These terms and conditions govern Your relationship with Digital Solutions Technologies Limited, registered office address: Unit 1603, The L. Plaza, 367 - 375 Queen’s Road Central, Sheung Wan, Hong Kong (“Company”, “we”, “us”, “our”) and regulate Your use of Our "AR Drawing: Sketch & Paint" app (the "App"), which is available on Google Play, App Store platforms (the "Platform") and related website available under the domain ar-drawing.com.
You shall read, understand and accept these terms and conditions, hereinafter referred to as the Terms and Conditions, before using Our website and/or the App, as its use, including its products and services, is conditional upon acceptance of all terms contained herein.
By accessing or using the App and related website, you represent and warrant that:
We are committed to protecting the privacy of children. You should be aware that this App is not intended or designed to attract children under the age of 13. If you are an EU resident, you shall be at least 16 years old in order to use the App. To the extent prohibited by applicable law, we do not allow use of the App by EU residents younger than 16 years old.
2.1. Unless otherwise stated, we are the owner or the licensee of all intellectual property rights in our App and related website, including all source code, functionality, software, UI/UX designs, audio, video, text, photographs, and graphics, as well as the registered and common law rights in trademarks, service marks, and logos.
2.2. We (or our licensors) grant You a limited, personal, non-assignable, non-transferable, non-exclusive and fully revocable license to install and/or use this App and related website (in whole or in part) for your individual, non-commercial use (the “License”). In no event shall You use the App, related website or this License for commercial purposes or allow others to do so without obtaining permission from us. OUR APP IS NOT FOR SALE, BUT IS LICENSED TO YOU FOR PERSONAL USE.
For the avoidance of doubt, drawings, sketches, and other works that you create using the App belong to you, and you may use them for any lawful purpose, including commercial purposes, provided that such use does not infringe the rights of third parties in any templates, images, or other materials provided through the App.
2.3. Among other things, You agree not to do any of the following (directly or indirectly):
3.1. Except as expressly provided in these Terms, any content that you upload to or create within the App as part of its basic functionality is processed locally on your device only. The Company does not access, collect, store, or process such content, and it is not transmitted to the Company.
3.2. The App may include an optional feature that enables you to upload, submit, modify with AI, publish, or share photos, images, graphics, ratings, reviews, or other content with the Company or other users (the “User Content”). User Content is transmitted to and processed by the Company only when you voluntarily use these features. You retain all ownership rights in your User Content.
3.3. In case of providing your User Content to the App, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your User Content in connection with providing and operating the App; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from your User Content and/or your failure to comply with these Terms.
3.4. The Company reserves the right to review User Content prior to its publication or sharing through the App and to remove any User Content for any reason, at any time, without prior notice, at our sole discretion.
3.5. Feedback. If you provide the Company with suggestions, ideas, comments, or other feedback regarding the App ("Feedback"), you grant the Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, distribute, disclose, and otherwise exploit such Feedback for any lawful purpose without compensation or attribution to you.
4.1. Some features of the App may be offered through a subscription model (the “Subscription”). By purchasing a Subscription, you agree to the following terms:
4.2. Billing and Payment. Subscriptions are billed in advance on a recurring and periodic basis (e.g., weekly, monthly, or annually), depending on the plan you select. Payment will be charged to your Google Play or Apple App Store account at confirmation of purchase. Your account will be charged for renewal within 24 hours prior to the end of the current billing period.
4.3. Auto-Renewal. Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. You can manage or cancel your Subscription at any time through your account settings in Google Play or Apple App Store.
4.4. Cancellation. If you cancel a Subscription, you will continue to have access to Subscription features until the end of the current billing period. No refunds will be provided for unused portions of the Subscription term, except as required by applicable law or the rules of the relevant Platform.
4.5. Free Trial. We may offer a free trial for certain Subscription plans. If you do not cancel before the end of the trial period, you will be automatically charged the applicable Subscription fee. Any unused portion of a free trial period will be forfeited when you purchase a Subscription.
4.6. Refunds. All payments are handled by the Google Play Store or Apple App Store. We do not issue refunds directly. For refund requests, please contact Google Play or Apple support, as applicable.
4.7. Price Changes. We may change the prices of Subscriptions from time to time. Any price change will take effect no earlier than the start of the next billing period following notice to you, provided through the relevant Platform mechanisms and/or the App. If you do not agree with a price change, you may cancel your Subscription before the change takes effect. Where required by applicable law or the rules of the relevant Platform, renewal at an increased price will require your affirmative consent.
4.8. In-App Currency. The App may offer virtual in-app currency or other virtual items (the “In-App Currency”) that can be purchased using your Google Play, Apple App Store or Stripe account. In-App Currency has no monetary value, is non-transferable, non-exchangeable, and may only be used within the App for the purposes expressly designated by us.
4.9. No Refunds for In-App Currency. Except as required by applicable law or the rules of the relevant P latform, all purchases of In-App Currency are final and non-refundable. In-App Currency cannot be redeemed for cash or any other monetary value, and any unused In-App Currency will not be refunded upon termination of your account, deletion of the App, or discontinuation of your use of the App.
4.10. Availability and Changes. We reserve the right to modify, limit, discontinue, or remove any In-App Currency, virtual items, or features that may be purchased or redeemed using In-App Currency at any time, with or without notice, to the extent permitted by applicable law. Such changes will not entitle you to any refund or compensation.
5.1. You acknowledge and agree that the availability of the App is dependent on the app store from which You downloaded the App. You acknowledge that these Terms and Conditions are between You and Us and not with the app store. You agree to comply with all applicable policies of relevant app store. In the event of a conflict between these Terms and policies of relevant app store, the policies of relevant app store shall prevail to the extent of such conflict.
5.2. You agree that our interaction with third parties depends on the terms and conditions of such third-party, and such terms and conditions can be amended at any time upon the initiative of a relevant third-party. Such amendments may make it impossible or significantly restrict Your ability to use the App, but it is independent of Our will and We shall not be responsible for it.
6.1. This application may contain content that is generated or assisted by artificial intelligence (the “AI”). While we strive to provide accurate and helpful information, AI-generated content may be inaccurate, incomplete, outdated, or inappropriate. Such content is provided for informational and entertainment purposes only and should not be relied upon as professional advice. Users are responsible for evaluating any AI-generated content before relying on or using it.
6.2. Photo Generation Feature. This application includes an AI-powered photo generation feature provided through a third-party service. By accessing or using the photo generation feature, you acknowledge and agree that your use of this feature is also subject to the Terms of Service of Gemini, available at: https://ai.google.dev/gemini-api/terms, PiAPI, available at: https://piapi.ai/terms-and-conditions.
6.3. By using the photo generation feature, you expressly consent to and agree to be bound by the applicable Gemini and PiAPI Terms of Service, as they may be updated from time to time. If you do not agree to those terms, you must not use the photo generation feature. We are not responsible for the content generated by third-party AI services or for any actions, policies, or practices of such third-party providers.
6.4.Prohibited Uses of AI Features. You must not use the AI-powered features of the App to create, upload, generate, or share content that: (a) uses images or likenesses of another person without that person’s consent, or otherwise violates any person’s privacy, publicity, or biometric rights; (b) depicts minors in a sexual, exploitative, or otherwise inappropriate manner; (c) promotes hate, harassment, violence, or discrimination; (d) infringes intellectual property or other rights of any third party; or (e) is otherwise illegal, deceptive, or harmful. We may remove any such content and suspend or terminate your access to the App in accordance with Section 12.
7.1. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ANY LIABILITY FOR INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY YOU OR ANY THIRD-PARTY INCLUDING ANY LIABILITY FOR: (I) LOSS OF INCOME OR REVENUE; (II) LOSS OF BUSINESS; (III) LOSS OF PROFITS OR CONTRACTS; (IV) LOSS OF ANTICIPATED SAVINGS; (V) LOSS OF DATA; (VI) LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT WEBSITE; (VII) LOSS OF GOODWILL; (VIII) WASTED MANAGEMENT OR OFFICE TIME; AND (IX) FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
7.2. WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING OUR OBLIGATIONS UNDER THESE TERMS WHERE THE FAILURE OR DELAY RESULTS FROM ANY CAUSE BEYOND OUR REASONABLE CONTROL, INCLUDING ACTS OF GOD, LABOR DISPUTES OR OTHER INDUSTRIAL DISTURBANCES, SYSTEMIC ELECTRICAL, TELECOMMUNICATIONS, OR OTHER UTILITY FAILURES, EARTHQUAKE, STORMS OR OTHER ELEMENTS OF NATURE, BLOCKAGES, EMBARGOES, RIOTS, ACTS OR ORDERS OF GOVERNMENT, ACTS OF TERRORISM, OR WAR.
7.3. FOR THE AVOIDANCE OF DOUBT, IN THE EVENT THAT THE WEBSITE IS INFECTED BY MALICIOUS CODE, SOFTWARE OR OTHER MEANS BEYOND OUR CONTROL, THE COMPANY DISCLAIMS ALL LIABILITY IN THIS REGARD. THE COMPANY WILL USE ITS BEST ENDEAVOURS TO REMEDY THIS PROBLEM IN ACCORDANCE WITH ITS INTERNAL REGULATIONS, BUT DOES NOT GUARANTEE DATA PURITY. IF SUCH CODE IS DETECTED, THE COMPANY STRONGLY RECOMMENDS THAT YOU IMMEDIATELY CLOSE THE WEBSITE AND CHECK FOR VIRUS RESIDUE ON YOUR DEVICE WITH AN ANTIVIRUS.
7.4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE APP, OR THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR THE APP (INCLUDING THROUGH THE RELEVANT PLATFORM) DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE THOUSAND U.S. DOLLARS, WHICHEVER IS GREATER. NOTHING IN THESE TERMS EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUD OR FRAUDULENT MISREPRESENTATION, NOR DOES IT AFFECT YOUR MANDATORY RIGHTS AS A CONSUMER UNDER THE LAWS OF YOUR COUNTRY OF RESIDENCE.
8.1. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Company, our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to (1) any use or misuse of the App and related website by you or anyone acting on your behalf; (2) any breach of the Terms and/or applicable laws, rules, or regulations; (3) infringement of any third-party rights including intellectual property rights.
9.1. You acknowledge and agree that the App and related website is provided on an "as is" and "as available" basis. We do not make any representations or warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance, except as expressly provided in the Terms.
9.2. You may not use this website and/or the App for any purpose that is prohibited by these Terms and Conditions or unlawful in accordance with the laws and regulations, or in any way interferes or attempts to interfere with the proper work of this website. You may not use this website in any manner that could damage, disable, overburden, or impair this website, and/or the App. You may not obtain or attempt to obtain any materials or information through any means unintentionally made available by Us to all users of this website and/or of the App. You agree that You will not use any third-party software that intercepts or otherwise collects information from or through the website, and/or through the App. You shall not institute, assist, or become involved in an attack upon Our servers or otherwise attempt to disrupt the work of Our servers. ANY ATTEMPT TO DAMAGE OUR SERVER OR UNDERMINE ITS LEGITIMATE OPERATION CONSTITUTES A VIOLATION OF THE CIVIL AND CRIMINAL LAWS. THEREFORE, WE RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY THE CORRESPONDING LAW.
10.1. We respect the intellectual property of others, and we ask our community members and others to do the same. We voluntarily observe and comply with the DMCA.
10.2. If you believe that your work has been copied through use of the App or the website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information via the email address indicated in the contact us section of these Terms:
11.1. Applicable Law. Unless otherwise expressly provided by applicable law, this Terms is governed by and construed in accordance with the laws of England and Wales.
11.2. Dispute Resolution. All disputes arising out of or in connection with interpretation and/or execution of this Terms shall be resolved by means of correspondence and negotiations without recourse to a court. In the case that the parties fail to come to agreement without recourse to a court within 60 (sixty) business days from the date of the receipt of the relevant claim, disputes shall be resolved by a state court of the relevant jurisdiction at our company’s place of location unless otherwise expressly provided by applicable law.
12.1. These Terms activate upon You starting to browse and use this website, and/or starting to use the App to remain in force indefinitely, until terminated in accordance with these Terms. We expressly reserve the right to amend, modify, change, replace, suspend or discontinue all the website and/or the App or any part thereof, at any time, as well as reserve the right to terminate Your use of the website and/or the App at any time. Where required by applicable law, we will provide reasonable advance notice of material changes that adversely affect your use of paid features.
12.2. You may terminate these Terms at any time by ceasing all use of the website and the App and deleting the App from your devices. These Terms shall terminate automatically if You breach and/or fail to comply with any of the restrictions, limitations or other requirements referred to herein. Upon any termination or expiration of these Terms and Conditions, You must immediately cease using the website, and/or the App.
12.3. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE WEBSITE AND/OR THE APP UNDER CONSIDERATION OR ANY PART THEREOF, PROHIBIT ACCESS TO THIS WEBSITE AND/OR OUR APP AND THEIR CONTENT AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE WEBSITE AND/OR THE APP IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS AND CONDITIONS.
12.4. ADDITIONALLY, WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE WEBSITE AND/OR THE APP AND/OR PARTS THEREOF, IF YOU ARE, OR REASONABLY SUSPECTED TO BE, FAILING TO COMPLY WITH ANY OF THESE TERMS AND CONDITIONS OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE WEBSITE AND/OR THE APP UNDER CONSIDERATION, WITH OR WITHOUT NOTICE TO YOU AND WE REMAIN UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES.
12.5. UPON TERMINATION OF THESE TERMS AND CONDITIONS YOU WILL NO LONGER BE AUTHORISED TO USE OUR WEBSITE AND/OR THE APP IN ANY WAY WHATSOEVER.
13.1. Entire agreement. These Terms contain the entire agreement between you and the Company regarding the App and the related website, and supersedes any prior or contemporaneous agreements between you and the Company.
13.2. Amendments. We are continuously working to develop and improve our App and website. We may update these Terms accordingly from time to time. For example, we may make changes to these Terms or the App due to: (1) changes to the law or regulatory requirements; (2) security or safety reasons; (3) circumstances beyond our reasonable control; (4) changes we make in the usual course of developing our App and website etc. We will give you at least 15 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-app notification. All other changes will be effective as soon as we post them to our website. If you do not agree to the changes, you must stop using our App and related website.
13.3. Relationship of the parties. These Terms do not create a franchise, joint venture, agency, fiduciary, or employment relationship between the parties.
13.4. Notices. The Company may give general notices regarding the App and related website applicable to the user by means of an in-app notification or, in case applicable, via email.
13.5. Waiver. No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
13.6. Severability. If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms will remain in effect.
13.7. Survival. The following provisions will survive any termination or expiration of these Terms: License, Your content, Subscriptions, AI Notice Limitation of Liability, Indemnification, Representations and Warranties, Applicable Law and Dispute Resolution.
13.8. Export Control Laws. Each party will comply with all domestic and foreign export control laws or regulations applicable to its performance under these Terms.
14.1. Any inquiries regarding these Terms as well as any additional policies on the website shall be sent to the following email address: app@ar-drawing.com.
AR Drawing: Sketch & Paint · Digital Solutions Technologies Limited