Terms of Use Agreement

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Terms of Use Agreement
Last Updated: [March 29, 2026]
These Terms of Use Agreement (“Agreement”) govern your access to and use of the applications, websites, and other online products and services (collectively, our “Services”) provided by Beijing Zhongguang Zhida Technology Co., Ltd. (operating as and hereinafter referred to as “OmniSmart”, “we”, “us”, or “our”).
IMPORTANT NOTICE REGARDING ARBITRATION: FOR U.S. USERS, PLEASE BE AWARE THAT SECTION 12 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. BY AGREEING TO THESE TERMS, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION.
If you do not agree to this Agreement, do not access or use our Services.
1. Acceptance and Eligibility
By accessing or using our Services, you agree to be bound by this Agreement. You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement.
2. User Accounts and Security
If you register for an account or log in via a third-party platform, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorized access or security breaches.
3. User-Generated Content (UGC) and Conduct Rules
Our Services may allow users to post, share, and interact with content (“User Content”). OmniSmart maintains a strictly zero-tolerance policy regarding objectionable content and abusive users.
3.1 Prohibited Content You agree not to create, post, or share any User Content that:
●Is unlawful, defamatory, libelous, obscene, pornographic, indecent, lewd, or sexually explicit.
●Promotes violence, terrorism, self-harm, or illegal acts.
●Constitutes harassment, bullying, intimidation, or hate speech against any individual or group.
●Infringes upon any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.
3.2 Content Moderation and User Safety To ensure a safe environment and comply with App Store Guidelines, we enforce the following measures:
●Filtering: We reserve the right to proactively filter and automatically block objectionable User Content.
●Reporting: Users can report offensive content and abusive behavior directly within the App. OmniSmart guarantees a review of all reports within 24 hours.
●Blocking: Users have the functionality to block abusive users within the App, immediately ceasing all interaction with the blocked party.
●Enforcement: We reserve the right, at our sole discretion, to remove objectionable content without prior notice and to suspend or permanently terminate the accounts of users who violate these rules.
3.3 License to User Content You retain ownership of your User Content. However, by sharing User Content through the Services, you grant OmniSmart a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, distribute, and display such content solely for the purpose of operating and providing the Services.
4. Prohibited Conduct
While using the Services, you will not:
●Violate any applicable local, state, national, or international law.
●Attempt to reverse engineer, decompile, hack, or disable any aspect of the Services.
●Use automated scripts, bots, or scrapers to extract data from the Services.
●Impersonate any person or entity or misrepresent your affiliation with OmniSmart.
5. Intellectual Property Rights
All texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork, and computer code (collectively, "OmniSmart Content") contained within the Services are owned, controlled, or licensed by or to OmniSmart. We grant you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software provided to you as part of the Services. This license is solely for the purpose of enabling you to use and enjoy the benefit of the Services as provided by us.
6. Premium Subscriptions and Auto-Renewal
OmniSmart may offer fee-based subscriptions for enhanced features.
●Billing: Payment will be charged to your Apple ID or other selected payment method at confirmation of purchase.
●Auto-Renewal: Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
●Management & Cancellation: You can manage or cancel your subscriptions by going to your App Store Account Settings after purchase. If you cancel, you will retain access to the premium features until the end of your current billing cycle. No prorated refunds are provided.
7. Disclaimers
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." OMNISMART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee that the Services will be uninterrupted, secure, or error-free.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OMNISMART, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICES IN THE PAST TWELVE (12) MONTHS.
9. Indemnification
You agree to indemnify, defend, and hold harmless OmniSmart and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of your use of the Services, your User Content, or your violation of this Agreement.
10. Additional Terms for iOS Apple App Store
If you access or download our app from the Apple App Store, the following applies:
●Acknowledgment: This Agreement is between you and OmniSmart only, not with Apple. OmniSmart, not Apple, is solely responsible for the App and its content.
●Scope of License: The license granted to you is a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
●Maintenance and Support: Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
●Warranty: Apple is not responsible for any product warranties. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever.
●Product Claims: OmniSmart, not Apple, is responsible for addressing any claims relating to the App, including product liability claims, legal or regulatory non-compliance, and consumer protection claims.
●Intellectual Property: In the event of any third-party claim that the App infringes intellectual property rights, OmniSmart, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
●Third-Party Beneficiary: Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance, Apple will have the right to enforce this Agreement against you.
11. Export Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
12. Dispute Resolution and Arbitration
●12.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
●12.2 Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to this Agreement shall be settled by binding arbitration administered by JAMS in accordance with its applicable rules, rather than in court.
●12.3 Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
●12.4 Opt-Out: You may opt out of this arbitration agreement by notifying us in writing within 30 days of first accepting these terms.
●12.5 Exceptions for Consumers in the UK, EU, and Canada: If you are a consumer residing in the United Kingdom, the European Union, or Canada, the mandatory arbitration provisions and class action waiver in this section may not apply to you under your local laws. Instead, you may have the right to resolve disputes in your local courts and under your local consumer protection laws. Nothing in this Agreement, including the governing law provision of California, affects your rights as a consumer to rely on the mandatory provisions of the local laws of your country of residence.
13. Miscellaneous
●Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
●Modifications: We may update this Agreement from time to time. We will notify you of any material changes via the App or email. Continued use of the Services constitutes acceptance of the updated Agreement.
14. Contact Us
If you have any questions, complaints, or claims with respect to the Services, please contact us at:
Beijing Zhongguang Zhida Technology Co., Ltd. [Room 1815, 18th Floor, No. 32 Zhongguancun Avenue, Haidian District, Beijing, China] Email: [support@vovofoto.com]