TERMS OF SERVICE
APP TERMS AND CONDITIONS
PLEASE READ THESE TERMS CAREFULLY. BY AGREEING TO THESE TERMS, YOU REPRESENT THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE/PROVINCE/JURISDICTION OF RESIDENCE, OR THAT YOU ARE THE AGE OF MAJORITY IN YOUR STATE/PROVINCE/JURISDICTION OF RESIDENCE AND YOU HAVE GIVEN US YOUR CONSENT TO ALLOW ANY OF YOUR MINOR DEPENDENTS TO USE THIS APP. BY CLICKING ON THE "ACCEPT" BUTTON BELOW YOU AGREE TO THESE TERMS WHICH WILL BIND YOU. IF YOU DO NOT AGREE TO THESE TERMS, CLICK ON THE "REJECT" BUTTON BELOW.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 We XIAMEN PAPERANG TECHNOLOGY CO., LTD of Room 3124, Xuanye Building, Pioneer Park, Xiamen Torch High-tech Zone (we, us, our) license you to use:
(a) the Paperang mobile/desktop application software (App) and any updates or supplements to it; and
(b) the service you connect to via the App and the content we provide to you through it (Service),
as permitted in these terms.
1.2 Where you are using the mobile application software, you acknowledge that these terms are concluded between you and us, and not with the Appstore provider, and we (not the Appstore provider) are solely responsible for the App and the content within.
2. YOUR PRIVACY
2.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. ADDITIONAL TERMS FOR SPECIFIC SERVICES
Paperang device purchase terms of service
Terms of Service
4. APPSTORE TERMS ALSO APPLY
Where you are using the mobile application software, the ways in which you can use the App may also be controlled by Appstore rules and policies and you must comply with any applicable third party terms of agreement when using the App.
5. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS
If you want to learn more about the App or the Service or have any problems using either, please take a look at our support resources at the “Help Center” of Paperang’s official website. Where you are using the mobile application software, we are solely responsible for providing any maintenance and support services with respect to the App and Services and you acknowledge that the Appstore provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App or Services.
5.2 Contacting us (including with complaints)
If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at firstname.lastname@example.org.
5.3 How we will communicate with you
If we have to contact you we will do so by email using the contact details you have provided to us.
6. HOW YOU MAY USE THE APP, INCLUDING HOW MANY DEVICES YOU MAY USE IT ON
In return for your agreeing to comply with these terms you may:
(a) download or stream a copy of the App onto your device and view, use and display the App and the Service on such devices for your personal purposes only; and
(b) receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.
7. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE
We are giving you personally the right to use the App and the Service as set out in paragraph 7 above. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free.
8. CHANGES TO THESE TERMS
8.1 We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you at least 30 days’ notice of any change by sending you an email or push notification with details of the change or notifying you of a change when you next start the App.
8.2 If you do not accept the notified changes you may not be permitted to continue to use the App and the Service.
9. UPDATE TO THE APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App and the Services.
10. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download or stream the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
11. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
12. LICENCE RESTRICTIONS
You agree that you will:
(a) not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
(b) not copy the App or Services, except as part of the normal use of the App or where it is necessary for the purposes of back-up or operational security;
(c) not translate, merge, adapt, vary, alter or modify, the whole or any part of the App or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted within these terms;
(d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
(i) is not disclosed or communicated without the Licensor's prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
(ii) is not used to create any software that is substantially similar in its expression to the App;
(iii) is kept secure;
(iv) is used only for the Permitted Objective; and
(v) complies with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.
13. ACCEPTABLE USE RESTRICTIONS
13.1 You must:
(a) not use the App or any Service or upload any content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your content, use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
(c) not transmit any content or material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
13.2 You warrant that any such contribution complies with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
13.3 Any content you upload to our App will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our App a limited licence to use, store and copy that content and to distribute and make it available to third parties. You are solely responsible for securing and backing up your content.
13.4 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our App constitutes a violation of their intellectual property rights, or of their right to privacy. We reserve the right to remove any posting you make on our App if, in our opinion, your post does not comply with these terms.
13.5 Where you are using the mobile application software, 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 parties.
14. LICENCE FOR YOUR CONTENT
When you upload or post content to our App, you grant us the following rights to use that content:
(a) a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Service provided by the App and across different media; and
(b) a worldwide, non-exclusive, royalty-free, transferable licence for other users to use the content for their purposes.
15. USER-GENERATED CONTENT IS NOT APPROVED BY US
The App includes information and materials uploaded by other users of the App, including posts. This information and these materials have not been verified or approved by us. The views expressed by other users on our App do not represent our views or values. If you wish to complain about content uploaded by other users, please contact us on email@example.com.
16. INTELLECTUAL PROPERTY RIGHTS
16.1 All intellectual property rights in the App and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these terms.
16.2 Where you are using the mobile application software, you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Appstore provider shall not be responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
17. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
17.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
17.3 When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
17.4 We are not liable for business losses. If you are a consumer, the App is for domestic and private use. If you are using the App for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.5 Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date. Where you are using the mobile application software, to the maximum extent permitted by applicable law, the Appstore provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be as between you and us.
17.6 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.
17.7 Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the Appstore site) meet your requirements.
17.8 We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
17.9 Appstore provider liability. Where you are using the mobile application software, you acknowledge that the Appstore provider is not responsible for addressing any claims brought by you or any third party relating to the App or your possession and/or use of the 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, privacy, or similar legislation.
18. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
18.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
18.2 If we end your rights to use the App and Services:
18.2.1 you must stop all activities authorised by these terms, including your use of the App and any Services; and
18.2.2 you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
19. TRANSFERRING THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
20. NO RIGHTS FOR THIRD PARTIES
You acknowledge and agree that Appstore provider, and Appstore provider’s subsidiaries, are third party beneficiaries of these terms, and that, upon your acceptance of these terms, Appstore provider 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. Except for this, these terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
21. IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
22. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
23. WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts (non-exclusively). We can also claim against you in the courts of the country you live in.
These terms were last updated on MARCH 2023.