Last Modified: 31 December 2024
Important: Before you use Vhotopia (as defined below), we advise you to carefully read and make sure you understand the provisions of this Vhotopia Service Agreement (this “Agreement”), especially those Sections that are underlined and in bold, which might exclude or limit our liabilities or highlight your obligations. Vhotopia IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, or in certain jurisdictions, under 16 (the “Minors”) and we do not knowingly collect information from Minors. If you are between 13 (or 16 in certain jurisdictions) and 18 (or such other age as required by law), you must have permission from your legal guardian before you are permitted to use Vhotopia. If you have any questions about this Agreement, or you are unwilling to accept this Agreement in whole or in part, please cease using Vhotopia immediately. If you have any questions regarding Vhotopia or wish to provide feedback (including, but not limited to, suggestions and complaints) to us, you can contact us via email at support@vhoto.ai(please quote “Vhotopia” in your email title).
This Agreement is made between you and Xiamen Youyou Information Technology Co., Ltd and its affiliates who assist us with respect to the provision of the services (collectively, “we”, “us” or “our”) for your use of our application. This Agreement incorporates the Privacy Policy. We may update this Agreement from time to time at our sole and absolute discretion, including, without limitation, making any updates to satisfy business, legal or policy requirements. If you are unwilling to accept all or part of the provisions of any future updated version of this Agreement, you must not use or must immediately cease your use of Vhotopia. Because Vhotopia is evolving over time, we may change or discontinue all or any part of Vhotopia at any time and without notice, at our sole and absolute discretion. If you continue to use Vhotopia after we have posted updated version of this Agreement, you are agreeing to be bound by the updated version of this Agreement.
“Vhotopia” is a software product developed, operated and managed by us. Under this Agreement, “Vhotopia” refers to the Vhotopia mobile applications (the “App”), the website (vhoto.ai) set up by us for Vhotopia, and other services provided by us as part of the App and/or the website.
For the purpose of this Agreement, the term “affiliates” shall mean any entity which directly or indirectly controls, is controlled by, or is under common control with Xiamen Youyou Information Technology Co., Ltd. For the purpose of the foregoing, “control” shall mean (i) the direct or indirect ownership of more than 50 per cent of the outstanding voting securities or capital stock of such entity or other comparable equity or ownership interest, or (ii) the control of management decisions and economic interests of the entity by way of contractual arrangements.
It is our fundamental principle to protect your user information and personal information. You agree that we will collect, use, store, manage and protect your user information and personal information in accordance with the provisions of this Agreement and the Privacy Policy. If you are unwilling to accept or have any question related to the Privacy Policy in whole or in part, please do not use or do cease using Vhotopia immediately and you may contact us via the contact details as first written above.
You agree to use Vhotopia in a reasonable and legal manner in accordance with this Agreement. Unless otherwise stipulated, you may only view, share, store, use, transmit and post photos, videos and other content via Vhotopia for your personal and non-commercial purposes, and you may not transfer your rights under this Agreement, whether for consideration or free of charge, without our prior written consent.
You shall be fully responsible for your use of Vhotopia and for your User Content (as defined below). You shall not produce, store or post any following information via Vhotopia:
Although we are not obligated to monitor access to or use of Vhotopia or to review or edit any User Content, we have the right to do so for the purpose of operating Vhotopia, to ensure compliance with this Agreement and to comply with applicable law or other legal and regulatory 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 and absolute discretion, consider any Content to be objectionable or in violation of this Agreement. We have the right to investigate violations of this Agreement or conducts that affect the operation of Vhotopia.
If you violate this Agreement, you agree that we may, at our sole and absolute discretion or as required by applicable law, rules, regulations and policies, and without notice to you, take any action deemed appropriate by us, including, without limitation: (i) removing any offending User Content; (ii) suspending or terminating your access to and use of Vhotopia; (iii) ceasing to provide you with any services related to Vhotopia; and (iv) taking measures to restrict your access to your account.
Definitions. For purposes of this Agreement: (i) “Content” means text, audio, photos, images, videos, graphs, and other information, materials or content, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through Vhotopia; (ii) “Our Content” means any Content that is, either directly or indirectly, posted, generated or otherwise made available to users of Vhotopia (including you) through Vhotopia by us, including, without limitation, product features built into Vhotopia such as filters, fonts, text, special effects, stickers, borders, backgrounds and music templates; and (iii) “User Content” means any Content uploaded or provided by users of Vhotopia and to be made available through Vhotopia, but excluding any of Our Content (or derivatives thereof).
We are entitled to charge fees for certain premium contents or features (if any), such as filters, templates, stickers, advertisement privileges and other virtual goods, that you may use with Vhotopia (collectively, the “Virtual Goods”) via our subscription service (the “Subscription Service”). Subscription period will depend on the type of subscription that you choose when you sign up for the service (the “Subscription Period”). You agree that the Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Goods to anyone else.
You also agree that any Virtual Goods purchased or Subscription Service and membership subscribed by you through the App downloaded from one app store (such as Google Play Store or App Store) cannot be recognized and used on the same App downloaded from another app store, and vice versa. This means that, you will not be able to transfer or carry over any Virtual Goods or Subscription Service or membership that you have purchased or subscribed for, between the same App if downloaded from different app stores.
Subscription Service. Subject to the terms and conditions of this Agreement, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to use Vhotopia under Subscription Service for commercial purpose as a digital reproduction ONLY on websites, online advertisements, social media, mobile applications, software, e-publications (such as e-book, e-magazine, blogs), email marketing, audio-visual productions (film, video, television series) and online media (such as video-sharing services). For the avoidance of doubt, you are NOT granted any right to use and/or incorporate any other Virtual Goods in physical form.including but not limited to as part of merchandise, product packaging and labelling, letterhead and business cards, in the advertising and copy of tangible media, including but not limited to magazines, newspapers, and books.
Artificial Intelligence (AI) Features. You acknowledge and agree that AI-generated content may not always be accurate, appropriate, or free from errors. We are not responsible for any consequences stemming from the use or reliance on such content. Any such use, whether commercial or private, by you is at your risk. We make no representations or warranties of any kind regarding your use of the said Content for any purpose. Please refer to the AI Terms of Use set forth in Addendum 1 of these Terms of Services for the terms and conditions governing your use of AI features.
We do our best to moderate the settings of our AI features, however, it is still possible that you may encounter content that you may see as inappropriate for you. Please contact us at support@vhoto.ai if you find any of the content to be offensive or inappropriate to you, we will promptly take action.
Ownership of Virtual Goods. You acknowledge that you do not own the Virtual Goods but instead, we grant you a limited, personal, revocable, non-exclusive, non-transferable and non-sublicensable license to use them for personal use in accordance with the terms of this Agreement and only within Vhotopia.
Use of Virtual Goods. You are only allowed to obtain the Virtual Goods from us through using Vhotopia, and not in any other way. You may not:
Subject to our compliance with applicable laws, rules, regulations and policies, we may at any time control, regulate, change or remove any Virtual Goods without any liability to you and/or revise the pricing for the Virtual Goods.
By purchasing and/or using the Virtual Goods and our Subscription Service, you confirm that you have read and agreed to be bound by this Agreement and any additional terms presented to you that are applicable to the Virtual Goods (the “Additional VG Terms”).
We may from time to time at our sole and absolute discretion update this Agreement and/or the Additional VG Terms without providing any notice to you. If you are unwilling to accept this Agreement or the Additional VG Terms (including all or part of the provisions of any future updated version of this Agreement and the Additional VG Terms), you must immediately cease your use of the Virtual Goods or Subscription 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 and absolute discretion, including, without limitation, making adjustments/improvements to our Subscription Service or the Virtual Goods based on our product planning and the country or area you are in.
Cancellation. You can cancel your subscription at any time and you will continue to have access to the Subscription Service through the end of the Subscription Period. To the extent permitted by the applicable laws, payments are non-refundable and we do not provide refunds or credits for any partial Subscription Periods or unused Vhotopia content. To terminate the Subscription Service, please go to:
If you cancel your subscription, your access to the Subscription Service will automatically be terminated at the end of the Subscription Period.
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 app store account (the “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 or submitting the request by emailing us at support@vhoto.ai (please quote “Vhotopia” in your email title). Deleting the App from the device does not necessarily result in cancellation of the Subscription Service. To cancel your Subscription Service, please refer to the section of “Cancellation” above.
Where an auto-renewal subscription is offered, the purchase offer will indicate the subscription’s duration, price and terms of payment. The following conditions apply with respect to our auto-renewal Subscription Service:
Passwords and Account Access. If you create an account in the App, you are responsible for any activity that occurs through such account. To maintain control over the account and to prevent anyone from accessing the account, you should maintain control over Vhotopia ready devices that are used to access the service and not reveal the password associated with the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, us and our partners from identity theft or other fraudulent activity.
Content Ownership. We do not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, we and our licensors exclusively own all right, title and interest in and to Our Content and all associated intellectual property rights.You acknowledge that Vhotopia and Our Content are protected by copyright and trademark. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Vhotopia or Our Content. For greater certainty, if you incorporate any of Our Content into your User Content (for example, images, designs or filters that we provide that you add to User Content you create or share), we will retain all rights, title and ownership to Our Content and any derivatives thereof.
Rights in your User Content. By making any User Content available through Vhotopia, you hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, worldwide, royalty-free license, with the right to sublicense, to: (i) use, copy, modify, adapt, communicate, make available, distribute, publicly display, publicly perform and do all other acts comprised in any intellectual property rights in or to your User Content in connection with operating Vhotopia and providing services to you , in any form, format, media or media channels now known or later developed or discovered; and (ii) optimize and improve the functions of Vhotopia. In the event that such User Content contains the personal information, likeness and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such information and that we and our sub-licensees are allowed to use them to the extent indicated in this Agreement.
Your Responsibility for your User Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under this Agreement. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through Vhotopia, nor any use of your User Content by us on or through Vhotopia will infringe, misappropriate or violate any third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable laws, rules or regulations.
Removal of User Content. You can delete your User Content at any time by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed, and copies of your User Content may continue to exist on Vhotopia or outside of Vhotopia. In addition, User Content you delete may persist for a limited period of time in backup copies. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content on your device. Further, where your User Content is publicly available (such as those you shared to any other third-party platforms), you acknowledge that we cannot control whether people will copy or reproduce such User Content and how they are going to use such copies of such User Content, and we have no responsibility in this regard. You agree that to the maximum extent permitted under applicable laws, you will not have any claims against us arising from or relating to third parties using image, design, video and other materials that derive from or are based on your User Content in any form, including, in particular, publishing on the Internet. Although we have no obligation to screen, edit or monitor User Content, we shall also have the right to delete or remove any User Content in our sole and absolute discretion and without notice to you.
Rights in Content Granted by us. Subject to your compliance with this Agreement, and subject to the license terms in Section 5 of this Agreement with respect to Virtual Goods, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to, during the term of this Agreement, access and view the Content (excluding your User Content) solely in connection with your permitted use of Vhotopia and solely for your personal entertainment, study, research or appreciation purposes that are non-commercial. You shall not use Content (excluding your User Content) for any commercial purposes without our prior written consent.
Vhotopia may include advertisements in connection with providing Vhotopia to you, which you acknowledge that it supports the provision of the services by us and hence is reasonable and legitimate. You agree to receive advertisements made available to you by us or third-party partners while you are using Vhotopia. Subject to our compliance with any applicable laws related to the provision of advertisements, we do not select, review or screen advertisements and are not a supplier of any of these products or services. We make no representations or warranties as to the goods or services of any advertisers, whether express or implied all of which are hereby disclaimed. You should carry out your own enquiries as to any product or service advertised via Vhotopia to ascertain its quality, suitability, availability or other characteristics and verify any claims or descriptions relating thereto. Unless otherwise stipulated by applicable law, we are not liable for any of your losses or damages arising from or in connection with the transactions performed by you based on such advertisements or the content provided by the advertisers.
We welcome feedback, comments and suggestions for improvements to Vhotopia (the “Feedback”). You can submit the Feedback by emailing us at support@vhoto.ai (please quote “Vhotopia” in your email title), or by using the “Feedback” feature in the App/website. You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
Subject to your compliance with this Agreement, we grant you a limited, royalty-free, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes as expressly permitted by this Agreement, unless otherwise stated herein. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in this Agreement, 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. We reserve all rights in and to the App not expressly granted to you under this Agreement.
If anyone brings a claim against us, our affiliates or service providers, and/or each of our or their respective officers, directors, agents, joint ventures, employees or representatives, arising from or in connection with your acts or omissions relating to use of Vhotopia or the provision of User Content, including, without limitation, actual or alleged violation of any laws, rules, regulations or other legal rights, or any breach of any term in this Agreement, you will indemnify and hold us and each of the parties identified above harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
You agree to use Vhotopia at your own risk. Vhotopia is provided on an “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory, all of which are hereby disclaimed to the maximum extent permitted under applicable law. Without limiting the generality of the foregoing, we specifically disclaim any warranties relating to title, merchantability, fitness for a particular purpose and non-infringement. We do not make any representations or warranties that access to any part or feature of Vhotopia, or any of the materials contained therein, will be continuous, uninterrupted, timely, error-free, or secure. Operation of Vhotopia may be interfered with by numerous factors outside of our control. We make no representation or warranties as to the quality, suitability, usefulness, accuracy, or completeness of Vhotopia or any materials contained therein.
To the maximum extent permitted under applicable law, we will not be liable to you for any loss of profits, loss of anticipated savings, loss of opportunity, loss of reputation or any consequential, special, indirect, or incidental damages arising out of or in connection with this Agreement and/or your use of Vhotopia, even if we have been advised of the possibility of such damages except in the cases where our intentional act or gross negligence causes loss or damage to you. If to any extent our liability is not or cannot be excluded, the aggregate liability of us, our affiliates, and service providers, or any of our or their respective officers, directors, agents, joint venturers, employees or representatives, to you or any third parties in any circumstance is limited to the lessor of: (i) the actual fees paid to us by you in the preceding three (3) months; and (ii) US$100 dollars. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted.
To the maximum extent permitted under applicable laws, we are not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents and our affiliates and service providers, or any of their respective officers, directors, agents, joint venturers, employees or representatives, from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. Vhotopia may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risks arising from, your use of any third-party websites or resources.
Your use of Vhotopia may be affected by force majeure circumstances or other factors, including, but not limited to, the following: political or social circumstances, natural disasters, economic crisis, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures of communication lines or computers or other matters beyond our control (hereinafter collectively referred to as “Force Majeure Events”). In the event of the occurrence of any Force Majeure Events, for the duration of such Force Majeure Events, we shall have no liability to perform any of our obligations affected thereby, which obligations shall be suspended, and we shall not have any liability for losses you may sustain that are attributable to any Force Majeure Events to the maximum extent permissible by applicable law.
Except as otherwise stipulated in this Agreement, we shall have the right to modify, suspend, or terminate the operation of Vhotopia and/or your access to Vhotopia at any time, in our sole and absolute discretion and without any notice. We shall assume no responsibility for any such modification, suspension or termination. It is your responsibility to appropriately update, backup and transfer the data generated and arising in connection with your use of Vhotopia. Upon any such cancellation, suspension or termination, the following Sections of this Agreement will survive: Sections 3 to 8 and 10 to 17.
We have the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of Our Content, User Content and other material on the App and the website (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on the App and the website, please notify us in writing immediately in the form and containing the information prescribed by applicable law (“Infringement Notice”). All Infringement Notices shall be sent to us by email to support@vhoto.ai (please quote “Vhotopia” in your email title) or mail to Room C201, No. 396, Jiahe Road, Huli District Xiamen, Fujian.
Where we remove any Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against us under applicable law which you may have in respect of any Infringing Material appearing on the App and the website prior to such removal by us. To the maximum extent permitted under applicable laws, you acknowledge and agree that we have no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on linked sites or other third-party sites.
This Agreement is established, entered into force, and shall be enforced and interpreted under the laws of Hong Kong, without regard to its conflict of law provisions. Any disputes arising hereunder shall also be resolved in accordance with the laws of this jurisdiction. You agree to submit any dispute between you and us to the exclusive jurisdiction of Hong Kong. If any provision of this Agreement is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and bind upon you and us.
Inherent Risks. You accept and acknowledge that there are inherent risks associated with utilizing an Internet-based service including, but not limited to, the risk of failure of hardware, software and Internet connections, the risk of malicious software introduction, data loss, and the risk that third parties may obtain unauthorized access to your User Content or account.
Acceptance of Risks. You understand and agree that you have fully considered the risk of data provided and transmitted through the Internet to Vhotopia’s servers and are willing to take the risk. You hereby confirm that you will undertake and accept the consequences of any data loss. We will assume no responsibility for any data loss that is not solely caused by us.
The following specific provisions apply to users in Brazil:
20. Specific Terms for Users in the European Union and the United Kingdom.
The following specific provisions apply to users in the European Union and the United Kingdom:
(i) In addition to the choice of law made in Section 17, the following shall apply: The statutory provisions limiting the choice of law remain unaffected. In particular, within the territorial scope of Article 6(2) of European Union Regulation (EC) No. 593/2008 (so-called “Rome I Regulation”) the following applies: If the law of the country where you, as a consumer, at the time of conclusion of the contract have your habitual residence (hereinafter “right of residence”) contains provisions for your protection which may not be deviated from by agreement under the right of residence, the (more favorable) provisions of the right of residence apply to you. Therefore, you enjoy the protection of the mandatory provisions of the right of residence despite the choice of law pursuant to Section 18.
(ii) With regard to the Virtual Goods and Subscription Service, the following shall apply: In accordance with the EU Directive 2011/83/EU and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulation 2013, consumers, within the territorial scope of the Directive and Regulations (as applicable), generally have a statutory right of withdrawal/cancel when concluding a distance selling contract, about which we will inform you below in accordance with the statutory model instructions on withdrawal.
Addendum 1
AI Terms of Use
These AI Terms of Use (these “AI Terms”) is an addendum to our Terms of Services in relation to your use of our AI features made available to you (“AI Features”) and should be read in conjunction with our Terms of Services and Privacy Policy. If there is any conflict or inconsistency between our Terms of Services, Privacy Policy and these AI Terms, these AI Terms shall prevail in respect of the AI Features. Unless otherwise defined, capitalized terms used herein shall have the same meaning as defined in the Terms of Service.