Terms of Service

1. Acceptance of Terms

Welcome to Photo Sniff (hereinafter referred to as the "Service" or "app"). This Terms of Service Agreement ("Agreement") is a legal agreement between you and Chengdu Lianyue Commerce And Trade Co., Ltd. (hereinafter referred to as "we," "our company," or "Lianyue") regarding your use of our Service. By downloading, installing, accessing, or using our Service, you confirm that you have read, understood, and agree to be bound by all the terms of this Agreement. If you do not agree to any of the terms in this Agreement, please do not use our Service.

Important Note: This app is licensed to you, not sold. Your use of Photo Sniff is subject to this Agreement.

2. Service Description

2.1 Photo Sniff is an artificial intelligence-based photo management and analysis application that provides functions including but not limited to photo organization, intelligent search, useless photo analysis, duplicate photo identification, etc., designed to help users manage their digital photo libraries more efficiently.

2.2 We may continuously update and expand service functions, with specific available functions subject to what is actually provided in the app. We reserve the right to adjust service content and functions at any time.

2.3 Important Note: This app is not and is not intended to replace your primary photo storage solution. You should maintain backups of all important photo data.

3. User Accounts

3.1 Account Creation: Using our service requires creating a user account. You must provide accurate, complete, and up-to-date personal information, and are responsible for maintaining the accuracy and security of your account information.

3.2 Account Security: You are fully responsible for safeguarding your account password and account security, and must take full legal responsibility for all activities that occur under your account. If you discover any unauthorized use of your account, you should contact us immediately at service@lotusfino.com.

3.3 Account Restrictions: The same user may not create multiple accounts. We reserve the right to limit, freeze, or terminate relevant accounts upon discovery of violations.

3.4 Account Termination: You may request to terminate your account at any time by following the instructions in the app. In some cases, we may retain certain information for legitimate reasons, as detailed in our Privacy Policy.

4. License Scope

4.1 Apple Devices: For applications obtained through the Apple App Store, our company grants you a limited, non-exclusive, non-transferable license to use this app on Apple-branded devices that you own or control and that comply with Apple's usage rules.

4.2 Android Devices: For applications obtained through the Google Play Store, our company grants you a limited, non-exclusive, non-transferable license to install and use one copy of this app on Android devices that you personally own or control, subject to Google Play Terms of Service.

4.3 You may not distribute or make the app available on a network, allowing it to be used on multiple devices simultaneously. If you sell or transfer your device to a third party, you must delete the app from that device beforehand.

4.4 Unless explicitly permitted by applicable law or allowed by the license terms of open-source components included in the app, you may not copy (except as permitted by this license and platform usage rules), reverse engineer, decompile, attempt to derive the source code, modify, or create derivative works of the app, any updates, or any part thereof. Violating this restriction may result in termination of your right to use the app.

5. User Content

5.1 Content Responsibility: You are solely responsible for all content uploaded, transmitted, or otherwise processed using the Service, including but not limited to photos, images, comments, and other materials, and warrant that such content does not infringe upon the rights of any third party.

5.2 License Grant: You retain all rights to your uploaded content, but grant us a worldwide, royalty-free, non-exclusive, transferable, sub-licensable license to use, copy, modify, create derivative works, distribute, store, and publicly display such content, solely for the purpose of providing, maintaining, improving our services, and developing new services. This license continues to be effective after you stop using our services, unless you delete the relevant content.

5.3 Data Processing: You understand and agree that to provide the service, we need to process your photos and related data. We will take reasonable measures to protect the security of your data, but will not be responsible for data loss or leakage caused by force majeure.

5.4 Content Removal: We reserve but are not obligated to exercise the right to remove user content found to violate this Agreement. We may, but are not obligated to, monitor, edit, or remove content we deem illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise inappropriate.

6. Data Usage Consent

6.1 You agree that our company may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, which is gathered periodically to facilitate the provision of software updates, product support, and other services (if any) related to the app.

6.2 Our company may use this information to improve products or provide services or technologies to you, provided that the form of this information does not reveal your personal identity.

6.3 Our collection and use of your personal data is governed by our Privacy Policy, which is incorporated into this Agreement and can be accessed within the app or on our website.

6.4 Data Privacy: We are committed to protecting your privacy. Details of how we collect, use, and disclose your personal information can be found in our Privacy Policy, which forms part of this Agreement. By using this app, you consent to the processing of your personal data in accordance with the Privacy Policy.

7. Subscriptions and Payments

7.1 Subscription Services: We may offer premium features or services that require subscription. Specific subscription prices, billing cycles, and included features are as shown in the app.

7.2 Automatic Renewal: Unless you cancel auto-renewal at least 24 hours before the end of the current subscription period, subscriptions will automatically renew. Renewal fees will be charged through your account payment method (such as credit card or respective platform account).

7.3 Refund Policy: Subscription fees are generally non-refundable once paid, unless otherwise specified by applicable law. For specific refund situations, please refer to the refund policy of the respective app store or contact us.

7.4 Price Changes: We reserve the right to adjust subscription prices at any time. Price changes will take effect in the next subscription cycle and you will be notified in advance.

8. Prohibited Conduct

When using our services, you must not:

Violate any applicable laws, regulations, or rules
Infringe upon the intellectual property, privacy rights, or other legitimate rights of others
Upload, transmit, or share any illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise offensive content
Spread computer viruses or other destructive code
Interfere with the normal operation of the service or place unreasonable burdens on servers and networks
Attempt unauthorized access to any part of the service, other user accounts, or computer systems
Engage in any behavior that may damage our company's reputation or commercial interests
Use automated methods or programs to access, scrape, or index any part of the service
Attempt to circumvent any technical measures or security features of the app

9. External Services

9.1 The app may enable access to our company's and/or third-party services and websites (collectively and individually, "External Services"). You agree that you use External Services at your own risk. Our company is not responsible for examining or evaluating the content or accuracy of any third-party External Services, nor do we assume any responsibility for any such third-party External Services.

9.2 Data displayed through the app or External Services, including but not limited to financial, medical, and location information, is for general information purposes only and is not guaranteed by our company or its agents. You may not use External Services in a manner that is inconsistent with the terms of this Agreement or that infringes on the intellectual property rights of our company or any third party.

9.3 You agree not to use External Services to harass, abuse, stalk, threaten, or defame any person or entity, and our company is not responsible for any such use. External Services may not be available in all languages or in your country of residence, and may not be appropriate for or available for use in any particular location.

9.4 Our company reserves the right to change, suspend, remove, disable, or restrict access to any External Services at any time without notice and without liability to you.

10. Platform-Specific Terms

10.1 Apple Platform: If you obtained this app through the Apple App Store, you acknowledge and agree that:

This Agreement is concluded between you and our company only, not with Apple, Inc. ("Apple")
Apple has no responsibility for the app and its content
Apple has no obligation to provide any maintenance and support services
In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if applicable)
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the app
Apple is not responsible for addressing any claims related to the app, including, but not limited to: product liability claims, any claim that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation
In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim

10.2 Google Platform: If you obtained this app through Google Play, you agree to comply with all applicable Google terms and policies, including the Google Play Terms of Service. Additionally:

The app may integrate with Google services (such as Google Maps, Google Drive, etc.), and when using these services, you must also comply with the corresponding Google service terms
Our company may use Google-provided analytics and advertising services to improve app experience and provide relevant content
Any payments you make through Google Play will be subject to Google payment terms

11. Service Changes and Termination

11.1 We reserve the right to modify, suspend, or terminate the service (in whole or in part) at any time, without prior notice. We are not liable for any loss or impact such modifications, suspensions, or terminations may have on you or any third party.

11.2 If a user is found to violate this Agreement or applicable laws, we have the right to immediately terminate service to that user without notice, and reserve the right to pursue relevant legal liabilities.

11.3 This Agreement is effective until terminated by you or our company. Your rights under this Agreement will automatically terminate if you fail to comply with any of its terms.

11.4 Upon termination, you must cease using the app and delete all copies. Termination does not affect any rights or liabilities arising prior to termination.

12. Intellectual Property

12.1 All content in the service, including but not limited to text, graphics, logos, icons, images, audio, video, software, and the compilation and design of this content, is the property of our company or its content providers and is protected by international intellectual property laws.

12.2 You may not use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit this content in any way without the express written permission of our company.

12.3 "Photo Sniff" and related logos and names are trademarks or registered trademarks of our company. This Agreement does not grant you the right to use these trademarks unless you obtain our explicit written permission.

13. Disclaimer of Warranties

13.1 You expressly acknowledge and agree that use of the app is at your sole risk. To the maximum extent permitted by applicable law, the app and any services provided are provided "as is" and "as available," with all faults and without warranty of any kind, and our company hereby disclaims all warranties and conditions with respect to the app and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third-party rights.

13.2 No oral or written information or advice given by our company or its authorized representative shall create a warranty. Should the app or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.

13.3 You understand and agree that using artificial intelligence-based photo analysis functions may result in inaccuracies or misjudgments, so you should carefully evaluate the recommendations or analysis results we provide.

13.4 Data Loss Warning: This app does not guarantee that photos or data will not be lost or damaged. You should regularly back up all your important data. Our company is not responsible for any data loss or damage.

14. Limitation of Liability

14.1 To the extent not prohibited by law, in no event shall our company, its officers, directors, employees, or agents be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use or inability to use the app, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if our company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury or incidental or consequential damages, so this limitation may not apply to you.

14.2 In no event shall our company's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00) or equivalent amount. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

14.3 We are not liable if we are unable to provide services due to force majeure or other reasons beyond our control (including but not limited to natural disasters, government actions, network failures, etc.).

15. Indemnification

You agree to defend, indemnify, and hold harmless our company and its affiliates, officers, directors, and employees from any claims, losses, liabilities, suits, or damages (including reasonable attorneys' fees) arising from your breach of this Agreement, use of the app, or violation of any law or third-party rights.

16. Minor Usage

16.1 This app is not designed or intended for use by children under 13 years of age (or the minimum age specified by local law). We do not knowingly collect personal information from children under 13.

16.2 If you are a minor, please obtain consent from your parent or legal guardian before using this app. If we discover that we have collected personal information from a minor without verifiable parental consent, we will endeavor to delete such information.

17. Export Control

You may not use or otherwise export or re-export the app except as authorized by applicable law. In particular, but without limitation, the app may not be exported or re-exported to (a) any country subject to international sanctions, or (b) anyone on any government's prohibited or restricted trading list. By using the app, you represent and warrant that you are not located in any such country or on any such list. You also agree not to use these products for any purposes prohibited by law, including, without limitation, the development, design, manufacture, or production of weapons.

18. Government Users

If you are using the app on behalf of any government or government agency, specific terms may apply. Please contact us for more information about government use.

19. Notices

19.1 We may send you notices related to this Agreement or the service through in-app notifications, email, or by posting notices on our website.

19.2 You agree to receive all communications via email or in-app notifications, and you agree that any agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

20. Modification of Terms

20.1 We reserve the right to modify this Agreement at any time. Modified terms will be effective immediately upon posting on our app or website.

20.2 After modifying the Agreement, if you continue to use our services, it indicates your acceptance of the modified terms. If you do not agree to the modified terms, you should stop using our services immediately.

21. Applicable Law and Dispute Resolution

21.1 This Agreement shall be governed by and construed in accordance with applicable law, without regard to its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.

21.2 Any disputes related to this Agreement shall first be resolved through friendly negotiation; if negotiation fails, they shall be resolved through courts or arbitration institutions with jurisdiction.

21.3 If you are a citizen of a European Union country, Switzerland, Norway, or Iceland, the applicable law and courts shall be the law and courts of your usual place of residence.

21.4 If you reside in other countries or regions, the applicable governing law may vary depending on your country or region.

22. General Provisions

22.1 Entire Agreement: This Agreement (including any amendments and supplements) constitutes the entire agreement between you and our company regarding the app and supersedes all prior or contemporaneous oral or written communications and proposals.

22.2 Severability: If any provision of this Agreement is found to be illegal, invalid, or unenforceable for any reason, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

22.3 Waiver: Failure by our company to enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

22.4 Language: This Agreement may be provided in multiple languages. If there is any inconsistency or ambiguity between the English version and any other language version, the English version shall prevail.

22.5 Assignment: You may not assign or delegate any rights or obligations under this Agreement without the prior written consent of our company. Our company may freely assign this Agreement without restriction.

23. Contact Us

If you have any questions or suggestions about this Agreement, please contact us at:

Email: service@lotusfino.com

Last Updated: May 15, 2024