FontApp Product Subscription Agreement
Release Date: April 1st 2024 (version 1.0)
Welcome to FontApp (hereinafter referred to as the “Platform”)!
This FontApp Product Subscription Agreement (hereinafter referred to as the “Agreement”) is an agreement between you and the operator of the Platform, HANYI INTERNATIONAL (HONG KONG) LIMITED (hereinafter referred to as “We”), about your subscription to and use of the Platform Services. To protect your rights and interests, please read all the contents of this Agreement in detail before proceeding to the next step. When you confirm this Agreement by checking the box or clicking “Agree”, it means that you have fully read, understand, and accept all the contents of this Agreement, which is effective immediately and legally binding on both us and you.
The important terms relevant to you have been highlighted using bold and/or underlined formatting for emphasis, so please pay particular attention to them.
I. The Contents of the Platform Services
1.1 FontApp is a professional font management tool. You will have access to the following Platform Functionalities (also referred to as “Platform Services”) during the subscription period after subscribing to the Platform Services and paying subscription fees. We reserve the right to, at our discretion, periodically decide and notify you of the addition, suspension, or modification of Platform Services, and shall not be liable for any losses or damages arising from or related to such additions, suspensions, or modifications:
1.1.1 Free Fonts.
1.1.1.1 We may utilize the internet to acquire freely available fonts (hereinafter referred to as “Free Fonts”) and aggregate the Free Fonts within the Platform for your browsing and selection. You may use the Free Fonts on a non-exclusive basis through the Platform.
1.1.1.2 Restrictions on Use. We do not exclude the possibility that some of the rights holders of the Free Fonts may impose certain restrictions on your use of the Free Fonts, such as limitations on usage, geographical restrictions, requirements for attribution of authorship when used, prohibition of modifications or adaptations to the fonts, etc. Therefore, please consult your legal counsel or conduct online searches for licenses issued by font rights holders before using Free Fonts to ensure with caution that you have obtained sufficient rights to use the fonts.
1.1.1.3 We reserve the right to add, remove, or modify Free Fonts within the Platform at any time without prior notice to you, and shall not be liable for any consequences arising from such actions.
1.1.2 Native Font Management. We provide you with a “Native Font Management” feature on the Platform, where you can identify the font software installed on your device to the Platform, enabling you to view and manage your native fonts through the Platform. Please note: the Platform only provides management functions for your native fonts, and you should confirm that you have obtained full and legal copyright or authorization for your native fonts before using them.
1.1.3 Personal Cloud Font Library. We provide the “Personal Cloud Font Library” function on the Platform, allowing you to upload native fonts to your Personal Cloud Font Library so that you can use these fonts on different devices and manage these uploaded fonts by deleting, exporting, and other actions. Please note: the Platform only provides information storage space for your uploaded fonts and does not provide any intellectual property authorization service. You should ensure that you possess the copyright or legal authorization of the uploaded fonts and guarantee that the font files do not contain any content such as viruses or trojans that may jeopardize the Platform and network security. Failure to comply will result in your full legal responsibility and obligation to compensate us for any losses incurred as a result, and we reserve the right to delete the relevant content.
1.1.4 Font Management. You can view your favorite, recently used, and activated fonts in "My Fonts" in the Platform.
1.1.5 Application of Fonts. You may access fonts activated within the platform and apply them to write, design, and output content in third-party software supported and compatible with the platform. You can select the text content you wish to adjust the font for within the third-party software, then open the platform, and click on the desired font to display the selected content in that font.
1.1.6 Team Edition. If you buy Team Edition, you can manage and share free fonts, native fonts, and other fonts under your account among your team members via the Platform.
1.1.7 Other services. Other services may appear with the development of the Platform. The specifics and relevant notes to such services shall be based on the information publicly disclosed on the Platform.
II. Subscription Terms
2.1 The Platform Services support annual subscription and permanent subscription. Specific fees are subject to the display on the website of the Platform.
2.2 Electronic Receipt: Upon subscribing to the Platform Services and paying subscription fees, we will issue corresponding electronic receipts to you.
2.3 Upon the expiration of the subscription period, unless renewed, you will not have the right to continue using any Platform functionalities.
2.4 Auto-renewal subscription rule. If you choose a subscription model other than a permanent subscription, we offer you an auto-renewal service. If you agree and select the auto-renewal service, it means your content for the Platform Services you subscribed to be automatically renewed by the Platform at the beginning of the next subscription period, and your authorization that we can automatically deduct the corresponding subscription fee through your authorized payment channel. Please ensure that your payment account has sufficient funds. If the deduction fails due to insufficient balance or other reasons, the subscription renewal will fail, and you will not be able to continue using the Platform Services. This rule is provided to facilitate your auto-renewal needs and to prevent any losses resulting from your negligence or other reasons for failing to renew the Platform Services. If you do not want to use this service in the next subscription period, you shall cancel the auto-renewal before the expiration date of the current subscription period.
2.5 During the auto-renewal period, if the auto-renewal rules or prices are adjusted, we will notify you at 7 days in advance. If you refuse to accept the adjusted auto-renewal rules or prices, you should cancel the auto-renewal immediately. Otherwise, it will be considered that you accept the corresponding adjustments.
2.6 30-Day Refund Guarantee: If you make duplicate payments for the same order due to system errors, you can apply to us for a refund within 30 days of subscribing to the Platform Services. Upon confirmation of the relevant circumstances by us, we will refund the corresponding amount to you. We do not offer any refund services except for the aforementioned cases.
III. Platform usage specifications
3.1 If you engage in the following behaviors, or we have reasonable grounds to suspect that you have the following behaviors, we reserve the right to refuse your purchase request; If already purchased, we reserve the right to cancel all or part of the Platform services subscribed by you without refunding any fees paid; You shall bear all legal responsibilities and losses incurred as a result; If your actions cause any losses to us, we reserve the right to seek compensation from you:
3.1.1 Using any improper means or methods contrary to principles of honesty and integrity to bypass the normal processes set by the Platform to obtain or enable others to obtain Platform Services, content, or data. Such improper means include but are not limited to the use of automated programs or scripts such as robots, spiders, or crawlers;
3.1.2 Using improper means or methods contrary to principles of honesty and integrity (such as exploiting rule loopholes, system vulnerabilities, abusing member/user identities, engaging in illicit activities, speculation, etc., which against the original intent of the Platform's service provision) to obtain or enable others to obtain Platform Services or related benefits;
3.1.3 Using technical means or any abnormal methods to modify Platform’s service content, service periods, consumption amounts, transaction statuses, or other information;
3.1.4 Transferring purchased interests in Platform Services between different platform accounts;
3.1.5 Cracking, altering, decompiling, tampering or otherwise damaging any of the security measures technology we use to protect the Platform;
3.1.6 Deleting any ownership or intellectual property notices or labels on the Platform without our prior written consent;
3.1.7 Displaying all or part of the Platform Services content in any public venue, whether for a fee or not, without our explicit authorization, except as otherwise provided by law;
3.1.8 Using purchased Platform Services for purposes prohibited by the laws and regulations of China or your country/region;
3.1.9 Engaging in other behaviors that violate principles of honesty and integrity, infringe upon our/third-party legitimate rights and interests and reputation, and violate the provisions of this Agreement, laws, regulations, or regulatory policies.
3.2 Your registered Platform account and the Platform Services subscribed under the account are for your own reasonable use only and shall not be used in a manner that would jeopardize the legitimate rights and interests of us and any third parties. We do not permit any user to sell, transfer, give away, borrow, pledge, lease, or license the Platform account or the Platform Services to third parties, which considered as serious breaches. In the event of the above breaches, we reserve the right to immediately terminate your subscription to the Platform Services without refunding any fees and require you to pay us USD 30,000 as liquidated damages and all proceeds generated from the aforementioned breach. If such payments are not sufficient to compensate for our losses, you shall also compensate us for all the losses we have suffered as a result.
IV. Limitation of Liability
4.1 As a tool for font management, the Platform solely provides users with the functionality to manage fonts. To the fullest extent permitted by applicable laws, we do not provide any warranty as to the legality, non-infringement or suitability for particular purposes of the fonts within the Platform. We shall not be liable for any loss arising from your use of the fonts within the Platform, and you shall use fonts carefully and bear all risks and legal liabilities arising from your use, including but not limited to any liability for infringement.
4.2 We require reasonable time for troubleshooting, server maintenance, platform content adjustments, product upgrades, and other similar activities. We do not provide any form of compensation for the time required or any losses (if any) resulting from the aforementioned situations. However, we will strive to minimize the impact to the best of our ability.
4.3 To the fullest extent permitted by laws, we shall not be liable for any delays, failures, interruptions, or termination of the Platform Services, or for any failure to perform the contract directly or indirectly caused by acts of nature, forces, or causes beyond our reasonable control, including but not limited to, internet failures, failure of computers, telecommunication or any other equipment, power failures, strikes, labor disputes, riots, uprisings, civil strives, shortages of labor or materials, fires, floods, storms, explosions, epidemics, earthquakes, wars, governmental actions, court or tribunal orders, or non-performance by third parties.
4.4 Under no circumstances shall we be liable for any special, incidental, indirect, or punitive damages incurred by you (including but not limited to loss of profits, business interruption, loss of commercial information, or any other financial losses), nor shall we be liable for any claims or expenses from third parties, even if we have been advised of the possibility of such damages. In any event, our entire liability and that of our employees, agents, affiliates, representatives, or anyone acting on our behalf under any provision of this Agreement, shall be no more than the actual amount actually paid by you for subscribing to the corresponding Platform Services.
V. Termination of this Agreement
5.1 This Agreement shall terminate under the following circumstances:
5.1.1 The term of your subscription to the Platform Services expires and is not renewed.
5.1.2 We cancel your all subscription to the Platform Services in accordance with this Agreements.
5.1.3 Other circumstances as agreed in the FontApp User Registration Agreement.