YouCam B2C Terms of Service:
Last update: January 2024. This YouCam B2C Terms of Service replaces and supersedes all prior versions.

Perfect Corp. ("Perfect," "we" or "us") provides services related to AR and AI technology, which offers you with virtual try-on, photo/video editing, generative AI, as well as online community features. These YouCam B2C Terms of Service ("YouCam Terms" or "Terms of Service"), which will be updated from time to time, govern your use of the following mobile apps and services: YouCam Perfect, YouCam Makeup, YouCam AI Pro, YouCam Enhance, YouCam Video, YouCam Nails, YouCam Fun, YouCam Cut , YouCam Community, YouCam Online Editor (collectively known as the "Service(s)"). All references to "you" or "your," as applicable, mean the person who has access to the Services in any manner.

1. Description of Service

1.1 Unless explicitly stated otherwise, any use of the Service shall be subject to these YouCam Terms. You understand and agree that the Service are provided AS-IS, WITH ALL FAULTS and that, to the fullest extent permitted by Law, we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user information, contents, communications or personalization settings.

1.2 We may modify the Services from time to time as we expand our scope of services, and these YouCam Terms will govern those updates or new features on the Services when added. You may be accessing our Services from a smart mobile device or a computer, and these YouCam Terms will govern your use of our Services and your conduct, regardless of the means of access to the Service.

1.3 YOU UNDERSTAND THAT BY USING THIS SERVICE, REGISTERING AN ACCOUNT, OR CONTINUING TO USE THE SERVICE, INCLUDING ALL COMMUNICATIONS, SUBMITTING/SUBSCRIBING CONTENT, INFORMATION, PRODUCTS OR SERVICES AVAILABLE THEREIN, YOU AGREE TO OUR PRIVACY POLICY AND THAT YOU HAVE READ IT AND AGREED, AND WOULD LIKE TO PROCEED. YOU MAY UN-CHECK IT IF YOU DO NOT AGREE.

2. Account Registration and Eligibility

2.1 You may use our Services with or without an account. However, certain features may require you to establish an account and/or to register for the Services ("Account").

2.2 General age limitation. Our Services are not intended for or directed at children. You must be at least of legal age in your country. If you are not of legal age, you may not access or use the Services. If you are under 13, you may use this Services only with involvement of a parent or guardian. Perfect and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content in their sole discretion.

2.3 Account maintenance. It is your responsibility to create a strong password; keep the password confidential and change the password if you believe it has been revealed to a third party. You are solely responsible for safeguarding and maintaining the confidentiality of your username, password and corresponding Account information. You agree that you are entirely and solely responsible for any and all activities or actions that occur under your Account, whether or not you have authorized such activities or actions. You agree to notify Perfect immediately of any unauthorized use of your Account or any other breach of security or at most within (24) twenty-four hours of such use being known to you. In the event that your username or password is lost or stolen, please notify Perfect immediately so that a new username or password can be created.

2.4 Opt-out right. You will be given an option on whether you want to receive promotional email, from us. You can also opt out from receiving interest-based advertising from us by making the necessary settings/adjustment on our opt-out page.

2.5 Inactive account deletion. To maintain security, limit data retention, and protect the privacy of our users, your Account and content associated with the same account will be deleted from our server after two (2) years of inactivity. Inactivity means you last login date is more than two (2) years.

2.6 Account suspension/termination. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of Services (or any portion thereof). Although Perfect will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of Perfect or others due to such unauthorized use.

3. Content

Certain types of content are made available through the Service:

3.1 "Perfect Content" as used in these YouCam Terms means, collectively, the text, data, graphics, images, photos, video files, and other content and information made available through the Services, excluding User Submissions.

3.2 "ShutterStock Content" as used in these YouCam Terms means the content licensed from ShutterStock and accessible via our Service. Refer to Section 5.1 for more details with respect to ShutterStock Content.

3.3 "User Submissions" as used in these YouCam Terms means, collectively, the text, data, graphics, images, photos, audio, video and other content and information which users of Service share, send, post, upload and otherwise submit to Perfect through the Service, including without limitation in user created profile pages. Refer to Section 10.2 for more details with respect to your submissions. We do not claim any ownership of the content you submitted when using our Service. Please note that by submitting or posting your content on our Service which is accessible by other users of this Service, you consent to share such content and grant us a worldwide, royalty-free, non-exclusive, perpetual, unrestricted, irrevocable and sub licensable right and license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, display, re-use, and redistribute such Content in any form, format or media for all purposes including but not limited to commercial use and purposes.

3.4 PERFECT RESERVES THE RIGHT TO REMOVE AND PERMANENTLY DELETE ANY PERFECT CONTENT OR USER SUBMISSIONS FROM THE SERVICE.

4. Your Obligations in Using the Service

4.1 The Service may be used and accessed for lawful purposes only. You agree to abide by all applicable laws and regulations in connection with your use of the Service. In addition, without limitation, you agree that you will not do, directly or indirectly, any of the following while using or accessing the Service:

4.2 You acknowledge that we generally do not pre-screen any User Submissions you make except for certain functions, but that we shall have the right (but not the obligation) in our sole discretion, to remove any User Submissions and/or rescind or terminate your use of the Service.

4.3 You acknowledge and agree that we may preserve information and may also disclose information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the YouCam Terms; (iii) respond to claims that any information violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Perfect, its users, customers, suppliers, attendees and/or the public.

4.4 You understand that the technical processing and transmission of the Service and the User Submissions, including your personal information, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks, services or devices.

5. Supplemental Terms of Services For Use of Our Services

Certain features of our Services are further governed by one or more additional terms of services, conditions and/or licenses ("Supplemental Terms"). Any conflict between the YouCam Terms and the Supplemental Terms, the Supplemental Terms shall govern in relation to the feature of the Service.

5.1 Use of ShutterStock Content. Subject to your compliance with the following provisions, you are authorized to use ShutterStock Content through the Service, or any part thereof, solely as incorporated into digital products created by you using the Service.

5.2 Use of Template Sharing. Please carefully read the following terms before you upload the template:

5.3 Stable Diffusion License. For our Service incorporated with Stable Diffusion models, the following user restrictions apply (for more details of Stable Diffusion License terms, please see: https://huggingface.co/spaces/CompVis/stable-diffusion-license).

5.4 Use of Generative AI feature ("Generative AI"). Terms in this section apply to your use of Generative AI. By using Generative AI, you expressly consent to Perfect's collection and use of your biometric information as defined in our Privacy Policy.

5.5 Use of API feature ("API"). Terms in this section apply to your use of API. By using API, you expressly consent to Perfect's collection and use of your biometric information as defined in our Privacy Policy. It is expressly agreed between the parties that the integration of API will be carried out by you under your sole responsibility.

6. Purchase and Payment

6.1 When purchasing via our mobile app. Our mobile app acts as a gateway for you to purchase or subscribe online. Transactions that are initiated from our mobile app are actually completed on Apple App Store, Google Play, Microsoft Store or any other mobile application stores (collectively known as "Mobile App Stores"). In order to complete a purchase transaction, Mobile App Stores must collect personal information from you, including your credit card number. If you are interested in purchasing our Service through the Mobile App Stores, please review related terms of respective stores.

6.2 When purchasing via our website.

7. Subscription

We offer subscription plans to our Services based on a per account basis.

7.1 Free trial. We may offer our new user a free trial as part of a chosen subscription plan to experience our Service. You will not be charged on the applicable fee during your free trial. Upon or prior to the expiry of the free trial period, you may either cancel your subscription before the free trial ends, or you may continue using the Service at its normal price, and we will begin to charge you accordingly. YOU ARE ONLY PERMITTED ONE (1) FREE TRIAL. If your subscription is ever terminated for any reason, and you purchase another subscription, you shall not be eligible for a free trial on any subsequent subscriptions.

7.2 Credit-base service. For certain features of our Service, the features will be charged by the credits in your Account. The credits given by Perfect to you will last in your Account so long as you maintain the subscription plan, and the credits given by Perfect will stack up for 60 days. The credits given by Perfect may vary from the subscription plan you choose. Please note, the credits are used in a consumptive way. Therefore, if you have consumed the credits in exchange for certain services, the consumed credits cannot be restored in anyway.

7.3 Renewal. If you signed up for an auto-renewal of the subscription, you acknowledge that you are signing up to an auto-renewing subscription upon expiration of each cycle of your choice of subscription on your first use our Service, and you agree to pay the then-current applicable fee associated with the subscription of your choice.

7.4 Refund policy. In general, no refunds will be given for incorrect choice or change of mind unless at the sole discretion of Perfect. If you are entitled to a refund at law or Perfect elects to provide a refund, the payment will be processed according to the below terms:

7.5 Upgrade of your subscription. You can upgrade your subscription plan if your current plan is eligible. You'll need to follow the upgrade process and make the necessary upgrade charges. See examples below for an upgrade of plan.

8. Termination; Cancellation

8.1 We may change the Service, or any portion thereof, or delete features at any time and for any reason without notice. We, in our sole discretion and for our sole convenience, may immediately terminate or suspend your access to the Service and remove any material (including User Submissions) from the Service or our servers, in the event that you breach or threaten to breach these Terms of Service. Notwithstanding the foregoing, we also reserve the right to terminate the Service or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide the Service. Upon termination, all licenses and other rights granted to you by these Terms of Service will immediately cease. To the fullest extent permitted by Law, Perfect is not liable to you or any third party for termination of the Service or termination of your access to or use of the Service. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION AND CONTENT (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED IN CONNECTION WITH THE SERVICES OR THAT IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, once the Service is cancelled or suspended, any data you have stored in connection with the Service may not be retrieved later. Perfect will have no obligation to maintain any information stored in our database related to your Account or to forward any information to you or any third party.

8.2 Any suspension, termination or cancellation will not affect your obligations to Perfect under these Terms of Service (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

9. Third Party Services and Links

9.1 When you use the Service, you may have access to services provided by third-party service providers. For example, you may play YouTube video via our Apps. These third-party service providers have separate and independent privacy policies and/or terms of service shown below:

9.2 In addition, the Service may contain links to third party websites that are not owned or controlled by Perfect. Perfect has no control over, and you agree that Perfect assumes no responsibility for the availability of such external sites or resources, and does not endorse and is not responsible or liable for the content, advertising, products, privacy policies, or practices of any third party websites. In addition, Perfect will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Perfect from any and all liability arising from your use of any third-party website. You further acknowledge and agree that Perfect shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party site or resource.

10. Intellectual Property Rights and Ownership

10.1 Content. You may access and use the Service, Perfect Content and User Submissions for your own personal use. Perfect and its licensors own all rights, title and interest, including all worldwide intellectual property rights in the Service, Perfect Content and the trademarks, service marks and logos contained therein. Perfect reserves all rights not expressly granted in and to the Service and Perfect Content. You agree not to engage in the use, copying, distribution or modification of any of the Perfect Content other than as expressly permitted herein, including any use, copying, distribution or modification of User Submissions of third parties obtained through the Service for any commercial purposes.

10.2 User Submissions

11. Disclaimer of Warranties

11.1 YOUR USE OF THE SERVICES, PERFECT CONTENT AND USER SUBMISSIONS IS AT YOUR SOLE DISCRETION AND RISK. THE SERVICE, PERFECT CONTENT AND USER SUBMISSIONS, AND ALL MATERIALS, INFORMATION, CONTENT, PRODUCTS AND SERVICE INCLUDED THEREIN, ARE PROVIDED ON AN "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PERFECT, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE, PERFECT CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. PERFECT DISCLAIMS ANY WARRANTIES:

12. Indemnification

12.1 You agree to defend, indemnify and hold harmless Perfect (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Services therein; (b) your violation of any term of these Terms of Service; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party.

12.2 This indemnification obligation will survive the termination of these Terms of Service and your misuse of the Services herein.

13. Limitation of Liability

13.1 IN NO EVENT SHALL PERFECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY:

13.2 You agree to defend, indemnify, and hold Perfect, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’ fees and costs, arising out of or in any way connected with (i) your access to or use of the Service, Perfect Content and User Submissions; (ii) your violation of these Terms of Service; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing. This defense and indemnification obligation will survive these Terms of Service, your use of the Service, and any termination of your Account.

14. Special Admonitions for International Use

14.1 The Service is owned, controlled and offered by Perfect in Taiwan. We make no representations that the Service is appropriate or available for use in other locations.

14.2 Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

14.3 Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

15. Modification of the Terms of Service

15.1 Perfect reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Service, or modify these Terms of Service without notice. All modified Terms of Services will be effective immediately after they are posted on the Service (unless a longer notice period is required by applicable law).

15.2 If any modified Terms of Services are not acceptable to you, your sole remedy is to cease using Service, and if applicable, cancel your Account. By continuing to access or use Service after Perfect makes any such modification, you agree to be bound by the revised Terms of Service.

15.3 To the fullest extent permitted by law, you also agree that we shall not be liable to you or to any third party for or on account of any modification, suspension or discontinuance of Service.

16. Claim Must Be Filed Within One Year

16.1 Any claim related to this contract or these Terms of Service may not be brought by you unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed within that period, then that claim is permanently barred. This applies to you and your successors and assigns permitted.

17. Miscellaneous

17.1 These Terms of Service shall be governed by and interpreted in accordance with the laws of Taiwan without regard to conflict of law principles. You and Perfect hereby irrevocably consent that any legal action or proceeding arising under or in connection with these Terms of Service must be submit to the personal and exclusive jurisdiction of arbitration in Taipei, Taiwan for the purpose of arbitrating any dispute.

17.2 In the event that any provision in these Terms of Service is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

17.3 The failure of a party to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. Any waiver, to be effective, must be in writing signed by the waiving party (in the case of Perfect, by an authorized officer).

17.4 You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of Perfect and any prohibited assignment will be null and void. Perfect may assign these Terms of Service or any rights hereunder without your consent.

17.5 You agree that these Terms of Service and the rules, restrictions and policies contained herein, and Perfect's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and Perfect.

17.6 These Terms of Service together with constitute the entire agreement between Perfect and you with respect to the subject matter hereof.

17.7 Any notice or other communication to be given hereunder will be in writing and given (a) by Perfect via email (in each case to the address that you provide), (b) a notice on the Service, or (c) by you via email to contact appsupport@perfectcorp.com or to such other addresses as Perfect may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF SERVICE, YOU WAIVE THE RIGHT TO GO TO COURT OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.