ChibiMoji Terms of Use

Effective: April 1, 2025

1. INTRODUCTION

Welcome, and thank you for your interest in “ChibiMoji” mobile application (the “App”) provided by Agneswana LLC (“we,” “us” or “our”). This Terms of Use (“Terms”, or “Agreement”) with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and us.

Please read this Terms of Use carefully before you download, install or use the App.

It is important that you read and understand this Terms of Use when downloading, installing or using the App which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Terms of Use.

If you do not agree with this Terms of Use, or if you do not agree at least with one of the provisions of this Terms of Use, you are not authorized to, and you may not access, download, install or use the App and you must promptly stop downloading, installing the App and remove (delete) the App from any mobile device in your possession or under your control.

2. GENERAL PURPOSES OF USE

The App is a utility mobile application developed to enhance a mobile device experience. The App enables you to use a keyboard with custom emojis and fonts for writing text. You can also design your social media messages using a special set of features available within the App. The App is intended only for your personal non-commercial use.

3. COMPATIBILITY OF THE APP

In order to use the App, you are required to have a compatible mobile phone or tablet, and internet access.

The App is available for downloading and installing on mobile devices running Apple iOS 18.0 or later.

We do not warrant that the App will be compatible with all hardware and software which you may use.

We make no warranty that your access to the App will be uninterrupted, timely or error-free.

You acknowledge the App is provided via the internet and mobile networks and so the quality and availability of the App may be affected by factors outside our control.

The version of the App may be upgraded from time to time to add support for new features.

We may change or update the App without noticing you. If the need arises, we may suspend access to the App, or close it indefinitely.

You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times.

You can discontinue using the App at any time by choosing the relevant option in your Apple ID Account Settings. If you decide not to use the App for any reason you should uninstall the App.

4. AGE RESTRICTIONS FOR USERS

In order to download, install, access or use the App, you must be at least eighteen (18) years of age or older.

All users who are minors in the jurisdiction in which they reside must have the permission of, and be directly supervised by their parent or guardian to use the App. If you are under the age of 18 and you wish to download, install, access, use the App, you must assure and confirm that you have your parent’s or guardian’s permission to use the App after your parent or guardian reads and agrees to this Terms of Use.

ANY PERSON UNDER THE AGE OF THIRTEEN (13) YEARS IS NOT PERMITTED TO DOWNLOAD, INSTALL, ACCESS, AND USE THE APP.

We do not knowingly collect any personal data from children under the age of thirteen (13) years. In the case we discover that a person under the age of thirteen (13) years has provided us with personal information or personally identifiable information, we will immediately remove any information regarding the person. It is solely your parent’s or guardian’s responsibility that a person under the age of thirteen (13) years not to download, install, access, and use the App on the person’s device.

5. PRIVACY POLICY

Your privacy is the first thing to consider for us when you use the App. Accordingly, we have developed the Privacy Policy to process, use and store the minimum information regarding personally identifiable data only to debug errors, and/or improve the App. By accessing the App and by continuing to use the App, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App. Please read our Privacy Policy carefully. Our Privacy Policy is incorporated into this Terms of Use.

6. END USER LICENSE AGREEMENT

By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, copyright, patents and trademarks, hereinafter referred to as the “Intellectual Property Rights”).

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Terms of Use.

You may use our App solely for your own non-commercial purposes. You are bound to respect the copyrighted, patented material within the App.

The source code, some algorithms, design and content, including information, illustrations and other graphic materials, sounds, music or video as well as names, logos and trademarks within the App are protected by copyright and patent laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.

All rights, title and interest in and to the App and its content as well as its functionalities (1) are the exclusive property of Agneswana LLC and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are transferred to you in full or in part within the context of the license herewithin. We will not hesitate to take legal action against any unauthorized use of our patents, trademarks, names or symbols to protect and restore our rights.

7. PROHIBITED CONDUNCT

By using the App, YOU AGREE NOT TO:

  • use the App for entering credentials such as usernames and passwords in input fields on other websites or apps that require user authentication in order to avoid the possibility of being mistakenly perceived as a malicious attack;

  • use the App for any illegal purpose or in violation of any local, state, national, or international law;

  • use the App to violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

  • use the App that is defamatory of any other person;

  • use the App to express or promote hate contents based on identity;

  • use the App to make contents to harass, threaten, or bully any other person;

  • use the App to promote or glorify violent contents or celebrate the suffering or humiliation of any other person;

  • use the App to promote or depict contents regarding acts of self-harm;

  • use the App to make contents that arouse sexual excitement (excluding sex education and wellness);

  • use the App to make contents that is false or misleading, such as attempting to defraud any other person or spread disinformation;

  • use the App to attempt to generate ransomware, viruses, or other software intended to impose some level of harm;

  • use the App to make contents that may reasonably be considered to be illegal, defamatory, immoral, harmful, misleading, fraudulent, hateful, racially or religiously biased or offensive, pornographic;

  • systematically retrieve data, source code, or other contents from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

  • make improper use of our support services or submit false reports of abuse or misconduct;

  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.

Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions. We are not responsible for the way you use the App.

It is clarified that we may adopt, against a user who violated this Terms of Use, any legal measures pursuant to the applicable laws.

8. SUBSCRIPTION

The App is available for free of charge to use with basic features. Once you download the App, you’ll have access to its basic features. Access to additional features within the App (“Pro access”) requires In-App Purchases, including paid subscriptions. The full list of Pro options and pricing are provided on the App’s page.

Prices are in U.S. dollars, and may vary in countries other than the U.S. and are subject to change without notice. You’ll have all necessary information about your subscription plan on the paywall screen before you purchase.

We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.

After the first subscription is confirmed, an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before a next subscription period renews. Auto-renew option can be turned off in your Apple ID Account Settings at least 24 hours before the end of the current period. When you cancel your subscription you will still have access to basic features of the App.

Payment will be charged to your Apple ID Account at confirmation of purchase. No cancellation of the current subscription is allowed during the active subscription period. If you upgrade or downgrade your subscription option, any remaining time from the previous subscription period will expire immediately without a refund, and the new subscription period will begin. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.

9. FEEDBACK

By sending us a feedback email, you are deemed to agree that any feedback, suggestions, ideas, or other information or materials regarding the App that you provide are non-confidential and shall become the sole property of us. We will be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the feedback (including any copyrights). Any feedback, comments, or suggestions you may provide regarding the App is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.

10. THIRD-PARTY PARTNERS

10.1 Subscription management service provider

The App is using RevenueCat API to manage your subscription status (i.e., your purchase history on Apple App Store), which is available at https://revenuecat.github.io/purchases-ios-docs/5.6.0/documentation/revenuecat/. You can familiarize yourself with the Terms and Conditions of RevenueCat Services at https://www.revenuecat.com/terms/. Due to the fact that we use RevenueCat API for the purpose of determining your subscription status, you hereby agree to bound by and comply with the Terms and Conditions of RevenueCat, Inc.

10.2 App analytics service provider

The App is using Mixpanel API to collect usage data (i.e., button taps on the App related to our own intellectual properties), which is available at https://github.com/mixpanel/mixpanel-swift. You can familiarize yourself with the Terms and Conditions of Mixpanel Services at https://mixpanel.com/legal/terms-of-use/. Due to the fact that we use Mixpanel API for the purpose of collecting usage data related to our own intellectual properties, you hereby agree to bound by and comply with the Terms and Conditions of Mixpanel, Inc.

10.3 Consent to share consumption data with Apple

By using the App and making your subscription status active, you hereby consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple’s policies and only as necessary to process your refund requests.

11. DISCLAIMER OF WARRANTIES

YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS TERMS OF USE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE APP WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE APP AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR IN ANY WAY RELATED TO THE APP. WE SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE IN ANY CIRCUMSTANCES FOR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING FROM PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE APP AND ITS SERVICES IN ANY COUNTRY.

You hereby acknowledge and agree that your use of the App is at your sole risk. In addition, to the maximum extent permitted by the applicable law, you hereby agree to hold harmless and indemnify us, our successors, assigns, licensors, licensees, partners, affiliates, offices, directors, employees, legal representatives from and against any and all claims, losses, damages of any type of nature arising from or in connection with your use the the App.

13. LEGAL JURISDICTION AND CLAIMS

All disputes, claims, actions, causes of action, or proceedings arising out of or related to this Terms of Use, whether based on contract, tort, or any other grounds, shall be: (i) governed by and construed in accordance with the substantive and procedural laws of the Republic of Korea, (ii) exclusively resolved by the courts of the Republic of Korea, provided, however, that (iii) for any rights owned and/or shared by us and registered with the United States Patent and Trademark Office, jurisdiction shall lie with the courts of the State of Texas, USA, and such matters shall be governed by the substantive and procedural laws of the State of Texas.

We make no representation that the App is appropriate or available for use in locations outside the Republic of Korea. Those who access or use the App from other jurisdictions do so at their own volition and are responsible for compliance with local laws.

If you choose to access or use the App from outside the Republic of Korea, you are responsible for:

a) ensuring that what you are doing is legal in your country; and

b) the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits and authorizations.

WHILE RESOLVING ANY DISPUTE WITH US AND/OR SEEKING ANY RELIEF FROM US, YOU EXPRESSLY AGREE TO WAIVE ANY RIGHT TO PURSUE AND/OR PARTICIPATE IN ANY TYPE OF CLASS ACTION LAWSUITS AND/OR PROCEEDINGS.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App or this Terms of Use, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of ninety (90) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.

14. CHANGES TO THIS TERMS OF USE

We may revise this Terms of Use from time to time. We reserve the right, at our sole discretion, to make changes or modifications to this Terms of Use at any time and for any reason. We will keep you informed about any changes by updating this Terms of Use and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Terms of Use to stay informed of updates. By continuing to access or use the App after those revisions become effective, you agree to be bound by the revised Terms.

15. TERMINATION

We reserve the right to terminate this Terms of Use at any time at our sole discretion for any reason.

Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must stop all use of the App.

In case there are any subscription fees you paid for or in regards to the App prior to termination, such fees are not refundable.

If the App is terminated or discontinued, then we will make reasonable effort to notify you.

If at any time any provision of this Terms of Use is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid and enforceable or, if this is not possible, deleted. The other terms of this Terms of Use shall continue to apply with full force and effect.

16. CONTACT INFORMATION

We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Terms of Use or the App, please contact us via support@agneswana.com.