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.

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.

2.1 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:

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:

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.

* 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.

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.

6.1 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.