End User License Agreement

Smoke Name Art Maker

(Last Revised: December, 2023)

These End User License Agreement (“EULA”) constitute a legal agreement between the developer and owner of Smoke Name Art Maker (“Company”, “we” or “us”) and the user of our mobile applications (respectively, “User”, “you” and “App”). These EULA governs your usage of the Apps and the Services offered therein (as defined below).

Please read this EULA and our Privacy Policy carefully, and make sure you understand and agree with them. By installing the Apps, creating an account, using our Services or subscribing use our paid Services, you hereby represent and warrant you have read, understood, and you agree to be bound by this EULA. If you do not agree to be bound by this EULA, or any part thereof, you should cease all use of the Apps and Services, delete your account and uninstall the App.

ACCEPTANCE OF THE EULA: PLEASE READ THESE EULA CAREFULLY BEFORE DOWNLOADING OR USING THE APP AND SERVICES. YOU ACKNOWLEDGE THAT THESE EULA CONSTITUTES A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND THE COMPANY. WHEN INSTALLING AND USING THE APP AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE EULA, AS WELL AS TO USE THE APP AND THE SERVICES OFFERED THEREIN ACCORDING TO THE PROVISIONS SET FORTH HEREIN, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE APP. IN THE EVENT YOU DO NOT AGREE WITH THE PROVISIONS OF THESE EULA, OR ANY PART HEREOF, YOU MAY NOT USE THE APP, AND UNINSTALL, WHERE APPLICABLE.

Age Limitation and Eligibility

You hereby represent and warrant that you are at least 16 years old and eligible to enter into these Terms. You further represent and warrant that you are not prohibited by any authorized authority, judicial order, or law to enter into any agreement.

Amendments

We reserve the right to periodically amend or revise these EULA, at our discretion. Such amendments shall be effective as of the “Last Revise” heading located at the top of these EULA. We will make a reasonable effort post notification in the event that, at our discretion, the changes made are material. We recommend that you review these EULA periodically as your continued use of the App and Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

App, Services

Depending on the App you choose to install we may offer you various services, such as: picture and video editing, utilities, gaming enhancers, device wallpapers, WhatsApp supported app, notification shade apps and accessibility featured apps, etc. (collectively, the “Services”). The Services are contingent upon availability and continuity of internet connection. Lack of connectivity or disruptions to connectivity may prevent the use of the Services. The Company, at its sole discretion, and subject to this EULA, is entitled to determine the features, settings, pricing, or other tools which are available as a part of the Services or modify, correct, amend, update, upgrade, enhance, improve, remove, replace or make any other changes to, or discontinue, or cease, temporarily or permanently, any features or functionalities of the Services, with or without notice, without incurring any liability to you.

Application Stores Terms And Third-Party Ads

You acknowledge and agree that the availability of the Apps is dependent on the third party from which you have downloaded or install such apps App Store, Google Play, and/or other app stores (each “App Store” and collectively, “App Stores”). You also agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable agreements, terms of use or terms of service, and other policies of the applicable App Stores. Certain features within the App are provided by our third-party service providers and are subject to their separate terms and conditions or privacy policies. Further, the Services may contain links to third party websites or resources and advertisements for third parties (collectively, “Third-Party Ads”). Such Third-Party Ads have separate terms of use and policies and we shall not be liable or responsible for the acts of any of those Third-Party Ads. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads

Registration and Account

In order to access or use some of the features of the App, you may be required to register by opening an account (“Account”) or by signing in via a third-party tool (such as Google or Facebook) (“Third Party Tool”). If you open an Account, you may be required to provide details and select a password or to otherwise allow us to access your account information through a Third Party Tool (“Login Information”). You must safeguard and not disclose your Login Information and you must supervise the use of such Account. You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us and modify your Login Information. Note that if you choose to create your Account using any Third Party Tool, certain user data that you either provide us or that is accessed through such Third Party Tool (subject to the terms and conditions applicable to such third party), including your user name and photo, may be published on your user profile and may be made available to other users. You must provide accurate and complete information when creating an Account, and to update your information (including any contact information) promptly upon any change. You also agree not to misrepresent your identity or age to open an Account on behalf of someone other than yourself. You undertake to monitor your Account and to restrict use by anyone who is not an eligible user. You accept full responsibility for any use of the Service using your Login Information, including any use of your credit card or other payment instrument. We reserve the right to remove or reclaim any username at any time and for any reason, including in case of claims by a third party that a username violates any third party’s rights or otherwise violate these EULA.

If you wish to change your Login Information or other personal information associated with your Account, you may do so by contacting us at support.smoke@zipoapps.com. If you wish to terminate your Account, your Account will be terminated and removed within a reasonable timeframe following our receipt of your written request, and from the date of termination you will no longer be able to access your Account, including any other Services associated therewith.

Subscription

Certain premium service is subject to subscriptions fees that automatically renew (“Subscription”). Premium features are available subject to a weekly, monthly or yearly Subscriptions or otherwise a onetime payment. Subscription is automatically renewed unless you terminate or cancel the Subscription. The Subscription payment is processed through Apple Pay or Google Pay and subject to the applicable terms and conditions: Google Pay’s Terms of Service are available here; Apple Pay’s Terms and Conditions are available here. You may cancel your subscription plan anytime through Apple Pay or Google Pay, as applicable to you. Should you choose to cancel your Subscription, your access to the paid features will continue through the end of your billing period, as applicable, and expire thereafter, and you may be downgraded to the free Services. To the extent permitted by applicable law, any fees paid for your purchase of a subscription plan are non-refundable, and we do not provide refunds for any partial subscriptions. To read more on the cancelation of a subscription: Apple support page and Google support page. We may offer a free trial for premium features (“Free Trial”) as shall be determined by us in our sole discretion. The Free Trial starts when you register to the Free Trial and is for a limited period of time with an auto renew unless you cancel at least 24-hours before the end of the trial period. The terms of the autorenewal and cancellation procedure will be disclosed prior to making the purchase and are subject to Google or Apple terms. When you sign up for a Free Trial, you agree that we may automatically begin charging you for the Services on the first day following the end of the Free Trial on a recurring periodic basis in accordance with the subscription period you have selected when you sign up for a Free Trial. We will notify you via your email address that your Free Trial period is about to expire before the end of the Free Trial. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE SUBSCRIPTION BEFORE THE END OF THE FREE TRIAL. We reserve the right to limit your ability to take advantage of multiple trials. We reserve the right, at our own discretion, to change any features or functionalities of the Subscription. Changes to the Subscription can be based on various factors, e.g., improving, managing the Services, complying with requirements or legal or technical requirements. Where such changes negatively affect an existing Subscription in more than a limited way, you will be informed and may terminate the Subscription. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Services, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

In App Purchase Terms

Through the App you may purchase (“IAP”) certain goods and special features designed to enhance the performance and user experience of the Services (“Goods”). When you purchase Goods, you are doing it through the Apple Store, Google Play, and/or other app store (collectively, “App Stores” and each an “App Store”), and you are agreeing to their respective Terms of Use. PURCHASES ARE SUBJECT TO APP STORE REFUND POLICIES. As hereinafter provided, Goods are provided “as is” without any warranty. Every purchase, sale, and trade of Goods shall be final and non-refundable, unless otherwise determined by us at our sole discretion. You agree that purchased Goods have no monetary value and do not constitute actual currency or property of any type. The Goods may never be sold, transferred, traded or exchanged through any legally acceptable payment method, goods or other items of monetary value from us or anyone else. You only get a limited, revocable, personal, non-transferable, and non-sublicensable license to use Goods. You acknowledge that you do not acquire any ownership rights in or to the Goods. Any balance of Goods does not reflect any stored value. You may not buy or sell any Goods or your account in exchange for legally acceptable money or otherwise exchange items for any other kind of value through any means other than that established to provide the Services. Once you acquire Goods, you may not trade or transfer the Goods or your account to another user, unless such functionality is provided to you by us by way of a feature or service, whether inside the App or through some other method. We may manage, control, regulate, modify or eliminate Goods at any time, with or without notice, in our sole discretion. We shall have no liability to you or any third party in the event that we decide to exercise these rights. All Goods may be forfeited if your account is suspended or terminated for any reason, at our sole discretion. You will not receive money or other compensation for unused Goods when your account is closed whether such closure was voluntary or involuntary. Certain jurisdictions may provide additional statutory rights, including a Cooling-Off Period which allows you to withdraw from a purchase. Nothing herein is meant to limit your return or withdrawal rights for your purchase of Goods under applicable laws.

Members Club

You may register and become a member of our membership club (“Member” and “Members Club”), which offers discounts, gifts, promotions and other benefits (“Offer”). In order to register you will provide your email, you are solely responsible to ensure you provided an accurate email address. The Membership is for personal use only and is limited to one user per Account. The Membership is for unlimited time, unless the Company decides otherwise. The Company may, in its sole discretion, change, revise or add to the Offer and Offer terms, including but not limited to, add new offers, add eligibility criteria, limit Company’s services that an Offer shall apply to, limit the Offer in time, etc. The Member shall exploit the Offer in accordance to the terms presented therein. By joining the Members Club and accepting this EULA, the Member agrees to receive marketing communication, members promotions, offers, and other communication regarding the services. You may terminate your membership in the Members Club, at any time by sending email to the Company: support.smoke@zipoapps.com. If you terminate your membership, you will no longer receive Members Club’s related communications and Offers. YOU HEREBY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO), LOST OF PROFITS, LOSS OF DATA, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT FROM THE USE OR INABILITY TO USE THE OFFERS AND MEMBERS CLUB’S SERVICES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY LOST OF OFFERS OR REDEEMED DUE TO FRAUDULENT ACTIVITY.

Content

Through the App you may be permitted to upload, post or otherwise make available certain content including, without limitation, text, images, videos, and audio files (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including combine and integrate User Content generated by more than one user. The User Content, including any materials contained therein, have not been verified or approved by us. Whenever you access or use a feature that allows you to upload or otherwise make available certain User Content through the Services, you must comply with the standards set under this EULA, and Company’s copyright policy available here (“Copyrights Policy”). Our Copyrights Policy provide clear information regarding any User Content which is alleged to infringe the copyright of a third party. If you believe any of the User Content, including any part of any of the Apps, infringes your intellectual property rights owned by you or by any third party on whose behalf you are authorized to act, you may submit a copyright infringement notice as further detailed under the Copyright Policy.

You hereby warrant that you will upload User Content through the App in full compliance with all applicable laws, rules, regulations and policies we make available to you, and you will be liable to us and indemnify us for any breach of that warranty, including any loss or damage we suffer as a result of your breach of warranty.

Intellectual Property

Subject to the terms herein, the Company grants you a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license for non-commercial purposes, to install the App and use the Services solely for the purposes set forth herein (“License”). Except as expressly stated under this EULA, we or our licensor retain all rights, title ownership, and interest in and to the Services, copyrights and trademarks, images, logos product names, and trade names, to the fullest extent possible under applicable law. We or our licensor reserve all rights in and to the Services which are not expressly granted herein. You acknowledge that all right and interest in the App’s trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications (excluding the Third-Party Management Tools), are our property or the property of our licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the App. Except as expressly granted herein, we retain all right, title and interest in and to our Service, as well as any content provided or made available in connection with the Service (excluding the Third-Party Advertisement).

Representations, Warranties and Acceptable Use Policy

You hereby warrant that: (i) you are eligible to enter into these EULA and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; (ii) you are of legal competence to enter into these EULA and you are at least thirteen (13) years of age; (iii) you have all proper authorization, if you are acting on behalf of a corporation, to enter into these EULA; (iv) you are either the owner or an authorized user of the device in which the App is installed, as well as the Third Party Advertisements’ license used for the Services; (v) you will install the App and use the Services only in accordance with our instructions; (vi) you will use the App and Services in full compliance with all applicable laws, rules and regulations. Except as expressly provided under these EULA, you may not, nor may not enable anyone else to, directly or indirectly : (i) change, modify, edit, create a derivative work of, alter or bypass any feature of the App;(ii) assert any proprietary rights in or to the App, nor remove, amend or impair any notices of proprietary rights; (iii) disable, interfere, or circumvent with security-related features of the App or impair its performance; (iv) use, access or attempt to use or access the App with malicious codes or any automated means, such as scraping, crawling or any robot, spider etc. (v) use the App and Services to promote, conduct, or contribute to fraudulent, illegal or any other inappropriate activities; (vi) change, modify, decompile, disassemble, reverse engineer, translate, make any copies of, circumvent, hack, or any temptation to extract the source code of the App.

Disclaimer

THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, SUITABILITY, MARKETABILITY, INCOMPLETENESS, APPLICABILITY, RELEVANCE OR SERVICE LEVEL. THE COMPANY DOES NOT WARRANT THAT THE APP IS OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE NOR THAT THE APP WILL BE FREE OF ANY ERRORS OR BUGS, OR THAT THE COMPANY WILL TAKE ACTIONS IN ORDER TO CORRECT THOSE ERRORS. THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM TECHNICAL ISSUES IN THE APP OR SERVICES, AND SPECIFICALLY IN THE THIRD-PARTY MANAGEMENT TOOLS, TO THE USER OR ANY THIRD PARTY. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE APP OR THE SERVICES WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT SPECIFIC TIME. IN ADDITION, THE COMPANY HAS NOR RESPONSIBILITY OR LIABILITY FOR DAMAGES OR ERRORS, FROM ANY KIND, RESULTED FROM THE THIRD-PARTY MANAGEMENT TOOLS OR DUE TO THEIR INTEGRATION THROUGH THE APP. THE USER’S USE OF THE APP OR SERVICES IS AT THE USER OWN RISK AND RESPONSIBILITY.

THE APP AND SERVICES ARE DESIGNATED TO PROVIDE SUPPORT AND SUPPLEMENTAL SERVICES TO WELL-KNOWN THIRD-PARTY PLATFORMS AND SOFTWARE. IT IS HEREBY CLARIFIED THAT ANY THIRD-PARTY PLATFORM OR SOFTWARE ARE NOT OWNED, AFFILIATED, ASSOCIATED, AUTHORIZED, OR ENDORSED BY US, AND WE ARE NOT IN ANY WAY OFFICIALLY CONNECTED WITH THESE THIRD-PARTY PLATFORMS AND SOFTWARE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ANY USE OF OUR APP AND SERVICES IN CONJUNCTION WITH THESE THIRD-PARTY PLATFORMS IS UNDERTAKEN SOLELY AT THEIR OWN DISCRETION AND ENTAILS COMPLIANCE WITH BOTH OUR TERMS, AND THE RESPECTIVE TERMS, POLICIES, AND REGULATIONS OF THE SPECIFIC THIRD-PARTY PLATFORM.

Limitation of Liability

YOU HEREBY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO), LOST OF PROFITS, LOSS OF DATA, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT FROM THE USE OR INABILITY TO USE THE APP OR THE SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AND AGGREGATED LIABILITY SHALL NOT EXCEED 50$ US. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Updates, Upgrades and Changes

We reserve the right, at any time, to perform any revisions to the App and the Services, included any change, upgrade or update of any feature available therein (“Revisions”). The Company is not obligated to provide any notice regarding such Revisions, in advance or otherwise and shall not be liable for any damages or any other effect resulting from the Revisions. Please note that such Revisions might be automatically installed.

Indemnification

You agree to defend, indemnify and hold harmless the Company and its affiliates, and respective officers, directors, employees and agents from any third-party claims, damages, liabilities, and expenses (including reasonable attorney’s fees) arising from (i) your use of the Services does not comply with this EULA including negligence and wrongful act; (ii) abusing or infringing third party rights through the Services; and (iii) your breach of any applicable law, regulation and policies. This indemnification obligation will survive the termination or expiration of these Terms and the termination of your use of the Services. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any users of the Services, or any Third-Party Ads.

Termination

You may terminate this EULA and your use of the Services at any time. If you wish to terminate your use of the Services, you may do so by: (i) simply stopping using the Services and deleting the App; (ii) sending us a request to delete your Account; or (iii) if you subscribed to a plan, you may terminate such Subscription plan in accordance with the Subscription terms as detailed above. We may terminate this EULA, your access to all or any part of the Services at any time, with or without cause and with or without notice, effective immediately. Such termination may result in the destruction of all information and data associated with your use of the Services. We may change, modify, suspend, or discontinue any aspect of the Service at any time without notice to you and without any liability to you whatsoever in connection therewith, unless otherwise required to do so under applicable law, in which case we will make a reasonable effort to inform you of any significant and substantial changes to the Services that will significantly affect you. Upon the expiration or termination of this EULA, all rights and licenses granted under these Terms shall immediately terminate, and you shall cease your use of the Services. All sections detailed herein, which by their nature are intended to survive termination shall survive termination or expiration for any reason.

Our Privacy Practices

We respect our users’ privacy rights. Please review our Privacy Policy before using the App and Services. Our Privacy Policy is an integral part of these EULA and incorporated herein by reference. We encourage you to periodically review our Privacy Policy.

Dispute Resolution

These EULA shall be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law. Any dispute, claim or controversy arising out of, connected with, or otherwise relating to these EULA and your use of the App or Services will be subject to the exclusive jurisdiction of the competent court in Tel-Aviv, Israel. The limitation in respect to any claim to these EULA, the App and Services shall be limited to twelve (12) months as of the relevant claim, and will be permanently barred afterwards.

Miscellaneous

These EULA constitutes the entire understanding between you and the Company regarding your use of the App and Services. If any part of these EULA is determined to be invalid or unenforceable, such determination shall not affect the remaining provision, which will remain valid and in full force. You may not assign or transfer any of your rights in under these EULA. The Company may assign its rights and obligations under these EULA to any third party at its sole and absolute discretion. In no event a failure of the Company to enforce any rights or to take action shall be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. In no event the Company shall be deemed in breach of these EULA if the Company is unable to provide the App, the Services or any part thereof.

Contact Information

If you have any questions, please contact us at: support.smoke@zipoapps.com