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Gummi Terms of Use

Last Updated: January 27th, 2024

To receive a summary of our Terms of Use, go to Summary of Terms.

Welcome to Gummi! 

The terms (“we”, “us”, “Company” or “Gummi”) refer to the subsidiary NOVA UNIVERSE SOFTWARE LTD.

  1. Accept the Terms of Use Agreement.

By installing the Gummi application, whether through a mobile device, mobile application, or computer (collectively, the “Service”), you agree to be bound by (i) these Terms of Use, (ii) the Privacy Policy, Cookie Policy, Safety Recommendations, and Community Guidelines, each of which is incorporated by reference into this Agreement, and (iii) any terms you disclose and consent to if you purchase additional features, products, or services we offer on the Services (collectively, the “Agreement”). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Services.

We may make changes to this Agreement and the Services from time to time. We may do this for a variety of reasons, including to reflect changes or requirements in law, new features, or changes in business practices. The most current version of this Agreement will be posted on the Services section of Settings, and you should regularly check for the most recent version. The latest version is the applicable version. If the change includes changes that directly relate to your agreement to your rights or obligations, we will give you at least 30 days’ notice (unless we are unable to do so under applicable law) by reasonable means. These methods may include notifications through the Services. If you continue to use the Services after the changes become effective, you agree to the revised Agreement.

  1. Application conditions.

You are not authorized to access or use the Services or the systems that contain the Services unless all of the following are true:

  • You are 13 years old or older.
  • You are not a person prohibited from using the Services under the laws of Vietnam or any other applicable jurisdiction (for example, you do not appear on the list of Specially Designated Nationals of the Vietnam Ministry of Finance or subject to any other similar prohibition),
  • You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, and you have never been convicted of a felony or culpable offense or have been charged with (or committed an offense of equivalent seriousness), committed a sex offense, or any offense involving violence, and you are not registered as a criminal on any criminal record of any state, federal, or local sex offender records.
  1. Your Account.

To use Gummi, you can choose not to log in or log in in many ways, including logging in via Facebook. If you choose not to log in, you can use the service without any account creation steps. If you use your Facebook login feature, you authorize us to access and use certain information for that Facebook account, including but not limited to your public Facebook profile. To learn more about the information we collect from you and how we use it, please refer to our Privacy Policy.

  1. Modifications to the Services and Discontinuation of Use.

Gummi is always working to improve its Services and bring you additional functionality that you will find attractive and useful. This means we may add new product features or enhancements from time to time, as well as remove certain features. If these actions do not materially affect your rights or your obligations, we may not notify you before doing so. We may even suspend the Services altogether, in which case we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

Once your application is removed and discontinued, this Agreement will terminate, except that the following provisions will still apply to you and Gummi: Section 4, Section 5, and Sections 12 through 19.

  1. Safety during your use of the service.

Although Gummi strives to encourage your experience through features such as music selection, images, and captions, Gummi is not responsible for the image or conduct of any member on or off the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or transfer or deposit funds in the course of using the service.

  1. Rights Gummi Grants to You.

Gummi grants you a personal, worldwide, royalty-free, non-transferable, non-exclusive, revocable, and non-sublicensable license to access and use the Service . This license is intended solely to enable you to use and enjoy the benefits of the  Gummi Services intends and as permitted by this Agreement. This license and any rights to access the Services will be automatically revoked in the event you do any of the following:

  • Use the Services or any content contained in the Services for any commercial purposes without our express written consent.
  • Copy, modify, transmit, create any derivative, utilize, or reproduce in any way any documents, images, trademarks, trade names, trademarks, copyrighted Services, or other intellectual property, content, or proprietary information accessible through the Services without the prior written consent of Gummi.
  • Express or imply that any statements you make are endorsed by Gummi.
  • Use a robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method, or process to access, retrieve, index, “data mine” or use any method that reproduces or circumvents the navigational structure or presentation of the Service or its content.
  • Use the Services in any manner that could interfere with, damage or impair the Services or the servers or networks connected to the Services.
  • upload viruses or other harmful code or otherwise compromise the security of the Services.
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services.
  • “counterfeit” or “copy” any part of the Services without the prior written permission of Gummi.
  • use meta tags or code or other devices containing any reference to Gummi or the Services (or any trademark, trade name, service mark, logo, or slogan of Gummi) to redirect any person to any other website for any purpose.
  • modify, adapt, sublicense, translate, sell, reverse engineer, decompile, decompile or resell any portion of the service or otherwise solicit to others.
  • Use or develop any third party applications that interact with the services or content or information of other members without our written consent.
  • Use, access or publish the Gummi application installer without our written consent.
  • probe, scan or examine the Services or any of our systems or networks..
  • Any software we make available, you may automatically download and install upgrades, updates or other new features. You can adjust these automatic downloads through your device’s settings.
  1. Rights You Grant to Gummi.

By installing the application and providing basic information about age, gender, and preferences, you grant Gummi worldwide transferable, sublicensable, royalty-free rights and copyrights to organize, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute information that you give us permission to access from third parties such as Facebook, as well as any information you post, upload, display, or otherwise make available (collectively, “post”) on the Services or transmit to other members (collectively, “Content” ). Gummi’s copyright in your Content shall be exclusive, except that Gummi’s copyright shall be exclusive in derivative works created through use of the Services. For example, Gummi will own exclusive copyright to screenshots of the Service containing your Content. Additionally, so that Gummi may prevent use of your Content outside of the Services, you authorize Gummi to act on your behalf with respect to any infringing use of your Content by other members or third parties taken from Services. Our copyright in your Content will be subject to your rights under applicable law (for example, laws relating to the protection of personal data to the extent any Content contains personal information under definitions thereof) and for the limited purpose of operating, developing, providing, and improving the Services and researching and developing new content. You agree that any Content you place or that you authorize us to place on the Services may be viewed by other members and may be viewed by any person accessing or participating in the Services (e.g., individuals may receive shared Content from other Gummi members, for example).

You understand and agree that we may monitor or review any Content you post as part of the Services. We may remove any Content, in whole or in part, that in our sole discretion violates this Agreement or may harm the reputation of the Service.

When communicating with our customer service representatives, you agree to conduct yourself in a respectful and kind manner. If we feel that your conduct towards any of our customer service representatives or other employees is threatening, harassing or offensive, we reserve the right at any time to Terminate your account immediately.

  1. Community Rules.

By using the Services, you agree that you will not:

  • Use the Services for any purpose that is unlawful or prohibited by this Agreement.
  • Use the Services for any harmful or nefarious purpose
  • Use the Services to cause damage to Gummi
  • Violates our Community Guidelines, as updated from time to time.
  • Impersonate any person or entity or post any image of another person without their permission.
  • Create another account if we have terminated your account, unless you have our permission.

Gummi reserves the right to investigate and/or cancel your account without refund for any transaction if you violate this Agreement, misuse the Services, or behave in a manner that Gummi considers unlawful, inappropriate or illegal, including actions or conversations that occur on or off the service.

  1. Content from Other Members.

Although Gummi reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member posting it and Gummi cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or through our contact form.

  1. Disclaimer

Gummi PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROVIDES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITH THE SERVICE (INCLUDING ALL CONTENT THEREIN), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE A SPECIFIC PURPOSE OR NON-INFRINGEMENT. Gummi DOES NOT COMMIT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) AT ALL SUCH CONTENT OR INFORMATION OBTAINED BY YOU ON OR THROUGH THE SERVICES IS ACCURATE.

Gummi IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU OR OTHER USERS OR THIRD PARTIES POST, SEND OR RECEIVE THROUGH THE SERVICE. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES ARE ACCESSED AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.

  1. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Gummi, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHETHER INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, WHETHER ARISING DIRECTLY OR INDIRECT, OR ANY LOSS OF DATA, USABILITY, TRUST OR OTHER INTANGIBLE LOSSES CAUSED BY: (I) (I) YOUR ACCESS TO OR USE OR CONDITION INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH OR AFTER THE USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF Gummi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Gummi’ AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED AN AMOUNT GREATER THE GREATER OF THE AMOUNT YOU PAY TO Gummi FOR USE OF THE SERVICES, IF ANY, AND 100 USD FOR AS LONG AS YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS CLAUSE MAY NOT APPLY TO YOU.

  1. Your Indemnification Liability.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Gummi, our affiliates, their respective officers, directors, representatives, and employees and us from and against any claims, demands, suits, damages, losses, court costs, liabilities and expenses, including attorney’s fees, due to, arising out of or in connection with any means by which you access or use the Services, Your Content, or your violation of this Agreement.

  1. Terms Entire agreement; Other.

This Agreement, including the Privacy Policy, Cookie Policy, Safety Recommendations, Community Guidelines, and Arbitration Procedures (if applicable to you), and any terms you disclose and agree to If you purchase additional features, products, or services that we offer on the Service, contains the entire agreement between you and Gummi regarding the use of this Service. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Gummi account is non-transferable and that all of your rights to your account and related content will terminate upon your death. No agency, partnership, joint venture, fiduciary, or other special relationship or employment is created under this Agreement and you shall not make any representation on behalf of or bind Gummi in any way.