Membership Services Purchase Agreement

Effective as of Aug. 1st, 2023.

Found is a media file editing platform with applications and websites ("Found") which is owned and operated by Shiniest International (HK) Technology Limited (the "Company", "we" or "us"). Found provides membership services with different functions and prices (the "Membership Services"), some of which shall be available for use only after the purchase and payment (the "Premium Membership Services"). Before purchasing the Premium Membership Services, please read this Membership Services Purchase Agreement (the "Agreement") carefully. By purchasing the Premium Membership Services, you agree to be bound by the terms of the Agreement.

  1. Purchase

    1. The object that you purchase from us is the Premium Membership Services selected by you. We will provide you with the right to use some functions of Found corresponding to the Premium Membership Services you have purchased (the "Purchased Membership Functions"). **You fully acknowledge and agree, at the time of purchasing the Premium Membership Services, that the Premium Membership Services you have purchased under the Agreement include the Purchased Membership Functions that are already available for use as of the effective date of this Agreement (**subject to the content displayed on the page where you select to purchase the Premium Membership Services) and the Purchased Membership Functions that will be available for use during the service period ("Service Period") corresponding to the Premium Membership Services you have purchased based on the development and testing progress (subject to the content that is actually available for use then).

    2. You agree with the price (the "Purchase Price") of the Premium Membership Services indicated on the page and selected by you when you complete the payment. You may select one of the payment methods provided by us.

    3. Upon the fully payment ("Payment") of the Purchase Price of the selected Premium Membership Services, you are entitled to use the Purchased Membership Functions of Found up to three (3) devices simultaneously within the Service Period.

    4. A confirmation email will be sent to your email address once your Payment has been processed.

  2. Use and Services

    1. You may access Found and use the Purchased Membership Functions by referring to the Term of Use, visiting our websites and downloading Found, and logging in to the corresponding account after your Payment has been processed. For details, please refer to the Term of Use. If you select to purchase the Premium Membership Services and complete the Payment, it shall be deemed that you have fully understood the entire content of the Term of Use, and agree to be bound by such Term of Use as a party of the Term of Use.

  3. Refund

    1. If (i) you apply for a refund within seven (7) days upon your Payment and (ii) you have not used more than five (5) (inclusive) Complimentary Points (as defined in the Rules for Use of Points), you will be fully refunded (i.e. the "[7-day Unconditional Refund]{.underline}"). [If (i) you apply for a refund after seven (7) days upon your Payment or (ii) you apply for a refund within seven (7) days upon your Payment but have already used more than five (5) Complimentary Points, your Payment shall be non-refundable.]{.underline}

    2. Notwithstanding Section 3.1 of the Agreement, [you acknowledge and agree that you are only entitled to apply for the]{.underline} ["7-day Unconditional Refund" only once. If you (including your Found account and its associated email address) have the record of having applied for the "7-day Unconditional Refund", the "7-day Unconditional Refund" shall not apply to your re-purchase or Renewal (as defined below) of the Premium Membership Services]{.underline}.

    3. If you are eligible for the "[7-day Unconditional Refund]{.underline}", you may apply for the refund via "Account Center-Purchase Record-Order Information". We will evaluate your refund application. We reserve all rights in relation to the refund.

  4. Renewal

    1. You agree that we will send you a notice by email, text messages or system messages five (5) days prior to the expiration of the Service Period (the "Renewal Reminder Notice") to remind you to renew the Premium Membership Services (the "Renewal") and you may choose to complete the Renewal or not at your sole discretion. If you choose to complete the Renewal, you may refer to the link and follow the instructions attached to the Renewal Reminder Notice to complete such Renewal.

    2. We may change the price of the Premium Membership Services you selected in the Renewal Reminder Notice.

  5. Intellectual Property

    1. We remain the sole ownership of all right, title, and interest in Found and its related products. Except for the Premium Membership Services purchased in accordance with the Agreement, we do not grant you ownership, use or any other rights of patents, copyrights, trade secrets, trademarks, or other intellectual property rights in respect of Found and its related products and any of our other products and items. This means that you shall not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. We reserve all rights not granted under the Agreement.

    2. Any provision of services, documents, links, information and data by us in any means shall not be deemed as the assignment of any intellectual property rights of Found and its related products and any of our other products.

  6. Privacy

    1. For information about how we collect, use, share, or otherwise process information related to you and your use of Found, please refer to the Privacy Policy. If you choose to purchase the Premium Membership Services and pay the corresponding Purchase Price, it shall be deemed that you have fully understood the entire content of the Privacy Policy and agree to be bound by such Privacy Policy.

  7. Termination

    1. Termination upon expiration. Without prejudice to our rights as set forth in Section 8.1 below, after the expiration of the Service Period, we will automatically terminate the provision of the Premium Membership Services if you do not choose and complete the Renewal.

    2. Termination by you. Without prejudice to our rights as set forth in Section 8.1 below, you may terminate your Premium Membership Services at any time within the Service Period. Any termination shall not relieve you of any obligation to pay any outstanding fees associated with your purchase or Renewal (if any) of the Premium Membership Services. [You acknowledge and agree that, except as otherwise expressly provided in Section 3 herein,]{.underline} [we shall not be obligated to refund you any fees you have paid]{.underline}.

    3. Termination by us. Without prejudice to our rights as set forth in Section 8.1 below, we may at any time immediately and unilaterally terminate or suspend your Premium Membership Services, and [you acknowledge and agree that we shall not be obligated to refund you any fees you have paid, if at our sole discretion]{.underline}:

    a) you breach (or act in a manner that clearly shows you do not intend to, or are unable to, comply with the Agreement) any provision of the Agreement (including Term of Use, Privacy Policy, etc.);

    b) you fail to make the timely payment of any fees for the purchase or Renewal (if any) of the Premium Membership Services;

    c) you abuse, threaten, bully, or harass us or our personnel physically, verbally, or through other means;

    d) you have repeatedly made complaints in bad faith or without a reasonable basis, and continue to do so after we have required you to stop;

    e) continuing to provide the Premium Membership Services to you or license you to use the Purchased Membership Functions by us would violate any applicable law;

    f) we elect to discontinue to provide the Premium Membership Services, in whole or in part, if it becomes impractical for us to continue providing the Premium Membership Services in whole or in part in your region due to change of law, or other reason; or

    g) in accordance with the provisions of the Term of Use and the Privacy Policy, other circumstances in which we are entitled to unilaterally terminate the Agreement or terminate or suspend your Premium Membership Services occurs.

    If we terminate or suspend your Premium Membership Services for reasons other than for the causes as listed above, we will make reasonable efforts to notify you via the email address you provide to us, at least thirty (30) days prior to such termination.

    1. Upon the termination of the provision of the Premium Membership Services in accordance with Section 7 of the Agreement, you will not be able to access and use the Premium Membership Services/Purchased Membership Functions. The Agreement will be terminated upon the termination of provision of the Premium Membership Services.

    2. Upon the termination of the Agreement, the Term of Use, Privacy Policy and the provisions of Breach of Agreement and Indemnification (Section 8 of the Agreement) and dispute resolution (Section 9.4 of the Agreement) stipulated in the Agreement shall survive. Where the Term of Use, Privacy Policy or other relevant agreements and rules of Found stipulate that we are entitled to terminate other Membership Services other than the Premium Membership Services, such provisions shall prevail.

  8. Breach of Agreement and Indemnification

    1. If you breach the Agreement, Term of Use and/or Privacy Policy, you shall be liable for any damage caused to us, our partners and related providers and subcontractors, other users of Found, or any other legal entities.

    2. To the fullest extent permitted by applicable laws, we shall not be liable to you or any other person for any liability arising out of or in connection with your use of or access to Found (including but not limited to your Premium Membership Services/Purchased Membership Functions under the Agreement), including but not limited to liabilities, such as loss of profit, loss of revenue, loss of business, damages to computer systems or loss of data, reputational damages, liability of litigation and dispute, and any special, incidental, indirect, consequential, moral, exemplary, or punitive damages.

    3. Unless otherwise expressly provided by applicable laws, [you acknowledge and agree that our total liability to you, in any matter arising out of or related to the Agreement,]{.underline} [shall be limited to the aggregate amount we have received from you for the latest Service Period corresponding to your purchase or Renewal of the Premium Membership Services]{.underline}.

  9. General Provisions

    1. The Agreement shall become effective upon your click of "agree to be bound by the Purchase Agreement" and the completion of the Payment.

    2. The Term of Use and the Privacy Policy you have acknowledged, agreed and signed shall be an integral part of the Agreement, and shall constitute the full and entire agreement regarding the subjects hereof and thereof together with the Agreement.

    3. If you require the invoice, you can fill in the relevant invoicing information in "Account Center-Purchase Record-Invoicing Request", or contact us via email at [support@aalab.com]{.underline}.

    4. The Agreement shall be governed by the laws of Singapore. Any dispute arising out of or in connection with the Agreement, including any question regarding the existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three arbitrators. The language of the arbitration shall be English.

    5. You can send an email to [support@aalab.com]{.underline} to contact us. We highly recommend you use the email address associated with your account to contact us so that we can verify your identity or locate your issue more quickly.

You acknowledge that the email address associated with your account will be primary for us to contact you.