Terms of Use

Acceptance

These Terms of Use (the “Terms”) are a binding agreement between you and Diwesta (“Diwesta”, “we”, “us”, “our”) covering your use of the FunCam mobile app, including all effects, filters, challenges and updates (the “App”). By downloading, installing or using the App, you agree to these Terms. If you do not agree, do not use the App and delete it from your device.

Licence and Restrictions

Diwesta grants you a limited, personal, non-exclusive, non-transferable, revocable licence to use the App on devices you own or control, for your own personal and non-commercial use. This is a licence, not a sale; all rights not expressly granted are reserved.

You must not:

• copy, modify, adapt or create derivative works of the App;
• reverse engineer, decompile or disassemble the App, or attempt to derive its source code, except where applicable law expressly permits this;
• rent, lease, sell, sublicense or distribute the App, or use it for any commercial purpose;
• circumvent or interfere with any security, subscription-verification or advertising feature, or access premium features without a valid subscription; or
• use the App in breach of any applicable law or of these Terms.

You are responsible for your device, your network costs, and for keeping your device secure.

Acceptable Use

You are responsible for the content you create with the App and for how you use it. You must not use the App to:

• record or photograph anyone without their consent where consent is required by law or by the circumstances, including anywhere a person has a reasonable expectation of privacy;
• harass, bully, intimidate, threaten, defame or humiliate any person;
• create content that is sexually explicit, or that sexualises or endangers a minor;
• create content that depicts or encourages violence, self-harm, or illegal activity; or
• infringe anyone’s intellectual property, privacy or publicity rights.

We may terminate your access immediately if we reasonably believe you have breached this section.

Your Content

Photos and videos you capture with the App are created and stored locally on your device. The App does not require an account or sign-in, and does not upload your photos or videos to Diwesta. We never see them.

You own your content and are solely responsible for backing it up. We are not responsible for any loss of it, including loss caused by device failure, deleting the App, or changing devices.

Subscriptions

What you get. A paid subscription (“Premium”) unlocks all premium features of the App and removes in-app advertising. Plans are offered weekly, monthly and yearly; some include a free trial of 3 or 7 days. Exact plans, trial lengths and prices in your currency are shown in the App before you confirm any purchase.

Billing. Payment is charged to your Apple ID or Google Play account on confirmation of purchase.

Auto-renewal. Subscriptions renew automatically. Your account is charged within 24 hours before the end of the current period unless you turn off auto-renewal at least 24 hours before that period ends. If you take a free trial, you will be charged when it ends unless you cancel at least 24 hours beforehand; buying a subscription during a trial forfeits the unused part of the trial.

Cancelling. Manage or cancel any time: on iOS, Settings → your name → Subscriptions; on Android, Google Play → Menu → Subscriptions. Deleting the App does not cancel a subscription. Cancellation takes effect at the end of the current period and you keep Premium until then.

Price changes apply only from your next billing period, after notice as required by the relevant app store.

Advertising

The free version is supported by advertising through Google AdMob. Ads may be personalised subject to the consent choices you make in the App and in your device settings; where the law requires consent, we ask for it and you may withdraw it at any time. A Premium subscription removes in-app ads.

We do not control third-party ad content and are not responsible for advertised products, services or websites. Any dealings with an advertiser are between you and that advertiser.

Privacy

Our Privacy Policy forms part of these Terms and explains what data we collect and why. The App uses Firebase and Google Analytics for Firebase (infrastructure, crash reporting, analytics), Google AdMob (advertising) and RevenueCat (subscription management), each of which processes data under its own privacy policy.

We handle personal data in accordance with Decree No. 13/2023/ND-CP of Vietnam and, for users in the EEA and UK, the GDPR. To exercise your rights, write to contact@diwesta.com.

Intellectual Property

The App and all its content, effects, filters, designs, software and underlying technology, and all intellectual property rights in them, belong to Diwesta. Nothing in these Terms transfers any of those rights to you. If you send us feedback or ideas, we may use them freely without compensation.

Updates and Availability

We may release updates, and may add, change, suspend or discontinue features at any time. Some updates may be required for the App to keep working. If we permanently discontinue a paid feature that is material to an active subscription, we will give reasonable prior notice; refunds remain subject to the Subscriptions section above.

We do not guarantee the App will be available uninterrupted or error-free.

Disclaimer, Liability and Indemnity

To the maximum extent permitted by law, the App is provided “as is” and “as available”, with all faults and without warranty of any kind, express, implied or statutory, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy and non-infringement. We do not warrant that the App will meet your requirements, operate without interruption, or be free of defects.

To the maximum extent permitted by law, Diwesta is not liable for any indirect, incidental, special or consequential damages, or for lost profits, lost data, lost photos or videos, personal injury, emotional distress, reputational harm or legal claims arising from content you create with the App, however caused and under any theory of liability.

If you obtained the App from the Apple App Store, nothing in these Terms limits or replaces any limitation of liability available to us under Apple’s Licensed Application End User License Agreement.

Your sole and exclusive remedy if you are dissatisfied with the App, or with any of these Terms, is to stop using the App and delete it from your device.

Time limit on claims. Any claim arising out of or relating to these Terms or the App must be brought within one (1) year after it arises. Claims brought after that period are permanently barred, except where mandatory law provides otherwise.

You will indemnify Diwesta against any claim, damage, loss, liability or cost (including reasonable legal fees) arising from your use or misuse of the App, from any recording or publication you make with it, from your breach of these Terms, or from your violation of any law or third-party right.

Nothing here excludes liability that cannot lawfully be excluded, including for death or personal injury caused by negligence or for fraud. Some jurisdictions do not allow certain exclusions, so parts of this section may not apply to you.

Termination

These Terms run from your first use of the App until terminated. You may end them by deleting the App — this does not cancel a subscription. We may suspend or terminate your licence immediately if you breach these Terms, if we suspect fraudulent or unlawful use, or if we discontinue the App. On termination you must stop using the App and delete all copies. The sections on acceptable use, your content, intellectual property, liability, and governing law survive termination. Termination for your breach does not entitle you to a refund.

Changes to These Terms

We may update these Terms. The current version is always at diwesta.com/funcam/terms. For material changes we will give reasonable notice in the App or on the store listing and update the date above. Continuing to use the App after changes take effect means you accept them; if you do not, stop using the App and cancel any subscription.

Governing Law and Disputes

These Terms and any dispute arising from them are governed by the laws of the Socialist Republic of Vietnam. We will first try to resolve any dispute informally — write to contact@diwesta.com. If it is unresolved after thirty days, it goes to the competent People’s Court of Vietnam.

If you use the App as a consumer, this does not deprive you of the protection of mandatory consumer law in your country of residence, or of any right you have to bring proceedings there.

General

These Terms and the Privacy Policy are the entire agreement between you and Diwesta about the App. If any provision is unenforceable, it is modified to the minimum extent needed or severed, and the rest stands. Our failure to enforce a provision is not a waiver. You may not transfer these Terms; we may, including if the App is sold or transferred to another developer. We are not liable for failures caused by events beyond our reasonable control. These Terms are drafted in English; in case of conflict with a translation, the English version prevails unless mandatory law says otherwise.

Apple App Store Users

1. These Terms are between you and Diwesta only, not Apple Inc. (“Apple”). Diwesta, not Apple, is responsible for the App and for any maintenance or support. Apple has no obligation to provide either.
2. Subscriptions are sold and billed by Apple; refunds are handled by Apple.
3. Diwesta, not Apple, is responsible for any claim relating to the App, including product liability, failure to meet a legal or regulatory requirement, claims under consumer protection or privacy law, and any claim that the App infringes a third party’s intellectual property rights.
4. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
5. You must comply with applicable third-party terms, including the Apple Media Services Terms and Conditions.

Google Play Users

1. These Terms are between you and Diwesta only, not Google LLC or its affiliates (“Google”). Diwesta is responsible for the App and for any maintenance, support or claims relating to it.
2. Your use is also subject to the Google Play Terms of Service.
3. Google has no obligation to provide maintenance or support, and is not liable for any claim relating to the App.
4. Purchases and refunds are handled by Google under the Google Play refund policy.