ACCUPAI SNAP Terms of Use

1.0Definitions

1. “Accuvally” means Accuvally Inc. (whose Chinese corporate name is 盈科泛利股份有限公司).
2. “ACCUPAI SNAP” or “the App” means the mobile application provided by Accuvally.
3. “the Services” means the App and its related functions and services.
4. “User” means a person who has obtained a valid account and uses the Services.
5. “Cooperative Project” means the photography work performed by the User pursuant to the cooperative arrangements between the User and Accuvally.
6. “Cooperative Photos” means the photos and images shot, produced, or provided by the User in connection with a Cooperative Project, or captured, read, uploaded, synchronized, or transmitted through the Services in connection with a Cooperative Project.

2.0Scope of Application

1. These Terms govern the rights and obligations arising between the User and Accuvally in connection with the User’s use of ACCUPAI SNAP.
2. By checking the consent box upon first login, or by commencing use of the Services, the User is deemed to have read, understood, and agreed to comply with these Terms.
3. Where the User and Accuvally have otherwise entered into a written agreement with respect to a specific Cooperative Project, that written agreement and these Terms shall each apply to the matters they respectively govern; in the event of any conflict, the written agreement shall prevail.

3.0Account and Right of Use

1. The Services are available only to Users who have obtained a valid account.
2. During the period of cooperation, Accuvally grants the User a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to use the Services in accordance with these Terms and for the purposes of the cooperation.
3. In the course of account use, login, and security management, Accuvally may process login times, device identification information, IP addresses, browser or App information, and session records, in order to maintain account and system security.

4.0Photo Upload and Backup Responsibilities

1. The photo capture, synchronization, upload, or storage functions of the Services do not constitute a guarantee that the Services will serve as the sole or permanent means of backup. The User shall, on his or her own, retain the camera memory card, the original files, or other appropriate backups.
2. The User shall confirm whether the Cooperative Photos have been successfully uploaded, and shall not delete, format, or overwrite the original files on the camera memory card before confirming that the photos have been uploaded in their entirety and the Cooperative Project has been completed.

5.0Cooperative Photos and Ownership of Copyright

1. The User expressly acknowledges and agrees that, unless otherwise agreed in writing between the User and Accuvally, the authority to manage, possess, use, and dispose of the Cooperative Photos and of their original files, preview files, thumbnails, edited files, and derivative files shall vest in Accuvally, and the economic rights in the Cooperative Photos shall likewise vest in Accuvally as stipulated in this Article.
2. The author of the Cooperative Photos shall be determined in accordance with applicable law. Where the User is the actual creator of the Cooperative Photos, the User agrees, to the extent permitted by law, to assign all economic rights therein to Accuvally upon completion of each Cooperative Photo; the consideration for such assignment is already included in the remuneration or other agreed consideration that the User is entitled to receive for the Cooperative Project under the cooperative arrangements, and the User shall not claim any additional consideration.
3. The scope of the assignment under the preceding paragraph includes the rights of reproduction, public broadcast, public presentation, public transmission, public display, adaptation, compilation, distribution, rental, and all other economic rights assignable under law; the territory of the assignment shall be worldwide, and its term shall be the entire duration of subsistence of each such right.
4. Accuvally may, for the purposes of Cooperative Projects, album production, photo organization, retouching, storage, backup, display, download, delivery, marketing and promotion, and ACCUPAI-related services, use the Cooperative Photos by itself or through necessary service providers engaged by it.
5. Moral rights, which may not be assigned under law, shall remain vested in the author; the User agrees, to the maximum extent permitted by law, not to exercise moral rights against Accuvally or against any person using the Cooperative Photos with Accuvally’s consent, and agrees that Accuvally may determine, according to its exploitation needs, whether to indicate the User’s name.
6. Without the prior written consent of Accuvally, the User shall not, download, reproduce, make public, distribute, sell, license, upload to other platforms, or otherwise exploit the Cooperative Photos, whether directly or by making them available to others; provided, however, that the foregoing shall not apply to acts performed for the performance of a Cooperative Project and within the scope expressly authorized by Accuvally.
7. The User warrants that he or she has the right to vest in, or assign to, Accuvally the relevant rights in the Cooperative Photos in accordance with these Terms, and shall, upon Accuvally’s request, execute the necessary documents or take the necessary actions.
8. This Article does not affect the ownership of cameras, memory cards, mobile devices, or other physical equipment as such.
9. The User shall not upload photos, images, or other materials that the User has no right to provide, use, or license. Unless otherwise agreed in writing, pre-existing materials or materials licensed from third parties shall not, by the mere fact of being uploaded to or used with the Services, be deemed to have all rights therein transferred to Accuvally.
10. Without the prior written consent of Accuvally, the User shall not use the Cooperative Photos in a portfolio, as examples of the User’s work, or for any other personal promotional purpose.

6.0Image Analysis and Derivative Data

Depending on album or project settings, the Services may subject the Cooperative Photos to thumbnail generation, watermarking, image text recognition, face detection, facial feature comparison, photo classification, and search indexing, and may generate derivative files, recognition results, positional information, or technical metadata; the processing of personal data in connection therewith shall be governed by the ACCUPAI SNAP Privacy Policy.

7.0Rules of Use

1. The User shall not use the Services for any unlawful purpose.
2. The User shall not, without authorization, access the accounts, albums, photos, systems, or data of any other person, nor circumvent, damage, interfere with, reverse engineer, probe, or test the security and operational mechanisms of the Services.
3. The User shall not affect the normal operation of the Services or of the servers by means of automated tools, high-volume requests, or other unreasonable methods.
4. The User shall not remove or alter any proprietary notices, watermarks, identification information, or technological protection measures contained in the Services, the Cooperative Photos, or the related displays.
5. The User shall not upload photos unrelated to the collaborative album or the Cooperative Project, nor use the face search function for any unauthorized purpose, nor circumvent any restrictions on album access, display, download, or other permissions.

8.0Intellectual Property Rights in the App and the System

1. The intellectual property rights in the App, the Services, ACCUPAI, and the related software, interfaces, designs, text, images, trademarks, logos, databases, and technology are owned by Accuvally or the respective rights holders.
2. Except for the right of use expressly granted under these Terms, these Terms do not transfer to the User any right in the App or the Services.
3. Without the prior written consent of Accuvally, the User shall not reproduce, modify, distribute, sell, rent, sublicense, reverse engineer, or otherwise exploit the App or the Services.

9.0Confidentiality Obligations

1. The User shall keep confidential all non-public information of which the User becomes aware by reason of the cooperation or of the use of the Services, including information concerning Cooperative Projects, albums, photos, clients, events, processes, technology, accounts, and systems.
2. Except for the performance of a Cooperative Project or with the prior written consent of Accuvally, the User shall not disclose or deliver confidential information to any other person, nor use or copy such information.
3. The obligations under this Article shall survive the termination of the cooperative relationship or of the account.

10.0Modification, Restriction, and Termination of the Services

1. Accuvally may, for reasons of maintenance, updating, information security, laws and regulations, technology, or operational needs, adjust, expand, restrict, suspend, or discontinue the Services in whole or in part.
2. Where the User violates these Terms, the cooperation agreements, or laws and regulations, infringes the rights and interests of others, endangers the security of systems or data, or exceeds the scope of authorization, or where the cooperative relationship with Accuvally is terminated, Accuvally may restrict, suspend, or terminate the User’s account and access to the Services.
3. Upon termination of the account or of the cooperative relationship, the User shall cease using the Services and cease accessing the collaborative albums, the Cooperative Photos, or other confidential information, and shall delete any Cooperative Project photos retained without authorization on the User’s devices; Accuvally may require the User to confirm that such deletion has been completed. The User shall not continue to make use of the foregoing data.
4. Termination of the account or of the cooperative relationship shall not affect the Cooperative Photos and the related rights already acquired by Accuvally pursuant to Article V, nor shall it affect any rights or obligations that accrued prior to termination or that, by their nature, survive termination.

11.0Liability and Risk

1. The User shall be responsible for his or her equipment, network, manner of operation, account management, and shooting activities, for the content of the photos, and for the lawfulness of the acquisition of rights and of the data provided.
2. To the maximum extent permitted by applicable law, Accuvally does not warrant that the Services will be uninterrupted or error-free or compatible with all equipment, or that any photo will necessarily be successfully captured, uploaded, preserved, processed, or delivered.
3. Accuvally shall not be liable for any loss arising from the User’s failure to make backups, accidental deletion, equipment failure, connection anomalies, force majeure, or any other cause not attributable to Accuvally.
4. Where the User’s violation of these Terms, the cooperation agreements, or laws and regulations causes Accuvally to suffer any damage, claim, sanction, cost, or expense, the User shall be responsible for handling the matter and shall compensate Accuvally for the damage and the reasonable costs incurred thereby.
5. Any liability that Accuvally may not exclude or limit under law shall not be subject to the limitations of this Article.

12.0Privacy Policy

The collection, processing, use, storage, and protection of, and the rights relating to, the personal data, account and device records, photos, EXIF information, geolocation information, facial feature data, image text recognition results, and other data involved in the User’s use of the Services shall be governed by the most current version of the ACCUPAI SNAP Privacy Policy.

13.0Amendment of These Terms

1. Accuvally may amend these Terms as necessary due to changes in the Services, applicable laws or regulations, technology, or operational needs.
2. The amended Terms shall take effect on the effective date stated therein or upon their publication. In the event of a material change, Accuvally will notify Users by reasonable means. The User’s continued use of the Services after the amendment shall be deemed to constitute acceptance of the amended Terms.
3. A User who does not agree to the amended Terms shall cease using the Services.

14.0General Legal Provisions and Dispute Resolution

1. These Terms constitute the entire legal agreement between the User and Accuvally concerning the User’s use of the Services, except with respect to any services provided by Accuvally to the User under any other written agreement, and supersede any prior agreements reached between the parties with respect to the Services.
2. Any failure by Accuvally to exercise or enforce any right or remedy set forth in these Terms or available to it under law shall not be deemed a waiver of such right or remedy by Accuvally.
3. If any provision of these Terms is held invalid by a court of competent jurisdiction, such provision shall not affect the validity of the remaining parts of these Terms, which shall remain in full force and effect and continue to be enforceable.
4. These Terms, and the relationship between the User and Accuvally arising under these Terms, shall be governed by the laws of the Republic of China (Taiwan). Any legal matter or dispute arising from these Terms shall be subject to the jurisdiction of the Taiwan Taipei District Court as the court of first instance.