GoArt
Terms of Service
BEFORE THE USE OF ANY GOART SERVICE (“SERVICE”), YOU ARE REQUIRED TO READ, UNDERSTAND AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE CONDITIONS SET FORTH IN THIS DOCUMENT, PLEASE REFRAIN FROM USING OUR SERVICE.
The following Terms govern the contractual relationships between you (hereinafter, also referred to as “User”) and Chengdu Everimaging Science and Technology Co., Ltd. (hereinafter, “Company” or “we”). Company reserves the right to modify or discontinue, temporarily or permanently, the Terms of Service in whole or in part with or without notice at any time. User agrees that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of service. Please also read our Privacy Policy which details how we securely handles your personal information.
1. Service Registration and Login
In order to enter Service and to manage your subscription, you need an ID protected by password. You may be logged into our service using supported third-party accounts as well.
2. User Content
2.1 By using Service, User agrees that all content, whether publicly posted or privately transmitted, is the sole responsibility of the person who has generated, transmitted, shared or posted such content. This means that you, not Company, are entirely responsible for all content at every stage. This includes editing, uploading, posting, sharing, emailing or otherwise transmitting or making available content via any of the Service provided. We do not guarantee the storage of content and is not intended as a back-up solution. You should back up all content that you consider important. We are not responsible for content that is lost or damaged.
2.2 You shall not to upload any of the following to Service:
  • Content that is unlawful, abusive, obscene, pornographic, profane, harmful, threatening, harassing, vulgar, defamatory, libelous, invasive of another's privacy, or hateful racially or ethnically.
  • Content that you do not have a right to edit, upload, post, share, email or otherwise transmit or make available according to any law, or due to contractual or fiduciary relationships. This includes inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
  • Content that could infringe copyright or other proprietary or intellectual property rights without the explicit permission of the owner and the persons (or their parents or legal guardians, where applicable) who are shown in the content, if applicable.
  • Content that assists to generate or spread malicious rumors or fake news.
  • 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 hardware or telecommunications equipment.
  • Unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other similar forms of solicitation.
2.3 You acknowledge that we do not pre-screen content, but that we shall have the right (but not the obligation) to refuse, remove or move any content at its sole discretion, either permanently or temporarily, because that content violates the codes of conduct or regulations. You agree to evaluate and bear all risks associated with the use of any service provided by Company and is responsible for any content that you edited, uploaded, posted, shared, emailed or otherwise transmitted or made available via any of the service provided, including the safety and accuracy of such content.
2.4 We respect intellectual property of others and we ask our User to do the same. We will investigate notices of alleged infringement promptly and will take appropriate action as per applicable intellectual property laws with respect to any alleged or actual infringement. If you believe that your work has been copied in a way that constitutes infringement on your copyright or other rights, please contact support@fotor.com and provide us with the following information:
  • A description of where the content in question is located, including details and directions that will assist our staff in locating it on a specific place.
  • A description of the copyrighted work or other intellectual property that you claim has been infringed. Additional information or documents will be required to prove that you are the copyright owner of the work or the authorized agent.
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. This shall be accompanied by the person’s address, telephone number, and email address.
3. Paid Service and Subscription
3.1 Paid Service: the use of certain Service may be subject to payment in advance.
3.2 Subscription: an additional agreement made between User and Company, which requires User to pay for access and/or license of GoArt Effect items for a specific period of time. Company independently determines the price of Subscription. Company reserves the right to change its Subscription Fees at any time, upon notice to User if such change may affect User’s existing Subscription.
3.3 Subscription Period: one month or twelve months, depending on the specific Subscription that User chooses. Usually, a Subscription will start on the day of successful payment (“Payment Date”) and end on the same day of the next month or of the next year. Exceptionally, if User’s Payment Date is on the 29th, 30th or 31st of a month, while there is no same day next month or next year, Subscription will end on the last day of the next month or on the 28th February next year.
3.4 Recurring Billing: a payment model widely seen in subscription business to charge User on a regular billing schedule. In Service, Recurring Billing is based on Subscription Period. Unless User voluntarily cancels Subscription or withdraws permission, we will charge User at the end of each Subscription Period. Exceptionally, if User’s Payment Date is on the 29th, 30th or 31st of a month, while there is no same day next month or next year, next Payment Date will be automatically shifted by the system to an earlier date, say, either on the last day of the next month or on the 28th February next year.
3.5 User agrees that subscription fees paid by User are NOT REFUNDABLE. If subscription fees are paid through App Store or Google Play, payment/refund policies of such stores shall apply.
3.6 If User’s account or any Subscription is canceled (whether at User’s request or at our discretion), it may cause or result in the loss of user data, features, or capacity of User’s account. We shall not be liable in any way for such loss or for saving a backup.
3.7 Effect of Expiration of Subscription: once User’s Subscription ends, User is not allowed to use Paid Service, modify Final Work or utilize the downloaded content to produce a new Final Work. In addition, User’s Final Work completed within the Subscription Period must be published within 30 days after the termination of the Subscription. Unless otherwise restricted by third-party copyright owners, User may keep in perpetuity the Final Work already published within 30 days after the termination of the Subscription.
3.8 Service is presented to User on different platforms. Each of the platforms has its own Subscription and payment policies. As the platforms are designed based on different pricing models, the payment of Subscription on one platform is NOT transferrable to another. User agrees that the fees paid on one platform will only allow User to access Subscription on that platform according to its specific payment terms.
3.9 Subscription Renewals: in order to ensure that User does not experience any interruption or loss of Service due to the lapse of any particular Subscription Period, the Subscription operates with automatic renewal with Recurring Billings. User may discontinue to use and request to cancel Subscription, in accordance with the terms herein. The effective date for cancellation of Subscription shall be at the end of User’s current Subscription Period.
3.10 Legacy: User who had paid for individual item(s) in older versions of GoArt can continue using such item(s) only if these items are still available in current version. Meanwhile, if User likes to use items that were not previously purchased or new features that are recently developed, User shall pay Subscription Fees in current version.
3.11 Paid Service is limited to User’s own use. User shall not resell, offer or share the Paid Service with any third party.
4. Intellectual Property Rights of GoArt
4.1 Service
Service and any related software, images, webpages, text, tables, layouts, electronic documents used in connection with GoArt contain proprietary content that belongs to Company. They are protected by applicable intellectual property laws. Except as expressly authorized by Company, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Service, in part or in whole. You also agree not to monitor, copy, transmit, present or upload any part of Service. You are not allowed to create mirror service to host any part of Service or to use it in similar/competing service with Company. We grant you a personal, non-transferable and non-exclusive right and license to use the service on a single device, provided that you shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code. You agree not to access Service by any means other than through the interface that is provided by Company for use in accessing Service. Company reserves all rights that are not explicitly granted to User.
4.2 GoArt Effect
4.2.1 Final Work: an end product or design work that has been downloaded or exported as non-editable picture or PDF file. Such picture or PDF file has been created by User using User’s own creative elements, independent skills and effort, in addition with GoArt Effect items.
4.2.2 Commercial Use of Final Work (or abbreviated as “Commercial Use”): the use of the Final Work in connection with the operation of a business and/or any advertorial use. For the avoidance of doubt, a Commercial Use does not allow any sublicensing.
4.2.3 Personal Use of Final Work (or abbreviated as “Personal Use”): the use of the Final Work in connection with personal non-profit purpose. For the avoidance of doubt, Personal Use shall not include any use for commercial purposes. It’s only applicable to natural persons.
4.2.4 For items of GoArt Effects, Company grants the following license to User.
License Typical Scenarios User Category License Description
Commercial Use Business social media, e-commerce, shop decoration, business presentation, advertisement, illustrations in books or e-books, restaurant menu, coupons, promotional posters, business invitation, etc. Users under Subscription Right to use both free and paid items to create Final Work for both Commercial Use and Personal Use
Personal Use* Greeting cards sent to friends or family members, resume, wallpaper of personal computer, illustration in a thesis, student event in a school or university, etc. Free users Right to use free items to create Final Work for Personal Use only
* Personal Use is only applicable to natural persons.
(1) Commercial Use License
Company grants User under Subscription a personal, global, non-exclusive, non-sublicensable, non-transferrable right of using GoArt Effect items to create their Final Work for commercial purposes within the Subscription Period. This license allows User of Subscription to publish the Final Work during the whole Subscription Period and within 30 days after the termination of the Subscription.
For the avoidance of doubt, such right does not include the use of any of the GoArt Effect items in part or in whole, nor the use of their derivative works, for any service that are similar or competing with GoArt Service, regardless of whether such service is paid or free. Company reserves all rights that are not explicitly granted to User.
(2) Personal Use License
Company grants User a personal, global, non-exclusive, non-sublicensable, non-transferrable right of using GoArt Effect items to create their Final Work for Personal Use. Final Work with a Personal Use License shall not be published for commercial purposes and its number of prints shall not exceed 200. Particularly, User agrees, Company shall be entitled to seek indemnification from User, if User makes available a Final Work with only Personal Use License in a commercial context.
4.2.5 Client work
To facilitate your use of GoArt Effect items, you may utilize them to create Final Work on behalf of your client in condition that you buy a proper Subscription for your client as well and that your client agrees to be bound by these Terms of Service. Your client must only publish the Final Work during their Subscription Period and within 30 days after the termination of their Subscription.
5. Third-party Intellectual Property
Unless explicitly stated or indicated, sample images, sample videos and sample music (hereinafter, collectively as “Sample Works”) in Service, including other rights (fonts, trademarks, industrial designs, portraits etc.) contained in such Sample Works, are for illustrative purpose only. Company has obtained license from copyright owners to use these Sample Works but they are not licensed to User, regardless of whether User is subscribed to Paid Service. If such Sample Works are to be used in your Final Work, you need to otherwise seek permission from their respective copyright owner.
6. Choice of Law & Dispute Resolution
6.1 Choice of Law
These Terms are governed by and construed in accordance with the laws of the People’s Republic of China, without giving effect to any conflict of law principles.
6.2 Dispute Resolution
You and the company you represent agree, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of Service (collectively, “Disputes”) shall be settled by lawsuits.
You agree that Disputes between you and Company will be resolved by binding, individual lawsuit and you waive your right to participate in a class action lawsuit.
Unless you and Company both otherwise agree, the lawsuit shall be under the jurisdiction of a People's Court in Chengdu City, Sichuan Province, China. Company shall not be liable for any legal fees and/or other costs incurred prior to receiving complete notification of the claim.