Passport Size Photo Maker

This page serves as agreement between you and Yarsa Labs Private Limited ("Yarsa Labs", "we", "us", "our"). By using our product or service ("App") that we make available via our distribution partners, you agree to these terms of service ("Terms"). Anyone who uses the App ("you", "user", "users") is subject to adhere with these terms, so please read it carefully. If you do not understand some or any clause of these Terms you should not use this App. When additional features are available in the App, you might be required to agree to the additional terms and conditions to continue using this App. How we collect, transfer, process and store your non-public information is explained in our Privacy Policy.

Description

We are providing our users with an App to help them prepare their photos. You can install the App from Google Play Store or by downloading from other sources. You can import your photos to the App along with additional information required for editing the photo. After your photo is edited you can export the edited photo to your device. You can make use of the available tools to edit your photo yourself. To use our App you must be of legal age that is required by your country to form a binding contract with us and only in compliance with this agreement, any applicable local, state, national and international laws, rules and regulations. The App should not be used by any users who have been held ineligible, or been blocked by us. This app should not be used by children below 13 years of age.

Free Tools

We offer a set of Free Tools that are available to you for using without any charge. You can use the available tools to prepare your photo yourself. Free Tools are supported by advertisements, so you may be presented with different types of advertising banners, text, images, videos or other digital presentations while you are using the App. You may be able to use the Free Tools without an active internet connection in your device. The Free Tools might not be available for free in the future as we may limit access to those tools and you may be required to purchase a license or subscription to continue using the Free Tools.

Paid Tools

The Paid Tools are the tools which you should use only after you make a payment. You can make a one-time payment via Google Play to enable access thie Paid Tools. Display of third-party ads will be limited after you have made payment for the Paid Tools. You agree that you will not attempt to bypass the payment to access the Paid Tools without making a payment. We may limit access to the Paid Tools in our sole determination if we believe you have obtained access to the Paid Tools without making a payment. We may change the price of the Paid Tools at any time, and the changes will be reflected immediately in our App. You will not be required to make additional payment if the prices are raised. We will not refund you any amount if the prices are lowered. All sales are final unless you are not satisfied with the purchase. If you are not satisfied with the purchase you may contact us through the app, or email asking for a refund. After reviewing your request we may refund your payment and revoke further access to the Paid Tools. After we refund your payment you may not to continue using the Paid Tools. We do not process any of your payment information. We do not ask for or support payment through any other means like email or phone.

Your content in our App

Any content that you import in the app will remain the property of its respective owner. For example, if you upload your photo, the photo remains yours.

Intellectual Property

Our name, logo, the name of the App, its icons and the designs inside the App are copyright protected content and registered trademarks, and may not be used without a written consent from us. All other trademarks not owned by us that appear on our App are properties of their respective owners, who may or may not be connected to, affiliated with or sponsored by us. Except any content uploaded by you, all text, images, designs, logos, illustrations, software, patents, trademarks, logo, copyrights, photographs, audio, video and all Intellectual Property Rights related to those items are exclusive property of us and our licensor (including the service providers that provide us service, or companies that provided us license to use their content, and other users who uploaded the content to the App). Unless you have a separate, written permission from us, no provision in these Terms grant you any right to sell, rent, modify, license, sub-license, distribute, create a copy, transmit or make derivative work from the App.

Your Rights

Subject to these Terms, we grant you a non-exclusive, non-transferable license to use the App and any accompanying software for personal and non-commercial use, including the features that let you submit, edit and save photos to your device. If you are a business, or want to use the app for commercial purpose we recommend you get in touch with us by email and obtain our consent.

Prohibited Conduct

Please use the App fairly and with appropriate safety measures. Do not use the App when you are in an emergency situation or while you are in control of a vehicle or machinery. We take no responsibility for any harm or loss you incur by using the App when you were aware of any foreseeable consequence, unless the law prohibits us from withdrawing our responsibility. You agree not to perform any of the following actions:

Re-distribute, sell or lease any portion of the App
Use the App primarily to build a product of competitive nature
Reverse engineer or attempt to view or change the source code of the App, except to the extent that the applicable law permits
Use the App with an incentive to replicate its features, functionality and offerings
Use the App using automated tools

Third-party Links

Different types of links to third-party websites, events, stores, activities and advertisers may be included as a part of the App. We do not own or control the contents available through the links, nor do we warrant that the content, services, information or products offered by them are relevant to you. If you access any third-party website from our App, you understand that these Terms and our Privacy Policy are not applicable to your use of third party services. You expressly relieve us from any liability that may arise from your use of third-party website or service, or exposing yourself to the information or products made available in those websites. Any dispute, contract, warranty, claim or payment are solely between you and the owner of the third party service. We are not responsible for any risk, loss or damage caused by your relation with those third party services.

Indemnify

You agree to defend, indemnify and hold harmless Yarsa Labs and its agents, licensor, subsidiaries, managers, and other affiliated companies and their agents, officers, directors, contractors and employees from and against any and all liabilities, losses, debts, expenses, costs, damages, obligations and claims (including but not limited to all fees, fares and charges) arising from (i) your access to or use of the App, including any Content sent or received (ii) your violation of any provision of these terms, including but not limited to your false claims of representation or warranties above; (iii) your violation of any contract or agreement with third-party; (iv) your violation of any applicable rule, regulation, or law; (v) your breach of any Intellectual Property Rights, right of privacy or other rights of third-party, (vi) any event that leads to use of your device to submit any content; (vii) any third-party's access to the App with a device owned by you at the time of event that resulted in any claim or damages.

Disclaimer of Warranty

WHILE THE APP SUBSTANTIALLY CONFORMS TO ITS PUBLISHED SPECIFICATIONS, THE APP IS PROVIDED AS IS. IN NO EVENT DO WE WARRANT THAT THE APP IS ERROR FREE OR THAT USER WILL BE ABLE TO USE THE APP WITHOUT ANY PROBLEM OR INTERRUPTION. ALL EXPRESSED OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW. IN NO EVENT WILL WE OR OUR AFFILIATES, SPONSORS, LICENSOR, CONTRACTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE APP, OR AS A RESULT OF BINDING TO THIS AGREEMENT, EVEN IF WE OR OUR SPONSORS, LICENSOR, CONTRACTORS, EMPLOYEES, AFFILIATES OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE APP MAY CONTAIN INACCURATE AND INCOMPLETE INFORMATION, WHICH MIGHT BECOME OBSOLETE OR INVALID OVER TIME. YOU WILL BE SOLELY RESPONSIBLE FOR VERIFYING THAT THE INFORMATION PROVIDED IS CORRECT AND FITS YOUR PURPOSE. SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY, OR STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. IN NO EVENT SHALL OUR OR OUR SPONSORS', PARTNERS', CONTRACTORS', EMPLOYEES', LICENSOR'S, AFFILIATES' OR AGENTS' LIABILITY TO USER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PRICE PAID BY YOU TO USE THE APP, OR $10 USD (TEN UNITED STATES DOLLARS), WHICHEVER LESS.

Survival

The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. The app is distributed by Yarsa Labs from Nepal. We make no representations that the App is available or appropriate for use in any other locations outside of Nepal. If you use the App from any other state or country, you agree that you you are entirely responsible for getting appropriate permissions and consent from any required local, state and international regulatory bodies to use the App. Despite of any age specified in the terms above, you agree that you have reached the age required by your jurisdiction to be able to use the App. If you have not reached the age that is set as minimum by your jurisdiction to be able to use any service provided by this App, you must not use the App. You also agree that you are entirely responsible for compliance with all applicable laws of Nepal and your local laws and regulations. In no way shall these Terms limit any consumers' legal right that you might have.

Legal Binding

This is a legally binding agreement between you and Yarsa Labs. This agreement may not be transferred to another person or company by you, but may be assigned by us to anyone without any restriction. Any attempted assignment or transfer of this agreement in violation of above terms shall be null and void. We may modify or update these Terms in our sole discretion, and indicate the last updated date at the bottom the of this page. If you continue to use the App after any such change, you signify that you have read and agree to the updated Terms. If you do not agree to any of the conditions set in these Terms you should not use the App. To make sure you do not violate any new terms you can visit this page and verify the last updated date. Any provision of the agreement, if found illegal or void, will be eliminated; however the remainder will continue to hold the full force and effect.

Waiver

The event when Yarsa Labs did not take any action or enforce any right or provision of these Terms would not mean waiver of such rights or provision.

Amendment

We may, without any prior notice, change the nature of delivery or presentation of our App. We may also stop providing the App or some features of the App to you or all users. We may enforce usage limits for the app. We may temporarily or permanently terminate the app's functionality in our sole discretion. If we believe that you have violated any provision of these Terms, we may limit, terminate or suspend your access to the App at any time without a notice and liability of any kind, to the extend permitted by applicable law. We may also limit your access to the App without disclosing a reason. Even after termination, suspension or limitation enforced to your access to the App, you continue to be bound by these Terms with respect to any provision which is intended to survive termination.

Last modified 31 August 2018

Thank you for your interest in our product or service ("App"). Before using the App you should read and understand this policy, and only use the App if you agree to this policy. This privacy policy is accessible on the first page when you open the App for the first time on your device, and easily accessible from the navigation menu in subsequent uses. This Privacy Policy helps you understand things like:

what kind of data is collected by the App
how each kind of data is collected
why each kind of such data is collected
where the collected data is sent and stored
how you have control over the data collected from you
who and how the data is shared with
how your data is protected

Personally Identifiable Information means your personal information like name, address, phone number and email address that can be used to identify you. Apart from these, there are other personally identifiable information. For example, your device may have a unique identifier associated with it, or a unique IP address might be assigned to your device when you're connected to the internet. Anonymous information include your device make and model, connectivity status and a log of app usage (for example, what steps you took and at what time).

1. What data is collected, and how

When you send us a feedback using the feedback form, or contact us by email we receive you may choose to disclose your email address and name. You may also send anonymous log data attached with the message. We use few third-party services in the app to display ads, update data and get analytics information. Apart from the email address an any personal information you submit voluntarily, we do not directly collect any personally identifiable information from you. We use a service provided by Google, named "Firebase Remote Config" to keep the list of photos up to date in the App, and Google Analytics to analyse the usage of the App. Google may collect your unique device identifier to store information like the last time you synced data, and connect with its servers to sync data. Google's servers may collect your IP address and device specific identifiers to provide you with the real-time data. The application makes use of advertising partners (in this case, Google Admob and Facebook Audience Network) to display ads. The advertising partners may use cookies, web beacons, and other storage technologies to collect or receive information from the App and use that information to provide measurement services and target ads.

2. Why the data is collected

Your email address is used to provide you support in response to your feedback. We use the log data to reproduce a problem that you had in the app, and reply you appropriately. Since the advertising partners serve ads in the App, they collect information that is needed by them to serve the purpose.

3. How the data is used

We use the information we collect from our App to provide you with necessary services, improve, protect and maintain the App. We also use the information to develop new features, services or products, and to protect your private information. We use the crash reports and log information to fix the issues in our App and improve usability. We use your non-personally identifiable device information and logs to analyze the performance of our App across different devices. We use the analytics data obtained from Google Analytics, Facebook Audience Network and Google Admob to understand how the App is used and improve user experience.

4. Where the data is sent and stored

When you contact us by email, we may keep a copy of the conversation to assist you in solving any issue that you might be facing. We may send the log data sent by you in your email and process the log data in servers located in and outside of your country.

5. You have control on your data

We put you in charge of what information you want to share. You can choose not to share your email to us while giving your feedback. You can choose not to send log data with your email. We delete your email address and log information once we have completed analysing your feedback, and we believe no further communication with you is required. You can request us by email to ask for the data we have about you. If we haven't already deleted your data after the purpose of collection is fulfilled, we will provide your data to you. You can choose to turn off Google Analytics in the App from the "Settings" menu inside the App. Third party services like Google Analytics, Facebook Audience Network and Google Admob offer you options to opt-out collection and use of information for ad targeting. You can learn how to exercise such choice, and know about their privacy policies by following these helpful links:

6. Who the data is shared with

We never sell or trade your Personally Identifiable Information to anyone. We do not share your private or Personally Identifiable Information with any third party except for the following conditions: - We get your opt-in consent to share such information with third party on your behalf - We need to provide our service providers, affiliates or trusted agents (for example, our email service providers or web hosting providers) with such information to process it for us, based on our instructions and in compliance with our Privacy Policy, after adopting appropriate confidentiality and security measures - We have a good-faith belief that sharing such information is necessary to meet any applicable legal requirement, enforce applicable Terms of Service, to investigate violation of our Terms of Service, to detect, prevent or address a security or technical issue, to protect our rights, or that of our customers or the public as required and permitted by law.
We may share non-personally identifiable information like analytics data, and crash reports, metadata and logs with our service providers, partners, advertisers and other companies or individuals that we work with. They may use those information according to their own privacy policy. If we are involved in merger, acquisition or asset sale, we will give you a notice in advance before the data is transferred or becomes subject to a different privacy policy. If we do not have any medium in file to send out notification to you, we will destroy the information collected from you before the event of merger, acquisition or asset sale.

7. Security measure

We always try to protect our infrastructure from unauthorized access to the data we store. We encrypt the network connection to or from this App using SSL to prevent unauthorized access to the information in transit. We review the server logs and use monitoring tools to monitor our servers in a regular basis. We conduct security scans of our servers regularly. We restrict access to personal information to our contractors and agents only after they sign legally enforceable non-disclosure agreement.

8. Links to Other Sites

The App may contain links to other sites. If you click on a third-party link, you will be directed to that site. Note that these external sites are not operated by us. Therefore, we strongly advise you to review the Privacy Policy of these websites. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.

9. Children's Privacy

The App does not address anyone under the age of 13. We do not knowingly collect personal identifiable information from children under 13. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
If there are any questions regarding this privacy policy, you may contact us using the information below. We may change our Privacy Policy from time to time to reflect changes in our App or laws. Any changes made to the Privacy Policy will be applicable after you give your explicit consent. We will notify of the changes, and the effective date at the bottom of this page.

Yarsa Labs
Upakar Marga 12
Pokhara, Kaski 33700
GA, Nepal
Email: apps@yarsa.io

Last modified 31 August 2018