PRISMA TERMS OF USE
You can see our previous terms of use here.
Effective date: Jun 5, 2024
Welcome to Prisma Labs, Inc. (“Company”, “we”, “us” or “our”). We are a mobile technology company specializing in deep learning-related products. Our goal is to move forward mobile photography creation to the next level using neural networks, deep learning and computer vision technics. We aim to create new ways for people to express their emotions through the camera.
These Terms of Use (these “Terms”) apply to your use of our mobile application “Prisma: Photo Editor, Filters” (“application”) or our website prisma-ai.com and its related pages (the application and the website are together referred to as “Prisma”).
|
|---|
Prisma is an application-based software that uses artificial intelligence algorithms to transform your photos into works of art or change the background or foreground, overlay objects with different objects, and clone/copy the style or effects from other images. The artificial intelligence algorithms use styles inspired by various famous artists. Prisma allows you to either take photos Using the application or to upload preexisting photos to the application. You can then apply different stylized filters or effects to the photos. Once you choose a filter or effect, Prisma’s algorithm runs, transforming the photo. You can then share the photos through social media sites or store them for personal use.
We do not use your photos to generally train our separate artificial intelligence products.
From time to time and without prior notice to you, we may change, expand, and improve the application. We may also, at any time, cease to operate part or all of the application or selectively disable certain features of the application. Your Use of the application does not entitle you to the continued provision or availability of the application. Any modification or elimination of Prisma or any particular features will be done at our sole discretion.
|
|---|
General age limitation.
Prisma is not intended for or directed at children under 13, and we do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to Use Prisma. If you are under 13, do not:
Use or provide any information in Prisma or through any of its features
provide any information about yourself to us, including your name, address, telephone number, or email address.
If you are a parent or guardian and believe we have collected information from your child who is under the age of 13, please contact us at [email protected].
Age limitation for EEA/UK individuals. You must be at least 16 years old in order to Use Prisma. We do not allow use of Prisma by EEA/UK individuals younger than 16 years old. If you are aware of anyone younger than 16 Using Prisma, please contact us at [email protected], and we will take the required steps to delete the information provided by such persons.
Certain Prisma features or functionalities may require you to register an account with us (“Account”).
All information provided during Account creation must be accurate. You agree to update that information promptly after it changes.
Your Account information will be held in accordance with our Privacy Policy.
You may register your Account using a valid account on the app store or marketplace from which you downloaded Prisma (e.g. Apple App Store, Google Play, etc.) (each such account, a “Third-Party Account”). By using a Third-Party Account to register your Account, you are allowing Prisma to access your Third-Party Account as permitted under the applicable terms and conditions that govern the use of such Third-Party Account. Please note, however, that your relationship with the third-party service providers associated with your Third-Party Accounts is governed solely by your agreement(s) with such third-party service providers.
Please refer to our Privacy Policy for information about how we process and share information about you when you use Prisma. You acknowledge and agree that your use of Prisma is subject to our Privacy Policy.
| TL;DR: You can upload your photos to Prisma and edit them with creative filters and art styles. Your original content and your edited content belong to you, and we claim no ownership over it. You would need to give us a permission to use that content (e.g., for our AI to edit your photos). |
|---|
Prisma allows you to upload, edit, create, store, and share content, including photos (“User Content”). Except for the Company License you grant us below, you retain all the rights in and to your User Content.
We want you to enjoy the functionality of Prisma seamlessly, therefore, we would require a permit (called a license and referenced as a “Company License” explained further) to use your User Content uploaded to the application. We would like to highlight that the Company license is limited within both the purpose of our usage of your User Content and parties we might share this User Content with. Sharing of your User Content would be typically limited to our service providers and/or affiliates, which ensure that the application is functioning as intended. We do not sell or share otherwise any of your User Content with irrelevant third parties and do not receive any proceeds out of its usage, except for ensuring the appropriate functionality and further development of the application.
Therefore, solely for the purposes of operating or improving Prisma, you grant us a non-exclusive, royalty-free, worldwide, fully-paid, transferable and sub-licensable license to use, temporarily cache, reproduce, modify, distribute, create derivative works and display it without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as may be stated in our Privacy Policy. The Company License is for the limited purpose of operating Prisma or if otherwise implied by the Using of Prisma and its services unless you have provided us your additional explicit consent for the different purpose where required by applicable law. The Company License is time-limited in the sense that it automatically terminates when you delete the User Content from Prisma’s library or by terminating your account.
You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person that you authorized to act on your behalf.
| TL;DR: here we impose some rules as to the content you may want to upload. Namely, you must own the photos you upload, and if you don’t, then you must respective rights to upload such content to Prisma. Also, in case you wish to upload a photo depicting your friend or someone else other than you, you may do so only with their consent. If you upload someone else’s content to Prisma and we receive claims, you will indemnify Prisma for such claims (it means that we will ask you to financially compensate us for these claims). We encourage you to observe these rules and not harm others using their content without consent. |
|---|
You represent and warrant that:
you own the User Content uploaded by you to Prisma or otherwise have the right to grant the rights and licenses set forth in these Terms;
you agree to pay for all royalties, fees, and any other monies owed because of the User Content you intend to use through Prisma and warrant to us that any use of third-party User Content is cleared by you with the respective rightsholder;
if the User Content depicts third parties, you have received all the necessary consents from them to upload their photos to Prisma; and
you have the legal right and capacity to enter into these Terms in your jurisdiction.
You must not upload, edit, create, store or share any User Content that violates these Terms or to which you do not have all the rights necessary to grant us the Company License described above. You, furthermore, agree to indemnify, defend, and hold Prisma harmless for any unauthorized use of third-party User Content you might commit (both intentionally or unintentionally) in accordance with Section 11 “Indemnification” of these Terms.
We will not be liable to you for any modification, suspension or discontinuation of Prisma, or the loss of any User Content, if this loss occurs outside of our control (e.g., due to a security breach). However, we hereby commit to informing you of such security incident in accordance with our Privacy Policy (and its Section 10 “Data Security”).
| TL;DR: The list below describes the prohibited conduct that leads to breach of this agreement between you and us. Prisma is made for your entertainment, and we want everyone to respect each other and not ruin the user experience by the misuse of Prisma. |
|---|
You must not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company’s rights) or commit a tort, and you are solely responsible for your conduct while Using Prisma.
You represent, warrant, and agree that you will not use Prisma by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):
To engage in any harmful, fraudulent, deceptive, harassing, threatening, intimidating, predatory, defamatory, obscene, stalking or otherwise objectionable conduct.
In any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying Prisma or that could damage, disable, overburden or impair the functioning of Prisma in any manner.
To decipher, decompile, disassemble or reverse engineer any aspect of Prisma (such as the source code or non-literal aspects (such as the underlying structure, sequence, organization, file formats, non-public APIs, ideas or algorithms), do anything that might discover the source code, bypass or circumvent measures employed to prevent or limit your access to any part of Prisma.
To circumvent any content-filtering techniques we employ or to access any feature or area of Prisma that you are not authorized to access.
To develop or to use any third-party applications that interact with Prisma without our prior written consent, including any scripts designed to scrape or extract data from Prisma.
To display, mirror or frame Prisma, or any individual element within Prisma, the Company’s name, any Company trademark, logo or other proprietary information without our express written consent.
To use any meta tags or other hidden text or metadata utilizing the Company’s trademark, logo URL, product or services name without our express written consent.
To gain unauthorized access to, interfere with, damage, or disrupt any server, computer or database connected to Prisma.
To copy, modify, host, stream, sublicense, or resell Prisma, or otherwise use Prisma for any commercial purposes (this excludes selling your User Content).
For any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
To violate any applicable law or regulation.
To encourage, assist or enable any other party to do any of the above.
TL;DR: this is to say that everything you see on Prisma (apart from your uploaded content) is owned or licensed to Prisma. We allow you to enjoy the functionality of Prisma to its fullest; if you want to use any Prisma elements outside Prisma, however, you must ask for our consent first. This includes, for example, using our trademarks or logo. If you wish to request such consent, contact us at [email protected]. Everything you read below is NOT about your User Content. |
|---|
Prisma and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained in Prisma, excluding your User Content (collectively, “Prisma Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to Prisma and Prisma Content.
Your use of the Prisma Content shall always be subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, "Supplemental Terms"). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use Prisma and the Prisma Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to:
sell, resell or commercially use Prisma or the Prisma Content
copy, reproduce, distribute, publicly perform or publicly display the Prisma Content, except as expressly permitted by us or our licensors
modify the Prisma Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of Prisma or the Prisma Content, except as expressly set forth in these Terms and the Supplemental Terms
use any data mining, robots or similar data gathering or extraction methods, or
Use Prisma or the Prisma Content other than as expressly provided in these Terms and the Supplemental Terms.
Any use of Prisma or the Prisma Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Prisma Content.
| TL;DR: Some functionalities and features of the application are free of charge. We also offer subscription plans that provide access to enhanced services and additional features If you have any questions about your purchases, contact us at [email protected]. |
|---|
We offer subscription plans that provide access to enhanced services and additional features for a fee (“Purchased Content”).
You may only use the Purchased Content if you are over 18 years old (or of age of legal majority where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable and revocable basis for non-commercial use only.
You may purchase a Purchased Content through a third party, such as the iOS App Store or Google Play. If you purchase a Purchased Content from a third party, separate terms and conditions with such third party in addition to these terms may apply to your access to the Prisma.
Your payment to the third party through which you purchased the Purchased Content will automatically renew and continue until terminated. You must cancel your subscription before it renews in order to avoid paying the subscription fees for the next billing period. We reserve the right to modify, terminate, or otherwise amend the subscription plans we offer from time to time.
Please contact the third party (Apple App Store or Google Play) regarding any refunds or to manage your Purchased Content.
We are unable to view, access, or modify any financial transactions from Apple (as defined below) or Google LLC in-app subscriptions for security and privacy reasons. Instead, we would ask that you reach out to the appropriate support team of Apple or Google LLC in relation to your subscription to request any refunds.
You can cancel your Purchased Content by signing in to your account and following the instructions for canceling your subscription.
If made via a Google in-app subscription or purchase learn more about refunds from Google Play here.
You can request a refund for an Apple in-app subscription or purchase by following the guidance here.
If you bought a subscription on the web, please contact us at [email protected] for such subscription cancellation or any other subscription-related questions/requests.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND FOR THE PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR THE UNUSED PURCHASED CONTENT, WHETHER YOUR LOSS WAS VOLUNTARY OR INVOLUNTARY.
| TL;DR: If we display in the application or on our website any content that infringes someone’s copyright, please let us know. You can find all the details on how to notify us below. |
|---|
It is our policy to respect the legitimate rights of copyright owners, and we will respond to notices of alleged copyright infringement that comply with applicable law. If you believe that any text, graphics, photos, audio, music, videos or other materials or works, including any User Content, uploaded, downloaded or appearing on Prisma have been copied in a way that constitutes copyright infringement, you may request removal of that User Content (or access to it) from Prisma by submitting a written notification to our copyright agent designated below.
In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), such written notice ("DMCA Notice") must include substantially the following:
Your physical or electronic signature as the copyright owner or as a person authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works (User Content) presented on Prisma, a representative list of such works.
Identification of the User Content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that User Content on Prisma (including the provision of links thereto).
Information reasonably sufficient to permit us to contact you, such as your name and email address, postal address, and telephone number.
A statement that you have a good faith belief that use of the work in the manner complained of is not authorized by you as the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our designated Copyright Agent to receive the DMCA Notices is:
| Copyright agent: | Andrey Usoltsev |
|---|---|
| Address: | 440 N Wolfe Rd Sunnyvale, CA 94085 Suite #: D2028 |
| Telephone number: | +1 (650) 215-8003 |
| E-Mail address: | [email protected] |
If you fail to comply with any of the above requirements to the DMCA Notice, your DMCA Notice may not be effective and, therefore, will be disregarded and not enforced by us. This does not preclude you from sending a follow-up DMCA notice on the same.
Please be aware that if you knowingly materially misrepresent that any material, including User Content, or activity within Prisma is infringing your copyright or the copyright of a person that you know, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
| TL;DR: we will be happy to receive your feedback about Prisma. Please note that your feedback is not confidential, unless expressly declared otherwise, and we will be able to use it (for example, to display on our website or to post on our social media account). |
|---|
We welcome any your feedback, questions, comments, suggestions, ideas, original or creative materials or other information you submit about us or Prisma.
You can submit your feedback by:
using the “Send Feedback” button in the application settings;
contacting us at [email protected]
leaving a review in Apple App Store or Google Play.
Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicise such contents at our own discretion. You agree to authorise us to make use of such contents for free, and revise, modify, adjust and change it contextually, or make any other changes, in each case as we deem appropriate.
| TL;DR: if you breach the rules, and we receive claims for it, we may ask you to compensate us financially. |
|---|
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your use of Prisma; (ii) your User Content or feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with Prisma. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.
Your use of Prisma is at your sole risk. Prisma is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that Prisma is accurate, complete, reliable, current or error-free, free of viruses or other harmful components. You assume the entire risk as to the quality and performance of Prisma within your use.
The Company, as well as Company’s officers, directors, agents, employees, representatives, affiliates, suppliers, partners, advertisers, or data providers (the “Company Parties”) will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use or misuse of Prisma.
In no event will the Company’s total liability arising out of or in connection with these Terms or from the use of or inability to use Prisma exceed the amounts you have paid to use Prisma or one hundred ($100) U.S. dollars, if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.
The limitations set forth in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
None of the Company or any of its officers, directors, agents, affiliates, employees, representatives, suppliers, partners, advertisers, or content providers, or any third parties mentioned on Prisma shall be liable for any personal injury, including death, caused by your Use or misuse of Prisma. The laws of some states / countries impose restrictions on limiting liability. Nothing in these Terms excludes or limits our liability to you where it would be unlawful to do so. Where any provision is expressed to exclude or limit liability to a greater extent than permitted by applicable law, that provision shall be deemed to only exclude or limit our liability to the maximum extent permitted by the applicable law.
To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code §1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or Prisma resolved in court. Instead, all disputes arising out of or relating to these Terms or Prisma will be resolved through confidential binding arbitration in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
ANY ARBITRATION UNDER THESE TERMS BY EITHER YOU OR US WILL ONLY BE ON AN INDIVIDUAL BASIS.
CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED.
YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.
You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR PRISMA MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying the Company in writing. The notification must be sent to:
Prisma Labs, Inc.
Re: Arbitration Opt-out
In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with this Section.
| TL;DR: this agreement is governed by the laws of the State of California. |
|---|
These Terms and your use of Prisma will be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user's country. This paragraph doesn’t override those laws.
Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.
We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. In case we make substantial changes to the Terms, including the changes that might affect your rights, we will always notify you via in-app consent, email, or any other means of communication we may deem fit. If you do not agree to the amended terms, you must stop using Prisma. Your continued use of Prisma after we provide the notice will imply your acceptance of those changes.
By using Prisma, you also agree to receive electronic communications from us, including via email, push notifications and by posting notices on Prisma. The communications between you and us may take place via electronic means, whether you use Prisma or send us emails, or whether we post notices on Prisma or communicate with you via email. These communications may include notices about Prisma and the Purchased Content and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Communications from us may include but are not limited to: operational communications concerning your Account or the use of Prisma (e.g., technical and security notices, updates to the Privacy Policy and Terms), and updates concerning new and existing features (e.g., changes/updates to features of Prisma and their scope, prices of in-app subscriptions).
You may opt-out of receiving promotional emails from us at any time through any of the following methods:
by following the opt-out links in any promotional email sent to you; or
through Prisma settings on your mobile device; or
by contacting us at any time at [email protected].
You may opt-out of push notifications by changing the settings on your mobile device.
We reserve the right, without notice and in our sole discretion, to terminate your right to use Prisma. We are not responsible for any loss or harm related to your inability to use Prisma. Upon any termination, discontinuation or cancellation of Prisma, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
The software that supports Prisma may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.
You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the application nor any technical data related thereto nor any direct product or products derived from or based on such technology received from Prisma under these Terms of use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
The following terms apply if you use Prisma on any device that contains the iOS mobile operating system developed by Apple Inc. (“Apple”).
Acknowledgement. You acknowledge that these Terms are concluded solely between you, and not with Apple, and us, not Apple. We are solely responsible for the application and the content thereof. You further acknowledge that the usage rules for the application are subject to any additional restrictions set forth in the usage rules for the Apple App Store terms of service as of the date you download the application, and in the event of any conflict, the usage rules in the Apple App Store shall govern if they are more restrictive. You acknowledge and agree that you have had the opportunity to review the Apple usage rules.
Scope of License. The license granted to you is limited to a non-transferable license to use the application on any iPhone, iPod touch or iPad that you own or control as permitted by the Apple usage rules set forth in the Apple App Store terms of service.
Maintenance and Support. You and us acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application.
Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the application. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the application by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application. You and the Company acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of the Company. However, you understand and agree that in accordance with these Terms, the Company has disclaimed all warranties of any kind with respect to the application, and therefore, there are no warranties applicable to the application.
Product Claims. You and the Company acknowledge that as between Apple and the Company, the Company, not Apple, is responsible for addressing any claims relating to the application or your possession and/or use of the application, including, but not limited to (i) product liability claims, (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights. You and the Company acknowledge that, in the event of any third party claim that the application or your possession and use of the application infringe third party’s intellectual property rights, the Company, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted persons.
Developer Contact Details. Any questions, complaints or claims with respect to the application should be directed to [email protected]
Third-Party Terms of Agreement. You agree to comply with any applicable third-party terms when using the application.
Third-Party Beneficiary. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof).
If you have any questions, complaints or claims with respect to these Terms or Prisma, please contact us via email at [email protected].
These Terms constitute the entire agreement between you and us relating to Prisma and your use of Prisma, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you relating to Prisma and your use of Prisma.
The language of these Terms is the English language only.
You hereby irrevocably waive any law applicable to you requiring that these Terms shall be localized to meet your language (as well as any other localization requirements), or requiring a delivery or retention of non-electronic records.
The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.
Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If any provision of these Terms is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of the Dispute Resolution; Binding Arbitration Section above or by court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. The Section titles in these Terms are for convenience only and have no legal or contractual effect.
Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity.
You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.