Terms of Service

1. LICENSE

Provided you comply with this License, we grant to you a non-transferable, non-exclusive, limited license to install and use the Services on your authorized devices. This license provides you limited rights to use the Services. Use of the Services is restricted to you only for personal, non-commercial entertainment purposes.

We retain all ownership, right, title, and interest in, to, and of the Services and all copies of them. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by us. Unless applicable law gives you more rights despite this limitation, you may use the Services only as expressly permitted in this License. In doing so, you must comply with any technical limitations in the Services that only allow you to use them in certain ways.

2. PROHIBITED USES

You shall not, directly or indirectly:

• Use, copy, modify, transmit, adapt, vary, or create derivative works based on the Services in whole or in part;
• Rent, lease, sub-license, sell, distribute, or otherwise transfer the Services to any third party, or allow them to be accessed by or copied onto another person’s device;
• Translate, reverse engineer, decompile, or disassemble the Services, except to the extent permitted by applicable law despite this restriction; or
• Use any system, automated tool, or data mining method to access, search, or extract data from the Services other than as expressly provided under this Agreement.

3. INTELLECTUAL PROPERTY RIGHTS

The Services are protected by copyright, trade secret, trademark, and other intellectual property laws. All intellectual property rights in and to the Services belong to Sort & Joy Studio or its third-party licensors, as applicable.

The Services contain trade secrets and proprietary information owned by us or our third-party licensors and are protected by pending patent applications, copyright laws, and international trade provisions. You must treat the Services like any other copyrighted material, and you may not copy or distribute the Services electronically or otherwise for any purpose. All techniques, algorithms, and processes contained in the Services or any modification thereof constitute our trade secrets and/or proprietary information and will be protected by this License.

The Sort & Joy Studio logo, Service names, branding, and other support materials are either patented, copyrighted, trademarked, or owned by us as trade secrets and/or intellectual property.

4. PAYMENT AND SUBSCRIPTION TERMS

• Billing: Payment will be charged to your Google Play account when the purchase is confirmed. If a subscription includes a free trial, payment will be charged to your Google Play account at the end of the trial period. If the subscription is canceled during the free trial period, you will not be charged.
• Auto-Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current renewal cost. You can access advanced features after subscribing.
• Managing Subscriptions: Subscriptions may be managed by the user, and auto-renewal may be turned off by going to your Google Play Account Settings after purchase.
• Free Trial Forfeiture: Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription to that publication, where applicable.

5. WARRANTY DISCLAIMER

THE SERVICES ARE LICENSED “AS-IS” AND “AS AVAILABLE.” YOU BEAR ALL RISKS OF USING THEM. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. WE DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS OBTAINED BY YOU IN USING THE SERVICES (INCLUDING ANY AUTO-COMPLETION, SUGGESTION, OR PREDICTION FEATURES, OR ANY OTHER EMBEDDED FEATURE), OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF BUGS.

EXCEPT AS EXPRESSLY SET FORTH ABOVE, WE EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY (BY ANY TERRITORY OR JURISDICTION) TO THE EXTENT PERMITTED BY LAW, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY.

6. INDEMNIFICATION

You shall indemnify, defend, and hold harmless us, our affiliates, directors, officers, and employees against any claims, damages, liabilities, losses, including costs and reasonable attorney’s fees, submitted by any third party in which we are named as a result of your negligent or intentional acts or omissions, or arising from or relating to your failure to comply with this License. Your indemnification obligation is contingent upon our providing you with prompt written notice of such claim, information, and reasonable assistance in the defense of such action.

7. LIMITATION ON LIABILITY

WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU FOR ANY ACTION ARISING UNDER THIS LICENSE, REGARDLESS OF THE FORM OF ACTION (WHETHER IN TORT, CONTRACT, OR OTHER LEGAL THEORY), INCLUDING, WITHOUT LIMITATION, FOR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST DATA, LOST PROFITS, LOST OPPORTUNITIES, LOSS OF USE, GOODWILL, BUSINESS INTERRUPTION, COST OF COVER, OR OTHER PECUNIARY OR NON-PECUNIARY LOSS, HOWEVER ARISING, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY LOSS OR INTERRUPTION IN APPLICATION OR SERVICES ACCESS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL OR FORESEEABILITY, SUCH AS LOSS, INTERRUPTION, OR FAILURE OF TELECOMMUNICATIONS, DIGITAL TRANSMISSIONS, OR NETWORK LINKS. THE PARTIES AGREE TO THE ALLOCATION OF RISK SET FORTH HEREIN. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH JURISDICTIONS.

8. PERSONAL DATA AND PRIVACY

You acknowledge that in order to utilize the Services and to use or personalize particular features they provide, we may collect and process personal data provided by you. Your privacy is important to us and we treat it seriously.

Any personal data provided by you will be processed in accordance with our Privacy Policy, which can be found at: https://www.sortjoystudio.com/privacy.html. Our Privacy Policy is intended to help you understand how we collect, use, and disclose information. Your installation and continued usage of the Services represents your consent to our Privacy Policy.

9. TERMINATION

Your license to use the Services under this Agreement shall continue until terminated by either party. You may terminate this License at any time by discontinuing use of all or any of the Services and destroying all copies of the Services in your possession or control.

This License terminates automatically and immediately without notice from us if you breach any term or condition of this License. Upon termination, you must cease all use of the Services and uninstall all copies from your devices.

10. GOVERNING LAW AND GENERAL TERMS

1. Governing Law and Jurisdiction: This License shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“Hong Kong”). Any dispute, controversy, difference, or claim arising out of or relating to this License or the Services shall be referred to and determined by the exclusive jurisdiction of the courts of Hong Kong.
2. Severability: If any provision of this License is found to be invalid or unenforceable by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
3. Third-Party Beneficiaries: In the event that the Services incorporate Content or technology owned by a third party, each such third party shall be an intended third-party beneficiary of this License and shall be entitled to enforce the relevant terms directly.
4. Entire Agreement: Except as expressly provided herein, this License constitutes the entire agreement between you and us with respect to your use of the Services, superseding any prior communications or agreements.

11. UPDATES TO TERMS OF USE

We reserve the right to modify or update these Terms of Use at our sole discretion from time to time. When material changes are made, we will notify you in accordance with applicable laws or by posting the updated License on our website or within the Services.

By continuing to access or use the Services after updated terms take effect, you agree to be bound by the modified License. If any proposed modification is unacceptable to you, your sole recourse is to discontinue using the Services and uninstall the App.

No waiver of any term of this License shall be deemed a further or continuing waiver of such term or any other term.