Terms of Use

1.Overview

These Terms of Use (hereinafter referred to as "Terms") constitute a legally binding agreement between you and ZOLA HOME PTE. LTD. (“FotoCube,” “we,” “us,” or “our”) regarding your access to and use of FotoCube devices, software, mobile applications, websites, and related online services (collectively, the “Services”).

By accessing or using our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

2.Changes to the Terms

We reserve the right to modify these Terms at any time. We also reserve the right to change, update, or upgrade the functionality, software, or firmware of our devices.

Should updates lead to changes in these Terms, the revised Terms will take effect immediately upon publication through our applications, software, or websites. Please review the latest Terms periodically. Your continued use of the Services following the posting of updated Terms constitutes your acceptance of those changes.

If you do not agree to the modified Terms, we may be unable to provide software updates or upgrades, and your access to certain smart features may be restricted or discontinued.

3.Permitted Use and Restrictions

3.1 Personal Non-Commercial Use

The Services are intended solely for personal, non-commercial use. Our Services are optimized for and restricted to countries and regions where your device is authorized for sale. If you access or use the Services outside these designated areas, the rights granted under these Terms will not apply, and certain features or content may be unavailable.

3.2 Authorized Interface Access

You agree to access the Services only through the interfaces provided by us. You are strictly prohibited from accessing or attempting to access the Services through automated tools, scripts, scrapers, or web crawlers.

3.3 Age Eligibility and Authority

You must be at least 16 years old or meet the minimum legal age required in your jurisdiction (“Minimum Age”) to enter into a binding legal contract. If you are under the Minimum Age, you may only use the Services with the explicit consent and under the supervision of your parent or legal guardian.

3.4 Requirements for Parents and Guardians

If you are a parent or legal guardian allowing a minor to use the Services, you hereby agree to:

• Supervise the minor’s use of the Services;
• Assume all legal and financial risks associated with the minor’s use of the Services, including communications, data transmission, and transactions;
• Ensure the minor fully complies with these Terms; and
• Take full legal responsibility for any liabilities arising from the minor’s use of the Services.

3.5 Prohibited Activities and Unauthorized Use

You agree not to engage in any of the following unauthorized activities:

• Unlawfully intruding into, overloading, or disrupting our networks, servers, or service infrastructure;
• Modifying, copying, publishing, renting, licensing, selling, transferring, redistributing, or creating derivative works based on any part of the Services without express written authorization;
• Decompiling, reverse engineering, disassembling, or attempting to extract source code or crack security components on any device or software, except as permitted by non-waivable mandatory law;
• Bypassing, removing, or tampering with technical protection measures, encryption codes, copyright notices, or passwords;
• Using the Services for any fraudulent, malicious, or unlawful purpose.

4.Intellectual Property Rights

All copyrights, trademarks, patents, trade secrets, designs, database rights, and other intellectual property rights in and to the Services, devices, and software are the exclusive property of ZOLA HOME PTE. LTD. and its licensors. Except as expressly granted in these Terms, no title or ownership right is transferred to you. You may not remove, alter, or obscure any proprietary notices or logos attached to or contained within our products or Services.

5.Software License

Subject to your compliance with these Terms, FotoCube grants you a limited, non-exclusive, non-transferable, non-sublicensable license to run the software and firmware solely on or in conjunction with authorized FotoCube devices. You acknowledge that the software is licensed to you, not sold.

6.Software Support and Security Commitments

7.Automatic Updates and Software Changes

We reserve the right to automatically deploy upgrades, updates, patches, bug fixes, or user interface modifications silently in the background without prior notice. These automatic updates are critical to maintaining device security, cross-device compatibility, and system stability. By using the Services, you explicitly consent to receiving these automatic updates.

8.Content Disclaimer and Service Limitations

We strive to deliver reliable and high-quality Services. However, to the maximum extent permitted by applicable law:

• The Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement;
• We do not guarantee that the Services will be uninterrupted, timely, error-free, secure, or free from computer viruses or vulnerabilities;
• You acknowledge that third-party content accessed through the Services is the sole responsibility of the content owner. FotoCube is not liable for offensive, inaccurate, or inappropriate third-party content.

9.Limitation of Liability

To the maximum extent permitted by law, ZOLA HOME PTE. LTD., its officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, punitive, or consequential damages, or for any loss of profits, revenue, data, goodwill, or business opportunities arising out of or related to your use of or inability to use the Services.

If you suffer damage or dissatisfaction due to the Services, your sole and exclusive remedy is to stop using the devices and Services.

Note: Nothing in these Terms excludes or limits any statutory consumer rights that cannot be waived or limited under applicable local laws.

10.Indemnification

You agree to defend, indemnify, and hold harmless ZOLA HOME PTE. LTD., its subsidiaries, officers, and employees from and against any claims, liabilities, damages, losses, costs, and legal fees arising out of or in connection with your breach of these Terms, your misuse of the Services, or your violation of any law or third-party rights.

11.Privacy and Data Protection

Your privacy is essential to us. Our processing of personal data is governed by our Privacy Policy, which explains how we collect, use, store, and protect your personal information. By using the Services, you acknowledge that you have read and understood our Privacy Policy.

12.Governing Law and Dispute Resolution

These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the People's Republic of China, without regard to its conflict of laws principles.

Any legal dispute arising from or related to these Terms shall be submitted to the Beijing Arbitration Commission / Beijing International Arbitration Center for arbitration in accordance with its applicable arbitration rules in effect at the time of application. The arbitral award shall be final and binding upon both parties.

13.General Terms

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the complete legal agreement between you and FotoCube regarding your use of the Services.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.
• Export Controls: You agree to comply with all applicable international and domestic export control regulations and trade restrictions.
• No Waiver: Our failure to enforce any right or provision under these Terms shall not constitute a waiver of such right or future enforcement.
• Non-Transferability: You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

14.Contact Us