Terms of Service
- By using Retouch: Body Editor, you agree to these Terms and to the Apple Standard EULA terms below.
- You get a personal, limited, non-transferable license to use the App on your Apple devices.
- All editing happens on your device; you are responsible for the images you create and how you share them.
- The App is provided "as is." Nothing here removes mandatory consumer rights you may have under EU/UK or local law.
- These Terms are governed by the laws of Vietnam; Apple is a third-party beneficiary and may enforce them against you.
1. Acceptance of These Terms
These Terms of Service ("Terms") form a binding agreement between you and Khanh Thong Le ("we," "us," "our," or the "Developer") governing your download and use of the mobile application Retouch: Body Editor (the "App"). By downloading, installing, or using the App, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not download or use the App.
2. Eligibility
You must be at least 13 years old (or the minimum age of digital consent in your country, if higher) to use the App. By using the App, you represent that you meet this requirement and that you are legally able to enter into these Terms. You further represent that you are not located in, under the control of, or a national or resident of any country subject to a U.S. Government embargo or designated as a "terrorist-supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties. If you are using the App on behalf of a minor for whom you are responsible, you accept these Terms on their behalf.
3. License Grant
Subject to your compliance with these Terms, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use one copy of the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use, in accordance with the Apple App Store Terms of Service and the Usage Rules set out in the Apple Media Services Terms and Conditions. All rights not expressly granted to you are reserved by the Developer.
4. Apple Standard EULA Addendum
The App is licensed, not sold, to you. Your license is subject to your prior acceptance of Apple's Licensed Application End User License Agreement (the "Standard EULA"), available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. The following terms apply and, in the event of a conflict between these Terms and the Standard EULA with respect to the App, the more protective-of-the-user terms control to the extent required by Apple.
4.1 Acknowledgment
You and the Developer acknowledge that these Terms are concluded between you and the Developer only, and not with Apple, and that Apple is not responsible for the App or its content. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4.2 Scope of License
The license granted to you for the App is a limited, non-transferable license to use the App on any Apple-branded products that you own or control, and only as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
4.3 Maintenance and Support
The Developer is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. You and the Developer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4.4 Warranty
The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. 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 (if any) for the App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Developer's sole responsibility.
4.5 Product Claims
You and the Developer acknowledge that the Developer, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of any frameworks. These Terms do not limit the Developer's liability beyond what is permitted by applicable law.
4.6 Intellectual Property Rights
You and the Developer acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms.
4.7 Legal 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.
4.8 Developer Name and Address
Any questions, complaints, or claims with respect to the App should be directed to:
Khanh Thong Le
Email: thongintech@gmail.com
4.9 Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using the App. To the extent the App provides access to or operates with any third-party services, you agree to comply with any applicable third-party terms.
4.10 Third-Party Beneficiary
You and the Developer acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
5. Acceptable Use
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the App in violation of any applicable law, regulation, or third-party right;
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the App, except to the extent that such restriction is prohibited by applicable law;
- Copy, modify, distribute, sell, lease, or sublicense the App or any part of it;
- Remove, alter, or obscure any proprietary notices in the App;
- Use the App to create or distribute imagery that is unlawful, harassing, defamatory, or that infringes the rights of others.
6. Edited Images
The App is a creative tool. You retain all rights to the photos you import and the images you create with the App. You are solely responsible for the images you create, edit, and share, and for the manner in which you use or distribute them. You agree that you will not use the App to create, alter, or distribute images that are misleading, defamatory, harassing, sexually exploitative, or otherwise unlawful, or that depict any identifiable person in a way that would deceive others or harm that person, without that person's consent where such consent is required by law. You are responsible for obtaining any rights, releases, or consents necessary for the photos you edit and share. The Developer has no access to your images and accepts no responsibility for the content you create or how you use it.
7. Intellectual Property
The App, including its software, design, user interface, graphics, the Metal-based editing engine, text, and all related intellectual property, is owned by the Developer or its licensors and is protected by copyright and other intellectual-property laws. Except for the limited license granted to you in these Terms, no rights, title, or interest in the App are transferred to you. "Retouch: Body Editor" and associated logos are marks of the Developer. Nothing in these Terms grants you any right to use them without prior written permission.
8. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Developer does not warrant that the App will be uninterrupted, error-free, or free of harmful components, or that any defects will be corrected. You use the App at your own discretion and risk.
EU/UK consumers: Nothing in these Terms affects your mandatory statutory rights as a consumer under the laws of your country of residence, including rights regarding goods or digital content that are not as described, not fit for purpose, or not of satisfactory quality. Where such rights apply, they take precedence over any disclaimer in this section.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. To the maximum extent permitted by law, the Developer's total aggregate liability for all claims relating to the App will not exceed the greater of the amount you paid for the App (if any) in the twelve months before the claim, or USD 10.00. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you; nothing in these Terms limits liability that cannot be limited under applicable law, including mandatory consumer-protection rights in the EU/EEA and UK.
10. Indemnification
To the extent permitted by applicable law, you agree to indemnify and hold harmless the Developer from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your misuse of the App; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) the images you create, edit, or share using the App. This section does not apply to the extent a claim arises from the Developer's own breach of law or these Terms, and it does not diminish any non-waivable consumer rights you may have.
11. Termination
These Terms remain in effect while you use the App. The license granted to you terminates automatically if you breach these Terms. You may terminate at any time by deleting the App from your devices. Upon termination, you must stop using the App and delete all copies. Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.
12. Changes to These Terms
We may update these Terms from time to time to reflect changes to the App or to legal requirements. When we do, we will revise the "Last updated" date above and post the updated Terms at this URL. Material changes will be made available before they take effect where required by law. Your continued use of the App after the updated Terms take effect constitutes acceptance of the changes. If you do not agree to the updated Terms, you must stop using the App.
13. Governing Law & Disputes
These Terms are governed by and construed in accordance with the laws of Vietnam, without regard to its conflict-of-laws rules. Subject to the mandatory rights described below, you agree that the competent courts located in Vietnam will have jurisdiction to resolve any dispute arising out of or relating to these Terms or the App.
EU/EEA and UK consumers: If you are a consumer resident in the EU/EEA or the UK, you retain the protection of mandatory provisions of the consumer-protection law of your country of residence, and nothing in this section deprives you of the right to bring proceedings in, or rely on the mandatory consumer laws of, your home jurisdiction. The European Commission also provides an online dispute-resolution platform for consumers, available at https://ec.europa.eu/consumers/odr/. We are not obliged to and generally do not participate in alternative dispute-resolution proceedings before a consumer arbitration board.
These Terms do not require or impose any binding individual arbitration.
14. Miscellaneous
These Terms, together with the Privacy Policy and the Apple Standard EULA, constitute the entire agreement between you and the Developer regarding the App and supersede any prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any right or provision is not a waiver of that right or provision. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Headings are for convenience only.
15. Contact
If you have any questions about these Terms, please contact:
Khanh Thong Le
Email: thongintech@gmail.com