This Terms of User Agreement ("Agreement") governs your access to and use of mobile applications (each, an "App" and collectively, "Apps") and related services (collectively, the "Services") provided by 100Real and its affiliates ("100Real", "us", or "we"). By accessing, browsing, or using the App or any part of the Services, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not agree to this Agreement (including, if you are in the United States, the mandatory arbitration provision and class action waiver in Section 13A), please do not access or use the Services.
1.Eligibility
You must be at least 13 years old to access or use the Services. In certain cases, this age may be higher due to local regulatory requirements or Distribution Channels (as defined in Section 13). The Services are not intended for individuals under the age of 13. If you are under 18 years of age (or the age of legal majority in your jurisdiction) but over 13, you may only access or use our Services with the consent and supervision of a parent or legal guardian who agrees to be bound by this Agreement. As a parent or legal guardian, you agree to be fully responsible for the actions or omissions of any minor user in connection with accessing and using the Services and are expected to monitor their usage regularly. If you are accessing or using our Services on behalf of another person, you represent that you are authorized to accept this Agreement on behalf of that person and that the person agrees to be responsible to us if you or they violate this Agreement. Our Services are designed to meet personal user needs and are not intended for any entrepreneurial, commercial, or business purposes. If you are a legal entity or an individual accessing or using these Services on behalf of a legal entity, please opt out of this Agreement and do not use the Services. Individual users may only use our Services for personal use. You are responsible for making all necessary arrangements to access and use the Services and for all activities that occur through your account. This includes maintaining the security of your account. You should regularly change your password and promptly notify us of any unauthorized use of your account. Prohibited uses include but are not limited to: misuse of the Services, fraudulent activities, and infringement of others' rights. We reserve the right to update this Agreement. Any modifications will be communicated to you within the app or through other means. Please review this Agreement regularly to stay informed of the latest terms.
2.Privacy
For details on how we collect, use, and share your information, please refer to our Privacy Policy.
3.User content
Our Services may allow you and other users to compare and share content, including photos, images, graphics, videos, and other materials (collectively, "User Content"). 100Real does not claim ownership of: （1）User Content that you share on or through the Services. （2）Compared Content—User Content compared through the Services that you save or share on or through the Services. Subject to this Agreement and the Privacy Policy, you retain all rights to your User Content. You grant 100Real a non-exclusive, sublicensable, royalty-free, worldwide, fully paid license to use, reproduce, temporarily cache, modify, adapt, create derivative works from, distribute, perform, and display your User Content during the term of this Agreement, solely to provide you with the Services. You acknowledge that some Services are supported by advertising revenue and may display sponsored advertisements and promotions. You agree that 100Real may place such sponsored ads on the Services or as a watermark on Transformed Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice. Unless you are located in the UK or the EU, you acknowledge that we may not always identify sponsored content or commercial communications. If you are in the UK or EU, you agree that all advertisements and promotions are recognized as sponsored content or commercial communications by default. You are solely responsible for the User Content you upload to the Services or make available to us or others through the Services. You represent and warrant that: （1）You own or have the right to use the User Content. （2）You agree to pay for all royalties, fees, and any other amounts owed because of the User Content. （3）You have the legal right and capacity to enter into this Agreement in your jurisdiction. 100Real is not a backup service, and you agree not to rely on the Services for User Content backup or storage. You may not edit, save, post, share, or transform any User Content or Transformed Content that violates this Agreement or for which you do not have all the necessary rights to grant us the above license. To the fullest extent permitted by law, we have no obligation or ability to screen, edit, or monitor User Content, and you are solely responsible for all User Content and Transformed Content that you edit, save, post, share, or transform through the Service. Notwithstanding this, 100Real reserves the right to investigate and take appropriate legal action against anyone who, at 100Real's sole discretion, violates this provision. This includes, but is not limited to, suspending or terminating the subscription of such violators and reporting them to law enforcement authorities. To the extent permitted by law, 100Real will not be liable to you for any modification, suspension, or discontinuation of the Services, or for any loss of User Content or Transformed Content. You will comply with all relevant laws, regulations, and policies applicable in your jurisdiction when transferring your User Content or Transformed Content to 100Real, including, but not limited to, applicable intellectual property rights and data protection and privacy laws. You understand that the technical processing and transmission of the Services, including your User Content, may involve: （1）Transmissions over various networks. （2）Changes to conform and adapt to technical requirements of connecting networks or devices.
4.Prohihited conduct and content
You must not violate any applicable law, breach any contract, infringe any intellectual property rights or other third-party rights, or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You agree to strictly abide by the content of this Agreement and with relevant national laws, regulations, and rules. When accessing or using the Services, you must not: （1）Engage in any harassing, threatening, intimidating, predatory, or stalking conduct or in any illegal/criminal activities such as money laundering. （2）Transmit or publish speech that incites resistance or undermines the implementation of the EU (or your local jurisdiction) constitution, laws, and administrative regulations, speech that harms the public interest of the country and involves national security, speech that incites to subvert state power, speech that undermines national unity; incites ethnic hatred, ethnic discrimination and undermines national religious policies. （3）Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by this Agreement. （4）Incite or instigate others to engage in behavior prohibited by this Agreement. （5）Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden, or impair the functioning of our Services, or the networks connected to our Services in any manner. （6）Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services. （7）Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access. （8）Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services. （9）Display, mirror or frame our Services, or any individual element within our Services, the company's name, any company trademark, logo, or other proprietary information without our express written consent. （10）Delete logos and watermarks, trademarks, or any other protected marks. （11）Further edit any photos or videos with the 100Real logos and watermarks, trademarks, or any other protected marks using your own or any other third-party editing tools. （12）Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content available on or through the Services, including through the use of virtual private networks. （13）Attempt to gain unauthorized access to the Services, the server on which the Services are hosted, or any server, computer, or database connected to the Site or the Services. （14）Attack the Services via a denial of service attack or a distributed denial of service attack. （15）Knowingly introduce to the Services any viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. （16）Use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates this Agreement. （17）Carry out unauthorized access to subscriptions to the Services, provide third parties with the possibility of unauthorized access to subscriptions to the Services (for example, by transferring access), or use any other method of bypassing payment systems to use subscriptions. （18）Transfer subscriptions to the Services purchased in the relevant application store for a certain type of compatible devices to devices of another type. （19）Encourage, assist, or enable any other party to do any of the foregoing. You may also only save, disclose, upload, transform, or share User Content or Transformed Content that is non-confidential and you have all necessary rights to disclose, save, upload, transform, or share. You may not upload, share, select, edit, or transform any User Content or Transformed Content that: （1）Is unlawful, libelous, defamatory, obscene, pornographic, indecent, vulgar, lewd, suggestive, harmful, abusive, harassing, threatening, tortious, discriminatory, excessively violent, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent. （2）Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national, or international law. （3）Does or may infringe, misappropriate, or violate any patent, trademark, trade secret, copyright, or other intellectual or proprietary right (including likeness) of any party. （4）Contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences. （5）Constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation. （6）Impersonates, or misrepresents your affiliation with, any person or entity. （7）Contains any unsolicited promotions, political campaigning, advertising, or solicitations. （8）Contains any private or personal information of a third party without such a third party's consent. （9）Contains any viruses or any other computer code, files or programs, corrupted data, or other harmful, disruptive, or destructive files or content designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment. （10）In our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose 100Real or others to any harm or liability of any type.
5.Limited license; Copyright and trademark
Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, and other content contained therein (collectively, the "100Real Content") are owned by or licensed to 100Real and are protected under the laws of the Republic of Cyprus, the European Union, and other international and foreign laws. Except as explicitly stated in this Agreement, 100Real and our licensors reserve all rights in and to our Services and the 100Real Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and 100Real Content solely for your personal use during the term of this Agreement; however, such license is subject to this Agreement and does not include any right to: （1）Sell, resell, or commercially use our Services or 100Real Content. （2）Copy, reproduce, distribute, publicly perform, or publicly display 100Real Content, except as expressly permitted by us or our licensors. （3）Modify the 100Real Content (except as permitted in the Services), remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or 100Real Content, except as expressly outlined in this Agreement. （4）Use any data mining, robots, or similar data gathering or extraction methods. （5）Use our Services or 100Real Content other than as expressly permitted in this Agreement. Any use of our Services or 100Real Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will result in the automatic termination of the licenses granted under this Agreement. You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the 100Real Content or Transformed Content. You are responsible for keeping the installed App on your device, and your User Content and Transformed Content, securing and maintaining the confidentiality of any password and account details for the App or the Services. You are also responsible for all activities that occur under your password or account or on the App as installed on your device. You agree to immediately notify 100Real of any unauthorized use of the App or your account or any other breach of security. To the extent permitted by law, 100Real will not be liable for any loss or damage arising from your failure to comply with this Section. You can delete the App or reinstall the App at any time. 100Real is constantly improving its Services. Some features or functionality are provided temporarily or for beta testing purposes—to analyze the use of the Services and improve the user experience. 100Real reserves the right to modify, discontinue, replace, or remove any Services (including but not limited to beta Services) temporarily or permanently at any time in 100Real's sole discretion, with or without notice. You agree that 100Real will not be liable to you or to a third party for any modification, discontinuance, replacement, or removal of any Services. Subscriptions to the Services can only be purchased via third-party marketplaces (e.g., through the Apple App Store or Google Play Store). 100Real does not sell any paid subscriptions directly, distribute any paid content, or process payment for any services or purchases directly. By agreeing to this Agreement, users who purchase subscriptions to, or otherwise pay for, the services agree to be bound by the terms and conditions and/or end user license agreements (other legal agreements) with the relevant third-party marketplaces (Apple App Store, Google Play Store, etc.) with respect to such subscriptions or other payments. Please contact the relevant third-party marketplaces for more information. 100Real assumes no liability or responsibility for any payments you make through such third-party marketplaces. If you purchase any subscription through a mobile purchase or third-party marketplace (e.g., through the Apple App Store or Google Play Store), the refund policy applicable to that third-party marketplace will apply. The third-party marketplace will be solely responsible for making refunds under its refund policy, and 100Real will have no refund obligations. 100Real disclaims any responsibility or liability related to any third-party marketplace's refund policy or the third party's compliance or noncompliance with such policy. The Services are not created and are not intended for commercial use. Please note that no licenses or permissions to use 100Real Content or Services, nor your subscription, are transferable to anyone else, and the functionality provided by your subscription and the Services is only for personal use and cannot be used for commercial purposes. For clarity, commercial use entails any use of the Services involving a financial transaction or contributing to financial gain. For example, it is forbidden to edit photos and videos using the Services to provide any services for third parties. 100Real's name and logos are trademarks and service marks of 100Real (collectively the "100Real Trademarks"). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to 100Real. Nothing in this Agreement or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the 100Real Trademarks displayed on or through the Services, without our prior written permission in each instance. All goodwill generated from the use of 100Real Trademarks will inure to our exclusive benefit and you agree to sign any documents assigning such goodwill to us on request.
6.Feedback
Any questions, comments, suggestions, ideas, original or creative materials, or other information you submit regarding 100Real or our products or services (collectively, "Feedback") are non-confidential. We have no obligations concerning such Feedback, including confidentiality obligations. By submitting Feedback, you grant 100Real a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and sublicensable license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works from, and exploit the Feedback in any manner, whether for commercial or non-commercial purposes. This license extends to any use related to the operation and maintenance of the Services or 100Real's business, at our sole discretion.
7.Copyright complaints
100Real respects the intellectual property of others and encourages our users to do the same. To the extent permitted by law, 100Real is not responsible for User Content that is used or transformed by users of the Services. If you believe your copyrights or other protected rights have been violated by User Content or Transformed Content, we recommend contacting the specific users involved, as well as utilizing available internet resources to report this content. Please note that 100Real does not collect or store user data that would assist in identifying such violators.
8.Compensation
To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless 100Real, its beneficiaries, affiliates, and their respective officers, directors, agents, partners, and employees (collectively referred to as the "100Real Parties") from any loss, liability, claim, demand, damages, expenses, or costs ("Claims") arising from or related to: （1）Your access to or use of our Services in any manner not permitted by this Agreement. （2）Your User Content, Transformed Content, or Feedback. （3）Your violation of this Agreement or applicable law. （4）Your infringement or misappropriation of any rights of others, including intellectual property rights and privacy rights. You agree to promptly notify the 100Real Parties of any such third-party Claims, cooperate with them in defending these Claims, and, to the fullest extent permitted by law, cover all associated fees, costs, and expenses (including reasonable attorneys' fees). Furthermore, you acknowledge that the 100Real Parties will have control over the defense or settlement of any third-party Claims. Your obligations under this Section are in addition to any other indemnities specified in a written agreement between you and 100Real or the other 100Real Parties.
9.Disclaimers
Consumers have certain rights under applicable law, and nothing in this Agreement is intended to limit or remove those rights. We do not exclude or limit our liability to you for loss or damage where it would be unlawful to do so. We do not control, endorse, or take responsibility for any User Content or third-party content available on or linked to by our Services. We have exercised reasonable care in providing the Services. However, to the fullest extent permitted by applicable law, your use of our Services is at your own risk, and they are provided "as is" and "as available," without any warranties or conditions of any kind, either express or implied. This includes, but is not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, and non-infringement. While 100Real strives to minimize interruptions and ensure availability, we do not guarantee that our Services are accurate, complete, reliable, uninterrupted, secure, current, or error-free, or that they will meet your specific requirements. Although we aim to make your access to and use of our Services safe, we cannot warrant that our Services or servers are free from viruses, trojans, worms, logic bombs, or other harmful materials. You assume the entire risk regarding the quality and performance of the Services. Please note that the speed, volume, size, and duration of photo and video content processing are subject to technical limitations within our Services and our safeguards against abuse. Additionally, the availability and characteristics of the Services may vary depending on your device, software, and data networks. We are continually improving the functionality of the Services, so stay tuned for updates.
10.Limitation of liability
To the fullest extent permitted by law, 100Real and the other 100Real parties will not be liable to you under any theory of liability - whether based on contract, tort, negligence, breach of statutory duty, strict liability, warranty, or otherwise - for any:
(1) Indirect, consequential, exemplary, incidental, punitive, or special damages.
(2) Lost profits, loss of business or revenue, loss of contracts, use, opportunity, or anticipated savings, or loss of or damage to goodwill, data or software (in each case whether direct or indirect), even if 100Real or the other 100Real parties have been advised of the possibility of such damages.
Further, 100Real and the other 100Real parties will not be liable for any failure or delay resulting from any condition beyond our reasonable control, including but not limited to governmental action or acts of terrorism, pandemics, epidemics, earthquakes, fire, floods, or other acts of god, labor conditions, power failures, and Internet disturbances.
The limitations outlined in this section will not limit or exclude liability for fraud or fraudulent misrepresentation, death, or personal injury caused by our gross negligence of 100Real or the other 100Real Parties, or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
11.Release
To the fullest extent permitted by law, under no circumstances will 100Real be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any such content. 100Real excludes all warranties, undertakings, and representations (express and implied) related to any such content to the fullest extent permitted by law. You acknowledge and agree that to the fullest extent permitted by law, 100Real does not pre-screen content, but that 100Real and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
The Services may provide links or other access to other sites and resources on the Internet. 100Real has no control over such sites and resources and 100Real is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that 100Real will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that 100Real is not liable for any loss or claim that you may have against any such third party.
To the fullest extent permitted by applicable law, you release 100Real and the other 100Real Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties.
You expressly waive any rights you may have under California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor", as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
12.Governing law
This Agreement and any disputes, claims, or requests for relief (including non-contractual disputes) arising out of or in connection with this Agreement and your access to and use of our Services will be governed by and construed and enforced by the laws of the Republic of Cyprus, without regard to conflict of law rules or principles (whether of the Republic of Cyprus or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
Complaints will be handled by our complaints handling policy found here.
13.Electronic communications
By accessing or using the Services, you also consent to receive electronic communications from 100Real (e.g., responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on the Services). You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
14.Termination; Modification
We reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services, in whole or in part. We are not responsible for any loss or harm related to your inability to access or use the Services.
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that 100Real will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.
Upon any termination of your access to or use of the Services, all licenses granted to you hereunder shall terminate automatically, your right to use the Services shall cease and your User Content will no longer be available to you through the Services and all sections of this Agreement that, by their nature should survive termination will survive termination, including the sections entitled User Content, Compensation, Disclaimers, and Limitation of Liability, Release, Dispute Resolution, and Severability.
15.Severability
If any provision or part of a provision of this Agreement is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
16.Regulatory
The Services may be subject to U.S. economic sanctions regulations administered by the Office of Foreign Assets Control ("OFAC"), U.S. Department of the Treasury. You agree to comply strictly with all such laws and regulations as they relate to the Services. Without limiting the foregoing, you agree that:
(1) You are not established or located in, nor will you provide, export, re-export, or transfer the Service to any country or region subject to comprehensive economic sanctions.
(2) You are not, nor will you provide, export, reexport, or transfer the Service to:
(1) The government of a country is subject to comprehensive sanctions, wherever located.
(2) A person or entity identified on OFAC's List of Specially Designated Nationals or Consolidated Sanctions List.
(3) A person with knowledge or reason to know that they will provide, export, re-export, or transfer the Service other than in compliance with the foregoing restrictions.
The Services may be subject to other restrictions by other sanctions, prohibitions, or restrictions in force in your location. Also, the availability of the Services may be affected by restrictions, prohibitions, or other actions (inaction) of other parties within their capabilities, including telecom operators, Distribution Channels, and software operating systems of your devices.
17. Miscellaneous
Please note that the agreement is subject to change by 100Real in its sole discretion at any time. When changes are made, we will make a new copy of the Agreement available on our website and within our mobile application.
Any changes to the Agreement will be effective immediately for new users of the Services and will be effective fourteen (14) days after posting notice of such changes on the website for existing users, provided that any material changes shall be effective for existing users upon the earlier of fourteen (14) days after posting notice of such changes on the website or fourteen (14) days after dispatch of the push notification of such changes. We may require you to provide consent to the updated Agreement in a specified manner before further use of the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Services, including the website and the mobile application. Otherwise, your continued use of the Services, including the website and the mobile application, constitutes your acceptance of such changes. Please check the website regularly to view the then-current agreement.
This Agreement constitutes the entire agreement between you and 100Real relating to your access to and use of the Services.