Please read carefully the following provisions of this TERMS OF USE (“TERMS OF USE”). This is a legal agreement between you and us.
By entering, connecting to, accessing or using the app, you acknowledge that you:
● have read and understood the Terms and Privacy Policy, and
● agree to be bound by the Terms and to comply with all applicable laws and regulations regarding your use of the app and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you.
IF YOU DO NOT AGREE TO THESE TERMS OR ARE NOT HAPPY ABOUT OUR PRIVACY PRACTICES DESCRIBED IN THE PRIVACY POLICY, (A) PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE IN ANY MANNER.
Privacy
We respect your privacy and are committed to protect the information you share with us. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the app. Our policy and practices and the type of information collected are described in detail in our Privacy Policy. If you intend to connect to, access or use the app, or provide or make available to us any personal information, you must first read and the Privacy Policy.
Acknowledgment
This paragraph is intended to apply to you if you have downloaded the the app from the Apple App Store and you acknowledge that this Terms of Use is concluded between us and you only, and not with the Apple App Store, and as between us and the Apple App Store, the App, not the Apple App Store, is solely responsible for the Services and the content thereof. This Terms of Use is not intended to provide for usage rules for the Services that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise be in conflict with, the Terms of Service of the Apple App Store as of the date hereof (which you further acknowledge you have had the opportunity to review).
Ownership
The App is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The app includes trade secrets and information that is confidential and proprietary to us and you agree to take all necessary actions to protect the confidentiality of such information. All ownership rights in the Services, including any related documentation and any new releases, modifications, and enhancements thereto belong solely to this app and its licensors, if any, including all intellectual property rights therein. The service is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Our app hereby expressly reserves all rights in all Services which are not expressly granted to you hereunder.
User Content
We claim no ownership rights over User Content created by you. We have the right (but not the obligation) in its sole discretion to remove any User Content that is stored via the App.
You agree not to post, store, transmit, create or share any User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); or (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
You agree that any User Content that you create, store, or share does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy.
We reserve the right, but is not obligated, to reject and/or remove any User Content that we believe, in its sole discretion, violates these provisions. In connection with your User Content, you affirm, represent and warrant the following:
- Your User Content and your use thereof as contemplated by this Agreement and the App will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights or privacy rights.
- To the extent that you use our App for any commercial purpose and your User Content contains any copyrighted material that is not your original work or in which you do not otherwise own the copyright, you have obtained all rights, licenses, consents, and permissions necessary in order to use that copyrighted material in connection with the creation and/or dissemination of that User Content using the App.
- We take no responsibility and assumes no liability for any User Content that you creates, stores, shares, posts or sends through the App. You shall be solely responsible for your User Content and the consequences of posting, publishing it, or sharing it and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. If your Content violates these Terms of Use, you may bear legal responsibility for that content.
Warranty Disclaimer
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR APP, ITS OFFICERS AND EMPLOYEES DISCLAIM ALL WARRANTIES, EITHER EXPRESS, IMPLIED OR STATUTORY, IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY.
Limitation of Liability
IN NO EVENT SHALL OUR APP, ITS OFFICERS, OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, (V) DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Termination
We reserve the right to terminate or suspend your account or your access to any or all portions of the Services at any time, for any reason, including your violation or breach of any provision in these Terms. When your account is terminated, you will no longer be able to access or use the Services.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Contact Us
If you have any questions about these Terms, please contact us in the "Support" page.