Terms of Use

This page serves as agreement between you and Andro Nepal, the developer of the ID Photo Studio app (“Andro Nepal”, “we”, “us”, “our”). By using our products and tools (“App”) that we make available via our distribution partners, you agree to these terms of use (“Terms”). Anyone who uses our App (“User”) is subject to adhere with these terms, so please read it carefully. If you do not understand some or any clause of these Terms you should not use our App. When additional features are available in the App, you might be required to agree to the additional terms and conditions to continue using this App.

These terms also explain how we use and process any text, symbols, image, illustration, audio, video, document, text and similar digital information (“Content”) that you send to us. How we collect, transfer, process and store your non-public information is explained in our Privacy Policy.

Description

Andro Nepal is providing its Users with a App to help them prepare their photos. It provides you with downloadable software that you can use for editing your photos. You can import your photos to our App along with additional information required for editing the photo. After your photo is edited you can export the edited photo to your device. You can make use of the available tools to edit your photo yourself. To use our App you must be of legal age that is required by your country to form a binding contract with Andro Nepal, and only in compliance with this Agreement, any applicable local, state, national and international laws, rules and regulations. The App should not be used by any Users who have been held ineligible, or been blocked by Andro Nepal.

Amendment

We may, without any prior notice, change the nature of delivery or presentation of our App. We may also stop providing the App or some features of the App to you or all Users; we may enforce usage limits for the app. We may temporarily or permanently terminate the app’s functionality in our sole discretion. If we believe that you have violated any provision of these Terms, we may limit, terminate or suspend your access to the App at any time without a notice and liability for any reason. We may also limit your access to the App without disclosing a reason. Even after termination, suspension or limitation enforced to your access to the App, you continue to be bound by these Terms with respect to any provision which is intended to survive termination.

Free Tools

We offer a set of Free Tools that are available to you for using without any charge. You can make use of the available tools to prepare your photo yourself. Free Tools are supported by advertisements, so you may be presented with different types of advertising banners, text, images, videos or other digital presentations while you are using the App. You may be able to use the Free Tools without an active internet connection in your device. The Free Tools might not be available for free in the future as we may limit access to those tools and you may be required to purchase a license or subscription to continue using the Free Tools.

Paid Tools

The Paid Tools, which you should use only after you make a payment. You can make a one-time payment to enable access to individual tool, or enable access to all Paid Tools at once. With access to the Paid Tools you can get use those tools to edit your photos. Display of third-party ads will be limited after you have made payment for the Paid Tools. You agree that you will not attempt to bypass the payment to access the Paid Tools without making a payment. We may limit access to the Paid Tools in our sole determination if we believe you have obtained access to the Paid Tools without making a payment. We may change the price of the Paid Tools at any time, and the changes will be reflected immediately in our App. You will not be required to make additional payment if the prices are raised. We will not refund you any amount if the prices are lowered. All sales are final; though you may contact us using our App if you want a refund. After reviewing your application we may refund your orders; after refunding your order you agree not to continue using the Paid Tools. To access some features of our App you might need to make a purchase from Google Play Store. You are subject to Google’s terms and conditions, including their privacy policy while making the payment. So, please read their terms and policies before making a decision to purchase anything from our App.

Your content in our App

Any Content that you import in the app will remain the property of the Content owner. For example, if you upload your photo, the photo remains yours.

Intellectual Property

Andro Nepal, the Andro Nepal logo, ID Photo Studio, its icons and the designs inside the app are copyright protected contents, trademarks or registered trademarks of Andro Nepal, and may not be used without a written consent from Andro Nepal, except for referencing with the name, or giving attribution. All other trademarks not owned by Andro Nepal that appear on our App are properties of their respective owners, who may or may not be connected to, affiliated with or sponsored by Andro Nepal. Except any content uploaded by you, all text, images, designs, logos, illustrations, software, patents, trademarks, logo, copyrights, photographs, audio, video and all Intellectual Property Rights related to those items are exclusive property of Andro Nepal and its licensors (including the service providers that provide us service, or companies that provided us license to use their content, and other users who uploaded the content to the App). Unless you have a separate, written permission from Andro Nepal, no provision in these Terms grant you any right to sell, rent, modify, license, distribute, create a copy, transmit or make derivative work from any content owned by Andro Nepal.

Your Rights

Subject to these Terms, Andro Nepal grants you a non-exclusive, non-transferable, non sub-licensable license to use the App and any accompanying software for personal and non-commercial use, including the features that let you submit, edit and save photos to your device. If you are a business, we recommend you get in touch with us by email for a tailored solution for your business.

Prohibited Conduct

Please use the App fairly and with appropriate safety measures. Do not use the App when you are in an emergency situation or while you are in control of a vehicle or machinery. Andro Nepal takes no responsibility for any harm or loss you incur by using the App when you were aware of any foreseeable consequence, unless the law prohibits us from withdrawing our responsibility. You agree not to perform any of the following actions:

Third-party Links

Different types of links to third-party websites, events, stores, activities and advertisers may be included as a part of the App. We do not own or control the contents available through the links. We do not assume any responsibility for any content, services, information or products offered by them. If you access any third-party website from our App, you do that with consent that these Terms and our Privacy Policy are not applicable to your use of third party services. You expressly relieve Andro Nepal from any liability that may arise from your use of third-party website or service, or exposing yourself to the information or products made available in those websites. Any dispute, contract, warranty, claim or payment are solely between you and the owner of the third party service. We are not responsible for any risk, loss or damage caused by your relation with those third party services.

Indemnify

You agree to defend, indemnify and hold harmless Andro Nepal and its agents, licensors, subsidiaries, managers, and other affiliated companies and their agents, officers, directors, contractors and employees from and against any and all liabilities, losses, debts, expenses, costs, damages, obligations and claims (including but not limited to all fees, fares and charges) arising from (i) your access to or use of the App, including any Content sent or received (ii) your violation of any provision of these terms, including but not limited to your false claims of representation or warranties above; (iii) your violation of any contract or agreement with third-party; (iv) your violation of any applicable rule, regulation, or law; (v) your breach of any Intellectual Property Rights, right of privacy or other rights of third-party, (vi) any event that lead to use of your device to submit any content; (vii) any third-party’s access to the App with a device owned by you at the time of event that resulted in any claim or damages.

Disclaimer of Warranty

WHILE THE APP SUBSTANTIALLY CONFORMS TO ITS PUBLISHED SPECIFICATIONS, THE APP IS PROVIDED AS IS. IN NO EVENT DO WE WARRANT THAT THE APP IS ERROR FREE OR THAT USER WILL BE ABLE TO USE THE APP WITHOUT ANY PROBLEM OR INTERRUPTION. ALL EXPRESSED OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL ANDRO NEPAL OR ITS AFFILIATES, SPONSORS, LICENSORS, CONTRACTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, OR AS A RESULT OF BINDING TO THIS AGREEMENT, EVEN IF ANDRO NEPAL OR ITS SPONSORS, LICENSORS, CONTRACTORS, EMPLOYEES, AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE APP MAY CONTAIN INACCURATE AND INCOMPLETE INFORMATION, WHICH MIGHT BECOME OBSOLETE OR INVALID OVER TIME. YOU WILL BE SOLELY RESPONSIBLE FOR VERIFYING THAT THE INFORMATION PROVIDED IS CORRECT AND FITS YOUR PURPOSE. SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY, OR STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL ANDRO NEPAL’S OR ITS SPONSORS’, PARTNERS’, CONTRACTORS’, EMPLOYEES’, LICENSORS’, AFFILIATES’ OR AGENTS’ LIABILITY TO USER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU TO USE THE APP, OR $10 USD (TEN DOLLARS), WHICHEVER LESS.

The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. The app is developed at it’s outsourced office location in Nepal. Andro Nepal makes no representations that the App is available or appropriate for use in any other locations except Nepal. If you use the App from any other state or country, you agree that you you are entirely responsible for getting appropriate permissions and consent from any required local, state and international regulatory bodies to use the App. Despite of any age specified in the terms above, you agree that you have reached the age required by your jurisdiction to be able to use the App. If you have not reached the age that is set as minimum by your jurisdiction to be able to use any service provided by this App, you must not use our App. You also agree that you are entirely responsible for compliance with all applicable laws of Nepal and your local laws and regulations. In no way shall these Terms limit any consumers’ legal right that you might have.

Legal Binding

This is a legally binding agreement between you and Andro Nepal. This agreement may not be transferred to another person or company by you, but may be assigned by Andro Nepal to anyone without any restriction. Any attempted assignment or transfer of this agreement in violation of above terms shall be null and void. Andro Nepal may modify or update these Terms in its sole discretion, and indicate the last updated date at the bottom the of this page. If you continue to use the App after any such change, you signify that you have read and agree to the updated Terms. If you do not agree to any of the conditions set in these Terms you should not use the App. To make sure you do not violate any new terms you can visit this page and verify the last updated date. Any provision of the agreement, if found illegal or void, will be eliminated. However the remainder will continue to hold the full force and effect.

Waiver

The event when Andro Nepal did not take any action or enforce any right or provision of these Terms would not mean waiver of such rights or provision.

Last modified 22 Sept 2017