Terms and Conditions

Last updated Sep 15, 2021

These Terms govern your access to and use of Pola - Swipe Filter Effects developed by Joseph Kim.

These Terms also govern visitors’ access to and use of the Pola website (“Sites”).

Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including our Privacy Policy), and procedures that may be published from time to time (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades.

Please read the Agreement carefully before accessing or using our Apps and Sites. By accessing or using any part of our Apps and Sites, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Apps and Services.

Restrictions

Without limitation, you further undertake not to or permit anyone else to:-

A. resell any products or Samples;

B. furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;

C. attempt to circumvent our security or network,

D. execute any form of network monitoring which will intercept data not intended for you;

E. enter into fraudulent interactions or transactions with us or a Merchant,

F. extract data from or hack into the Apps;

G. use the Sites or Apps in breach of these Terms and Conditions of Use;

H. engage in any unlawful activity in connection with the use of the Apps or the Sites; or

I. engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Apps or Sites.

Failure to adhere to the restrictions above may result in suspension of services.

Payment

Some features of our Apps are provided for free, but others may be offered for a fee, such as Pola Pro (collectively, “Paid Services”). By using a Paid Service, you agree to pay the specified fees.

Renewal

To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew as per App Store’s Policies. You can manage and cancel your Paid Services at the App Store’s management panel.

Fee Changes

We may change our fees at any time, or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.

Disclaimer and Exclusion of Liability

The Apps and the information on the Apps and Sites and use thereof is provided on an "as is, as available" basis without any warranties whether express or implied.

To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Apps and its contents, including in relation to any inaccuracies or omissions in the Apps, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.

We do not warrant that the Apps will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

While we may use reasonable efforts to include accurate and up-to-date information on the Apps, we make no express warranties or representations as to its accuracy, timeliness or completeness.

We shall not be liable (in contract, tort, including negligence or breach of statutory duty) for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the Apps and/or Sites, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.

For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the App, or electronic mail transmitted to and from us, will not be monitored or read by others.

Indemnity

You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) any other party’s use of the Services using your user ID, and/or (c) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.

Jurisdictions and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Delaware, USA., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Delaware.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Joseph Kim as a result of these Terms or your access to and use of the Apps and Sites.