The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Company downloaded by You on any electronic device, named This App
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: Vietnam
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to This App.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Application.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Free Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.
Jacat Games is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
We are entitled to charge fees for certain premium content such as filters and transition, advertisement privileges, and other virtual goods that you may use with This App (collectively, the “Virtual Goods'') via our Subscription Service (“Subscription Service”). The subscription period could be one month, three-month, one year, or forever, subject to the preferences of our user and our Free Program of that time (“Subscription Period”). You agree that Virtual Goods are not transferable to anyone else and you will not transfer or attempt to transfer any Virtual Goods to anyone else.
Ownership of Virtual Goods. You acknowledge that you do not own Virtual Goods but instead, we grant you a limited personal revocable license to use them for personal use following the terms of this Term and only within This App.
Use of Virtual Goods. You are only allowed to obtain Virtual Goods from us through using This App, and not in any other way. Subject to our compliance with applicable laws, we may:
1. control, regulate, change or remove any Virtual Goods without any liability to you;
2. revise the pricing for Virtual Goods;
By purchasing and/or using the Virtual Goods and our Purchases Service, you confirm you have read and agreed to be bound by this Term.
We may from time to time at our discretion update this Term without providing any prior notice to you. If you are unwilling to accept this Term (including all or part of the provisions of any future updated version of this Term), you must immediately cease your use of Virtual Goods or Purchases Service.
We may change or discontinue all or any part of the Virtual Goods or Subscription Service, at any time and without notice, at our sole discretion, including, without limitation, making adjustments/improvements to our Subscription Service or Virtual Goods based on our product planning and the country or area you are in.
Auto-renewal of Subscription Service. By signing up for our Subscription Service, you agree that your subscription will be automatically renewed at the end of each paid Subscription Period unless you cancel it, and you authorize us to charge your billing account associated with your Google Play store account (“Billing Account”) for the renewal term. The auto-renewal may be turned off by the user in his/her app store account settings following the first payment of the subscription fees. Deleting this app from the device does not necessarily result in the cancellation of the Subscription Service.
To Learn our Subscription Service, please go to “Cancel, pause, or change a subscription on Google Play”
Where an auto-renewal subscription is offered, the purchase offer will indicate the subscription’s duration, price, and terms of payment by Google. The following conditions apply with respect to our auto-renewal Subscription Service:
1. payments will be charged to the user’s Billing Account at confirmation of purchase, without the requirement of user’s password, SMS verification, etc.;
2. the subscription of our Subscription Service will automatically renew unless the user cancels the auto-renewal of the Subscription Service at least 24 hours before the end of the current billing cycle (on App Store). Cancellation of a subscription and/or of auto-renewal will not entitle the user to any refunds.
3. User’s Billing Account will be charged for renewal within 24 hours prior to the end of the current Subscription Period. Once the payment has been put through, you shall be eligible for our Subscription Service for the relevant Subscription Period. If your Billing Account balance is insufficient to pay for the subscription fee, we shall conduct a second automatic deduction from your Billing Account within after 3 days. If your Billing Account balance is still insufficient to settle the subscription fee of the upcoming cycle, we shall cease to provide you with our Subscription Service. Any transaction costs incurred in relation to the above charges shall be borne by the user.
We authorize Google to collect the fees associated with the app's subscription service. So if you wish to purchase any product or service made available through the This App, you may be asked to supply certain information relevant to your Purchase by Google
About the perpetual paid version:
For perpetual purchase you will only need to pay once and will be able to use all the content we mentioned in the paid version
Refunds
Except when required by law, paid Subscription fees are non-refundable.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
These Terms shall be governed and construed in accordance with the laws of Viet Nam, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
If any provision of these Terms is held to be unenforceable or invalid, 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.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
If you have any questions about these Terms and Conditions, You can contact us:
By email: feedback@jacat.games
