Terms of Use
1. Welcome
1.1 ekatoX operates a service, which we make available through an application available for download on your device (the "Keyboard for Xiaomi App"), that allows users to customise the keyboard on their mobile device, and to send emojis, stickers and GIFs (the "Keyboard for Xiaomi Service").
1.2 The Keyboard for Xiaomi Service is provided by ekatoX Singapore Private Limited ("ekatoX", "we", "our", or "us"). ekatoX is a company registered in Singapore, with its address at 137 Telok Ayer Street, #08-01, Singapore 068602.
2. Your relationship with us
2.1 This document and any documents referred to within it (collectively, the "Terms of Use") explains the terms on which you may use the Keyboard for Xiaomi Service and any keyboards you create through the Keyboard for Xiaomi Service.
2.2 Please read these Terms of Use carefully to ensure that you understand them before you use the Keyboard for Xiaomi Service.
2.3 By accessing or using the Keyboard for Xiaomi Service, you confirm that you have read and understood these Terms of Use. If you do not agree to these Terms of Use, please do not use the Keyboard for Xiaomi Service.
3. Your information
3.1 Your privacy is important to us. Please read our Privacy Notice (https://www.ekatox.com/page/xiaomi/privacy.html) to understand how we collect, use and share information about you. By agreeing to these terms of use, you represent that you have read and understood the Privacy Notice and you specifically agree to the stipulations contained therein, which shall be treated as part and parcel of these Terms of Use.
4. Your right to use the Keyboard for Xiaomi Service
4.1 The Keyboard for Xiaomi Service allows you to customise the keyboards you use on your mobile device and to send emojis, stickers and GIFs to others.
4.2 You must not be a child as defined by applicable laws and regulations and must be capable in your country of residence, or in the country of the laws of which you are governed by, of entering into a legally binding agreement to use the Keyboard for Xiaomi Service.
4.3 The materials and content comprising the Keyboard for Xiaomi Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the Keyboard for Xiaomi Service in accordance with these Terms of Use.
4.4 Your right to use the Keyboard for Xiaomi Service, and any content that we make available through the Keyboard for Xiaomi Service, is personal to you and you are not allowed to give this right to another person. Your right to use the Keyboard for Xiaomi Service does not stop us from giving other people the right to use the Keyboard for Xiaomi Service.
4.5 We allow you to download and use the Keyboard for Xiaomi App on your mobile device for the sole purpose of accessing and using the Keyboard for Xiaomi Service in accordance with these Terms of Use and we grant you a non-exclusive, personal, non-transferable licence for this sole purpose.
4.6 You agree that all confidential information, copyright and other intellectual property rights in the Keyboard for Xiaomi Service belong to us or the people who have licenced those rights to us.
4.7 You agree that you have no rights in or to the Keyboard for Xiaomi Service other than the right to use them in accordance with these Terms of Use.
5. App store terms
5.1 You acknowledge that these Terms of Use set out the terms of the agreement between you and us only, and do not apply to original equipment manufacturers which preload the app (“OEM”) or any other provider of an app store or distribution platform from which you download the Keyboard for Xiaomi App (the "Store Provider").
5.2 We, not the OEM or Store Provider, will be solely responsible for the Keyboard for Xiaomi App, any content that we make available through the Keyboard for Xiaomi App and any support or maintenance in respect of the Keyboard for Xiaomi App. The OEM or Store Provider will have no obligation to provide any maintenance or support services with respect to the Keyboard for Xiaomi App.
5.3 We, not the OEM or Store Provider, will be solely responsible in the event that the Keyboard for Xiaomi App does not comply with any warranties or other promises (including any promises made in respect of its functionality, suitability or fitness for purpose). To the maximum extent permitted by law, the OEM or Store Provider will not be responsible to you for any claims in relation to the Keyboard for Xiaomi App.
5.4 In the event of any claim that the Keyboard for Xiaomi App infringes another person's intellectual property rights, we, not the OEM or Store Provider, will be solely responsible for investigating, defending, settling or otherwise dealing with any such intellectual property infringement claim.
5.5 You acknowledge that:
(a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(b) you are not listed on any U.S. Government list of prohibited or restricted parties.
5.6 The OEM and Store Provider (and members of its corporate group) are third party beneficiaries under these Terms of Use and have the right to enforce these Terms of Use against you.
6. Premium Content,VIP Features AND DISNEY SKINS
6.1 We do not charge you a fee to access the Keyboard for Xiaomi Service; however, we may, from time to time, make certain premium content available for purchase through the Keyboard for Xiaomi Service ("Premium Content"), and certain additional content and features ("VIP Features") in respect of which we may charge you a subscription fee (the "Subscription Fee").
6.2 In order to purchase any Premium Content, we will ask you to provide details of a valid payment method. By proceeding with your purchase, you authorise us to charge the purchase price in respect of the Premium Content (the "Purchase Price") to your chosen payment method, and confirm that the payment details you have provided are valid and correct.
6.3 If you subscribe to any of the VIP Features, you will need to select the length of your initial subscription (the "Subscription Period") using the applicable functionality on the Keyboard for Xiaomi Service. If you have not used the applicable VIP Features before, we offer a free trial of the VIP Features in accordance with paragraph 7.
6.4 By subscribing to any VIP Features, you authorise us to charge the applicable Subscription Fee for the selected Subscription Period to the Store Provider account linked to your device. You confirm that you have the right to use the relevant account to make purchases on your device.
6.5 Your subscription will automatically renew at the end of each Subscription Period, and we will charge you the applicable Subscription Fee for the next Subscription Period. We will notify you in advance before the end of the Subscription Period that your subscription to the VIP Features is about to renew. If you do not want to renew your subscription to the VIP Features, you will need to tell us at least 24 hours before the end of the current Subscription Period. You can do this using the appropriate functionality on the Keyboard for Xiaomi Service, or through the appropriate settings on your device or Store Provider account.
6.6 We allow you to purchase an assortment of Disney skins for the price of USD $1.99 per skin to use in relation to your Keyboard for Xiaomi and as a part of the Keyboard for Xiaomi App. The purchase amount for the selected skins you wish to purchase can be paid through Paytm. EkatoX does not access, collect or retain information any payment-related information and the transaction is carried out through Paytm’s secure payment gateway. Once payment is successfully completed, we will receive a confirmation from Paytm, after receiving which we will make the purchased Disney skin available to you for use as part of the Keyboard for Xiaomi Service and within the limitations to the use and functionality therein. You hereby understand and agree that the purchase of the skins only grant you a limited licence to use the purchased skins as a part of your Keyboard for Xiaomi App and Keyboard, and does not grant you any ownership, right or title to use the skin in any manner other than as provided for in the Keyboard for Xiaomi App, as covered by these Terms of Use.
7. FREE TRIAL
7.2 On the day after the Free Trial Period ends, we will charge you the Subscription Fee for the next Subscription Period, unless you indicate to us at least 24 hours before the end of the Free Trial Period that you do not wish to continue using the VIP Features after the end of the Free Trial Period. You can do this using the appropriate functionality on the Keyboard for Xiaomi Service, or through the appropriate settings on your device or Store Provider account.
8. Cancellation
8.2 If you cancel your purchase of Premium Content or your subscription to the VIP Features, during the Cancellation Period, we will refund you your Purchase Price or Subscription Fee without undue delay and not later than 14 days after the day on which you notified us that you would like to cancel your purchase or subscription. You can do this through the appropriate functionality on the Keyboard for Xiaomi Service, or through the appropriate settings on your device or Store Provider account. If you cancel during the Free Trial Period, you will not receive a refund as no payment will have been taken from you.
8.3 You will, however, lose your right to cancel if you tell us that you want to download and use the Premium Content or VIP Features during the Cancellation Period. We will ask you to confirm to us, when you purchase Premium Content or subscribe for VIP Features, if you would like to download and use such Premium Content or VIP Features immediately, in which case you will lose your right to cancel your purchase or subscription.
9. User Content
9.1 Some functionalities of the Keyboard for Xiaomi Service allow you to provide, share or post content or information such as images, videos, music and comments (collectively, "User Content").
9.2 We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-licence, and otherwise make available the User Content anywhere and in any form for the purposes of providing and improving the Keyboard for Xiaomi Service.
9.3 You must ensure that you are able to grant us the above licence for any third party owned content you include in your User Content, and that your User Content will meet the Rules of Acceptable Use set out in paragraph 10 below. We may monitor any User Content and delete any User Content where we think that it breaks any of the Rules of Acceptable Use.
9.4 Our right to use your User Content does not in any way affect your privacy rights. Please see our Privacy Notice (https://www.ekatox.com/page/xiaomi/privacy.html) which provides information on how we use your personal information.
10.1 When using the Keyboard for Xiaomi Service, you must not:
(a) Unless allowed by these Terms of Use and as permitted by the functionality of the Keyboard for Xiaomi Service, you agree:
(b) not to copy the Keyboard for Xiaomi Service, any portion of the Keyboard for Xiaomi Service or content available through the Keyboard for Xiaomi Service;
(c) not to give or sell or otherwise make available the Keyboard for Xiaomi Service, any portion of the Keyboard for Xiaomi Service or content available through the Keyboard for Xiaomi Service to anybody else;
(d) not to change the Keyboard for Xiaomi Service or any portion of the Keyboard for Xiaomi Service or content available through the Keyboard for Xiaomi Service in any way; and
(e) not to look for or access the code of the Keyboard for Xiaomi Service or any portion of the Keyboard for Xiaomi Service that we have not expressly published publicly for general use;
(f) attempt to circumvent, disable, compromise or otherwise interfere with any security related features of the Keyboard for Xiaomi Service;
(g) permit another person to use the Keyboard for Xiaomi Service on your behalf unless such person is authorised by you;
(h) use the Keyboard for Xiaomi Service if we have suspended or banned you from using it;
(i) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes damage or injury to any person or property;
(j) modify, interfere, intercept, disrupt or hack the Keyboard for Xiaomi Service;
(k) misuse the Keyboard for Xiaomi Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Keyboard for Xiaomi Service or any equipment that we use to provide the Keyboard for Xiaomi Service;
(l) collect any data from the Keyboard for Xiaomi Service other than in accordance with these Terms of Use;
(m) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;
(n) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;
(o) use any User Content in violation of any licensing terms specified by the owner;
(p) submit or contribute any information or commentary about another person without that person's permission;
(q) threaten, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; or
(r) use any automated system, including without limitation "robots", "spiders" or "offline readers" to access the Keyboard for Xiaomi Service in a manner that send more request messages to the Keyboard for Xiaomi Service than a human can reasonably produce in the same period of time.
(a) immediate, temporary or permanent withdrawal of your right to use our Keyboard for Xiaomi Service;
(b) immediate, temporary or permanent removal of any User Content;
(c) issuing of a warning to you;
(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; or
(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10.3 The responses described in paragraph 10.2 are not limited, and we may take any other action we reasonably deem appropriate.
11. Notice and Takedown Policy
11.1 Any person may contact us by sending us an "Infringement Notice" if any content available through our Keyboard for Xiaomi Service infringes their rights or fails to comply with our Rules of Acceptable Use. The Infringement Notice should be sent by email to ekatoxsapps@gmail.com. Please provide the following information in the Infringement Notice:
(a) your name and contact details;
(b) a statement explaining in sufficient detail why you consider that the content available through our Keyboard for Xiaomi Service infringes your rights or fails to comply with our Rules of Acceptable Use; and
(c) a link to or such other means of identifying the problematic content.
11.2 We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.
12.1 If at any time you do not feel that you can agree to these Terms of Use or any changes made to the Terms of Use or the Keyboard for Xiaomi Service, you must immediately stop using the Keyboard for Xiaomi Service. If you have subscribed to any VIP Features, you will need to notify us that you wish to stop using the Keyboard for Xiaomi Service at least 24 hours before the end of the current Subscription Period. You can do this using the appropriate functionality on the Keyboard for Xiaomi Service, or, in respect of subscriptions through your Store Provider account, through the appropriate settings on your device or Store Provider account.
12.2 Please note that simply deleting the Keyboard for Xiaomi App from your device without cancelling your subscription will not end your subscription to the VIP Features.
12.3 We may immediately end your use of the Keyboard for Xiaomi Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the Keyboard for Xiaomi Service including these Terms of Use. Please note that we will not refund you any Subscription Fees that you have already paid in respect of the Subscription Period in which we end your use of the Keyboard for Xiaomi Service in this way.
12.4 We may also withdraw the Keyboard for Xiaomi Service as long as we give you reasonable notice that we plan to do this. If we withdraw the Keyboard for Xiaomi Service in this way before the end of the current Subscription Period, we will refund you a part of the Subscription Fee that you have already paid in relation to the remaining portion of that Subscription Period.
12.5 If you or we end your use of the Keyboard for Xiaomi Service or we withdraw the Keyboard for Xiaomi Service as described in this section, we may delete your User Content or any other information we hold about you. You will also lose any rights you have to use the Keyboard for Xiaomi Service or to access any content made available through the Keyboard for Xiaomi Service, including any Premium Content or VIP Features, and your User Content. You should therefore ensure that you keep a copy of any information or content you use on the Keyboard for Xiaomi Service, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the Keyboard for Xiaomi Service or any such information, content or User Content.
12.6 The termination of your use of the Keyboard for Xiaomi Service and shall not affect any of your obligations to pay any sums due to us.
12.7 Nothing in this paragraph 12 affects any legal rights you may have under the law of the country in which you are resident.
13. Our responsibility to you
13.1 We do our best to ensure that the Keyboard for Xiaomi Service itself is of a reasonable standard and quality and matches any descriptions we have provided to you. However, the Keyboard for Xiaomi Service may contain some content owned or developed by third parties, and your use of certain functionalities of the Keyboard for Xiaomi Service requires the Keyboard for Xiaomi Service to interact with other apps on your device (such as when you use a keyboard you have personalised through the Keyboard for Xiaomi Service on a browser or messenger app on your device). As we do not own or produce such third party content or applications, we cannot be responsible for such content in any way or promise that the Keyboard for Xiaomi Service will always be compatible with any third party applications.
13.2 We will do our best to ensure that any elements of the Keyboard for Xiaomi Service that require a connection to the Internet will always be available to you. However, due to the nature of the Internet and technology, any such features of the Keyboard for Xiaomi Service may be unavailable if we need to undertake any emergency or scheduled maintenance on our systems. This means that we are unable to promise that your use of those features of the Keyboard for Xiaomi Service will always be uninterrupted, without delays, error-free or meet your expectations. We will notify you of any planned outages; however, we may not be able to do this if any outages are caused by circumstances outside of our control. To the extent we are able to do so, we exclude any commitments that may be implied by law.
13.3 In the event of a claim arising out of the provision of the Keyboard for Xiaomi Service, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.
13.4 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable or that is caused by a failure by you to comply with these Terms of Use. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you downloaded or (for pre-installed versions) started using the Keyboard for Xiaomi Service, both we and you knew it might happen.
13.5 The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence, or if we deliberately breach our commitments in these Terms of Use.
14. Resolving Disputes
14.1 We hope that you enjoy your use of the Keyboard for Xiaomi Service. However, if you have a complaint or dispute with us relating to the Keyboard for Xiaomi Service, in the first instance please contact us at ekatoxsapps@gmail.com and attempt to resolve the dispute with us informally.
14.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.
15. Updates
15.1 We are constantly updating and improving the Keyboard for Xiaomi Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the Keyboard for Xiaomi Service.
15.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Keyboard for Xiaomi Service, or feature relating to the Keyboard for Xiaomi Service ("changes to the Keyboard for Xiaomi Service"). These changes to the Keyboard for Xiaomi Service may affect your past activities on the Keyboard for Xiaomi Service, features that you use and your User Content ("Keyboard for Xiaomi Service elements"). Any changes to the Keyboard for Xiaomi Service could involve your Keyboard for Xiaomi Service elements being deleted or reset.
15.3 You agree that a key characteristic of our Keyboard for Xiaomi Service is that changes to the Keyboard for Xiaomi Service will take place over time and this is an important basis on which we grant you access to the Keyboard for Xiaomi Service. Once we have made changes to the Keyboard for Xiaomi Service, your continued use of the Keyboard for Xiaomi Service will show that you have accepted any changes to the Keyboard for Xiaomi Service. You are always free to stop using the Keyboard for Xiaomi Service.
16. Third-party links and information
16.1 The Keyboard for Xiaomi Service may display or contain links to third party software or other materials created by other parties ("Third Party Content"). Your use of this Third Party Content may be subject to additional terms and conditions imposed by that third party. You should ensure that you read and understand any terms applicable to your use of the Third Party Content before accessing such Third Party Content through the Keyboard for Xiaomi Service.
17. Changes to the Documents
17.1 We may revise these Terms of Use from time to time but the most current version will always be available at https://www.ekatox.com/page/xiaomi/agreement.html.
17.2 Changes will usually occur because of new features being added to the Keyboard for Xiaomi Service, changes in the law or where we need to clarify our position on something.
17.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.
17.4 When we change the Terms of Use, we will update the "last modified" date at the end of these Terms of Use.
18. Documents that apply to our relationship with you
18.1 The current version of the Terms of Use contains the only terms and conditions that apply to our relationship with you.
18.2 We intend to rely on these Terms of Use as setting out the written terms of our agreement with you for the provision of the Keyboard for Xiaomi Service. If part of the Terms of Use cannot be enforced then the remainder of the Terms of Use will still apply to our relationship.
18.3 If you do not comply with these Terms of Use and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.
19. Law
19.1 English law will apply to all disputes and the interpretation of these Terms of Use. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Keyboard for Xiaomi Service. This does not affect your rights under applicable consumer law in the country where you are resident, including your ability to bring a claim against us in the courts of that country. If you are a resident of Scotland or Northern Ireland, this means you can bring a claim against us in the Scottish or Northern Irish courts.
20. Contact
20.1 Please contact us at to ekatoxsapps@gmail.com with any questions regarding these Terms of Use.
20.2 We value hearing from our users, and are always interested in learning about ways we can improve the Keyboard for Xiaomi Service. By providing your feedback you agree that we may use and allow others to use such feedback without any restriction and without any payment to you.
These Terms of Use were last modified on January 21, 2021