Terms and Conditions of Use - Pastel Crafter

THIS IS A TERM AND CONDITION OF USE BETWEEN YOU AND i-APP CREATION CO.,LTD. (“iAppCreation”) STATING THE TERMS THAT GOVERN YOUR PARTICIPATION AS AN CRAFTER. PLEASE READ THIS PASTEL CRAFTER TERM AND CONDITION OF USE (“TERM and CONDITION OF USE”) BEFORE PRESSING THE “NEXT” BUTTON AND CHECKING THE BOX AT THE BOTTOM OF THIS PAGE. BY PRESSING “NEXT” YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS TERM AND CONDITION OF USE. IF YOU DO NOT AGREE TO THE TERMS OF THIS TERM AND CONDITION, LEAVE THIS PAGE.

The Pastel Crafter Terms and Conditions of Use

The Pastel Crafter Terms and Conditions of Use (the “Terms and Conditions”) set forth the terms between iAppCreation Co., Ltd. (iAppCreation) and users (“Crafter” or “Crafters”) of any services or features of the Pastel Keyboard or iAppCreation or provided by iAppCreation (the “Service”).

1. Definitions
The following words and terms shall have the meanings set forth below when they are used in the Terms and Conditions.
1.1. “Materials” means images, text and any other materials used to produce Contents.
1.2. “Contents” means digital content, such as keyboard themes or stickers, which may be used in internet communication services operated by iAppCreation under the brand name “Pastel Keyboard” and its related services collectively, using Materials and Programs.
1.3. “Programs” means application software, computer programs, code, template materials, and any other materials and information provided by iAppCreation to Crafters under the Terms and Conditions.
1.4. “Separate Terms and Conditions” means any documents pertaining to the Service and provided or uploaded by iAppCreation, such as “agreements”, “guidelines”, and “policies”.
1.5. “Pastel Keyboard” is a brand and software platform own by iAppCreation.

2. Consent to the Terms and Conditions
2.1. Crafters may use the Service only in accordance with the provisions of the Terms and Conditions. Crafters may not use the Service unless they validly and irrevocably consent to the Terms and Conditions.
2.2. By consenting to the Terms and Conditions, each Crafter represents and warrants that the Crafter is of the legal age of majority in the jurisdiction in which the Crafter resides. Notwithstanding the foregoing, if the Crafter is the parent or legal guardian of minor between the ages of 13 and the legal age of majority, the Crafter may allow the minor to use the Crafter’s account for the Service solely under such Crafter’s supervision and only in accordance with the Terms and Conditions. In such case, the Crafter is liable for any acts committed by the minor. If a Crafter uses the Service on behalf of, or for the purposes of, a business enterprise, then that business enterprise shall also be deemed to have consented to the Terms and Conditions, thereby concluding a valid and irrevocable agreement between iAppCreation and the business enterprise.
2.3. By actually using the Service, Crafters are deemed to have validly and irrevocably consented to the Terms and Conditions.
2.4. If there are Separate Terms and Conditions for the Service, Crafters shall also comply with the provisions of the Separate Terms and Conditions as well as the Terms and Conditions.

3. Modification of the Terms and Conditions
iAppCreation may modify the Terms and Conditions or Separate Terms and Conditions at any time deemed necessary by iAppCreation and without providing prior notice to Crafters. The modified Terms and Conditions or Separate Terms and Conditions become effective upon their posting on an appropriate location within the website operated by iAppCreation. By continuing to use the Service after a change to the Terms and Conditions or Separate Terms and Conditions, Crafters are deemed to have validly and irrevocably consented to the modified Terms and Conditions or Separate Terms and Conditions. Notifications regarding the modification to Terms and Conditions may not be provided individually to Crafters. Crafters are encouraged to refer to the current version of the Terms and Conditions on a regular basis when using the Service.

4. Account
4.1. When Crafters provide information about the Crafter to iAppCreation when using the Service, such information shall be true, accurate, complete, and kept up-to-date. Crafters are required to register their name (in the case where the Crafter is a business enterprise, the name of the business enterprise, name of legal representative of the business enterprise, and name of account manager), address, phone numbers, e-mail address and information necessary to process payments.
4.2. If a Crafter register a password for using the Service, the Crafter shall, on its own responsibility, manage the password with due care to prevent any unauthorized use. Any act conducted by using a registered password shall be considered the act of the account’s Crafter.
4.3. Crafters who have registered for the Service may request for deletion of their accounts and withdraw from using the Service at any time.
4.4. iAppCreation may reject the registration for Crafter’s account, suspend or delete a Crafter’s account, and/or terminate the agreement entered into between the Crafter and iAppCreation regarding the Service without giving prior notice to the Crafter, if iAppCreation believes that the Crafter (in the case where the Crafter is a business enterprise, its representatives, officers, employees, persons who substantially have the power to direct its management, agents or brokers) is or is likely to be one of the following:
1) a terrorist organization, criminal organization or any other organization similar or analogous thereto, or a person or organization that makes a demand accompanied by the use or threat of force or arms, or that engages in any illegal or unjust acts similar or analogous thereto (hereinafter referred to as “Anti-Social Forces”), a member of or a quasi-member of an Anti-social Force, related or associated with an Anti-social Force, or a person or company that has a close relationship or association (including, but not limited to, the provision of funds or any other benefits) with any of the foregoing;
2) any person or company that has harmed, or there is a possibility that such person or company may harm, the reputation of iAppCreation;
3) any person or company that has violated, or there is the possibility of a violation of, the Terms and Conditions, Separate Terms and Conditions, and any applicable laws and regulations;
4) any person or company that iAppCreation determines to have credit uncertainty, such as being unable to pay its debts as they become due, enters liquidation, bankruptcy, reorganization, or dissolution proceedings, or its creditors taking over its management;
5) any person or company that has not used the Service for a certain period of time, or has been determined by iAppCreation, under reasonable criterion, to make no use of the Service in the future;
6) in addition to all (1) through (5) above, any person or company that iAppCreation, under reasonable criterion, determines as inappropriate to execute the Service, including, but not limited to, mutual trust being lost between the Crafter and iAppCreation. iAppCreation shall not be liable for any damages incurred by Crafters in relation to iAppCreation’s action under this article.
4.5. A Crafter’s rights to the Service expire when the Crafter’s account has been deleted irrespective of the reason. Crafters should be aware that such an account cannot be reactivated even if the account was accidentally deleted by the Crafter.
4.6. Each account for the Service belongs solely to the account’s Crafter. Unless otherwise set forth herein, Crafters shall not transfer (including by inheritance) or lend their accounts to any third party.

5. Privacy
5.1. iAppCreation places its highest priority on the privacy of Crafters.
5.2. iAppCreation uses the personal information obtained from Crafters through the Service only for identification, contact, examination, payment, prevention of improper use, promotion of smooth use of the Service, improvement of the Service, creation of statistical data, and administrative work necessary for the Service. In addition, iAppCreation may provide the personal information obtained from Crafters through the Service to the third party, provided that (1) iAppCreation believes the Crafters have harmed, or there is a possibility that Crafters may harm, the reputation of iAppCreation, or (2) iAppCreation believes that Crafters have violated, or there is the possibility of a violation of, the Terms and Conditions, Separate Terms and Conditions, and any applicable laws and regulations, based on the claims from such third party. iAppCreation follows the provisions of the iAppCreation Privacy Policy regarding the handling of personal information.
5.3. iAppCreation exercises its utmost care and attention regarding security measures for the secure management of information received from Crafters.

6. Provision of the Service
6.1. Crafters shall, on their own responsibility and expense, prepare personal computers, mobile phone devices, communication devices, operating systems, data connections, and electricity necessary for their use of the Service.
6.2. iAppCreation reserves the right to limit a Crafter’s access to the Service, or part thereof, based on age, the status of identification and the registered information of the Crafter, and any other conditions deemed necessary by iAppCreation.
6.3. iAppCreation reserves the right to modify or cease, at its own discretion, the Service and related services in their entirety or partially, at any time without any prior notice to the Crafters.

7. Services of Business Partners
The Service may include content or services provided by other business partners cooperating with iAppCreation. In such case, the business partner providing such content or services bears all responsibility thereof. Use of such content or services may be subject to the terms and conditions or other regulations set forth by the business partners.

8 Production and Use of Contents
8.1. Crafters may produce the Contents using the Materials and the Programs and submit the Contents to iAppCreation by the method designated by iAppCreation for the review conducted by iAppCreation for the distribution of the Contents. iAppCreation grants to Crafters a non-transferable, non-sublicensable and non-exclusive license to use the Programs for the sole purpose of producing the Contents within the Service. Except for the rights expressly granted to Crafters herein, all rights in or relating to the Programs are the proprietary property of iAppCreation or a third party who has granted the use rights to use to iAppCreation.
8.2. iAppCreation will review the Contents provided by a Crafter pursuant to Clause 8.1 above in accordance with the guidelines separately set forth by iAppCreation and notify the review result to the Crafter. If iAppCreation determines in the review that the Contents are appropriate, iAppCreation may distribute the Contents on a fee basis (including exchanges with virtual currencies issued by iAppCreation) within the services operated by iAppCreation under the name of “Pastel Store”, and provide the Contents to users of iAppCreation Services.
8.3 iAppCreation may distribute the Contents from the date and within the territory selected by the Crafter. For avoidance of doubt, iAppCreation, at the time of distribution, may exclude certain country or region from the territory at the discretion of iAppCreation. iAppCreation will suspend or terminate the distribution upon Crafter’s request made in a manner designated by iAppCreation. iAppCreation may partially or in whole restrict, suspend, or terminate the distribution of the Contents without the prior consent of Crafter, if iAppCreation determines that the Contents or the distribution of the Contents are inappropriate or if iAppCreation determines that the display and/or motions of the Contents became inappropriate due to system or server’s conditions, such as OS and/or iAppCreation Services’ updates.
8.4. Crafters acknowledge that iAppCreation or Pastel Keyboard users who have received the Contents may continue the use thereof (including iAppCreation itself using the Contents to allow such use by iAppCreation or Pastel Keyboard users) after the termination of the distribution of the Contents or the contractual relationship between the Crafter and iAppCreation hereunder, .
8.5. Crafters acknowledge that iAppCreation and its business partners may use the Content and/or messages posted by iAppCreation users, with the consent of such users, during the term and after the termination of the contractual relationship between the Crafter and iAppCreation hereunder.
8.6. iAppCreation may use the Contents for advertising and promotion of services operated by iAppCreation or Pastel Keyboard without the prior consent of Crafters.
8.7. iAppCreation may, at its own discretion, for example, at time of OS and/or iAppCreation Services’ updates, modify the Contents for the purpose of optimizing the display and/or motions of the Contents within iAppCreation Services.
8.8 By actually using the Service, Crafters are deemed to have granted to iAppCreation and Pastel Keyboard the right to use the Materials and the Contents (including the rights to reproduce, translate, adapt, modify, and publicly transmit, as well as the right to sub-license these rights to a third party) to the extent set forth herein, and thereby iAppCreation shall be entitled to such rights. Crafters are deemed to have agreed not to exercise the moral rights of authors against the use of the Materials and the Contents by iAppCreation or third parties designated by iAppCreation to the extent set forth above.

9. Revenue Sharing
9.1. In accordance with the following provisions, iAppCreation will pay to Crafters the amount of revenue share (the “Revenue Share”) calculated in accordance following formula (a) for distribution of the Contents. The total revenue will include the Thai Baht or Thai Baht equivalents of virtual currencies exchanged for the Contents, and iAppCreation will use reasonable exchange rates for calculation of the Thai Baht equivalents. For avoidance of doubt, (1) any credit or refund allowed to users who have downloaded the Contents in accordance with the terms of use, policies or the like of the platforms such as Apple App Store and Google Play (including the Thai Baht or Thai Baht equivalents of virtual currencies exchanged for such Contents), (2) any revenue of the Contents (including the Thai Baht or Thai Baht equivalents of virtual currencies exchanged for such Contents) that are purchased or determined at the sole discretion of iAppCreation’s standard to be likely to be purchased through unlawful or inappropriate means, or (3) any Thai Baht or Thai Baht equivalents of virtual currencies exchanged for Contents that are purchased by virtual currencies that are obtained or determined at the sole discretion of iAppCreation’s standard to be likely to be obtained through unlawful or inappropriate means, are not included in the total revenue, until it has been reasonably confirmed by iAppCreation that such Contents are not purchased through or by using virtual currencies that are obtained through unlawful or inappropriate means. Furthermore, in case Crafters use the Service for multiple Contents, as to which formula applies is decided for each of the Contents, in which case, the total amount of revenue share for each Content is hereafter referred to as “Revenue Share.”

[Formula]
Pay to access/download themes: Revenue share = Total Sale(s) x Crafter Rate 35%
Theme Subscription Service : Revenue share = 35% Revenue per usage x Crafter’s theme usage(s)

9.2. When the balance of the Revenue Share exceeds 2,000 Thai Baht (Hereinafter referred to as the “Minimum Payment Amount”. iAppCreation will transfer to the Crafter the balance of the Revenue Share within approximately 60 days from the date on which iAppCreation display confirmation amount in Payment Page or Email. If Revenue Share is lower than minimum Payment Amount they will be included in the next transfer. iAppCreation, however, may pay the balance of the Revenue Share as of the end of every October on the last day of December of that year. No interest shall accrue on any payment of the Revenue Share made to Crafters.
9.3. Any fees associated with transfer of the Revenue Share shall be borne by the Crafter, and iAppCreation may deduct such fees from the transferring Revenue Share. Unless otherwise set forth in a particular provision, the Amount of Share shall be calculated in Thai Baht, and any foreign exchange fees associated with transfer of the Revenue Share shall be borne by the Crafter.
9.4. In the event that any distribution of the Contents is subject to any consumption tax or other value-added taxes (“VAT”) in accordance with applicable laws and regulations, iAppCreation may determine the distribution price for the Contents to be inclusive of such VAT. In such case, the Revenue Share shall be the total revenue from sales of the Contents notified as the confirmed amount, reduced by any applicable VAT, and multiplied by the rate in Clause 9.1 above.
9.5. In the event that any payment of the Revenue Share to Crafters is subject to any VAT in accordance with applicable laws and regulations, iAppCreation will pay such VAT to Crafters.
9.6. In the event that any payment of the Revenue Share is subject to any withholding tax or other similar taxes (the “Withholding Tax”) in accordance with applicable laws and regulations, iAppCreation will deduct such Withholding Tax from the Revenue Share to be paid. If iAppCreation receives valid documents for reduction or exemption of the Withholding Tax from a Crafter, iAppCreation will take necessary procedures to apply such reduction or exemption and begin to apply such reduction or exemption to the payments for the requests under Clause 9.2 which are made after iAppCreation has completed such procedures. Upon a request by a Crafter who resides outside Thailand (in the case where Crafter is a business enterprise, a Crafter which has its principal place of business outside Thailand), iAppCreation will provide to the Crafter a document evidencing the levy and payment of Withholding Tax in a manner designated by iAppCreation. Any fees associated with preparation and provision of the document shall be borne by the Crafter, and iAppCreation may deduct such fees from the balance of the Revenue Share in the account of the Crafter.
9.7. Crafters are deemed to have waived the right to receive the Revenue Share in the following cases:
1) The Crafter breaches the Terms and Conditions or Separate Terms and Conditions;
2) The Crafter’s account is deleted;
3) The Crafter does not designate how to receive the Revenue Share within one year after receiving a notice from iAppCreation directing the Crafter to do so;
4) The Crafter does not receive the Revenue Share within one year after receiving a notice from iAppCreation directing the Crafter to do so;
5) iAppCreation has been unable to contact the Crafter through the contact information registered by the Crafter for one year or more;
6) The total amount of the Revenue Share not yet received does not exceed the Minimum Payment Amount at termination of the Service by iAppCreation.

10. Restrictions
Crafters shall not engage in the following acts when using the Service.
10.1. Acts that violate the law, court judgments, resolutions or orders, or legally binding administrative measures.
10.2. Acts that may be detrimental to public order or customs.
10.3. Acts that infringe intellectual property rights, such as copyrights, trademarks and patents, fame, privacy, and any other rights of iAppCreation and/or a third party granted under law or contract.
10.4. Acts that involve violent or sexual expressions; expressions that lead to discrimination by race, national origin, creed, sex, social status, family origin, etc.; expressions that induce or encourage suicide, self-injury behavior, or drug abuse; or anti-social expressions that include anti-social content and lead to the discomfort of others.
10.5. Acts that lead to the misrepresentation of iAppCreation and/or a third party, or intentionally spread false information.
10.6. Acts that exchange the right to use the Contents into cash, property or other economic benefits without authorization by iAppCreation.
10.7. Acts that use the Service for sales, marketing, advertising, soliciting or any other commercial purposes (except for those approved by iAppCreation); use the Service for the purpose of sexual conduct or obscene acts; use the Service for the purpose of meeting a person for sexual encounters; use the Service for the purpose of harassments or libelous attacks; or use the Service for purposes other than the purposes intended by iAppCreation.
10.8. Acts that benefit or collaborate with anti-social groups.
10.9. Acts that are related to religious activities or invitations to religious groups.
10.10. Acts that illegally or improperly lead to the collection, disclosure, or provision of personal information, registered information, user history, etc. of another person.
10.11. Acts that interfere with the servers and/or network systems of the Service; that abuse the Service by means of BOTs, cheat tools, or other technical measures; that deliberately use defects of the Service; that make unreasonable inquires and/or claims such as repeatedly asking the same question beyond the necessity; or that interfere with iAppCreation’s operation of the Service or Crafters’ use of the Service.
10.12. Acts attempted to illegally or improperly manipulate ranking of the Contents, within and outside the Services.
10.13 Acts that aid or encourage any act described in Clauses 10.1 to10.11 above.
10.14 You agree not to exploit the Site, or any Services or Content provided to you by iAppCreation as an Crafter, in any unauthorized way, including but not limited to, by trespass, burdening network capacity or using the Services, Site or Content other than for authorized purposes. Copyright and other intellectual property laws protect the Site and Content provided to you, and you agree to abide by and maintain all notices, license information, and restrictions contained therein. Unless expressly permitted herein or otherwise permitted in a separate agreement with iAppCreation, you may not modify, publish, network, rent, lease, loan, transmit, sell, participate in the transfer or sale of, reproduce, create derivative works based on, redistribute, perform, display, or in any way exploit any of the Site, Content or Services. You may not decompile, reverse engineer, disassemble, or attempt to derive the source code of any software or security components of the Services, Site, or Content Use of the Site, Content or Services to violate, tamper with, or circumvent the security of any computer network, software, passwords, encryption codes, technological protection measures, or to otherwise engage in any kind of illegal activity, or to enable others to do so, is expressly prohibited. iAppCreation retains ownership of all its rights in the Site, Content and Services, and except as expressly set forth herein, no other rights or licenses are granted or to be implied under any iAppCreation intellectual property.
10.15. Other acts that are deemed by iAppCreation to be inappropriate.

11. Responsibilities of Crafters
11.1. Crafters shall use the Service on their own responsibility and at their expense and remain responsible for any acts and results thereof associated with their use of the Service, including, but not limited to, corresponding to any third party claims, demands, and/or lawsuits or the like at their own expense and responsibility. iAppCreation’s review, approval or selection of the Contents will not relieve the Crafters of any of responsibilities hereunder.
11.2. iAppCreation may take measures that it considers necessary and appropriate, if iAppCreation believes that a Crafter is using the service in a way which violates the Terms and Conditions. However, iAppCreation shall not be responsible for correcting or preventing such violation.
11.3. In the case where iAppCreation has suffered any loss or damage or has been charged an expense (including but not limited to lawyer’s fees) directly or indirectly (including but not limited to cases where iAppCreation has been sued for damages by a third party) due to a Crafter’s use of the Service, the Crafter shall immediately compensate iAppCreation in accordance with iAppCreation request.

12. Limitation of Liability
12.1. iAppCreation does not expressly or impliedly guarantee that the Service (including the Program) are free from any de facto or de jure defects (including but not limited to stability, reliability, accuracy, integrity, effectiveness, fitness for particular purposes, security-related faults, errors, bugs, or infringements of rights). iAppCreation shall not be responsible for providing the Service to Crafters without such defects.
12.2. iAppCreation shall not be liable for any damages incurred by Crafters in relation to the use of the Service, including, but not limited to, any measures taken by iAppCreation in accordance with Terms and Conditions and Specific Terms and Conditions.
12.3. iAppCreation shall not be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to such damages that iAppCreation or Crafters predicted or could have predicted) with respect to iAppCreation’s negligence (except for gross negligence), whether in contract, or tort or otherwise. The compensation for ordinary damages caused by iAppCreation’s negligence (except for gross negligence) , whether in contract, or tort or otherwise, shall be limited to the total amount of iAppCreation’s revenue share received through the distribution of the Contents in the particular calendar month in which such damages occurred.

13. Notification and Contact
13.1. When notifying or contacting Crafters regarding the Service, iAppCreation may use a method that iAppCreation considers appropriate, including posting on the website operated by iAppCreation.
13.2. To contact iAppCreation regarding the Service, Crafters shall send an email or other means designated by iAppCreation.