may either cancel your subscription before the free trial ends, or you may continue using the Service at its normal price, and we will begin to charge you accordingly. YOU ARE ONLY PERMITTED ONE (1) FREE TRIAL. If your subscription is ever terminated for any reason, and you purchase another subscription, you shall not be eligible for a free trial on any subsequent subscriptions.

7.2 Credit-base service. For certain features of our Service, the features will be charged by the credits in your Account. The credits given by Perfect to you will last in your Account so long as you maintain the subscription plan, and the credits given by Perfect may be used for commercial purposes and will (i) stack up for 60 days; or (ii) reset with new credits given by Perfect every month, depending on the plan you subscribe. The credits given by Perfect may vary from the subscription plan you choose. Please note, the credits are used in a consumptive way. Therefore, if you have consumed the credits in exchange for certain services, the consumed credits cannot be restored in anyway.

7.3 Renewal. If you signed up for an auto-renewal of the subscription, you acknowledge that you are signing up to an auto-renewing subscription upon expiration of each cycle of your choice of subscription on your first use our Service, and you agree to pay the then-current applicable fee associated with the subscription of your choice.

7.4 Refund policy. For refund of the purchase made via our mobile app, please follow the rules provided by the Mobile App Stores. For the purchase made via our website, in general, no refunds will be given for incorrect choice or change of mind unless at the sole discretion of Perfect. If you are entitled to a refund at law or Perfect elects to provide a refund, the payment will be processed according to the below terms:

7.4.1 If the subscription fee was paid via credit card or wire transfer, then refund of such fee minus restocking fee, administrative fee and taxes ("Refund") can only be processed back to you to that same credit card from which the payment originated.

7.4.2 For refund of the credit-base subscription, the following rules apply:
- (a) Refund requested WITHIN 7 days after purchase:
  Refunds will be processed on a pro rata basis, with applicable transaction fees deducted.
7.4.3 Please allow the office up to sixty (60) days to confirm your payment and issue the Refund. You may find further details relating to the refund policy by our shopping vendor, please see Verifone's refund policy.

7.5 Upgrade of your subscription. For upgrade options of our mobile app, please follow the rules provided by the Mobile App Stores. For the purchase made via our website, you can upgrade your subscription plan if your current plan is eligible. You'll need to follow the upgrade process and make the necessary upgrade charges. See examples below for an upgrade of plan.

Example 1: A user purchased a monthly plan ($9.99) on March 1, 2023 and would like to upgrade to a yearly plan ($69.99) on March 15, 2023.

Item / Description

A Full price of a yearly plan

B Residual value of the user's monthly plan (i.e. the unused 0.5 month values $4.995)

Amount due for current upgrade (=A-B)*

* The next renewal date is March 15, 2024, and the user would be charged at the full price, i.e. $69.99.

Fee

$69.99

$4.995

$64.995

Example 2: A user purchased a monthly subscription 100 credits plan ($9.99) on September 1, 2023, and would like to upgrade to a monthly subscription 200 credits plan ($14.99) on September 15, 2023.

Item / Description

A Full price of a monthly subscription 200 credits plan

B Full price of a monthly subscription 100 credits plan (already paid by the user on September 1, 2023)

Amount due for current upgrade (=A-B)*

Fee

$14.99

$9.99

$5.00

* The user would receive 100 credits upon upgrade (i.e. the difference of credits between two plans). The next renewal date is October 15, 2023, and the user would be charged at the full price, i.e. $14.99.

8. "Pay as you go" Credits

In addition to the credits provided via our subscription plans, we also offer purchase options for "pay as you go" credits. Terms in this section apply to your use of "pay as you go" credits.

8.1 Pricing. You may find the pricing details on the purchase page of our Service.

8.2 Sign in requirements.

8.2.1 For web services. It is mandatory for you to sign in prior to making your purchase of credits.

8.2.2 For mobile apps. You may choose to purchase credits with or without signing in. However, please note that without signing in, you can only use the credits on the same device you used to purchase the credits; after signing in, you can then use credits across different devices.

8.3 Non-refundable. All transactions for the purchase of "pay as you go" credits are considered final and non-refundable unless otherwise stated explicitly.

8.4 Expiry. ” Pay as you go” credits for web services will expire after one year since the date you purchase it, and “Pay as you go” credits for mobile apps will expire after two years since the date you purchase it.. You may find the expiry date of credits displayed on the profile page of our Service.

8.5 Free Credits: Perfect may grant you a certain number of free credits when you register with the Service or due to any promotional events launched by Perfect from time to time. The use of free credits shall be subject to the terms under Section 8.

8.6 Limitations. Under the purchase option of “Pay as you go” credits for web services, the Outputted Content generated from the service of YouCam Online Editor shall not be used commercially; unless otherwise you apply for or have already applied for the subscription plan specified in Section 7.

9. Termination; Cancellation

9.1 We may change the Service, or any portion thereof, or delete features at any time and for any reason without notice. We, in our sole discretion and for our sole convenience, may immediately terminate or suspend your access to the Service and remove any material (including User Submissions) from the Service or our servers, in the event that you breach or threaten to breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. To the fullest extent permitted by Law, Perfect is not liable to you or any third party for termination of the Service or termination of your access to or use of the Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION AND CONTENT (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED IN CONNECTION WITH THE SERVICES OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, once the Service is cancelled or suspended, any data you have stored in connection with the Service may not be retrieved later. Perfect will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.

9.2 Any suspension, termination or cancellation will not affect your obligations to Perfect under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

10. Third Party Services and Links

10.1 When you use the Service, you may have access to services provided by third-party service providers. For example, you may play YouTube video via our Apps, or use the search function powered by Microsoft Bing. These third-party service providers have separate and independent privacy policies and/or terms of service shown below:

(a) YouTube API Services Terms of Service (https://developers.google.com/youtube/terms/api-services-terms-of-service)
(b) Google Privacy Policy (https://policies.google.com/privacy)
(c) Microsoft Privacy Statement (https://privacy.microsoft.com/en-us/privacystatement)

10.2 In addition, the Service may contain links to third party websites that are not owned or controlled by Perfect. Perfect has no control over, and you agree that Perfect assumes no responsibility for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the content, advertising, products, privacy policies, or practices of any third party websites. In addition, Perfect will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Perfect from any and all liability arising from your use of any third-party website. You further acknowledge and agree that Perfect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party site or resource.

11. Intellectual Property Rights and Ownership

11.1 Content. You may access and use the Service, Perfect Content and User Submissions for your own personal use. Perfect and its licensors own all rights, title and interest, including all worldwide intellectual property rights in the Service, Perfect Content and the trademarks, service marks and logos contained therein. Perfect reserves all rights not expressly granted in and to the Service and Perfect Content. You agree not to engage in the use, copying, distribution or modification of any of the Perfect Content other than as expressly permitted herein, including any use, copying, distribution or modification of User Submissions of third parties obtained through the Service for any commercial purposes.

11.2 User Submissions

11.2.1 License Grant. Perfect does not claim ownership rights in your User Submissions. However, by uploading, posting, emailing or otherwise transmitting any User Submission to Perfect, you hereby expressly grant Perfect a non-exclusive, worldwide, royalty-free, sub-licensable, transferable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on third party websites for all purposes including but not limiting to commercial use and purposes. Perfect will own all rights, title and interests in and to all derivative works and compilations of User Submissions that are created by or for Perfect, including all worldwide intellectual property rights therein. You expressly agree that Perfect shall have no obligation to pay any fees or royalties for the use of the User Submission or for any other rights granted hereunder.

11.2.2 Limitations. You acknowledge and agree that Perfect may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on the Service, the maximum size of any files that may be stored on or uploaded to the Service, and the maximum disk space that will be allotted to you for the storage of User Submissions on Perfect's servers. Perfect will have no responsibility or liability for, and you are solely responsible for creating back-ups of, your User Submissions.

11.2.3 Disclaimer. Perfect has no ability to control the User Submissions that are uploaded, posted, emailed or otherwise transmitted using Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written or otherwise communicated by users, including without limitation any information obtained by using the Service. Perfect does not endorse any User Submission or any statement, opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Perfect with respect thereto.

11.2.4 Copyright and other infringements. If you believe that any User Submission or other content infringes upon your rights, you may submit a notification e-mail to copyright@perfectcorp.com

12. Disclaimer of Warranties

12.1 YOUR USE OF THE SERVICES, PERFECT CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE, PERFECT CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS AND SERVICE INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PERFECT, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE, PERFECT CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. PERFECT DISCLAIMS ANY WARRANTIES:

12.1.1 REGARDING THE SECURITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICE, PERFECT CONTENT OR USER SUBMISSIONS OR ANY PORTION THEREOF;

12.1.2 THAT THE SERVICE, PERFECT CONTENT AND USER SUBMISSIONS WILL BE FREE OF ERRORS, MISTAKES, OR INACCURACIES OR THAT ANY ERRORS, MISTAKES, OR INACCURACIES WILL BE CORRECTED.; OR

12.1.3 IN CONNECTION WITH OR RESULTING FROM :

(a) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, PERFECT CONTENT, OR USER SUBMISSIONS OR ANY PORTION THEREOF;
(b) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
(c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE;
(d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; OR
(e) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS) OR FOR ANY LOSS OR DAMAGE OF ANY CHARACTER OR KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PERFECT, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

13. Indemnification

13.1 You agree to defend, indemnify and hold harmless Perfect (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Services therein; (b) your violation of any term of these Terms of Service; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party.

13.2 This indemnification obligation will survive the termination of these Terms of Service and your misuse of the Services herein.

14. Limitation of Liability

14.1 IN NO EVENT SHALL PERFECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

(a) YOUR ACCESS TO OR USE OF SERVICE OR ANY PORTION THEREOF,
(b) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT (INCLUDING WITHOUT LIMITATION USER SUBMISSIONS),
(c) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE,
(d) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(e) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE,
(f) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR,
(g) ANY ERRORS OR OMISSIONS OR INADVERTENT DAMAGE, CORRUPTION OR LOST IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR ACCESS TO OR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PERFECT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR YOUR OR OTHER USER SUBMISSIONS OR THE DEFAMATORY, LIBELOUS, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN CASE PERFECT IS FOUND LIABLE BY A FINAL JUDGEMENT, DAMAGES ARE LIMITED TO THE MONTHLY REGISTRATION FEES FOR THE RELEVANT SERVICE(S) OR TO THE AVERAGE MONTHLY FEES FOR THE MOST SIMILAR SERVICE IN CASE OF A FREE SERVICE USER’S CLAIM.

14.2 You agree to defend, indemnify, and hold Perfect, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’ fees and costs, arising out of or in any way connected with (i) your access to or use of the Service, Perfect Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing. This defense and indemnification obligation will survive these Terms of Service, your use of the Service, and any termination of your Account.

15. Special Admonitions for International Use

15.1 The Service is owned, controlled and offered by Perfect in Taiwan. We make no representations that the Service is appropriate or available for use in other locations.

15.2 Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

15.3 Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

16. Modification of the Terms of Service

16.1 Perfect reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Service, or modify these Terms of Service without notice. All modified Terms of Services will be effective immediately after they are posted on the Service (unless a longer notice period is required by applicable law).

16.2 If any modified Terms of Services are not acceptable to you, your sole remedy is to cease using Service, and if applicable, cancel your Account. By continuing to access or use Service after Perfect makes any such modification, you agree to be bound by the revised Terms of Service.

16.3 To the fullest extent permitted by law, you also agree that we shall not be liable to you or to any third party for or on account of any modification, suspension or discontinuance of Service.

17. Claim Must Be Filed Within One Year

17.1 Any claim related to this contract or these Terms of Service may not be brought by you unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed within that period, then that claim is permanently barred. This applies to you and your successors and assigns permitted.

18. Miscellaneous

18.1 These Terms of Service shall be governed by and interpreted in accordance with the laws of Taiwan without regard to conflict of law principles. You and Perfect hereby irrevocably consent that any legal action or proceeding arising under or in connection with these Terms of Service must be submit to the personal and exclusive jurisdiction of arbitration in Taipei, Taiwan for the purpose of arbitrating any dispute.

18.2 In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

18.3 The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. Any waiver, to be effective, must be in writing signed by the waiving party (in the case of Perfect, by an authorized officer).

18.4 You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Perfect and any prohibited assignment will be null and void. Perfect may assign these Terms of Service or any rights hereunder without your consent.

18.5 You agree that these Terms of Service and the rules, restrictions and policies contained herein, and Perfect's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Perfect.

18.6 These Terms of Service together with constitute the entire agreement between Perfect and you with respect to the subject matter hereof.

18.7 Any notice or other communication to be given hereunder will be in writing and given (a) by Perfect via email (in each case to the address that you provide), (b) a notice on the Service, or (c) by you via email to contact appsupport@perfectcorp.com or to such other addresses as Perfect may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU WAIVE THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.