1. Introduction and Acceptance of Terms
1.1 The Agreement: This Terms of Service (the "Agreement") constitutes a legally binding contract between you ("you," "your," or "user") and NUCLEAR MAN ("we," "us," or "our"). This Agreement governs your access to and use of our mobile application, Charmoji - Emoji Battery Icon (the "App"), and all related services (collectively, the "Services").
1.2 Binding Agreement: By downloading, installing, accessing, or using the App, you confirm that you have read, understood, and agree to be bound by all terms of this Agreement. If you do not agree with these terms, you are not permitted to use the Services and must immediately uninstall the App.
1.3 Incorporated Privacy Policy: Your use of the Services is also governed by our Privacy Policy. The Privacy Policy is made available on our website and within the App and is incorporated into this Agreement by reference. It provides a detailed explanation of our data practices, including how we handle your Customization Preferences and the technical data collected to operate and fund the Services.
1.4 Eligibility: You must be at least 13 years old, or at least 16 years old if you are resident in the European Economic Area or the United Kingdom, to use the Services. By using the Services you represent that you meet this requirement. If you are under the age of majority in your jurisdiction, you may only use the Services with the involvement of a parent or legal guardian.
2. The Services
Our App provides a comprehensive suite of battery customization and personalization tools. Currently, the application provides core functionalities including but not limited to Customize Theme for applying emoji-based and decorative battery styles, Customize Status Bar for personalizing the appearance of your device's status bar, Customize Notch for adjusting the visual display around your device's notch area, Customize WiFi and Customize Signal for personalizing network and signal strength icons, Customize Data for customizing the mobile data indicator, Customize Time for personalizing the clock display format and style, and Customize Percentage for customizing how your battery percentage is displayed. We reserve the right to modify, update, or discontinue certain features of the Services at our sole discretion.
3. Subscriptions and In-App Purchases
- Available Purchases: The App may offer optional subscriptions and one-time in-app purchases ("Purchases") that unlock premium features. The price, duration, and content of each Purchase are disclosed to you within the App, through the Google Play Store, before you confirm payment.
- Billing and Auto-Renewal: All Purchases are billed through Google Play Billing. Subscriptions automatically renew for the same duration and at the then-current price unless you cancel at least 24 hours before the end of the current billing period. Your Google Play account will be charged for renewal within 24 hours prior to the end of the current period.
- Free Trials: If a subscription is offered with a free trial, any unused portion of the trial period is forfeited once you purchase a subscription, and your payment method will be charged automatically at the end of the trial unless you cancel before it ends.
- Cancellation: You may cancel a subscription at any time through your Google Play account settings. Cancellation takes effect at the end of the current billing period; we do not provide prorated refunds for the unused portion of a billing period.
- Refunds: Refunds, where available, are handled directly by Google Play in accordance with its own refund policy. We do not directly process refunds for Purchases made through the Google Play Store.
- Price Changes: We may change the price of a subscription from time to time. Any price change will apply to you no earlier than your next renewal after we provide notice of the change, as required by applicable law and Google Play policy.
4. Customization Preferences and Licensed Assets
The Services allow you to select and apply customization options such as themes, emoji styles, icons, and display settings from the options provided within the App ("Customization Preferences"). The App does not access, collect, or process any photos, videos, or other personal media files stored on your device.
- Ownership: All themes, emoji designs, icons, and other visual assets made available within the App remain the exclusive property of NUCLEAR MAN or our third-party licensors. Nothing in these Terms transfers ownership of any such asset to you.
- Limited License to You: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the themes and visual assets provided within the App solely for your personal, non-commercial use on your own device, for as long as you use the Services.
- Your Preferences: Your Customization Preferences (i.e., which theme, icon, or display option you select) are stored locally on your device, solely for the purpose of applying and maintaining your selected display settings within the App.
- Restrictions: You may not copy, redistribute, sublicense, sell, or extract any theme, emoji design, icon, or visual asset from the App for use outside the Services.
5. License to Use the App
5.1 Grant of License: Subject to your strict compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use the App for your personal, non-commercial purposes on a mobile device that you own or control.
5.2 License Restrictions: Under this license, you agree not to:
- Copy, modify, reverse-engineer, decompile, disassemble, or create derivative works based on the App.
- Rent, lease, sell, redistribute, or sublicense the App.
- Use the App for any commercial purpose without our express prior written consent.
- Circumvent any technological measure implemented to protect the App or its content.
6. Acceptable Use and Prohibited Conduct
Your permission to use the Services is contingent on your agreement not to use them for any purpose that is unlawful or prohibited by this Agreement. You explicitly agree not to:
- Use the Services to store, display, or share any content that is illegal, fraudulent, defamatory, obscene, or otherwise offensive.
- Use the Services in any manner that infringes upon the intellectual property or other rights of any party.
- Use the Services to harass, abuse, or harm another person, or to create content that promotes discrimination, bigotry, racism, or hatred.
- Transmit any viruses, worms, or any items of a destructive nature.
- Attempt to gain unauthorized access to our systems or disrupt the integrity of the Services.
7. Intellectual Property
All rights, title, and interest in and to the Services, including the App's source code, design, graphics, features, and trademarks ("Our Intellectual Property"), are the exclusive property of NUCLEAR MAN and its licensors. This Agreement does not grant you any ownership rights to Our Intellectual Property.
8. Third-Party Links and Services
8.1 Advertisements: Our App is often provided free of charge and supported by advertisements. These ads are delivered by our third-party advertising partners and may link to third-party websites or services.
8.2 No Endorsement: We do not endorse and are not responsible for any third-party sites, information, or services. If you access a third-party service, you do so at your own risk.
9. Disclaimers and Limitation of Liability
9.1 "AS IS" Service: The App and all related Services are provided on an "as is" and "as available" basis, without any warranties of any kind, either express or implied. We do not warrant that the Services will be uninterrupted, secure, accurate, or error-free.
9.2 Limitation of Liability: To the fullest extent permitted by applicable law, in no event shall we, our affiliates, directors, or employees be liable for any indirect, special, incidental, consequential, or punitive damages arising from or in connection with your use of the App. Our total aggregate liability arising out of or in connection with the Services shall not exceed the greater of (a) the total amount you paid to us for the Services in the twelve months preceding the event giving rise to the claim, or (b) USD 100. Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.
9.3 Device Compatibility: The availability, appearance, and functionality of certain customization features (such as status bar, notch, or notification icon overlays) are strictly subject to the manufacturer, operating system version, and permission restrictions on your specific mobile device. We do not warrant that all customization features will be fully supported or displayed identically across all devices.
10. Indemnification
You agree to indemnify, defend, and hold harmless NUCLEAR MAN and its affiliates, officers, and employees from and against any and all claims, liabilities, damages, and costs (including reasonable attorney's fees) arising from or in any way connected with:
- Your access to or use of the Services;
- Your use of the Services in breach of Section 6 (Acceptable Use and Prohibited Conduct); or
- Your violation of this Agreement.
11. App Store Specific Terms
You acknowledge that this Agreement is between you and us only, and not with Google LLC ("Google"). We, not Google, are solely responsible for the App, its content, maintenance, support, and for addressing any claims related to it. The App is currently distributed exclusively through the Google Play Store; this section will be updated if the App becomes available through any other app store.
12. Governing Law and Dispute Resolution
12.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Vietnam, without regard to its conflict of law principles.
12.2 Jurisdiction: You agree that any legal suit, action, or proceeding arising out of or related to this Agreement shall be instituted exclusively in the courts of competent jurisdiction in Vietnam.
12.3 Class Action Waiver: By using the Services, you waive your right to participate in any class action lawsuit or class-wide arbitration, to the extent permitted by the law of your jurisdiction of residence.
12.4 Consumer Rights: Nothing in this Section 12 deprives you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of the country in which you are habitually resident. If you are a consumer resident in the European Economic Area or the United Kingdom, you may also bring proceedings in the courts of your country of residence.
13. Termination
We may, in our sole discretion, terminate or suspend your access to the Services at any time, without prior notice or liability, for any reason, including if you breach this Agreement. Upon termination, your right to use the Services will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive.
14. Force Majeure
We shall not be liable for any failure or delay in performance under this Agreement resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disaster, war, terrorism, riots, embargoes, acts of civil or military authority, fire, floods, accidents, network or infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
15. Changes to This Agreement
We reserve the right, at our sole discretion, to modify or replace this Agreement at any time. We will notify you of any changes by updating the "Last Updated" date. For any material changes, we will provide more prominent notice, such as through an in-app notification. Your continued use of the Services after such changes constitutes your acceptance of the new Agreement.
16. General Provisions
16.1 Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force.
16.2 Assignment: You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement without restriction.
16.3 Entire Agreement: This Agreement, together with the Privacy Policy, constitutes the entire and exclusive understanding and agreement between you and us regarding the Services.
17. Contact Information
If you have any questions, suggestions, or concerns regarding this Agreement, please contact us at: nuclear.backup.260126@outlook.com.