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Terms of Service

Last updated: April 16, 2020

These Terms of Service (“Terms“) govern your use of the free services, software and websites (the “Service”) provided by Rubyspark Labs Limited. (“Rubyspark Labs”). Our Privacy Policy explains the way we collect and use your information and our Acceptable Use Policy outlines our expectations with respect to your behavior when using the Service. By using the Service you agree to be bound by these Terms including our Acceptable Use Policy and our Privacy Policy.

Your Content

The Service allows you to take photos, record videos and sounds, create text messages and other associated content materials (together the “Content”) and to share that Content with others. You retain ownership of your Content, but by uploading it onto the Service, you are granting us a license to use, copy, reproduce, process, adapt, publish, transmit, host and display that Content for the purpose of (i) providing you the Service and associated support; and (ii) analyzing and improving the operation of the Service.

We reserve the right to remove Content on the Service that violates our Acceptable Use Policy or these Terms or that we otherwise reasonably believe may create liability for Rubyspark Labs.

Your Obligations

Use of Software

As part of the Service, we provide downloadable client software (the “Software”) for your use in connection with the Service. This Software may update automatically and if such Software is designed for use on a specific mobile or desktop operating system, then a compatible system is required for use. So long as you comply with these Terms, we grant you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Service; provided, however, that this license does not constitute a sale of the Software or any copy thereof, and as between Rubyspark Labs and You, Rubyspark Labs retains all right, title and interest in the Software.

Payments

The Service may include in-app purchases that allow you to buy things such as virtual currency, virtual goods, extra features, etc. to use within the Service ("In-App Purchases"). You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the Service.

If you are under 18 then you must have your parents' or guardians' permission to make any In-App Purchases. By completing an In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.

You acknowledge and agree that all billing and transaction processes are handled by the third-party payment processors, such as but not limited to: Google Play or Apple App Store and are governed by the payment provider's terms and conditions/EULA. If you have any payment related issues with In-App Purchases then you need to contact the payment providers directly.

Data Transfer

In connection with providing you the Service Rubyspark Labs may transfer, store and process your Content in any country in which Rubyspark Labs or its agents maintain facilities. By using the Service you consent to this transfer, processing and storage of your Content.

Data Usage

By using the Service you agree to allow Rubyspark Labs to collect some information about your profile, activities and your device. To find out what information we collect and how we use it please review our Privacy Policy.

Notifications or Alerts

Our Service may send push notifications or alerts to your device. You can deactivate these messages at any time by changing the notification settings on your device or on the Service.

Security

We will use industry standard technical and organizational security measures in connection with the storage, processing and transfer of your Content that are designed to protect the integrity of that Content and to guard against unauthorized or unlawful access to, use of, or processing of such Content.

Acceptable Use Policy

You agree not to misuse the Service. For example, you may not:

You may not post any Content on the Service that:

Termination

You are free to stop using our Service at any time. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. We may also terminate or suspend your access to the Service at any time if you are not complying with these Terms or our Acceptable Use Policy or if you are using the Service in a manner that we believe may cause us financial or legal liability.

Intellectual Property Rights

The Service (excluding Content provided by users) constitutes our intellectual property and will remain the exclusive property of Rubyspark Labs and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Modifications to the Service

The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.

Indemnification

You agree to defend, indemnify and hold harmless Rubyspark Labs and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from your use of and access to the Service or the Software, or from or in connection with any Content uploaded to the Service through your account by a third party using your account with your knowledge or consent.

Copyright

Rubyspark Labs respects the intellectual property rights of others and we expect our users to do the same. We respond to notices of alleged copyright infringement if they comply with the law.

Changes to Terms

If we change our Terms, we will post those changes on this page. Changes to the Terms are effective when they are posted on this page.