1. WELCOME

1. Ekatox operates a service, which we make available through an application available for download on your device (the " Facemoji App"), that allows users to customise the keyboard on their mobile device, and to send emojis, stickers and GIFs (the "Service").

2. The Service is provided by Ekatox Singapore Private Limited (" Ekatox ", the "Company," "we," or "us"). Ekatox is a company registered in Singapore, with its address at 137 Telok Ayer Street, #08-01, Singapore 068602.

2. YOUR RELATIONSHIP WITH US

1. This document and any documents referred to within it (collectively, the "Terms of Use") explains the terms on which you may use the Service and any keyboards you create through the Service.

2. Please read these Terms of Use carefully to ensure that you understand them before you use the Service.

3. By accessing or using the Service, you signify that you have read and understood these Terms of Use. If you do not agree to these Terms of Use, please do not use the Service.

3. YOUR INFORMATION

1. Your privacy is important to us. Please read our Privacy Policy ( https://www.facemojikeyboard.com/page/privacy/appstore/privacy.html ) to understand how we collect, use and share information about you.

4. USE OF THE SERVICE

1. The Facemoji App and Facemoji Keyboard is a service that allows you to customise the keyboards you use on your mobile device and to send emojis, stickers and GIFs to others.

2. To access the Service, you must download the Facemoji App on your mobile device, and set up an account with an ID and password (your "Account"). We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.

3. You must be 13 years or older and capable in your country of residence of entering into a legally binding agreement to use the Service.

4. You may connect to the Service with a third-party service ( e.g. LinkedIn, Facebook or Twitter) and you give us permission to access and use your information from that service as permitted by that service and as set out in our Privacy Policy.

5. You are responsible for maintaining the confidentiality of your login details and any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact us at facemojikeyboard.service@gmail.com straight away to let us know.

6. We may, from time to time, provide social features on the Service, which enable you to share information and content that you create using the Service with other users. Any use of these social features should comply with our Rules of Acceptable Use below.

5. YOUR RIGHT TO USE THE SERVICE

1. The materials and content comprising the Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Service in accordance with these Terms of Service.

2. Your right to use the Service, and any content that we make available through the Service, is personal to you and you are not allowed to give this right to another person. Your right to use the Service does not stop us from giving other people the right to use the Service.

3. We allow you to download the Facemoji App for use on your mobile device for the sole purpose of accessing and using the Service in accordance with these Terms of Use and we grant you a non-exclusive, personal, non-transferable license for this sole purpose.

4. Unless allowed by these Terms of Use and as permitted by the functionality of the Service, you agree:

a. not to copy the Service, any portion of the Service or content available through the Service;

b. not to give or sell or otherwise make available the Service, any portion of the Service or content available through the Service to anybody else;

c. not to change the Service or any portion of the Service or content available through the Service in any way;

d. not to look for or access the code of the Service or any portion of the Service that we have not expressly published publicly for general use.

5. You agree that all confidential information, copyright and other intellectual property rights in the Service belong to us or the people who have licensed those rights to us.

6. You agree that you have no rights in or to the Service other than the right to use them in accordance with these Terms of Use.

6. APPLE APP STORE PROVISIONS

1. This clause 6 applies where the Facemoji App has been acquired from the Apple App Store. You acknowledge and agree that the Terms of Use are solely between you and Ekatox , and not with Apple Inc. (" Apple ") , and that Apple has no responsibility for the Facemoji App or content thereof. Your use of the Facemoji App must comply with the App Store Terms of Service.

2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Facemoji App. In the event of any failure of the Facemoji App to conform to any applicable warranty, you may notify Apple, and where applicable Apple will refund the purchase price for the Facemoji App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Facemoji App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by the Terms of Use and any law applicable to Ekatox as provider of the Facemoji App.

3. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Facemoji App or your possession and/or use of the Facemoji App, including, but not limited to: ( i ) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by the Terms of Use and any law applicable to Ekatox as provider of the software.

4. You acknowledge that, in the event of any third-party claim that the Facemoji App or your possession and use of the Facemoji App infringes that third party’s intellectual property rights, Ekatox , not Apple, will be solely responsible for the investigation, defense , settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms of Use.

5. You represent and warrant that ( i ) You are not located in a country that is subject to 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 parties.

6. You and Ekatox acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms of Use as relates to your license of the Facemoji App, and that, upon your acceptance of the terms and conditions of the Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use as relates to your license of the Facemoji App against you as a third-party beneficiary thereof.

7. PREMIUM CONTENT

1. We do not charge you a fee to access the Service; however, we may, from time to time, make certain premium content and premium features available through the Service, such as certain themes for the Facemoji Keyboard and the ability to create and share custom skins for the Facemoji Keyboard (the "VIP Features"). After the end of the Trial Period (as set out in clause 8), we will charge you a regular subscription fee (the "Subscription Fee") in respect of your use of the VIP Features.

2. When you subscribe to the VIP Features , you will need to select a weekly or monthly subscription period (your "Subscription Period"). You authorize us to charge the applicable Subscription Fee to the Apple App Store account linked to your device at the beginning of each Subscription Period. You confirm that you have the right to use the relevant account to make purchases on your device.

3. Your subscription to the applicable VIP Features will automatically renew at the end of each Subscription Period for a further Subscription Period, and we will charge you the applicable Subscription Fee for the next Subscription Period. If you do not want to renew your subscription to the VIP Features, you will need to tell us at least 24 hours before the end of the then-current Subscription Period ( i.e. before your subscription renews). You can do this through the appropriate settings on your device or Apple App Store account.

8. FREE TRIAL

1. We offer a free trial of the VIP Features for 3 days after you have downloaded the Facemoji App and created your Account (the "Trial Period").

2. During the Trial Period we will not charge you any Subscription Fees for using the VIP Features. On the day after the Trial Period ends, we will charge you the Subscription Fee for the next Subscription Period, unless you indicate to us that you do not wish to continue using the VIP Features after the end of the Trial Period. You can do this by using the appropriate settings on your device or Apple App Store account.

9. USER CONTENT

1. Some functionalities of the Service allow you to provide, share or post content or information such as images, videos, music and comments, and to create and upload custom skins for your Facemoji Keyboard (collectively, "User Content").

2. We claim no ownership rights over User Content created by you. You grant us a worldwide, non-exclusive, royalty- free and perpetual license to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, license , sub- license , and exploit the User Content anywhere and in any form for the purposes of providing and improving the Service.

3. You must ensure that you are able to grant us the above license for any third party owned content you include in your User Content.

4. Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Policy ( https://www.facemojikeyboard.com/page/privacy/appstore/privacy.html ) which provides information on how we use your personal information.

5. You confirm that your User Content will meet the Rules of Acceptable Use. We have the right to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Rules of Acceptable Use.

10. RULES OF ACCEPTABLE USE

1. When using the Service, you must not:

a. attempt to circumvent, disable, compromise or otherwise interfere with any security related features of the Service;

b. permit another person to use the Service on your behalf unless such person is authorized by you;

c. use the Service if we have suspended or banned you from using it;

d. advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;

e. modify, interfere, intercept, disrupt or hack the Service;

f. misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service's own equipment;

g. collect any data from the Service other than in accordance with these Terms of Use;

h. submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;

i . submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;

j. use any User Content in violation of any licensing terms specified by the owner;

k. submit or contribute any information or commentary about another person without that person's permission;

l. threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or

m. use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Service in a manner that send more request messages to the Service than a human can reasonably produce in the same period of time .

2. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Use, and may result in our taking all or any of the following actions (with or without notice):

a. immediate, temporary or permanent withdrawal of your right to use our Service;

b. immediate, temporary or permanent removal of any User Content;

c. issuing of a warning to you;

d. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

e. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

3. The responses described in clause 10.2 are not limited, and we may take any other action we reasonably deem appropriate.

11. NOTICE AND TAKEDOWN POLICY

1. Any person may contact us by sending us an "Infringement Notice" if any content available through our Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to facemojikeyboard.service@gmail.com . Please provide the following information in the Infringement Notice:

a. your name and contact details;

b. a statement explaining in sufficient detail why you consider that the content available through our Service infringes your rights or fails to comply with our Rules of Acceptable Use; and

c. a link to or such other means of identifying the problematic content.

2. We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.

12. ENDING OUR RELATIONSHIP

1. If at any time you do not feel that you can agree to these Terms of Use or any changes made to the Terms of Use or the Service, you must immediately stop using the Service. If you have subscribed to any VIP Features, you will need to notify us that you wish to stop using the Service at least 24 hours before the end of the then-current Subscription Period ( i.e. before your subscription to the VIP Features renews). You can do this through the appropriate settings on your device or your Apple App Store account.

2. We may immediately end your use of the Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Service including these Terms of Use.

3. We may also withdraw the Service as long as we give you reasonable notice that we plan to do this.

4. If you or we end your use of the Service or we withdraw the Service as described in this section, we may delete your User Content or any other information we hold about you. You will also lose any rights you have to use the Service or access translated content provided by us under the Service or your User Content. We will not offer you compensation for any losses.

5. The termination of your use of the Service and shall not affect any of your obligations to pay any sums due to us.

6. Nothing in this clause 12 affects any legal rights you may have under the law of the country in which you are resident.

13. OUR LIABILITY / RESPONSIBILITY TO YOU

1. Unfortunately, due to the nature of the Internet and technology, the Service is provided on an "as available" and "as is" basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Use and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

2. In the event of a claim arising out of the provision of the Service, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.

3. In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

4. The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence.

14. RESOLVING DISPUTES

1. If you have a dispute with us relating to the Service, in the first instance please contact us at facemojikeyboard.service@gmail.com and attempt to resolve the dispute with us informally.

2. In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.

15. UPDATES

1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Service.

2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service ("changes to the Service"). These changes to the Service may affect your past activities on the Service, features that you use and your User Content ("Service elements"). Any changes to the Service could involve your Service elements being deleted or reset.

3. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service.

16. THIRD-PARTY LINKS AND INFORMATION

1. The Service may display or contain links to third party software or other materials created by other parties ("Third Party Content"). Your use of this Third Party Content may be subject to additional terms and conditions imposed by that third party.

17. CHANGES TO THE DOCUMENTS

1. We may revise these Terms of Use from time to time but the most current version will always be at https://www.facemojikeyboard.com/page/terms/facemoji_agreement.html .

2. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.

3. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

18. DOCUMENTS THAT APPLY TO OUR RELATIONSHIP WITH YOU

1. The current version of the Terms of Use contains the only terms and conditions that apply to our relationship with you.

2. We intend to rely on these Terms of Use as setting out the written terms of our agreement with you for the provision of the Service. If part of the Terms of Use cannot be enforced then the remainder of the Terms of Use will still apply to our relationship.

3. If you do not comply with these Terms of Use and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

19. LAW

1. English law will apply to all disputes and the interpretation of these Terms of Use. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. This does not affect your rights under applicable consumer law in the country where you are resident, including your ability to bring a claim against us in the courts of that country.

20. SEVERABILITY

1. If any provision of these Terms of Use is judged to be illegal or unenforceable, this will not affect the continuation in full force and effect of the remainder of the provisions.

21. CONTACT

1. Please contact us at facemojikeyboard.service@gmail.com with any questions regarding these Terms of Use.

2. We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.

These Terms of Use were last modified on September 21, 2022 .