Terms of Use

Thank you for choosing us. Before starting, please read the Terms of Service carefully. The following Terms of Service outlines the terms and conditions of use of and access to the Contents and Services provided by AiFacer Swap Limited.

These Terms and the Privacy Policy (together, the “Agreement” ) constitute a legally binding agreement between you and us, so please read them carefully.

By using and/or accessing our Services, you are signifying your acceptance on behalf of yourself or those you represent (“you”) to adhere to and to be legally bound by the Terms of Service entirely, which includes bearing any charges incurred from using our Services. The Terms constitute a binding legal agreement between you or those you legally represent and us, which will regulate your utilization of and access to our Services, through any means or mediums.

If these Terms are being accepted on behalf of your employer or another entity, you affirm and warrant that: (i) you possess the full legal authority to commit your employer or such entity to this Agreement; (ii) you have comprehended the Agreement; and (iii) on behalf of the party you represent, you agree and consent to the Agreement.

By creating an account for our Services, you represent that you are eighteen (18) years of age or older, or at least the legal age of majority where you reside or access the Services, or that you are a valid legal entity. In addition, you confirm that the registration information that you have provided to us is accurate and complete.

We will periodically update the Terms of Service accordingly without prior notice, and unless otherwise stated, each update takes effect from the moment the revised Terms are published on the Site. You understand and agree that it is your responsibility to periodically review these Terms and stay informed about the current rules and obligations. If you continue to use the Services after these changes, you are expressing agreement with the updated Terms. However, if you disagree with the updated Terms, you are at liberty to end your relationship with us any time after their effective date by closing your Account and/or discontinuing access to our Services. The most current version of the Terms is always available on the Site.

We are committed to protecting your privacy and does not collect or record browsing history, traffic destinations, DNS queries, credit card or payment information, IP addresses and other sensitive information. We only collect certain non-sensitive information for the purpose of enhancing user experience, such as the country-level location data, device system information, subscription status and subscribed packages, etc. Be assured that we do not distribute any user information to third-parties, nor collaborate with any requests for such data unless required by a valid court order.

Detailed information about our data collection procedures is thoroughly documented in our Privacy Policy, accessible on our Website. Please thoroughly review the Privacy Policy to fully understand our data handling practices, your rights, our obligations and our sustained commitment to data protection.

To find more details, please refer to our Privacy Policy.

Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-sublicensable, non-transferable, non-assignable, fully revocable, and personal license for your private and non-commercial activities to download, install, and use a copy of the Services and proprietary Software on a compatible device that you own or control. Any modification, distribution to unauthorized parties, reverse engineering, reselling our Services, allowing other people to use your Account, or other use of the Services in a way not explicitly authorized by us is strictly prohibited under these Terms may result in the suspension of your Account.

The terms also assert that no additional rights or licenses, whether express or implied, are granted to you concerning the Services and/or Software. As between You and us, we retain all intellectual property rights (including all patent, trademark, copyright, trade secret and other proprietary rights) in and to the AiFacer Swap App, all AiFacer Swap services and content in connection therewith.

Whenever you use the application, products, or services, you must comply with these terms and conditions, applicable laws, regulations, and policies. We reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions.

As a condition of your use of this application and any of the Services, you agree not to
1. Use it for any purpose that is illegal under applicable law or banned by the terms and conditions of the Term of Use and End User License Agreement;
2. Defame or disparage any other person, both legal and physical, or make obscene, derogatory, or offensive comments, or otherwise use this Website and/or the Services or their content in a way that brings AiFacer Swap or any third party into disrepute or makes AiFacer Swap liable to any third party;
3. Create derivative works from, or exploit in any way, this application and/or the Services or their content.

We may offer you third-party content or links to external websites. Please note that we do not have control over these third parties, and their availability and terms of use may differ from us. We are not responsible for the availability of third-party content as they are not controlled or supervised by us. Your access to any third-party website, service, or content through our Services does not establish any relationship between us and the respective third party.

If (i) you violate our usage policy, (ii) you violate any applicable laws, or (iii) laws or regulatory authorities prohibit it (for example, when providing our services becomes illegal in your country/region), we may suspend (for clarification, investigation, or to request an explanation of your actions) or terminate your account and/or services.

Under certain conditions, we will provide you with an opportunity to remedy the situation before suspending or terminating your account and/or services. However, if your account has already been suspended, you must contact us for further information. We may (but are not obligated to) keep it suspended for a reasonable period before permanently terminating your account.

The licence granted herein, as well as any other licences (if any), will terminate without notice immediately upon expiry of your account subscription or termination for any of the reasons set out in these Terms.

AiFacer Swap Limited reserves all rights and owns all the visual interfaces, information, servers, products, software, graphical materials, and all other elements of AiFacer Swap. Software used under these Terms is licensed, not sold, and you do not acquire title or ownership to any copies or the Software itself, nor to the Services and Website. We retain all right, title and interest in and to the Services, Software, Website, and any portion thereof, unless expressly stated otherwise.

we are providing this service on the “as-is” and “as-available” basis without warranty or representation of any kind. We do not guarantee the Services will meet your requirements, as in continuous availability of the Service or any specific feature(s) of the service. To the full extent permissible by applicable law, we disclaim all warranties of any kind, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising through course of dealing, course of performance, or usage of trade. You acknowledge that you access the Website and Services at your sole risk and discretion.

Reasonable efforts are taken to improve the accuracy and integrity of the Services, but we give no warranty or representation that the Services will be wholly free from defects, errors, and bugs, such as downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other. The Service (coverage, speed, quality, and server location) may vary, and the Service is subject to unavailability including but not limited to third-party service failure; emergencies; equipment, transmission, or network limitation or issue; interference or signal strength. We are not responsible for any failure to maintain the accuracy, quality, security, and confidentiality of your data, message, or pages whether or not related to interruptions or performance issues with the Service.

Notwithstanding any other provision of the Terms, we reserve the right to impose usage or service limits, suspend service, or block certain kinds of usage in our sole discretion.

We DO NOT charge you for using our applications, unless you subscribe for member services via Apple App Store. For the rates of the service fees, please refer to the price displayed on the applications.

PLEASE NOTE that any subscription transaction will be addressed by third-party payment providers, like Apple App Store, instead of AiFacer Swap. And therefore, you should carefully read and ensure that you agree to their Terms of Service and Privacy Policies before make any payments through them.

According to App Store policies, a premium membership unlocks all the packs and content. This is an auto-renew subscription. Subscriptions will automatically renew, and you will be charged for renewal within 24 hours before the end of each period unless auto-renew is turned off at least 24 hours before the end of each period. The subscription fee will be charged through the payment channel tied to your iTunes account. You can manage all your subscription settings by going to the Apple iTunes payment channel.

If you have any questions regarding your payment, you shall either contact us or contact the corresponding Store within 48 hours after the payment made.

UNDER NO CIRCUMSTANCES ARE WE, OUR AFFILIATES, OR OUR SUPPLIERS LIABLE TO YOU FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (B) THEFT OF PERSONALLY IDENTIFIABLE INFORMATION OR COST OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES, AND © DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR NEGLIGENCE OF ANY KIND, OR FOR ANY OTHER NONDIRECT DAMAGE OR LOSS.

IN NO EVENT WILL OUR, OUR AFFILIATES’ OR OUR SUPPLIERS’ AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES EXCEED THE PRICE YOU PAID FOR THE APPLICABLE SOFTWARE OR SERVICES, OR US$ 10 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY).

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS AIFACER SWAP, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARTNERS, AGENTS, AND SUPPLIERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, PARTNERS, AND AGENTS, FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE CONTENT AND SERVICE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT. WE MAY, AT OUR SOLE DISCRETION, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. THE ASSUMPTION OF SUCH DEFENSE OR CONTROL BY US, HOWEVER, SHALL NOT EXCUSE ANY OF YOUR INDEMNITY OBLIGATIONS.

If any provision of the Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of the Terms shall remain in full force and effect. This provision shall be interpreted in a manner consistent with applicable law to reflect the original intent of the provision. The failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision or be deemed a waiver of any subsequent breach or default.

This Agreement shall be governed by and construed in accordance with the laws of USA, without regard to the principles of conflicts of law of any jurisdiction.

By agreeing to these Terms and/or using the Services, you agree without reservation that any disputes arising from or relating to the Terms or the use of the Services will be exclusively resolved by the competent courts located in USA.

If you have any questions about this terms of use, please contact us at aifacer.swap@gmail.com.