Terms of Service

1. Agreement

These Terms of Service (“Terms”) form a binding agreement between you and InfoDev Solutions Limited, a company incorporated in Hong Kong (Company Registration No. [XXXXXXXX]) (“InfoDev”, “we”, “us”), governing your use of our website, mobile applications, browser extensions, web applications and APIs (the “Services”).

Our Privacy Policy and, for downloadable software, our End User License Agreement form part of these Terms. Professional services we provide to business clients (such as custom development or consulting) are governed by a separate written services agreement, which prevails over these Terms in case of conflict.

2. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your country) to use the Services. If you are under the age of majority where you live, you may use the Services only with the involvement and consent of a parent or guardian.

3. Accounts

Some Services require an account. You agree to provide accurate information, keep your credentials confidential and notify us promptly of any unauthorised use. You are responsible for activity under your account, except to the extent caused by our breach of these Terms.

4. Licence to use the Services

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Services for their intended purpose. All rights not expressly granted are reserved by InfoDev and its licensors.

5. Acceptable use

You must not, and must not allow others to:

• use the Services in violation of any applicable law or regulation, or to infringe anyone’s rights;
• reverse engineer, decompile or disassemble the Services except to the extent such restriction is prohibited by law;
• access the Services by automated means, scrape them, or interfere with or disrupt their integrity, security or performance;
• attempt to gain unauthorised access to any system, account or data;
• upload malware or content that is unlawful, harmful, defamatory, obscene or that you do not have the right to share;
• use the Services to develop a competing product, or resell or sublicense them without our written consent; or
• use any AI feature to generate content that violates law or third-party rights, or present AI-generated output as human-generated where that would be deceptive.

6. Your content

You retain all rights in the content you submit to the Services (“User Content”). You grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit and display User Content solely to operate and provide the Services to you, as described in our Privacy Policy. You are responsible for ensuring you have the rights needed to submit User Content.

7. AI-generated output

Certain features may generate output using machine-learning models. Output may be inaccurate, incomplete or not unique, and does not constitute professional, legal, financial or medical advice. You are responsible for evaluating output before using it. As between you and us, and to the extent permitted by law, you own the output you generate, subject to these Terms.

8. Fees, subscriptions and refunds

• Pricing. Some Services or features may be offered for a fee. Prices and billing periods are shown before you purchase.
• App store purchases. Purchases made through the Apple App Store or Google Play are processed by those platforms and are subject to their terms, including their refund policies. Refunds for such purchases must be requested from the relevant platform.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period unless cancelled at least 24 hours before renewal. You can manage or cancel subscriptions in your app-store account settings or, for direct purchases, in your account.
• Direct purchases. Except where required by law or stated otherwise at the time of purchase, fees are non-refundable. Nothing in these Terms affects any statutory consumer rights you may have.
• Taxes. Prices may be exclusive of applicable taxes, which you are responsible for paying.
• Billing questions. For invoices, payment issues or questions about a direct purchase, contact billing@infodevsolve.com.

9. Intellectual property

The Services, including all software, designs, text, graphics, logos and trademarks, are owned by InfoDev or its licensors and are protected by intellectual property laws. “InfoDev” and the InfoDev logo are trademarks of InfoDev Solutions Limited. Open-source components are licensed under their respective licences, which are made available with the relevant product.

10. Feedback

If you send us suggestions or feedback, you grant us the right to use them without restriction or compensation to you.

11. Third-party services

The Services may link to or integrate with third-party websites, platforms or services that we do not control. We are not responsible for third-party services, and your use of them is governed by their own terms and policies.

12. Changes and availability

We may modify, suspend or discontinue any part of the Services at any time. Where reasonably possible we will give advance notice of material changes that adversely affect you. We do not guarantee that the Services will be uninterrupted or error-free.

13. Suspension and termination

You may stop using the Services and delete your account at any time (see Data Deletion). We may suspend or terminate your access if you materially breach these Terms, if required by law, or to protect the Services or other users. Sections that by their nature should survive termination — including Sections 6, 9, 14, 15, 16, 19 and 20 — will survive.

14. Disclaimer of warranties

To the maximum extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

15. Limitation of liability

To the maximum extent permitted by law, InfoDev and its directors, employees, contractors and licensors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of or relating to the Services or these Terms. Our total aggregate liability for all claims relating to the Services will not exceed the greater of (a) the amounts you paid us for the Services in the twelve months before the event giving rise to the claim, and (b) one hundred US dollars (US$100).

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud, or under the mandatory consumer laws described in Section 18.

16. Indemnity

To the extent permitted by law, you agree to indemnify InfoDev against any third-party claims, losses and expenses (including reasonable legal fees) arising from your User Content, your misuse of the Services or your breach of these Terms.

17. Export and sanctions compliance

You represent that you are not located in, or a national or resident of, a jurisdiction subject to comprehensive sanctions, and that you are not on any applicable government restricted-party list. You agree to comply with all applicable export control and sanctions laws.

18. Consumer rights in your country

InfoDev is a Hong Kong company and our Services are used in many countries. If you are a consumer, you may have rights under the mandatory consumer laws of your country of residence that cannot be excluded or limited by contract. Nothing in these Terms — including Sections 14, 15 and 19 — limits those rights. In particular:

• Australia. Our Services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with a service, you are entitled to cancel your service contract with us and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If a failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion. Where permitted by law, our liability for a failure to comply with a consumer guarantee for services not of a kind ordinarily acquired for personal, domestic or household use is limited to supplying the services again or paying the cost of having them supplied again.
• European Union, EEA and United Kingdom. You benefit from the statutory guarantee of conformity for digital content and digital services. For direct purchases, you have a 14-day right of withdrawal; where you expressly request that a digital service or digital content be supplied immediately and acknowledge that you will lose your right of withdrawal once supply begins, the right of withdrawal ends when supply begins (or, for services, you pay for the portion provided before withdrawal). You may also bring proceedings in the courts of your country of residence.
• Mainland China. You retain the rights provided by the Law of the PRC on the Protection of Consumer Rights and Interests and other applicable laws, which prevail over any inconsistent provision of these Terms.
• United States. Some states do not allow the exclusion of implied warranties or the limitation of incidental or consequential damages, so parts of Sections 14 and 15 may not apply to you. These Terms do not require arbitration and do not waive your right to participate in a class action.
• Canada, including Québec. Where provincial consumer protection legislation applies, including Québec’s Consumer Protection Act, any provision of these Terms that is inconsistent with that legislation does not apply to you, and you may bring proceedings in the courts of your province of residence.
• Brazil and Latin America. Brazilian consumers benefit from the Consumer Defence Code (Law No. 8,078/1990), including the right of withdrawal within 7 days for purchases made online, and may bring proceedings in the courts of their domicile. Consumers in other Latin American countries retain the rights granted by their local consumer protection laws.

Purchases made through the Apple App Store or Google Play are subject to the relevant store’s refund processes, which apply in addition to your statutory rights.

19. Governing law and disputes

These Terms are governed by the laws of the Hong Kong Special Administrative Region, without regard to its conflict-of-law rules. Before starting formal proceedings, you agree to contact us at legal@infodevsolve.com and try to resolve the dispute informally for at least 30 days.

If you are a business user, any dispute that cannot be resolved informally shall be submitted to the exclusive jurisdiction of the courts of Hong Kong, except that either party may seek urgent injunctive relief in any competent court.

If you are a consumer, the choice of Hong Kong law does not deprive you of the protection of the mandatory provisions of the law of your country of residence, and you may bring proceedings either in Hong Kong or in the courts of your place of residence where your local law gives you that right. EU consumers may also use the online dispute resolution options available under EU law.

20. General

• Changes to Terms. We may update these Terms. Material changes will be notified in advance through the Services or by email. Continued use after the effective date constitutes acceptance.
• Entire agreement. These Terms, together with the documents referred to in them, are the entire agreement between you and us about the Services.
• Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition or sale of assets.
• Third-party rights. Except for Apple and Google as described in the EULA, no person other than you and InfoDev has any right to enforce these Terms under the Contracts (Rights of Third Parties) Ordinance (Cap. 623).
• Language. These Terms may be made available in other languages. If they are translated, the English version prevails to the extent of any inconsistency, except where local law requires the local-language version to prevail.

21. Contact

InfoDev Solutions Limited
Room 2904-05, 29/F, Universal Trade Centre, 3 Arbuthnot Road, Central, Hong Kong SAR
Email: legal@infodevsolve.com