FYT PHOTO AND VIDEO EDITOR END-USER LICENSE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE APP
Laws concerning the use of this app vary from country to country. FYT Photo and Video Editor don’t encourage or condone its use if it is in violation of these laws. FYT Photo and Video Editor does not encourage or condone the illegal downloading, duplication or distribution of copyrighted content.
Before using FYT Photo and Video Editor, please make sure i) you are not breaching the terms and conditions of the provider, platform or website (some of them expressly prohibits the use of this kind of applications). Any violation of the above is your sole responsibility and, to the extent allowed by law, FYT Photo and Video Editor disclaims any liability therein.
FYT Photo and Video Editor is an application which allows you to edit photos and videos and add certain features and content as available (hereinafter the “App“). The App is provided by Softonic International, S.A. (“Softonic“, “we“, “us” and “our“), with Tax Identification Number A-62134341, whose registered office is at Calle Roc Boronat, 117, 6th floor 08018 Barcelona (Spain).
This licence is a legal agreement between us and you for use of the App (“Terms”). We licence use of the App to you on the basis of these terms and subject to any rules or policies applied by any app store provider or operator from whose site (“Appstore”), you download the App (“Appstore Rules“). We do not sell the App to you and remain the owners of the App at all times.
By installing you agree that these Terms apply to your use of the App and any of the services accessible through the App (“Services”). By installing the App, you agree to these Terms. If you do not agree to these Terms, cancel the installation process and do not use or access the App. If you do not accept, we will not license the App and you will not be able to download or stream a copy of the App.
1. YOUR RIGHTS
1.2 You warrant that you have read, agreed to and accepted the Appstore Rules and undertake to comply with the latter.
1.3 You may download or stream a copy of the App onto an unlimited number of on any compatible devices (“Devices”).
1.4 You are fully responsible for ensuring that the owners of any Devices used, but not owned, by you have agreed that you may download or stream a copy of and use the App on that Devices. You accept responsibility in accordance with the terms of these Terms for the use of the App on or in relation to any Device, whether or not it is owned by you.
2. YOUR USE OF THE APP
2.1 You agree:
2.1.1 that you are solely liable to ensure that you have any and all lawful rights and licenses to use equipment and other facilities necessary for the use of the App, including, without limitation, Internet access and mobile phones. Softonic shall not be liable for any cost or expense whatsoever, incurred in relation to acquiring or using such equipment or facilities necessary for the use of the App. Softonic will not be liable for any data usage or similar fees incurred by you when accessing or using the App;
2.1.2 that you will not, nor will you permit any third party to use the App (or any content or Service provided through the App): for any criminal activity or unlawful purpose or in a manner that encourages or promotes illegal activity; in any way that interrupts, damages, impairs or renders the App less efficient; to transfer files that contain viruses, trojans or other harmful programs; attempt to gain unauthorized access to the App, to access or attempt to access any networks, servers or computer systems connected to the App or the accounts of other users, or to penetrate or attempt to penetrate any security measures; to transmit or disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise objectionable in relation to your use of the App; to advertise or promote third party or your own products or services; in a manner violating any applicable laws, rules or regulations or these Terms, or beyond the scope of use permitted herein; for any purpose other than your personal use or in any manner inconsistent with these Terms;
2.1.3 to refrain from collecting or harvesting any information or data from the App or attempt to decipher any transmissions to or from the servers running the App.
2.1.4 to refrain from doing anything which is disreputable or capable of damaging our reputation;
2.1.5 you will comply with all applicable laws;
2.1.6 not infringe our intellectual property rights or those of any third party;
2.1.7 your use of the App grants you no rights in relation to our intellectual property rights (including, without limitation, copyright, trademarks, logos, graphics, photographs, animations, videos and text or rights in and to the App software, applications and website) or the intellectual property of our retail or advertising partners, other than right to use the App and Services in accordance with these Terms;
2.1.8 you will not, nor will you permit any third party to: copy the App except where copying is necessary for back-up purposes; rent, lend, lease, sub-license, loan, redistribute, translate, merge, adapt, vary or modify the App; incorporate the App or any part of it into, or combine it with, other programs; or decompile, disassemble or reverse engineer adapt or tamper with the App unless necessary for achieving inter-operability with another software program and we have not provided you with the necessary information; remove any product identification or proprietary rights notices; or modify, translate, re-format or create derivative works from the App or any part of it;
3. YOUR DATA
4. INTELLECTUAL PROPERTY
4.1 Without prejudice to that set out in section 2.2 above, you acknowledge that:
a) all intellectual property rights contained on, in, or available through the App anywhere in the world (including without limitation all information, data, text, sounds, images, graphics, videos and the selection and arrangement of the foregoing) (“Materials“) and all trademarks, service marks, and logos contained on or in the App (“Marks“) belong to Softonic and its licensors;
b) all rights in and to the App are licensed (not sold) to you, and that you have no rights in, or to the App (or the services delivered by it) other than as set out in these Terms; and
c) you have no right to have access to the App in source-code form.
4.2 You may view, use and display the App, Materials and Marks on the Device solely for your personal purposes, but you may not otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the App, Materials or Marks without Softonic’s express permission.
5.1 The license to use the App and the Services is free of charge.
5.2 Access to and/or general use of the App may result in internet access, data usage or other charges from your telecommunications service provider. In case you use a Device owned by third parties, they may be charged by their service providers. Softonic will not be liable for any data usage or similar fees incurred by you when accessing or using the App.
6.1 You have the right to terminate these Terms by simply choosing to stop using the App and removing it from the Device at any time.
6.2 We may suspend, restrict or terminate your access to the App by written notice to you if you commit a material or persistent breach of this Agreement that is not remediable or which you fail to remedy, if remediable, within 48 hours after the service of written notice requiring such remediation. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
6.3 We reserve the right to suspend or cease providing the App or any of the Services and to terminate these Terms, by giving you no less than 48 hours notice.
6.4 On termination for any reason, all rights granted to you under these Terms shall cease and you must immediately cease all activities authorized under these Terms, including your use of the App and the Services and delete or remove the App from all the Devices under your possession, custody or control.
7. OUR LEGAL OBLIGATIONS AND LIMITS ON OUR LIABILITY
7.2 We are not responsible for: (i) losses or damages not caused by our breach; (ii) the actions or inactions of other App users; or (iii) failure to provide the App or to meet any of our obligations under these Terms where such failure is due to events beyond our control for example, a failure of public or private telecommunications networks.
In this respect, although we make the utmost efforts to keep the App and Services available at all times, you acknowledge and agree that it is not technically possible to make them available 100% of the time, as its proper operation is subject to the performance of the telecommunications networks. In addition, there may be brief anomalies or temporary delays for reasons such as maintenance, repair, security, capacity, improvement or update of services, as well as developments out of our control (for example network problems, system failure, power cuts, etc.) Thus, we cannot and do not warrant, that the App will be available uninterrupted and in a fully operating condition.
7.3 We undertake to comply with the security legal obligations and to adopt all security measures that are mandatory under applicable law. However, we cannot and do not warrant that internet transmissions are completely private or secure, that any information may not be read or intercepted by others, or that there will not be any viruses, and correlatively cannot accept any liability deriving there from.
7.4 We do not accept any liability for damage to the Devices or loss of data that results from your use of the App.
7.5 The App or any Service may contain links to other independent websites operated by third parties (“Third-Party Sites”). Third-Party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-Party Sites, including the purchase and use of any products or services accessible through them.
7.6 We are not responsible for third party advertisements or content contained within the App (“Third Party Content“). If you agree to purchase goods and/or services from any third party in reliance on any Third Party Content, you do so at your own risk. We are not responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the relevant third party.
8. UPDATES TO THE APP AND/OR TERMS
8.1 We may amend these Terms from time to time (i) if required due to applicable law (including, but not limited to, an amendment to such law) or to an order based on applicable law; (ii) if required due to changes in the App; (iii) if required from a technical point of view; or (iv) if required to ensure the proper operation of the App. In this case we will notify you of any changes to these Terms when you next start the App. The new terms may be displayed on-screen when you next start the App and you may be required to read and accept them to continue your use of it. If you do not agree with the new changes, you can terminate at any time as set out above.
8.2 In order to improve or update its functionalities, introduce new features or adapt the service to technology developments, from time to time updates to the App may be issued through the Appstore. You will be duly notified of the updates through the means referred in section 8.1 above. Depending on the update, you may not be able to use the latest version of the App until you have downloaded or streamed the latest version and accepted any new terms in the way provided for in section 8.1 above.
9.1 We may transfer our rights or obligations or sub-contract our obligations under these Terms to another other legal entity but this will not affect your rights or obligations under these Terms, and will not adversely affect the standard of service you receive under these Terms. In this case, you shall be entitled to terminate these Terms immediately.
9.2 These Terms are personal to you. You may transfer your rights or obligations under these Terms to another person if we agree in writing.
9.3 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
9.4 If any court or competent authority decides that any of these Terms is unlawful, ineffective or unenforceable, the remaining conditions will remain in full force and effect and they will continue to apply.
9.5 These Terms shall be governed by governed by and construed in accordance with Spanish law. We will do our best to resolve any disputes over these Terms. You may submit any dispute arising out of or relating these Terms to the courts of your domicile in Barcelona, Spain.
These terms and conditions were last updated on July 26th 2022