Terms Of Service
GPS - TERMS OF SERVICES
This Terms of Use and End User License Agreement (this "Agreement") is a binding legal agreement between you ("User" or "you") and Wanda Gallery Studio ("we," "us," or "our"). This Agreement governs your access to and use of the mobile application GPS Photo Location with Map (the "App") and any related services.
BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.
1. AGE REQUIREMENT
The App is not intended for children under the age of 13 (or under 16 in the EEA/UK, or such other minimum age as required by local law). By using the App, you represent and warrant that you are at least 13 years of age. If we become aware that we have collected personal data from a child under the applicable age without verification of parental consent, we will remove that information and terminate the account.
2. SUBSCRIPTIONS AND REFUND POLICY
A. Payment Transactions: The App may offer premium features or subscriptions that are purchased directly through the Google Play Store. All financial transactions, billing, and taxes are handled by Google Play, not by us.
B. Refund Policy: Please note that we do not process refunds directly. All refund requests are subject to Google Play’s Refund Policy.
- To request a refund, you must contact Google Play Support directly or use the "Request a refund" feature in your Google Play account order history; or visit https://support.google.com/googleplay/workflow/9813244?hl=en
- We cannot guarantee that a refund will be granted, as this decision rests solely with Google Play based on their terms of service.
3. LICENSE GRANT
Subject to the terms of this Agreement, we grant you a limited, non-exclusive, and nontransferable license to download, install, and use the App for your personal, non-commercial use on a mobile device owned or otherwise controlled by you.
4. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under this Agreement, or any other rights thereto other than to use the App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement.
5. DISCLAIMERS AND LIMITATION OF LIABILITY
1. "AS IS" Service: THE APP AND ITS SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ACCURATE, OR ERROR-FREE.
2. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL) ARISING FROM OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APP.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID US (IF ANY) IN THE 12 MONTHS PRECEDING THE CLAIM.
3. Map Data Disclaimer: Map and data features based on OpenStreetMap (OSM) are provided "as is" and "as available," without any warranty or guarantee of availability, service quality, accuracy, or uninterrupted access. We are not responsible for any interruptions, delays, errors, inaccuracies, or data loss arising from or related to OSM services or other third-party providers.
6. THIRD PARTY LINKS AND SERVICES
A. Third-Party Links: The App may contain links to third-party websites or services that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk.
B. OpenStreetMap: OpenStreetMap and the OpenStreetMap Foundation (OSMF) are independent third parties. We are not affiliated with, endorsed by, sponsored by, or in a partnership with OSM/OSMF. All trademarks and trade names related to OSM belong to their respective owners.
7. APP STORE SPECIFIC TERMS
1. Acknowledgement: This Agreement is between you and Wanda Gallery Studio only, and not with Apple, Inc. ("Apple") or Google, Inc. ("Google"). We, not Apple or Google, are solely responsible for the App and its content.
2. Third-Party Beneficiaries: You acknowledge that Apple and Google (and their subsidiaries) are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.
8. GOVERNING LAW AND DISPUTE RESOLUTION
1. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Vietnam, without regard to its conflict of law principles.
2. Jurisdiction: You agree that any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the courts of competent jurisdiction in Vietnam.
3. Class Action Waiver: BY USING THE SERVICES, YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
9. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. We will notify you of any changes by updating the "Last Updated" date of this Agreement. It is your responsibility to review this Agreement periodically for changes. Your continued use of the App after such changes constitutes your acceptance of the new Agreement.
10. TERMINATION
1. Termination by Us: We may, in our sole discretion, terminate or suspend your access to the App at any time, without prior notice or liability, for any reason, including if you breach this Agreement.
2. Effect of Termination: Upon termination, your right to use the App will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
11. GENERAL PROVISIONS
1. Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
2. Assignment: You may not assign or transfer this Agreement or any of your rights or obligations hereunder without our prior written consent. We may assign this Agreement without restriction.
12. CONTACT INFORMATION
Wanda Gallery Studio
Support Email:
arunnakrani9426@gmail.com