By registering for membership with GAP Software Ltd. (“GAP”) and using GAP services and features (“Services”), you (“User”) are agreeing that this Terms of Services will apply and that you are bound by these terms (“Agreement”).

Membership and Subscription

User shall register for GAP's membership before subscribing GAP services; the membership registration is free of charge. User may apply for new accounts via valid emails or through social media accounts including Facebook, Twitter, LinkedIn, Google, WeChat and QQ for the membership registration. In the event that the emails or social media accounts used by a User for membership registration is/are found to be invalid, you agree that GAP shall have right at its sole discretion to suspend such User’s GAP account and/or delete or remove any and all files stored under such account without any liability. If a User encounters subscription or payment refund problems that are resulted from using invalid emails or social media accounts, subsequent handling will take place only if such a User has resubmitted and verified a valid email or social media account and upon confirmation that such resubmitted account belongs to the User making the compliant. User is deemed to have agreed to receive any emails or e-newsletters that will be sent by GAP upon making the application for GAP’s membership registration. User will be charged only for and when subscribing and purchasing GAP services for cloud space or Services.

Services

The Services provided on GAP services include the services packaged with products User may have subscribed.

Application

The cloud storage purchased is compatible and accessible to and by all GAP Apps supporting the GAP Cloud Storage. Any supplementing or peripheral services and features provided by GAP other than GAP Cloud may not be compatible to all GAP Apps. GAP is committed to continually provide new APP services to User to optimize the user experience.

Cloud Storage on Applications

User shall log in to the account on GAP Cloud on the purchased App(s) before User can access and use the Services purchased.

Subscription and Trial

GAP services provide free trial for a specified period to be determined by GAP from time to time for accessing and using the Services (“Free Trial”). Free Trial may be activated by one of the following methods: (1) by clicking the “Free Trial” button and starting subscription on GAP’s apps (2) by redeeming the redeem code (User will be required to provide credit card details for code redemption) or gift card on the website of GAP’s Creative Store ; or (3) User may obtain Free Trial or extend Free Trial by using GAP’s Referral Program either through sending invitation to friends or accepting invitation from friends and upon completion of designated tasks (e.g. account registration or app downloading)

After subscribing or activating GAP’s Services through Free Trial, User can view his or her current status of subscription under My Account of GAP Apps. User can also renew or cancel his or her subscription by following one of the methods described below:

Upon the expiration of the Free Trial period, for User activating the Free Trial through method (1) above, such User will automatically become a paying user of GAP services and subscription fee will be charged by subtracting funds from User’s account. User’s subscription will be automatically renewed until User unsubscribes to his or her GAP services subscription. If User wishes to unsubscribe to his or her fee-paying subscription by the end of the Free Trial period, User should follow the instructions available on https://support.apple.com/en-us/HT202039.

For User activating the Free Trial through method (3) above, procedures for subsequent fee-paying subscription or cancellation of subscription shall follow the procedures set forth for the method (e.g. method (1) or (2) ) User first obtains his or her access to the Free Trial.

Referral Program

For a registered member of GAP who has been verified, he or she can obtain free trial of Creativity 365 or Document 365 or extend the period of free trial or subscription of Creativity 365 or Document 365 by inviting friends. Both inviter and invitee will obtain 30 days rewards of Creativity 365 or Document 365. Methods of referral include the followings:

For a verified GAP’s member, he or she can send referral link through Email, Facebook or Twitter on Apps supported by GAP’s Referral Program. Every invitation sent by each member has a unique url. If a friend being invited has registered on either GAP’s website or GAP’s apps and being verified to become GAP’s member through such referral link, both the inviter and the invitee (i.e. the friend) can obtain 30 days rewards of Creativity 365 or Document 365 (the “Reward”). Apps supported by GAP’s Referral Program include:

Creativity 365: Animation Desk, NoteLedge, PDF Markup, Pocket Scanner, and Write-on Video

Document 365: PDF Reader

In the event that the inviter or the invitee has already paid fees for trial or subscription of Creativity 365 or Document 365, the 30 days Rewards will be given by extending the original period of use for such an inviter or the invitee. As GAP adopts automatic billing for renewal of subscription, the Rewards days will be given after the subscription period ends.

If User would like to check the status of his or her Creativity 365 or Document 365, User can view his or her subscription status of Creativity 365 or Document 365 under Account Info by logging into the App by using GAP ID.

Subscription Cancellation

If User subscribes to GAP’s Services via in-app purchase, he or she shall follow the procedures set forth in the platform where User originally subscribed to the Services for viewing subscription history or cancelling automatic renewal. For instance, if User subscribed to GAP’s Services via Apple’s in-app purchase, he or she shall follow Apple’s procedures for subscription management or refund as set forth at https://support.apple.com/en-ap/HT202039; or if User subscribed to GAP’s Services via Window’s or Android’s in-app purchase, he or she shall follow Window’s or Android’s procedures as set forth at http://www.microsoftstore.com/store/msusa/en_US/DisplayHelpSubscriptionAutoRenewalPolicyPage or https://support.google.com/googleplay/answer/2476088?hl=en respectively. If however, User subscribed to GAP’s Services on the website of GAP’s Creative Store, he or she can view his or her subscription history or cancel his or her automatic renewal on the Order History webpage https://creativestore.goodappsplay.com/my-account. For special circumstances where refund is required, please contact us at https://www.goodappsplay.com/#contact-us, our customer service will provide further response.

For User subscribed to GAP’s Services on the website of GAP’s Creative Store, GAP’s refund policy is as follow:

User will receive 100 % refund if he or she cancels his or her subscription within 14 days of subscription. GAP may however charge processing costs of no more than 5% of the subscription payment.

User will receive up to 70% refund if he or she cancels his or her subscription within 15 ~30 days of subscription. GAP may however charge processing costs of no more than 5% of the subscription payment.

User is not entitled to any refund if he or she cancels the subscription after 30 days of subscription.

In the event that User unsubscribes to the Services prior to the expiration of the subscription, User may still access and use the Services until the expiration date. However, in the event that User obtains any refunds the Services shall be terminated automatically and simultaneously without prejudice.

User shall be solely responsible for the backup of files upon the refund or subscription cancellation. GAP shall in no event be held responsible or liable for any loss or recovery of files or damages therefrom.

File Backup

GAP Cloud provides only online storage space for files uploaded by User. GAP shall in no event be held responsible or liable for any loss, damage, or unauthorized use of files attributable to User or perpetrated by any third party.

User shall be solely and fully responsible for the safekeeping of password and backup of any and all files in all time throughout the subscription and in the event of subscription cancellation, disabling the auto-renewing subscription setting, declining the subscription renewal, requests for refunds or any discontinuation of the Services.

For the file backup, User shall retrieve and download the files on the GAP Cloud to User’s own devices or other storage space.

Subscription Expiration

Upon expiration of subscription, GAP will notify User by email to User’s registered email address or Facebook account.

Upon the expiration of subscription, the files maintained by User on GAP Cloud will remain in storage for 30 calendar days only for the purposes of file download and backup by User (“First Grace Period”); User will not be able to retrieve, modify, edit or upload any files on the cloud storage from the onset of the First Grace Period. Upon the expiration of the First Grace Period, the files will continue to remain in storage for another 30 calendar days only for the purpose of User’s subscription renewal and retrieval of files within such thirty-day period (“Second Grace Period”). During the Second Grace Period, User will not be able to upload, download or edit the files in cloud storage or use any features or services until the subscription is renewed. Upon the expiration of the Second Grace Period without any renewal of subscription, GAP may at its sole discretion delete or remove any and all files from the cloud storage.

Privacy Policy

GAP’s Privacy Policy (available on https://cloud.GAPmobile.com/articles/en/privacy_policy) shall govern and apply. Personal information that User supplies to GAP, and any information about User’s use of GAP’s website or Services that GAP obtained will be subject to GAP’s Privacy Policy

Compliance

User shall be solely and fully responsible and liable for the creation, content, reproduction and distribution of the files uploaded and stored on GAP services. GAP shall in no event be responsible or held liable for the foregoing in relation to the files or any actions by User or any third party.

Intellectual Property

User retains copyright in and to the files uploaded and stored on GAP services, however, grants GAP the non-exclusive, perpetual, unlimited, royalty-free, worldwide license and right to display, copy, reproduce, post and distribute for marketing and promotion purposes (including right to make minor modifications for technical or editorial reasons).

User understands and agrees that once any file has been uploaded to GAP services, User has the option to choose whether to make such file public. If User chooses to make any file uploaded public, it is deemed that User agrees to grant any other user of GAP services the non-exclusive, royalty-free right and license to download such file, and to copy, modify or make derivative works and upload such derivate works on any of the Services provided by GAP (e.g. My MarkUps and NoteTube) for non-commercial purposes.

User represents and warrants that the files uploaded on GAP services:

Are owned by User, or to the extent owned by someone else, that User has obtained that party’s express permission to provide the files for use, copying and distribution under the license in this Agreement;

Do not violate any copyright, trademark, trade secret or other intellectual property right;

Do not invade any individual’s right of privacy or publicity; and

Do not break the law (e.g. no obscene, inflammatory content etc.), facilitate the breaking of the law, or violate any applicable regulation, rule or policy.

Modifications

GAP reserves the rights at any time to make any amendments, adjustments or modifications of this Agreement, along with the right to set new price, impose new or additional terms or conditions regarding GAP’s service. Once published, the aforementioned amendments, adjustments, modifications or any other changes of this Agreement or service will be made retrospectively valid unless otherwise specified by the laws.

Termination of Subscription

In the event of any breach of the Agreement, any damages or losses incurred upon GAP in relation to the Services or any conditions GAP may consider necessary, GAP may terminate the Services or subscription without prejudice.

Upon termination of User’s account, User will lose all access to the Service and any portions thereof, including without limitations the account, user ID, email account and content.

Limitations on Use

User shall use the Services only for purposes as permitted by this Agreement and any applicable law, regulation or generally accepted practice in the applicable jurisdiction.

Disclaimer of Warranties

GAP does not guarantee, represent or warrant that the use of the Services will be uninterrupted or error-free, and User agrees that from time to time GAP may remove the Services for indefinite periods of time or cancel the Services in accordance with the terms of this Agreement.

User expressly understands and agrees that the Services are provided on an “as is’ and ‘as available’ basis. GAP and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, GAP and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (i) the Services will meet your requirements; (ii) the use of the Services will be timely, uninterrupted, secure or error-free; (iii) any information obtained by User as a result of the Services will be accurate or reliable, and (iv) any defects or errors in the software provided to User as part of the Services will be corrected.

GAP does not represent or guarantee that the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and GAP disclaims any liability relating thereto.

Any material downloaded or otherwise obtained through the use of the Services is accessed at User’s own discretion and risk, and User shall be solely and fully responsible for any damage to User’s device, computer or loss of data that results from the download of any such material. User also acknowledges that the Services are not intended or suitable for use in situations or environments where the failure or time delays of or errors or inaccuracies in the content, data or information provided by the Services could lead to death, personal injury or severe physical or environmental damage.

Indemnification

User agrees to defend, indemnify and hold GAP, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party, relating to or arising from: (i) any content User submits, posts, transmits or otherwise makes available through the Services; (ii) the use of the Services; (iii) any violation by User of this Agreement; (iv) any action taken by GAP as part of its investigation of a suspected violation of this Agreement or as a result of its finding or decision that a violation of this Agreement has occurred, or (v) your violation of any rights of any third party. User shall not sue GAP, its affiliates, subsidiaries, directors, officers, employees, agents, partners, contractors, and licensors as a result of its decision to remove or refuse to process any information or content, to warn User, to suspend or terminate User’s access to the Services, or to take any other action during the investigation of a suspected violation or as a result of GAP’s conclusion that a breach of this Agreement has occurred. User acknowledges that User is responsible for all use of the Services and that this Agreement applies to any and all usage of User’s account.

User agrees to comply with this Agreement and to defend, indemnify and hold harmless GAP from and against any and all claims and demands arising from usage of the Services or account, whether or not such use is expressly authorized by User.

The foregoing obligations shall survive the termination or expiration of this Agreement or User’s subscription.

Limitation of Liability

To the fullest extent permissible by law, in no event shall GAP, its affiliates, subsidiaries, directors, officers, employees, agents, suppliers or licensors be liable to User for any direct, indirect, incidental, special or consequential damages, including without limitations loss of use, data, business, goodwill or profits or cost of procurement of substitute goods or services, or other tangible or intangible losses, which may result from any matter or conduct by User or any third party in relation to, in connection with, through or on the Service, regardless of legal theory, whether or not GAP has been warned of the possibility of such damages, and even if a remedy may fail of its essential purpose.

Governing Law and Dispute Resolution

This Agreement and the relationship between GAP and User shall be governed by and interpreted with the laws of Taiwan, the Republic of China (R.O.C.), excluding its conflicts of law provisions. In the event of dispute in relation to the Services, User agrees to submit to the personal and exclusive jurisdiction of the Tainan District Court in Taiwan, the Republic of China (R.O.C.).

This Terms of Service was last updated on Monday, july 8, 2019.

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