Terms of Use

1. Agreement

These Terms of Use (the “Terms”) are a legal agreement between you and Firefly Team (“we”, “us”) governing your use of our mobile applications for iOS and Android that link to these Terms (each an “App”), including any subscription or purchase you make inside an App. These Terms are the end-user licence agreement (EULA) for each App.

By downloading or using an App you agree to these Terms. If you do not agree, do not use the App. If you are under the age required to form a binding contract where you live, you may use the App only with the consent of a parent or guardian, who accepts these Terms on your behalf.

The store you downloaded the App from (the Apple App Store or Google Play, each an “App Store”) is not a party to these Terms. We, not the App Store operator, are solely responsible for the App and its content. Sections 18 and 19 contain additional terms that apply depending on where you got the App, and they prevail if they conflict with the rest of these Terms.

2. Apps covered

These Terms currently apply to the Apps below. Each App’s Privacy Policy describes the information that App handles.

If we publish another App that links to these Terms, these Terms apply to it as well.

3. Licence to use the Apps

We grant you a limited, non-exclusive, non-transferable, revocable licence to download, install and use each App for your own personal or internal business purposes on devices that you own or control, in accordance with these Terms and with the usage rules of the App Store you got it from.

You may not, and may not permit anyone else to:

• copy, sell, rent, lease, sublicense or otherwise distribute an App;
• reverse engineer, decompile or disassemble an App, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law;
• modify, adapt or create derivative works of an App;
• remove, obscure or alter any proprietary notice, watermark or attribution an App applies, other than by purchasing an upgrade or using another option the App itself offers for that purpose;
• circumvent, disable or interfere with any purchase verification, licensing or security mechanism of an App or of an App Store.

4. Your content

“Your Content” means the photos, videos, music, text and other material you import into, create with, or export from an App.

You retain all rights to Your Content. We acquire no licence to it. Where an App processes Your Content on your device, we do not upload, store or view it; each App’s Privacy Policy explains exactly what it does.

You are solely responsible for Your Content, including for having the rights necessary to use any photo, video, music, face, logo, trademark or copyrighted work that appears in it, and for complying with the law where you publish or share it. Some Apps add information such as location, address, date and time to your photos (as visible overlays and in the file’s metadata); check what a file contains before you share it.

5. Acceptable use

You agree not to use an App to create, store or distribute material that:

• is unlawful, or infringes the intellectual property, privacy or publicity rights of anyone else;
• sexually exploits or endangers a minor;
• harasses, threatens, defames or impersonates a person, or depicts a real person in a false or misleading way likely to deceive or harm them;
• is fabricated and presented as a genuine record of an event, document, identity, location or time, for example a photo with an edited location or timestamp used to deceive someone.

Where processing is local to your device, we have no ability to monitor, review or remove Your Content. This section sets the limits of the licence you are granted; it is not a promise of moderation.

6. Downloadable content

Some Apps download decorative content, such as frames, sticker packs, filter presets and similar assets, from our content delivery network on demand. We grant you a licence to use that content within the images and videos you create with the App, including commercially. You may not extract, export or redistribute the assets as standalone files, include them in another app, template, asset pack or design product, or claim ownership of the assets themselves.

Downloadable content is offered as a convenience. Individual packs may be added, changed or withdrawn at any time, including for licensing reasons. Content already downloaded to your device remains usable, but we do not guarantee that any particular pack will remain available.

7. In-app purchases and subscriptions

Some Apps offer optional paid features (“Premium”) as an auto-renewing subscription and/or a one-time purchase. The purchase screen in the App shows what is included, the price, the billing period and any free trial before you confirm. Prices are set per country and per App Store, and may differ between iOS and Android.

7.1 Payment

Payment is charged to your Apple Account (iOS) or your Google Play account (Android) when you confirm the purchase.

7.2 Free trial

Where a free trial is offered, its length is stated on the purchase screen. Unless you cancel before the trial ends (on the Apple App Store, at least 24 hours before it ends), the trial converts automatically into a paid subscription at the price shown, and your account is charged. If you buy a subscription while a free trial is still running, any unused part of the trial may be forfeited. Free trials are limited to one per user, as determined by the App Store.

7.3 Automatic renewal and cancellation

Subscriptions renew automatically at the then-current price for your plan until you cancel.

• iOSThe subscription renews unless auto-renew is turned off at least 24 hours before the end of the current period; your account is charged for renewal within 24 hours before the end of the current period. Manage or cancel in Settings › [your name] › Subscriptions (see Apple’s instructions).
• AndroidThe subscription renews at the start of each new period unless you cancel before the renewal date. Manage or cancel in the Google Play app › profile picture › Payments & subscriptions › Subscriptions (see Google’s instructions).

Cancelling stops the next renewal; you keep access until the end of the period you have already paid for, and cancelling does not by itself produce a refund. Deleting the App does not cancel a subscription.

7.4 One-time purchases

A one-time purchase grants the paid features of that App on the store account used to buy it and on the platform where you bought it, for as long as the App and the feature remain available and functional on your device. A purchase made on iOS does not carry over to Android, or the other way round, because each store handles its own purchases. It is not a promise that the App, its servers or its downloadable content will be operated indefinitely, and it does not cover a different App.

7.5 Restoring purchases

Purchases are tied to the Apple Account or Google account that made them. If you reinstall the App or use a new device, sign in with the same store account and open the App; on iOS, tap Restore Purchases on the purchase screen. We do not operate user accounts and cannot transfer a purchase between store accounts or between platforms.

7.6 Changes to Premium and prices

The set of paid features may change as an App evolves. We will not remove a benefit that was the principal reason for an active purchase without offering you a reasonable remedy. We may change subscription prices for future periods; where the law or the App Store’s rules require it, the App Store will notify you and, depending on the size of the change and your region, ask for your consent before the new price applies. If you do not agree, you can cancel before the next renewal.

8. Payments and refunds

All purchases in the Apps are processed by the App Store you got the App from. We never receive or see your payment card details.

• iOSRefunds are handled by Apple. You can request one at reportaproblem.apple.com. We cannot issue, expedite or reverse a refund for an App Store purchase.
• AndroidRefunds are handled under Google Play’s refund policies. If Google Play directs you to the developer, contact us at the address in Section 23 with your order number and we will review your request in line with Google Play’s policies and applicable law.

Nothing in this section limits any statutory right of withdrawal or cancellation you may have under consumer law where you live.

9. Advertising

The free versions of the Apps display advertising from Google AdMob and its mediation partners. We are not responsible for the content of third-party ads or for the products and services they promote. How advertising data is handled, and the choices you have, are described in each App’s Privacy Policy.

10. Location, maps and other information

Some Apps show your location, addresses, maps, weather, dates and times. This information comes from your device and from third-party services and may be inaccurate, incomplete or out of date. It is provided for convenience only: do not rely on it for navigation, safety-critical decisions or as legal proof of where or when a photo was taken. Map data, addresses and other third-party content belong to their respective providers.

11. Availability and changes to the Apps

We may add, change, suspend or discontinue features, content or an App itself at any time, and features may differ between the iOS and Android versions. Some features depend on your device, your operating system version, network availability and third-party services, and we do not guarantee that any feature will work uninterrupted or error-free.

12. Maintenance and support

We are solely responsible for providing any maintenance and support for the Apps, as specified in these Terms or as required by applicable law. Neither Apple nor Google has any obligation to provide maintenance or support for the Apps. You can reach us on our support page or at the address in Section 23.

13. Disclaimer of warranties

To the maximum extent permitted by applicable law, the Apps are provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, accuracy or non-infringement.

Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you. For Apps obtained from the Apple App Store, see also Section 18(c).

14. Limitation of liability

To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, or for the loss or corruption of photos, videos or other content, arising out of or in connection with your use of an App.

The Apps save results to your device; they are not a backup service. You are responsible for keeping your own backups of anything you value.

Where liability cannot be excluded, our total aggregate liability arising out of or relating to an App is limited to the greater of (a) the amount you paid for that App and its in-app purchases in the twelve months before the event giving rise to the claim, or (b) USD 50.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.

15. Product and intellectual property claims

We, not Apple or Google, are responsible for addressing any claims by you or any third party relating to an App or your possession and use of it, 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 framework that processes data on your device.

In the event of any third-party claim that an App or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of that claim.

16. Intellectual property

The Apps, their names, logos, interfaces, code and the assets we supply are owned by us or our licensors and are protected by intellectual property law. Except for the licences expressly granted in Section 3 and Section 6, no rights are transferred to you.

17. Legal compliance and export

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. You must also comply with any applicable third-party terms of agreement when using an App, including the terms of the App Store you got it from and of the services the App relies on.

18. Additional terms for Apps obtained from the Apple App Store

If you downloaded an App from the Apple App Store, the following terms also apply:

1. Acknowledgement. These Terms are concluded between you and Firefly Team only, and not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for the App and its content.
2. Scope of licence. Your licence to use the App is limited to use on any Apple-branded products that you own or control and as permitted by the Usage Rules set out 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 where Apple’s rules allow it.
3. Warranty. 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 of the App to you (if any). 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 our sole responsibility.
4. Maintenance and support. We are solely responsible for providing maintenance and support for the App. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
5. Product claims. We, not Apple, are responsible for addressing any claims relating to the App, as set out in Section 15.
6. Intellectual property claims. We, not Apple, are solely responsible for the investigation, defence, settlement and discharge of any third-party intellectual property claim, as set out in Section 15.
7. Legal compliance. You make the representations in Section 17.
8. Developer contact. Questions, complaints or claims about the App should be directed to us at the address in Section 23.
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the App.
10. Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and 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.

19. Additional terms for Apps obtained from Google Play

If you downloaded an App from Google Play, the following terms also apply:

1. Your use of Google Play, and any purchase you make through Google Play Billing, is also subject to the Google Play Terms of Service. If those terms conflict with these Terms in relation to your purchase or use of Google Play, the Google Play Terms of Service prevail.
2. Google LLC and its affiliates are not parties to these Terms and are not responsible for the App, its content, its maintenance or support, or any claims relating to it.
3. Subscriptions, free trials, cancellations and refunds for Google Play purchases are handled as described in Section 7 and Section 8.

20. Termination

These Terms apply until terminated. They terminate automatically if you breach them, and you may end them for an App at any time by deleting the App and ceasing to use it. Termination does not entitle you to a refund of amounts already paid, and does not affect Section 14, Section 15, Section 16 or Section 22, which survive.

21. Changes to these Terms

We may update these Terms as the Apps evolve. The “Last updated” date at the top will change, and material changes will be announced in the App or in the store release notes. Continuing to use an App after an update means you accept the revised Terms. If you do not accept them, stop using the App and cancel any subscription.

22. Governing law

These Terms are governed by the laws of Vietnam, without regard to its conflict-of-laws rules, and the courts of Vietnam have jurisdiction over any dispute. If you are a consumer resident in the European Economic Area, the United Kingdom or another jurisdiction whose law grants you mandatory protections, nothing here deprives you of those protections or of the right to bring proceedings in the courts of your place of residence.

If any provision of these Terms is found unenforceable, the remainder stays in force. The English version of these Terms is the binding version.

23. Contact

Questions, complaints or claims about an App, these Terms or a purchase should be directed to the developer: