TERMS AND CONDITIONS

 

Last Updated: 10.11.2020

 

These Terms & Conditions (these “Terms”) contain the terms and conditions on which we supply content, products or services listed through our application (the “App”). Please read these terms and conditions, carefully before using any Services from the App available on Apple App store.

1. Description of Services

XBeauty is an application based software that uses algorithms to reshape, slim, increase or emphasize any area of your body. The application allows you to (a) take photos using the application or (b) upload preexisting photos onto the application. You can then apply different filters or effects to the photos. Once you choose a filter or effect, XBeauty algorithm runs, transforming the photo. You can then share the photos through social media sites or store them for personal use.
2. Agreement to Terms
By using the App, you indicate that you accept these Terms and all applicable laws, rules and regulations and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the App.
3. Changes to Terms
We may modify the Terms at any time, in our sole discretion. If we do so, you will be notified about the change through e-mail no later than two (2) weeks before the new version of the Terms becomes applicable. It’s important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified terms. If you don’t agree to be bound by the modified Terms, then you can’t use the Services anymore.
3. Membership and Subscriptions 
3.1 Changing fees and charges
We may at any time and from time to time, in our sole discretion, change the fees and charges, or add new fees and charges, in relation to any of the Services. We will notify you by email at least 30 calendar days in advance of any such change. If you do not agree to the change, you may cancel your membership or subscription in your account settings or by emailing in

info@izysoft.net
3.2. Subscription
We currently offer one auto-renewing subscription option: 1 week of free trial followed by $29.99 per year. By subscribing you get unlimited access to music, tracker and photo filters. Payment will be charged to iTunes Account at confirmation of purchase. Your subscription will automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Your account will be charged for renewal within 24-hours prior to the end of the current period. Subscriptions may be managed and auto-renewal may be turned off by going to the Account Settings after purchase. No cancellation of the current subscription is allowed during active subscription period.
4. Cancellation of Services
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice. A breach of these Terms, includes without limitation, the unauthorized copying or download of our audio or video content from the App. Any termination, discontinuation or cancellation will not affect your obligations to BodyTune under these Terms (including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions), which naturally are intended to survive such suspension, termination or cancellation.
5. Copyright and Rights of Use
All materials (including software and content whether downloaded or not) contained on the App are owned by BodyTune, unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials.
All intellectual property, other trademarks, logos, images, product and company names displayed or referred to on the App are the property of their respective owners. Nothing grants you any license or right to use, alter or remove or copy such material.
Subject to your compliance with these Terms, BodyTune grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy and display the Content solely in connection with your permitted use of the Services and solely for your own personal non-commercial purposes. Copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.
6. End User License Agreement

  1. These Terms are concluded between you and BodyTune and not with the App Provider (Apple), and that BodyTune (not Apple) is solely responsible for the Licensed Application and the content thereof.

  2. Providing any maintenance and support services with respect to the Licensed Application will be the sole responsibility of BodyTune. The App Provider//Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

  3. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify the App Provider (Apple), and the App Provider (Apple) will refund the purchase price for the Licensed Application to you and, to the maximum extent permitted by applicable law, the App Provider (Apple) will have no other warranty obligation whatsoever with respect to the Licensed Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of BodyTune.

  4. The App Provider (Apple) is not responsible for addressing any claims you have or any claims of any third party relating to the Licensed Application or your possession and/or use of the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection and/or similar legislation.

  5. In the event of any third-party claim that the Licensed Application or your possession and/or use of that Licensed Application infringes that third party’s intellectual property rights, BodyTune will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

  6. The App Provider (Apple) and its subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider (Apple) will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.

  7. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws or regulations. By using the App you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  8. You may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users through any means.

7. Prohibitions
You agree not to do any of the following:

  • Use, display, mirror or frame the Services, or any individual element within the Services, BodyTune name, any BodyTune trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without BodyTune’s express written consent;

  • Access, tamper with, or use non-public areas of the Services, BodyTune’s computer systems, or the technical delivery systems of BodyTune’s providers;

  • Attempt to probe, scan, or test the vulnerability of any BodyTune system or network or breach any security or authentication measures;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by BodyTune or any of BodyTune’s providers or any other third party (including another user) to protect the Services;

  • Attempt to access or search the Services or download Collective Content from the Services through the use of any unauthorized means, including without limitation, engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like).

  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  • Use any meta tags or other hidden text or metadata utilizing a BodyTune trademark, logo URL or product name without BodyTune’s express written consent;

  • Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Violate any applicable law or regulation;

  • Encourage or enable any other individual to do any of the foregoing.

 

BodyTune will have the right to investigate and prosecute violations of any of the above, including intellectual property infringement and Service security issues, to the fullest extent of the law. BodyTune may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Use.  We are under no obligation to monitor access to or use of the Services or Content, but we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, or to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms or our Acceptable Use Policy.

 

8. Services Disclaimer

While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Services or the information contained on the Services for any purpose. Any reliance you place on such information is therefore strictly at your own risk.If there are any faults, please contact us at info@izysoft.net and we will correct the fault as soon as we reasonably can. If the need arises, we may suspend access to the services while we address any faults, or occasionally restrict it to allow for repairs, maintenance or introducing new services. We will not be liable to you if the services are unavailable for any period of time.

9. Links to other website and/or services
We may provide links and information about other websites or services for you to access. You acknowledge that any access is at your sole discretion and for your information only. We do not review or endorse any of those websites or services. We are not responsible for any damage, loss or offence caused or alleged to be caused by, or in relation with the user of such websites or services.
10. Indemnification
You agree to indemnify and hold harmless BodyTune and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or Content or your violation of these Terms.
11. Limitation of Liability
Neither BodyTune nor any other party involved in creating, producing, or delivering the services or content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute services arising out of or in connection with these terms or from the use of or inability to use the services or content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not BodyTune has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

12. Customer Support
If you have any questions, please contact XBeauty at info@izysoft.net

2018 by izysoft