User agreement and Privacy policy

Part 1: TERMS OF SERVICES

Thank you for choosing Versa!

Important: Before you (also the "User") read and decide whether to accept Versa’s User Agreement (the "Agreement"), Versa (also "we" or "us") advises you to carefully read and make sure you understand the provisions of this Agreement, especially those sections that are underlined and in bold, which exclude or limit the liability of Versa or place greater obligations upon the User. If you are a minor, please read this Agreement carefully and decide whether to accept this Agreement in the company of your legal guardian. If you have any questions about this Agreement, or unable to accept this Agreement in whole or in part, or wish to provide feedback (including suggestions and complaints) to Versa on your use of Versa app, please cease using Versa.You can contact us via email at contact@versa-ai.com

  1. Scope of this Agreement: This Agreement is made between you and Versa and its affiliates (the "Affiliates"), where its related services may exist and governs your use of Versa. This Agreement covers the Versa Account Regulations, Privacy Policy, and other relevant agreements and regulations that may be issued from time to time. Versa and its Affiliates may update this Agreement at any time at their discretion in accordance with business, legal or policy reasons. If you are unable to accept all or part of the provisions of any future updated version of this Agreement, you may contact Versa. Please cease the use of Versa prior to you reaching an agreement with Versa.
  2. Protection of User Information and Personal Information: It is a fundamental principle of Versa and its Affiliates to protect your user information and personal information. You agree that Versa and its Affiliates shall collect, use, store, manage and protect your user information and personal information in accordance with the provisions of this Agreement and the Privacy Policy. If you are unable to accept the provisions of the Privacy Policy in whole or in part or have any questions, please cease using Versa and you may contact us via the contact details provided above.
  3. Versa Account and Security: To make better use of Versa, you can register for a Versa account yourself or create a Versa account at random using any other methods of logging in. With regards to the specific regulations on the use of your Versa account, please comply with the provisions of the Versa Account Regulations. After getting your Versa account, please keep your Versa account and password as well as your account and password related with other login methods secure. You shall be solely liable for situations such as theft of your Versa account and password, or any unauthorized use of your Versa account due to your failure to keep this information secure. You may terminate your Versa account at any time in accordance with the Versa Account Regulations. Versa shall also manage your Versa account in accordance with the Versa Account Regulations.
  4. Your Necessary Authorization: You shall own the intellectual property rights of the photos taken or developed by you using Versa. You agree to grant Versa a free of charge, non-exclusive, irrevocable, worldwide authorization to use the photos generated in the course of using the service for the purposes of offering, optimizing and promoting this service. Versa shall make every effort to use these photos within reasonable limits. Your necessary authorization does not imply the guaranteed the necessary use of these photos by Versa, nor shall it change your ownership of these photos or your intellectual property rights thereof, nor shall it affect any of your legal use of these photos.
  5. Your Legal Use: You shall be responsible for the authenticity and legitimacy of the photos taken, developed, posted or stored by you using Versa. You shall not use Versa for the production, storage or posting of the following information:

(i) Information that endangers national and social security, including but not limited to information that opposes the fundamental principles stated in the Constitution; information that endangers national security, divulges state secrets, subverts state power or undermines national unity; information that incites ethnic hatred or discrimination or undermines ethnic solidarity; information that undermines national religious policies or propagates cults or superstitions; information that disseminates rumors, disturbs social order or disrupts social stability; information that propagates gambling, violence, murder and terrorism or incites the commission of a crime; information that incites an unlawful assembly, association, procession or demonstration, or gathers crowds to disturb social order; any other information prohibited by law, administrative regulations or national regulations.

(ii) Obscene and pornographic information, including but not limited to information such as those that involves solicitation of prostitutes, casual sex and sexual partners, and information related to the posting of content such as erotic texts, erotic videos, erotic pictures, and information related to long-term posting of content of a probable obscene and pornographic nature or any other content of a suggestive sexual nature.

(iii) Information that infringes on the rights of others, including but not limited to their legitimate rights under the law, including the right to a sound reputation, the right of publicity, the right to privacy and intellectual property rights.

(iv) Information that creates unfair competition, including but not limited to information related to the tampering, adding, subtracting and deleting of ownership markings, or information related to posting of unauthorized content and the like.

(v) Any other information that violates the laws and regulations, policies and social order and good customs, interferes with the normal operations of Versa or infringes on the legitimate rights and interests of any third party.

If you violate this Agreement, you agree that Versa may, at its discretion or as required by the laws and policies, and without prior notice to you, select to do all or part of the following: (1) suspend or terminate the software license granted to you and cease to provide the corresponding technical services, and take measures including but not limited to measures that restrict your use of your Versa account or freeze or terminate your Versa account, and you shall be solely liable for any consequences arising from you being unable to use your Versa account, including but not limited to the unavailability to use any value-added services you may have purchased; and/or (2) appeal to an administrative enforcement agency or judiciary authority to pursue the corresponding legal liability. You shall be solely liable for any damages caused to any third party (including Versa and its Affiliates) as a result of your violation of this Agreement, and agree to compensate Versa and its Affiliates for any losses thus incurred.

  1. Advertising: Versa may include advertisements, which are part of the reasonable and legitimate business model adopted by Versa and its Affiliates. You agree to receive advertisements sent by Versa and its Affiliates or third-party partners while you are using Versa. After Versa and its Affiliates have performed their obligations in connection with the release of advertisements in according with the law, you shall make your own judgment about the authenticity of such advertisements and shall be liable for the consequences of your judgment. Unless otherwise stipulated by law, Versa and its Affiliates are not liable for any losses or damages incurred by you from the transactions performed based on such advertisements or the content provided by the advertisers.
  2. Value-added Services: Versa and its Affiliates is entitled to charge fees for certain services provided ("Value-added Services"). If you choose to use those Value-added Services, the relevant agreement shall be complied. If you do not agree to the relevant agreement and its amendments and modifications, please suspend your use of the Value- added Services. You may contact Versa via contact details as first written above. If you are minor(s) under 18 years of age, please read the relevant the agreement on Value- added Services carefully and decide whether to accept the agreement and the Value- added Services thereof in the company of your legal guardian.
  3. Intellectual Property Rights Statement: Versa, or parties licensed by Versa, or Affiliates of Versa have ownership of the intellectual property rights in all versions, technologies, programs, materials, items and all information provided along with Versa (collectively referred to as "Versa Information Content", including but not limited to product features, user interfaces, operating steps, trademarks, patents, computer software, etc.). Under any circumstances, the granting of a license to you by Versa or its Affiliates to use the software provided by Versa shall not be deemed as a transfer to you of all or part of the intellectual property rights therein. Any material that you download from Versa and any other Versa contents may be used for the purpose of your personal entertainment, learning, research or appreciation. You shall not use such material and content for any commercial purposes without the written consent of Versa.
  4. Force Majeure and Other Grounds for Exemption from Liability: Your ability to use Versa may be affected by force majeure circumstances or other factors, including but not limited to the following: Political or social circumstances, natural disasters, economic crises, computer virus or hacker attacks, server or system instability, your location, technical limitations, network quality, and failures in communication lines or computers (hereinafter collectively referred to as "grounds for exemption from liability"). In the event of any of such grounds for exemption from liability, Versa shall make endeavor to restore the normal operations or take timely remedial actions as soon as possible. During this period, Versa shall be exempted from liability for losses incurred by you to the extent permissible by law and relevant policies.
  5. Modification, Suspension, and Termination of Versa: Except as otherwise stipulated in this Agreement, Versa and its Affiliates shall have the right to modify, suspend, or terminate content in Versa in accordance with their sole business judgment. Except as otherwise stipulated in any other agreements, Versa shall not assume any responsibility for any corresponding modification, suspension or termination. It is your responsibility to appropriately update, backup and transfer the data.
  6. Governing Law and Dispute Resolution: This Agreement is established, enters into force, and shall be enforced and interpreted under the laws of Hong Kong, without regard to its conflict of laws provisions. Any disputes arising hereunder shall also be resolved in accordance with the laws of Hong Kong. This Agreement is entered into force in Hong Kong. You agree to submit any dispute between you and Versa or any of its Affiliates to the court with jurisdiction in the place where this Agreement has been entered into for exclusive jurisdiction. If any provision of this Agreement is held to be invalid or unenforceable for whatever reason, the remaining provisions shall remain in full force and effect and binding upon you and Versa.
  7. Definitions and Miscellaneous:(i) "Versa" is a software product developed, operated and managed by Versa and its Affiliates with the aim to provide you with a royalty-free, non-exclusive and global software license and technical services within the scope of this Agreement. Under this Agreement, "Versa" may refer to any mobile terminal of Versa, the independent website set up by Versa for Versa, or the related technical services provided by Versa in connection with the Versa software. (ii) "Versa" refers to Versa Inc. (iii) "Material" refers to the related materials and information that have been or will be provided by Versa and built into Versa, and that can be used to edit your photos, including but not limited to fonts, text, special effects, stickers, borders, backgrounds and templates.

Part 2: Privacy Policy

Your privacy is important to us. Versa, Inc. and its affiliate or controlled companies ("Versa", “us”, "our" or "we") are dedicated to protecting the privacy rights of our users ("users" or "you"). This Privacy Policy (the "Policy") is meant to help inform you of your choice and our practices in regard to the manner we collect, store, use, and manage the information that you provide or we collect in connection with our website:www.versa-ai.com or any of our mobile applications available on mobile app stores (including Apple App Store and Google Play) and mobile platforms (including iOS and Android) (collectively, the "Services"). Please note that the scope of this Policy is limited to information collected or received by Versa when you are using our Services. BY USING OUR SERVICES, YOU ARE EXPRESSING YOUR CONSENT TO THIS POLICY AND THE COLLECTION AND PROCESSING OF YOUR DATA, INCLUDING YOUR PERSONAL INFORMATION, IN THE MANNER PROVIDED IN THIS POLICY. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS POLICY OR REVISED VERSION, PLEASE DO NOT USE OUR APPS OR SERVICES. If you have any questions regarding this Privacy Policy or any privacy-related matters, please contact us via: contact@versa-ai.com, or via postal mail at R19, 3rd Floor, Building No.1, Yuyuan Rd 1107, Changning District, Shanghai, China.

The Information We Might Collect In order to provide better Services to you, Versa may collect, to the extent permitted by laws and only when using certain functions and Services, the following data and information.

The Information You Provide Us When using our Services, we might recommend you sign up for a Versa account to take full advantage of our Services and their features. When you do, we will collect the information you provide to identify you for the purpose of the register of your Versa account, including your account name, mobile phone number and so on，which are necessary to sign up for a Versa account. Information We Get from Your Use of Our Services Device Information

When you use any of Versa applications on a mobile platform, we may collect and record certain information such as your unique device ID (persistent /non-persistent), hardware type, media access control ("MAC") address, international mobile equipment identity ("IMEI"), the version of your operating system ("OS"), your device name, and your location (based on your Internet Protocol ("IP") address, country code of SIM and GPS). This information is useful to us for troubleshooting and helps us understand usage trends among all users.

We may collect your location based information for the purpose of providing you with a correct version of the application and our better Services. Except otherwise provided in the Policy, we will not share this information with any third party. If you no longer wish to allow us to track or use such information, you may turn the internet access and/or GPS off at the device level or disable the relevant permission to our application.

In addition, we may create a unique user ID to track your use of our Services. This unique user ID is stored in connection with your profile information to track the Versa applications you are using.

User Logs When using our Services, including engaging with, watching or producing any content in relation to our Services, certain user log information in Versa applications will be automatically collected, including (i) details on when and how often our Services are being used, (ii) devices statistics, critical operation paths, errors, crashes, language and time zone and so on. These user logs are used to improve our Services and are NOT USED to identify and track our users individually.

Metadata

Metadata is usually technical data that is associated with user content ("Content") and can describe what, when, where, how, and by whom a piece of Content has been generated. When using our Services, we will use the metadata of the photos to provide more precise functions of “Facial Detection”, “Key-Points Recognition”, “Region Segmentation”, “Content Tags” and the other customized function on the basis of the combination of the mentioned basic functions. This metadata is used to improve our Services and is NOT USED to identify and track our users individually.

Forums Messages

Some of our Sites or applications offer publicly accessible community forums. You should be aware that any information you provide and make public in these areas may be read, collected, and used by others who access our Sites. If you cannot remove your personal information from our community forum by yourself, please contact us at:contact@versa-ai.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. Advertising We may collect and use information about you, such as your device identifier, MAC address, IMEI, geo-location information and IP address for the purpose of the tracking of the advertising. This information is used together to create a unique user number to help us to better count and track advertising based on language, geographic location and other relevant details. This information is NOT SOLD to outside parties. Information Collected by Third Parties Third Parties’ Services

Our Services may contain third party tracking tools from third party service providers. Such third parties may use cookies, APIs, and SDKs in our Services to enable them to collect and analyze your information on our behalf. The third parties may have access to information such as your device identifier, MAC address, IMEI, locale (specific location where a given language is spoken), geo-location information, and IP address for the purpose of providing their services under their respective privacy policies. The Policy does not cover the use of tracking tools from third parties. We do not have access or control over these third parties. If you would like to know the information of the corresponding third parties, please contact us at: contact@versa- ai.com How Will We Use Your Information

We collect your information to improve product performance and user experience. In order to achieve such goal, we may use your information to: (i) create your accounts; (ii) operate and improve our Services; (iii) understand you and your preferences to enhance your experience using our Services; (iv) respond to your comments and questions and provide customer service; (v) provide and deliver products and services you request; (vi) send you related information, including confirmations, technical notices, updates, security alerts, and support and administrative messages; (vii) enable you to communicate with other users; (viii) link or combine it with other information we get from third parties, to help understand your preferences and provide you with better services; (ix) process your information outside the country you live for the purposes listed above.

Limited Disclosure of Information We do not have the right to disclose your information unless such disclosure is to: (i) Protect the safety of any other individuals or property; (ii) Prevent or deal with any cyber fraud; (iii) Safeguard the lawful rights and interest of us and our users; (iv) Realize the purpose as indicated under the section of “The Information We Might Collect” on the condition that the receipt of such disclosure shall be bound to this Policy and shall provide sufficient protection to the Information; (v) Comply with laws and regulations, the order from the government authority or juridical decision, usually for the purpose of the protection of network security and the rights, property, and safety of us, our users, or others.

Security of Information We use a variety of security technologies and procedures for the purpose of preventing loss, misuse, unauthorized access or disclosure of the Information. For example, in some of our Services, we use encryption technology (such as HTTP transfer) to protect certain sensitive Information provided by you to us. Please note that no data security measures can guarantee 100% security at all times. Our systems and the communications networks through which you access our services may be subject to security breaches and failures which are due to circumstances beyond our reasonable control

Access and Control of Information We will adopt all commercially reasonable techniques in order to make sure you can access, update and correct your user and registration information or any other information you provide to us when using our Services. We might require authentication of your identity for the purpose of the security of your Versa account.

Data Retention Subject to applicable laws and regulations, we will retain your information for as long as the use as stated in the section of “How We Will Use Information” or as needed to provide you our Services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. If you wish to cancel your account or request that we no longer use your information to provide you our Services, contact us at contact@versa-ai.com or legal@versa-ai.com.

Children Policy We do not knowingly collect or solicit personal information from anyone under the age of 13 (or any applicable age in your jurisdiction). If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. If you believe that we might have any information from or about a child under the age of 13, please contact us at contact@versa-ai.com or legal@versa-ai.com.

Your Consent to International Transfer You understand and agree that (i) we may collect and store your information, as outlined in this Policy, within servers located in the People’s Republic of China (“PRC”), as well as other countries, and that this process would include international transfer of your information; and (ii) we may transfer information that we collect about you to our affiliate companies or to other third parties (please refer to “Third Party Services” in this Policy) across borders according to this Policy. Please note that these countries and jurisdictions may not have the same data protection capacity as your own jurisdiction, and you therefore consent to the transfer of information to PRC and the use and disclosure of information about you, including personal information, as described in the Policy. If you disagree or would like to know more, please contact us at contact@versa-ai.com or legal@versa-ai.com.

Governing Law and Dispute Resolution The Policy, including, but not limited to, its conclusion, validity, construction, performance and settlement of the disputes, shall be governed by the laws of the Hong Kong Special Administrative Region, without giving effect to the principles of conflict of law. Any disputes arising from, or in connection with the Policy shall be first settled through friendly negotiation between you and us and please contact us at contact@versa-ai.com or legal@versa-ai.com. In the case where no settlement to the disputes can be reached through amicable negotiation, the disputes shall then be submitted to Hong Kong International Arbitration Center under the Hong Kong International Arbitration Center Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Hong Kong. The arbitral award is final and binding upon both parties. The arbitration fees shall be borne by the losing one except otherwise awarded by the arbitration commission.

Amendment to the Policy You agree that we may update or revise this Policy in order to comply with the laws and regulations or our newly commercial arrangement and you consent to be bound by the revised version of this Policy. If significant or material amendment to this Policy is involved, we may send a notice on the Sites if necessary. We recommend you to periodically stay tuned to the notices on the Sites

Special Terms for USA Users If you are a user of our Services in the USA, the following terms are incorporated into the Policy, and prevail the terms of the Policy to the extent of any inconsistency. If you are a California resident, you agree to waive California Civil Code Section 1542, and any similar provision in any other jurisdiction (if you are a resident of such other jurisdiction), which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO PARTICIPATE IN A CLASS ACTION IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE POLICY CONTEMPLATED HEREBY. ANY DISPUTES BETWEENED YOU AND US SHALL BE RESOLVED BY A BINDING AND INDIVIDUAL ARBITRATION AS SET OUT UNDER THE POLICY.

Last Modified: 2018-08-10