clieneTerms of Use 

1. Your Relationship With Us
1.1  These terms of Use (the “Terms”) as amended from time to time govern the relationship and serve as an agreement between you and Lapeira & Associates LLC (the “Company”, “we”, or “us”) and set forth the terms and conditions by which you may access and use Lapeira & Associates LLC’s website (the “Platform”) and our related services, applications, products and content (collectively, the “Services”). Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.

1.2 The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.

2. Accepting the Terms
2.1 By accessing or using our Services, you confirm that you can form a binding contract with the Company, that you accept these Terms, and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy, the terms of which can be found directly on the Platform, or where the Platform is made available for download, on your mobile device’s applicable app store, and is incorporated herein by reference.

2.2 The Services are only available for individuals 13 years old and over. In addition, if you are under 18 years old or the applicable age of majority in the jurisdiction you reside in, you confirm that your parent or legal guardian consents to your access or use of the Services. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

2.3 If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms and that you agree to these Terms on behalf of the business or entity, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your business or entity, including any employees, agents or contractors.

2.4 You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.

2.5 You should print off or save a local copy of the Terms for your records.

3. Changes to the Terms
3.1 We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine apps or services operated by us or our affiliates into one single combined service or app, or when there are regulatory changes. We use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on the Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.

4. Your Access to and Use of Our Services
4.1 Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:

access or use the Services if you are not fully able and legally competent to agree to these Terms or if you are not authorized to use the Services by your parent or legal guardian;
attempt to, decipher, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables, or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
incorporate the Services or any portion thereof into any other program or product;
impersonate any person or entity or otherwise misrepresent your affiliation;
use automated scripts to collect information from or otherwise interact with the Services;
use the Services to upload, transmit, distribute, store or otherwise make available in any way files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
use the Services in a manner that violates or infringes on someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights;
use the Services to bully, harass, intimidate, or defame users; or
engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
4.2 Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.

5. Intellectual Property Rights
5.1 The Services are protected under the laws of copyright, patent, trademarks, and other intellectual property rights of the countries where Services are available. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under all applicable laws. Consistent with the other terms in this document, you may not publish, reproduce, distribute, display, perform, edit, adapt, modify, or otherwise exploit any part of the Services without our written consent.

5.2 We respect intellectual property rights and require you to do the same. As a condition of your access to and use of the Services, you agree not to infringe on any intellectual property rights by accessing or using the Services or any content therein for any commercial or unauthorized purposes. We reserve the right, with or without notice, at any time and in our sole discretion to block access to the Services, including without limitation for any user who infringes or is alleged to infringe any intellectual property rights or proprietary rights.

6. Content
6.1 As between you and the Company, all content, software, images, text, graphics, illustrations, logos, stickers, filters, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Company’s Content”), are either owned or licensed by the Company. Use of the Company’s Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. The Company’s Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.

6.2 Subject to the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use the Services, including to download the Platform on a permitted device and to access the Company’s Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. The Company reserves all rights not expressly granted herein in the Services and the Company’s Content. You acknowledge and agree that the Company may terminate this license at any time for any reason or no reason.

6.3 UNLESS OTHERWISE STATED, NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS, BLOGS, VIDEOS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.

6.4 We make no representations, warranties, or guarantees, whether express or implied, that any Company’s Content is accurate, complete, or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

User-Generated Content
6.5 You may be permitted to upload, post, publish, transmit, or otherwise make available content through the Services, including without limitation video templates, any text, photographs, videos, audio, and sound recordings uploaded to, or otherwise made available through, our Services (“User Content”).

6.6 The views expressed by any user or in or through User Content do not represent our views or values. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.

6.7 To upload, post, publish, transmit content within the Application, you can apply and become a member of our creator community, adhering to our creator policies. You acknowledge and concede to the fact that, at our sole discretion, we reserve the right to delete any uploaded content without providing prior notification.

6.8 All User Content will be considered non-confidential. When you upload or make available User Content through the Services, you agree, represent and warrant that you own such User Content, or you have received all necessary permissions (including any necessary licenses), clearances from, or are authorized by, the owner of any part of the content to submit such User Content to the Services, and/or to otherwise make any use of such User Content on or through the Services.

6.9 Except as expressly provided otherwise in these Terms, you or the owner of your User Content still own the copyright and any other intellectual property rights in User Content submitted to us, but by submitting User Content via the Services, you hereby grant us and our affiliates, agents, services providers, partners and other connected third parties an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide license to use, modify, adapt, reproduce, make derivative works of, display, publish, transmit, distribute and/or store your User Content for providing the Services for you.

6.10 You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free fully transferable (including sub-licensable), worldwide license to use your username, image and likeness to identify you as the source of any of your User Content, including for use in sponsored content.

6.11 Waiver of Rights to User Content. By uploading or making available User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing, advertising or promotional materials related to such User Content. You also waive (to the extent permitted by applicable law) any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. You hereby waive (to the extent permitted by applicable law) and agree never to assert any and all moral rights you may have in or with respect of any of the User Content you upload or otherwise make available through the Services, or to support, maintain or permit any action based on any such moral rights.

6.12 We reserve the right to cut, crop, edit or refuse to upload your content in our sole discretion. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms (including without limitation the content standards set out at Section 6 above), or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you.

7. Indemnity
7.1 You agree to defend, indemnify, and hold harmless the Company, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, assigns, and advisors from and against any and all loss, claims, liabilities, damages, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation, and warranties under these Terms.

8. EXCLUSION OF WARRANTIES
8.1 NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.

8.2 THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:

YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
8.3 NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS OR WARRANTIES AS TO SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE, CONFORMANCE WITH DESCRIPTION, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.

9. LIMITATION OF LIABILITY
9.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED DIRECTLY BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES OR AGENTS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.

9.2 SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:

ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
ANY LOSS OF GOODWILL;
ANY LOSS OF OPPORTUNITY;
ANY LOSS, MISUSE, MANIPULATION OR OTHER UTILIZATION OF DATA SUFFERED BY YOU OR COMPUTER VIRUS; OR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER WHICH MAY BE INCURRED BY YOU. FURTHER, ANY OTHER LOSS WILL BE LIMITED TO FIFTY US DOLLARS (USD $50) OR THE EQUIVALENT AMOUNT IN YOUR LOCAL CURRENCY.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
1) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
2)THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
9.3 THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

9.4 YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.

9.5 WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT PUBLISHED BY US OR BY AUTHORISED THIRD PARTIES.

10. Other Terms
10.1 Applicable Law and Jurisdiction. Any dispute related to these Terms, their subject matter, and their formation, are governed by the laws of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity, or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.

10.2 Open Source. The Platform contains certain open-source software. Each item of open source software is subject to its own applicable license terms.

10.3 Entire Agreement. These Terms constitute the whole legal agreement between you and the Company and govern your use of the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us.

10.4 No Waiver. Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.

10.5 Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our Services. You should use your own virus protection software.

10.6 Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.

10.7 Third-party Content. The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.

10.8 Fees, Payment and Invoices. We DO NOT charge you for using the Service, unless you subscribe for member services via Google Play. Also, we will get benefits from Google’s Admob and Facebook’s Audience Network by publishing advertisements. For the rates of the service fees, please refer to the price (if capable) displayed on the store page or email to support@lapeira.com. PLEASE NOTED THAT, unless we have a special agreement in this Terms, the content of fees and payment shall be in accordance with the requirements of Google Play Terms of Service. We may on our sole discretion, offer certain users with discount coupons from time to time, which may result in different amounts charged for the same or similar services, and you agree that such coupons shall not apply to you unless we have made available to you.

Any Questions? Get in touch at legal@lapeira.com

11. Supplemental Terms – Third Party Services
11.1 By using the Giphy, you specifically acknowledge and agree that:

Lapeira & Associates LLC is grateful to GIPHY and its community. Also, Lapeira & Associates LLC is respect and will comply with GIPHY’s policy and require you to do the same. Lapeira & Associates LLC is not responsible for addressing any claims by you or a third party relating to the infringement of stickers, gifs or other contents provided by the GIPHY. If you want to report any infringement about the stickers, please visiting GIPHY’s DMCA website: https://support.giphy.com/hc/en-us/articles/360020287091-GIPHY-DMCA-Copyright-Policy.

If you think any content form GIPHY is inappropriate, you are welcome to send it and its information, including its link and the creator’s name, to us. Or you can report to GIPHY directly: https://support.giphy.com/hc/en-us/articles/360020287371-Report-An-Inappropriate-GIF-.

11.2 By using the PIXABAY, you specifically acknowledge and agree that:

Lapeira & Associates LLC is grateful to PIXABAY and its community. Also, Lapeira & Associates LLC is respect and will comply with PIXABAY’s policy and require you to do the same. Lapeira & Associates LLC is not responsible for addressing any claims by you or a third party relating to the infringement of videos, photos or other contents provided by the PIXABAY. If you want to report any infringement about the contents, Please comply with PIXABAY’s dispute resolution clause: https://pixabay.com/service/terms.

If you think any content form PIXABAY is inappropriate, you are welcome to send it and its information, including its link and the creator’s name, to us.

11.3 By using Google Drive, you specifically acknowledge and agree that:

You agree to access the files in your Google Drive via Lapeira & Associates LLC, including but not limited to photos, videos, audio, etc., and agree to import the said files into Lapeira & Associates LLC’s websites and forms for editing, saving, and sharing.

11.4 By using Jotform, you specifically acknowledge and agree that:

You agree to access the files in your Google Drive via Jotforms, including but not limited to photos, videos, audio, etc., and agree to import the said files into Lapeira & Associates LLC’s websites and forms for editing, saving, and sharing.

Lapeira & Associates LLC is respect and will comply with Google Drive’s policy and require you to do the same.  Lapeira & Associates LLC is not responsible for addressing any claims by you or a third party relating to the infringement of videos, photos or other contents provided by Google Drive. If you want to report any infringement about the contents, Please comply with Google Drive’s dispute resolution clause: https://support.google.com/drive/answer/2463328.

11.5 You hereby acknowledge that Lapeira & Associates LLC does not have any responsibility or liability related to content form GIPHY or PIXABAY or Google Drive.

If you have any questions please feel free to get in touch at legal@lapeira.com with title of ‘GIPHY’ or ‘PIXABAY’ or ‘Google Drive’.

12. Supplemental Terms – Google Play
12.1 By downloading the Lapeira & Associates LLC, or BlueSMSAi, or BlueCRM, or BlueSMS (“App” or “Platform”) from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), or from any other plaftorm, you specifically acknowledge and agree that:

to the extent of any conflict between (a) the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by the Company or you (or any other user) under these Terms or the Google Play Terms.

GENERAL TERMS

A. Entire Agreement. These Terms of Use, together with our Privacy Policy constitute the entire agreement between you and Lapeira & Associates LLC relating to your use of the Platform, and supersede any previous agreements, understandings, representations and warranties (both oral and written) with respect to your use of the Platform.

B. Assignment. You may not assign or transfer these Terms of Use or your rights under these Terms of Use, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms of Use at any time without notice or consent.

C. No Waiver. The failure to require performance of any provision of these Terms of Use will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms of Use, or any provision of these Terms of Use, be a waiver of any subsequent breach or default or a waiver of the provision itself.

D. Use of Headings. Use of section headers in these Terms of Use is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms of Use the use of the word “including” means “including but not limited to.”

E. Severability. If any part of these Terms of Use is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

F. Notices. Except as expressly provided otherwise herein, all notices to Lapeira & Associates LLC shall be in writing (either paper or electronic format) and delivered either via email to: client@lapeira.com or via postal mail to Lapeira & Associates LLC, ATTN: Customer Service, 14331 SW 120th St Ste #107, Miami, FL 33186. All notices to you shall be delivered to your mailing address or e-mail address as provided in your account information (as updated by you pursuant to these Terms of Use). You authorize us to contact you as our customer via telephone, at the number provided by you in your account information, e-mail or postal mail regarding information that we deem is of potential interest to you. Notices and announcements may include commercial e-mails, and other notices describing changes, upgrades, new products and services or other relevant matters.

G. Dispute Resolution and Arbitration. You agree that disputes arising under these Terms of Use will be resolved by binding, individual arbitration, and by accepting these Terms of Use, YOU AND Lapeira & Associates LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.[F & L15] Your rights will be determined by a neutral arbitrator instead of a judge or jury. Any arbitration between you and Lapeira & Associates LLCwill be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”). Notwithstanding the foregoing, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) pursue an enforcement action through the applicable federal, state, or local governmental agency if that right of action is available; (b) seek injunctive relief in a court of law in aid of arbitration; or (c) to file suit in a court of law to address an intellectual property infringement claim.

If you desire to assert a claim against Lapeira & Associates LLC, and you therefore elect to seek arbitration, you must first send to Lapeira & Associates LLC, by certified mail, a written notice of your claim (“Notice”). The Notice to Lapeira & Associates LLC should be addressed to: client@lapeira.com (“Notice Address”). If Lapeira & Associates LLCdesires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Lapeira & Associates LLC, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Lapeira & Associates LLC and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Lapeira & Associates LLC may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Lapeira & Associates LLC or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the AAA at www.adr.org. If you are required to pay a filing fee, after Lapeira & Associates LLC receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $2,000. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms of Use, including this arbitration agreement. Unless Lapeira & Associates LLC and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Lapeira & Associates LLC’s last written settlement offer made before an arbitrator was selected (or if Lapeira & Associates LLC did not make a settlement offer before an arbitrator was selected), then Lapeira & Associates LLC will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND Lapeira & Associates LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Lapeira & Associates LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

H. Governing Law. These Terms of Use are governed by the laws of the State of California without regard to conflicts of law principles. You and Lapeira & Associates LLC agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Sacramento County, California for resolution of any lawsuit or court proceeding permitted under these Terms of Use.

I. Exclusion of Third-Party Rights. Except as otherwise set forth in these Terms of Use, these Terms of Use are for the benefit of you and Lapeira & Associates LLC and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these Terms of Use is not subject to the consent of any third party.

J. Privacy Policy. Please read our Privacy Policy below for information relating to our collection, use, storage, and disclosure of personal information and payment information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms of Use.

K. Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may communicate to you (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms of Use.

L. Consent to Electronic Communications. By providing us with your contact information, you agree to receive communications, including via e-mail, voice calls, and text messages from or on behalf of Lapeira & Associates LLC at the email address or telephone number you provided, even if that number is on a national or state “Do Not Call Registry.” These calls will be for purposes related to your use of the Platform or our other services, such as to provide you with help or information on using the Platform. Standard text messaging and telephone minute charges applied by your cell phone carrier may apply. Lapeira & Associates LLC may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY “STOP” FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand that you may continue to receive communications while we process your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.

Privacy Policy

Lapeira & Associates LLC’s website (the “Platform”) is provided and controlled by Lapeira & Associates LLC (“We” or “Us”). We are committed to protecting and respecting your privacy. This Privacy Policy (the “Policy”) sets out the basis on which any information we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our practices regarding your information and how we will handle it. By accessing or using the Platform, services, applications, products, and content (collectively, the “Services”), you acknowledge the practices described in the Policy. For purposes of the Policy, “you” and “your” means you as the user of the Services.

SUMMARY
What information do we collect about you?

Generally, we DO NOT require you to create an account on our Service and therefore, we DO NOT collect any personal data from you when you download and/or use our service without your agreement.

We collect and process information about you if you use the Platform and interact with the Services and related content such as our web pages. This includes technical and behavioral information about your use of the Services.

How will we use the information about you?

We use your information to provide the Services to you and to improve, develop and administer them. We use your information to ensure your safety.

Who do we share your information with?

We WILL NOT share your information with any third-party providers. Where and when required by law, we will share your information with law enforcement agencies or regulators, and with third parties pursuant to a legally binding court order.

How long do we keep hold of your information?

We retain your information for as long as it is necessary based on current US regulations and to provide you with the Services and fulfill our contractual obligations and rights in relation to the information involved.

Where we do not need your information in order to provide the Services to you, we retain it only as long as we have a legitimate business purpose in keeping such data or where we are subject to a legal obligation to retain the data. We will also retain your information if we believe it is or will be necessary for the establishment, exercise, or defense of legal claims.

How will we notify you of any changes to the Policy?

We will use commercially reasonable efforts to generally notify all users of any material changes to the Policy through a notice on the Platform. However, you should look at the Policy regularly to check for any changes.

We will also update the “Last Updated” date at the top of the Policy, which reflects the effective date of such policy. Your continued access to or use of the Services after the date of the updated Policy constitutes your consent to the updated Policy. If you do not consent to the updated Policy, you must stop accessing or using the Services.

1. The types of information we collect
Information you choose to provide. When you register or otherwise interact with the Services, you may give us information and content including photographs, videos, and audio files that you upload. We may also collect your feedback about the Services if you choose to provide it.

Information we collect automatically. We may collect the following information about you:

Technical information we collect about you. We automatically collect certain information from you when you access or use the Services, including IP address, network type and connections, mobile or device model, device manufacturer, mobile phone area, application version number, operating system, information about operations and behaviors performed on the device, CPU and GPU information, device resolution, system language and region, and information regarding your use of the Platform.
Behavioral information we collect about you. We also collect information regarding your use of the Services, e.g., video editing acts.

Information we obtain from other sources. We may receive information about you from other sources, including through third-party services or providers. For example, if you access third-party services through the Services or share information about your experience on the Services with others, we may collect information from these third-party services.

Information we obtain to optimize our service. When you agree to participate in our product improvement program, we may collect your information and content including your edit operation records, the period you use our service, photographs or videos you edit, and the music you choose through our service.

Cookies. Cookies are small files which, when placed on your device, enable us to collect certain information, including personal data, from you in order to provide certain features and functionality. We and our service providers and business partners use Cookies to collect data and recognize you and your device(s) on the Platform and elsewhere across your different devices. We do this to measure the traffic and functionality of our website.

2. How we use your information
We will use the information in the following ways:

We may use your information to:
provide you with the Services;
notify you about changes to the Services;
provide you with user support;
enforce our terms, conditions, and policies; and
communicate with you.

As it is in our legitimate interests to be responsive to you and to ensure the proper functioning of our products and organization, we may use your information to:

improve the Platform and to ensure tools on the Platform are presented in the most effective manner for you and your device(s);
administer the Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
allow you to participate in interactive features of the Platform when you choose to do so;
keep the Platform safe and secure; and
develop our Platform and conduct product development.
We may also use your information with your consent or at your direction.

3. How we share your information
We don’t sell any of your information and we impose restrictions on how partners can use the data we provide. We may disclose the categories of personal information discussed above for a business purpose to selected third parties in or outside your country, including with:

our service providers, suppliers, and subcontractors who help us run the Platform;
data analytics, crash analytics, and search engine providers that assist us in the improvement and optimization of the Platform.
We may share your information with any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, or companies that we control, are controlled or under common control, and our service providers and strategic business partners, in each case in or outside your country, for the purposes set out above, as permitted by applicable law, to assist in the improvement and optimization of the Platform, or for our internal business purposes.

We may share your information with law enforcement agencies, public authorities, or other organizations if legally required to do so, or if we have a good faith belief that such use is reasonably necessary to:

comply with a legal obligation, process, or request;
enforce our Terms of Use and other agreements, policies, and standards, including investigation of any potential violation thereof;
detect, prevent, or otherwise address security, fraud, or technical issues; or
protect the rights, property, or safety of us, our users, a third party, or the public as required or permitted by law (including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction).
We may also disclose your information to third parties:

in the event that we sell or buy any business or assets in which case we may disclose your information to the prospective seller or buyer of such business or assets; or
if we sell, buy, merge, are acquired by, or partner with other companies or businesses, or sell some or all of our assets. In such transactions, user information may be among the transferred assets.
In this case, we will ensure that the terms of the Policy are observed and will inform you in advance if the transfer implies any change to these terms.
Finally, we may share information otherwise with your consent or at your direction.

4. Third-party
The Services may contain links to content maintained by third parties who we do not control. We are not responsible for the privacy practices of these third parties, and the information practices of these third parties are not covered by the Policy.

Please read the following third-party information, to understand how we use your data and our “data that may be collected” SDK name, SDK application scenario (i.e. SDK type) and related third party privacy policy, etc. We have carried out security monitoring on the SDK integrated in this software to ensure that these SDK only use the basic permissions to implement their functions or services：

Firebase

Firebase-iid：use for statistic service, which will not collect any personal data from users.

Firebase-analytics: use for statistic service, to be specific, reporting click records during the use the service, which will not identify your identity by combining with other information.

Firebase-crashlytics: use for analyzing and statistic services, to be specific, we will share the statistics related to conditions (such as crash, flash back) during the use the service, such statistics will not identify your identity by combining with other information.

Google AdMob

Google AdMob will display advertising in our service, if you click such advertising, your personal data, such as location, may be collected. For more information about how Google AdMob collect and use your personal data, please refer to its Privacy Policy by the following link: https://policies.google.com/privacy.

Meta

Meta(Facebook) will display ads in our service, and if you click on such ads, your personal data, such as device information, location, transactions conducted in Facebook’s products, etc., may be collected. For more information about how Meta(Facebook) collects and uses your personal data, please refer to its privacy policy at the following link: https://www.facebook.com/privacy/explanation.

Google Drive

We may also use the Google API services, including Google Sign-In and Google Drive API, so that you can select the multimedia clip from your Google drive to use our services.

We do not and can not collect, access, control, or share your data with a third party, the Customer’s Personal Information via the Google API services. In addition, we shall use information received from Google API in compliance with the limitations applicable to the use of such information, please refer to the terms of service of Google API and the user data policy of the Google API services at the following links:
https://developers.google.com/terms
https://developers.google.com/terms/api-services-user-data-policy#betransparentaboutthedatayouaccesswithclearandprominentprivacydisclosures.

ChatGPT

We may also use the ChatGPT API services, including chat completion service and image generation service so that you can use the AI feature of our services to create some AI Photos or AI Videos.

We do not and can not collect, access, control, or share your data with a third party, the Customer’s Personal Information via the ChatGPT API services. In addition, we shall use the information received from ChatGPT API in compliance with the limitations applicable to the use of such information, please refer to the Sharing & publication policy of the ChatGPT API services at the following links: https://openai.com/policies/sharing-publication-policy

5. Where we store your information
The information that we collect from you may be transferred to and stored at our own servers located in the US, for the purposes as described in the Policy. By submitting your information, you agree to this transfer, storing, or processing. We will take reasonable steps to secure your information and treat it in accordance with the Policy.

6. Your choices
We provide tools in settings that allow you to control how you use the Platform. If you have any questions on how to use or want to know about any rights you may have in the country where you live, please contact us.

7. The security of your information
We will take reasonable steps to secure your information and treat it in accordance with the Policy. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your information, we cannot guarantee the security of your information transmitted through the Platform. We have put in place technical and organizational measures that we will amend and update from time to time to improve the overall security of our systems.

8. Data retention
We will delete your information upon request. Otherwise, we will use the following criteria to determine the period for which we will keep your information:

our contractual obligations and rights in relation to the information involved;
legal obligations under applicable laws and regulations to retain data for a certain period of time;
statute of limitations under applicable laws;
our legitimate business purposes; and
disputes or potential disputes.
After you have terminated your use of our Services, we may store your information in an aggregated and anonymized format. Notwithstanding the foregoing, we may also retain any personal information as reasonably necessary to comply with our legal obligations, allow us to resolve and litigate disputes, and enforce our agreements.

9. Information relating to children
The Platform is not directed at children under the age of 13. Users under the relevant age are not allowed to use the Platform. If we become aware that personal information has been collected from a person under the relevant age, we will delete the user’s information in accordance with applicable law. If you believe that we may have information about or collected from a child under the relevant age, please contact us.

10. Complaints
In the event that you wish to make a complaint about how we process your personal information, please contact us in the first instance at client@lapeira.com and we will endeavor to deal with your request as soon as possible. This is without prejudice to your right to launch a claim with your information protection authority or follow the dispute process.

11. Changes
We will use commercially reasonable efforts to generally notify all users of any material changes to the Policy, such as through a notice on our Platform, however, you should look at the Policy regularly to check for such changes. We will also update the “Last Updated” date at the top of the Policy, which reflects the effective date of such policy. Your continued access to or use of the Services after the date of the updated Policy constitutes your consent to the updated Policy. If you do not consent to the updated Policy, you must stop accessing or using the Services.

12. Contact
Questions, comments, and requests regarding the Policy are welcomed to us with: legal@lapeira.com.

SUPPLEMENTAL TERMS – JURISDICTION SPECIFIC

In the event of a conflict between the provisions of the Supplemental Terms – Jurisdiction Specific that are relevant to your jurisdiction from which you access or use the Services, and the rest of the Policy, the relevant jurisdiction’s Supplemental Terms – Jurisdiction Specific will supersede and control.

United States
If you are using our Services in the United States, the following additional terms apply:

California Privacy Rights
If you are a California resident, you may request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and/or across different websites. Our products do not support Do Not Track requests at this time.

Pursuant to the California Consumer Privacy Act (“CCPA”), California residents, subject to verification, may request to see what personal information we have collected about them over the past 12 months, including the categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, the categories of third parties with which the information was shared, and the specific pieces of personal information collected about them. If you are a California resident, you may also request that we delete your personal information subject to certain exceptions. Consistent with California law, if you choose to exercise either of these rights, we will not charge you different prices or provide different qualities of services unless those differences are related to your information. Please submit your request via legal@lapeira.com.

We do not sell personal information to third parties for purposes of the CCPA. We may permit third parties to collect personal information through our Services and share each of the categories of personal information described above with third parties for business purposes. These business purposes are described above and include providing advertising on our products and services and elsewhere based on users’ online activities over time and across different sites, services, and devices (so-called “interest-based advertising”) and website and online service analytics. The information practices of these third parties are not covered by the Policy.

Verifying your identity. For your safety and to allow us to make sure that we do not disclose any of your personal data to unauthorized third parties, in order to verify your identity and guarantee the adequate exercise of your rights, we may request specific information and/or documents from you before we can properly respond to a request received concerning your data. All data and documents received from you in the process of responding to your requests will be used for the strict purposes of analyzing your request, authenticating your identity, and finally responding to your request.

Limitations to your rights. In certain situations, we may have legitimate reasons not to comply with some of your requests. For instance, we may choose not to disclose certain information to you when disclosure could adversely impact our business whenever there is a risk of violation of our trade secrets or intellectual property rights. In addition, we may refrain from complying with a request for erasure when the maintenance of your data is required for complying with legal or regulatory obligations or when such maintenance is required to protect our rights and interests in case a dispute arises. Whenever this is the case and we are unable to comply with a request you make, we will let you know the reasons why we cannot fulfill your request.

In case of doubt about your privacy, your rights, or how to exercise them, please contact us via the provided information in “12. Contact”. If you have any questions about the processing of your personal data, we would like to clarify them.

Language. The Terms of Service are prepared in the English language and shall prevail in other versions (if any).

DPO. If you wish to contact the Data Protection Officer, please contact us: luis@lapeira.com

Data retention. We destroy personal data whose purpose of collection as consented to by you have been achieved, or whose periods of and use to which you consented to or which were provided in the Policy have expired; provided, however, we will continue to store your personal data for the following statutorily-prescribed periods, where applicable, including, but not limited to:

Act on Consumer Protection in Electronic Commerce:

Records on your cancellation of an order, your payment on a purchased item, and our supply of a good/service: 5 years
Records on the handling of consumer complaints or disputes: 3 years
Records on advertisements and labels: 6 months
Protection of Communications Secrets Act
Records on your visits to our website: 3 months
Destruction of Personal data. We destroy your personal data in a manner that renders it unrestorable by the relevant department.

Your rights

Data rights. You have the right to access personal data we hold about you, to rectify any personal data held about you that is inaccurate, to request the deletion of personal data held about you, and the right to request the suspension of the processing of your personal data. You can exercise your rights by contacting us.
Data Security. We work hard to protect Lapeira & Associates LLC and our users from unauthorized access to or unauthorized alteration, disclosure, or destruction of information we hold. To this end, we have in place technical, managerial, and physical safeguards, including internal policy for data protection, limiting the access to personal data on a need-to-know basis, and controlling access to the facilities where personal data is processed.
Information Relating to Children. Lapeira & Associates LLC is not directed at children under the age of 18.
Entrustment and/or Transfer of Personal Data. We entrust your data to our affiliates, cloud storage providers, IT service providers, and data centers, some of whom are located abroad, subject to your consents or notifications to you, if applicable. The entities receiving and processing your data are committed to using and storing personal data in compliance with domestic and international regulations and to taking all available physical and technical measures to protect personal data. You may opt-out of such transfer so long as the transfer is not necessary to provide you with the Services, by contacting luis@lapeira.com.

How we share your information
If you consent to push notifications, we may also provide your device information to your operating system.

Your rights

The right to request free of charge (i) confirmation of whether we process your personal data and (ii) access to a copy of the personal data retained;
The right to request proper rectification or removal of your personal data or restriction of the processing of your personal data;
Where the processing of your personal data is either based on your consent or necessary for the performance of a contract with you and processing is carried out by automated means, the right to receive the personal data concerning you in a structured, commonly used and machine-readable format or to have your personal data transmitted directly to another company, where technically feasible (data portability);
Where the processing of your personal data is based on your consent, the right to withdraw your consent at any time without impact to data processing activities that have taken place before such withdrawal;
The right not to be subject to any automatic individual decisions, including profiling, which produces legal effects on you or similarly significantly affects you unless we have your consent, this is authorized by Union or Member State law or this is necessary for the performance of a contract;
The right to object to processing if we are processing your personal data on the basis of our legitimate interest unless we can demonstrate compelling legitimate grounds which may override your right. If you object to such processing, we ask you to state the grounds of your objection in order for us to examine the processing of your personal data and to balance our legitimate interest in processing and your objection to this processing;
The right to object to processing your personal data for direct marketing purposes; and
The right to lodge complaints before the competent data protection regulator.

User Messaging Platform
This platform facilitates your ability to define your consent regarding our utilization of cookies or other forms of local storage.

We are not responsible for the content or privacy practices of other applications. Any external links to other applications or websites will be identifiable as such.

In reference to your consent for cookies, we will not collect personally identifying information about you when you visit our application unless you choose to provide that information to us. You can block cookies by activating the setting on UMP that allows you to refuse the setting of all or some cookies. You can also visit www.allaboutcookies.org for further information.

Please note that we fully respect your right to privacy, and will not collect any personal information about you on our application without your explicit knowledge and permission. However, the nature of the Internet is such that we cannot guarantee or warrant the security of any personal information that is transmitted to us over the Internet.

Before we can respond to a request to exercise one or more of the rights listed above, you may be required to verify your identity or your account details.

If you would like to exercise any of your rights, please contact us via luis@lapeira.com.