Terms of Use

These Terms of Use (this "Agreement") is a legal agreement between you ("you") and VanDraw Limited, a company incorporated under the laws of Hong Kong with its registered office at Unit 907, 9/F., Silvercord Tower 2, 30 Canton Road, Tsim Sha Tsui, Hong Kong ("Company", "we" or "us") for use of the VanDraw mobile application (the "App"), the website available at vandraw.com (the "Website"), the servers used by the App and Website, the computer files stored on such servers, and all related services, features and content offered by the Company (collectively, the "Services").

1. Acceptance of terms

Please read this Agreement carefully. By accessing or using the App or the Website, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.

We may modify this Agreement from time to time. We will notify you by email, through the App, on the Website, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the Services after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.

2. Eligibility

PLEASE MAKE SURE YOU HAVE EITHER (A) REACHED THE AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE (TYPICALLY 18 YEARS OF AGE, BUT MAY BE LOWER IN SOME JURISDICTIONS), OR (B) OBTAINED THE CONSENT OF YOUR PARENT OR LEGAL GUARDIAN TO ACCEPT THESE TERMS AND CONDITIONS IN ACCORDANCE WITH THE LAWS OF YOUR COUNTRY OF RESIDENCE. If You are under the age of majority where they live ("Minor"), You should review these Terms together with Your parent or guardian. Use of the Services is conditional on obtaining such consent. If You are the parent or legal guardian of a Minor, You also agree to be bound by these Terms on the Minor's behalf. In the event that You permit your Minor to use the Services, You hereby agree to these Terms on behalf of Yourself and Your Minor, and You understand and agree that You will be responsible for all uses of the Services by Your Minor whether or not any particular use was authorized by You. Where a minor is permitted to use the Services with parental or guardian consent, the parent or guardian is responsible for supervising the Minor's use of the Services to the extent required by applicable law. We may require adequate proof of your identity and age and consent from a parent or guardian at any time.

In addition to the minimum age required to accept these Terms (the age of legal majority required by the legislation in force in your country), you should take into consideration that certain features or content within the Services may have their own age ratings or recommendations (for example, PEGI or ESRB, depending on your region).

Children's Privacy. This App are not intended or designed to attract children under the age of 13. If you are an EU resident, you shall be at least 16 years old in order to use the App. To the extent prohibited by applicable law, we do not allow use of the App by EU residents younger than 16 years old. If you become aware that a child under the applicable privacy age has provided us with personal information, please contact us at support@vandraw.com.

3. Your use of the Services

Any content you submit through the Services is governed by the Company's Privacy Policy.

As a condition of using the Services, you agree not to use the Services for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the Services and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.

You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:

• resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Services;
• modify, reverse engineer, decompile or disassemble the App or any part of the Services;
• copy, adapt, alter, modify, translate, or create derivative works of the Services without written authorization of the Company;
• permit other individuals to use the Services, including but not limited to shared use via a network connection, except under the terms of this Agreement;
• circumvent or disable any technological features or measures in the Services for protection of intellectual property rights;
• use the Services in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
• use or access the Services to compile data in a manner that is used or usable by a competitive product or service;
• use the Services to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
• use the Services to engage in any illegal conduct;
• upload to transmit any communications that infringe or violate the rights of any party;
• upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the Company's Privacy Policy; or
• upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Website.

Any such forbidden use shall immediately terminate your license to use the Services.

4. Limited license to the Services

We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the Services for personal and non-commercial purposes in accordance with the terms of this Agreement.

All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company's software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to support@vandraw.com.

For the avoidance of doubt, drawings, sketches, and other works that you create using the App belong to you, and you may use them for any lawful purpose, including commercial purposes, provided that such use does not infringe the rights of third parties in any templates, images, or other materials provided through the Services.

5. User Content

5.1. Except as expressly provided in these Terms, any content that you upload to or create within the Services as part of its basic functionality is processed locally on your device only. The Company does not access, collect, store, or process such content, and it is not transmitted to the Company.

5.2. The Services may include an optional feature that enables you to upload, submit, modify with AI, publish, or share photos, images, graphics, ratings, reviews, or other content with the Company or other users (the "User Content"). User Content is transmitted to and processed by the Company only when you voluntarily use these features. You retain all ownership rights in your User Content.

5.3. By providing your User Content to the Services, you represent and warrant that:

• you are the owner of such User Content or have obtained all necessary rights, licenses, and permissions to submit it;
• your User Content does not infringe, misappropriate, or otherwise violate any copyright, trademark, trade secret, patent, publicity, privacy, or other intellectual property or proprietary rights of any third party;
• your User Content does not contain any material that is defamatory, obscene, unlawful, or otherwise objectionable; and
• your User Content complies with all applicable laws and regulations.

5.4. In case of providing your User Content to the Services, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your User Content in connection with providing and operating the Services; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from your User Content and/or your failure to comply with these Terms.

5.5. The Company reserves the right to review User Content prior to its publication or sharing through the Services and to remove any User Content for any reason, at any time, without prior notice, at our sole discretion.

6. Subscriptions

6.1. Some features of the App may be offered through a subscription model (the "Subscription"). By purchasing a Subscription, you agree to the following terms:

6.2. Subscriptions are billed in advance on a recurring and periodic basis (e.g., weekly, monthly, or annually), depending on the plan you select. Payment will be charged to your Google Play or Apple App Store account ("Your account")at confirmation of purchase. Your account will be charged for renewal within 24 hours prior to the end of the current billing period. Subscriptions may automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can manage or cancel your Subscription at any time through Your account settings in Google Play or Apple App Store. If you cancel a Subscription, you will continue to have access to Subscription features until the end of the current billing period. No refunds will be provided for unused portions of the Subscription term, except as required by applicable law or the rules of the relevant Platform.

6.3. We may offer a free trial for certain Subscription plans. If you do not cancel before the end of the trial period, you will be automatically charged the applicable Subscription fee. Any unused portion of a free trial period will be forfeited when you purchase a Subscription.

6.4. All payments are handled by the Google Play Store or Apple App Store. We do not issue refunds directly. For refund requests, please contact Google Play or Apple support, as applicable.

6.5. We may change the prices of Subscriptions from time to time. Any price change will take effect no earlier than the start of the next billing period following notice to you, provided through the relevant Platform mechanisms and/or the App. If you do not agree with a price change, you may cancel your Subscription before the change takes effect. Where required by applicable law or the rules of the relevant Platform, renewal at an increased price will require your affirmative consent.

7. Warranty disclaimer

The Company controls and operates the Services from various locations and makes no representation that the Services are appropriate or available for use in all locations. The Services or certain features of them may not be available in your location or may vary across locations.

THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

8. Limitation of liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES. IN NO EVENT WILL THE COMPANY'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE SERVICES OR ONE THOUSAND DOLLARS ($1000) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY, OR ANY THIRD PARTIES MENTIONED IN CONNECTION WITH THE SERVICES ARE NOT LIABLE FOR ANY PERSONAL INJURY CAUSED BY YOUR USE OR MISUSE OF THE SERVICES.

9. Third Party Services

The Services may give you access to links to third-party websites, apps, or other products or services ("Third Party Services"). The Company does not control Third Party Services in any manner and, accordingly, does not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect your personal information and privacy in using any such Third Party Services.

10. Your feedback

We welcome your feedback about the Services. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.

11. Changes to the Services

From time to time and without prior notice to you, we may change, expand and improve the Services. We may also, at any time, cease to continue operating part or all of the Services or selectively disable certain features of the Services. Your use of the Services does not entitle you to the continued provision or availability of the Services. Any modification or elimination of the Services or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

12. Indemnity

You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

13. Miscellaneous

Governing Law. Any dispute arising from this Agreement shall be governed by the laws of England and Wales without regard to its conflict of law provisions.

Dispute Resolution. All disputes arising out of or in connection with interpretation and/or execution of this Terms shall be resolved by means of correspondence and negotiations without recourse to a court. In the case that the parties fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at our company's place of location unless otherwise expressly provided by applicable law.

Severability. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in judicial or administrative proceedings.

Waiver. No waiver of by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

Survival. Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

14. Notice and takedown procedures

If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by contacting the Company and providing the following information:

• Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., App page or Website page) of an authorized version of the work.
• Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
• Your name, address, telephone number and (if available) e-mail address.
• A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
• A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
• A signature or the electronic equivalent from the copyright holder or authorized representative.

15. Questions and comments