Toon Agreement

The additional terms in this Section 5.C apply only to your use of applications downloaded from the Apple Inc. (“Apple”) iTunes App Store (“iTunes Applications”). You agree that this agreement exists exclusively between you and Warner and not between Apple and that Apple is not responsible for the iTunes applications or their content. Apple is under no obligation to provide maintenance or support services related to iTunes applications. You will not include Apple in claims related to your use of iTunes applications or in claims by third parties alleging infringement of intellectual property rights by iTunes applications. You agree to abide by all third-party agreements related to your use of iTunes applications (for example.B. Your agreement on mobile operators). Finally, you agree that Apple and Apple`s subsidiaries are third party beneficiaries of the Agreement, for the sole purpose of enforcing the terms and conditions in effect against you in connection with your use of iTunes applications. These limitations of liability apply even if Powtoon has been expressly notified of the potential loss. Nothing about the Services or under these Conditions constitutes or shall constitute a consultation of any kind. If you need legal, financial or other advice, consult the relevant expert. Notwithstanding the foregoing, Powtoon for Business is required to actively pay for monthly/annual subscriptions (i.e. such payment is not automatically recovered).

Failure to pay the subscription fee for any reason, including, but not limited to, invalidation of the payment method, may result in termination of the account, as provided in Section 6 of our Due and Termination Policy. These Terms govern your use of the services provided through the Powtoon Website or Software (“Software”), whether by us, our affiliates and/or third parties on our behalf (together with the Website and Software, the “Services”). By using the Services or any part thereof, you confirm that you have read and understood these Terms, including the Privacy Policy, and you agree to be bound by them and to comply with all applicable laws and regulations regarding your access to and use of the Services. Powtoon reserves the right to change its fees, including subscription fees, from time to time, as set forth on the corresponding pricing page, by posting the changes fourteen (14) days in advance on the Site, but without notice for temporary promotions or changes resulting in a reduction in such fees. Without prejudice to Powtoon`s other rights under these Terms, Powtoon may, if you infringe in any way, take such steps as Powtoon deems appropriate to remedy the infringement, including suspending your access to the Services, prohibiting access to the Services, blocking computers using your IP address, for access to the Services, contacting your internet service provider to demand that they block your access to the services and/or to take legal action against you. Powtoon may accept payments by credit card, bank transfer, debit card or other online payment services (such as “PayPal”) which are all listed on the Site during the payment transaction. Paid users can also pay by bank transfer, as agreed with Powtoon. All payments made by the user must be made in unlocked credits, i.e. without deduction or compensation, even if part of the amount paid by the user is requested by a bank or a public, tax or other authority. If the user is required to make such a deduction, the user must pay the additional amounts necessary to ensure that Powtoon receives the full calculation.

If you are a paid user, liability for direct damages is limited to the subscription fee paid to Powtoon, but in no case more than 500 $US. We reserve the right to change these terms (including any additional terms in effect) from time to time.