TERMS OF USE


Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document. Your access and use of the Application constitutes your agreement to be bound by these Terms.


Content on this Application

Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.


Rights regarding content on this Application - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Application. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge. Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.


Access to external resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.


User obligations

By downloading, accessing, or using the Application, you covenant that you will abide by all applicable local, state, and national laws and regulations with respect to your use of the Application and that you are at least the legal age of majority. You further covenant you will at all times provide true, accurate, current, and complete information (and updates thereto) when submitting information through the Application, and agree to provide Application reasonable cooperation in connection with operation of or support for the Application. You also acknowledge and agree that additional notices, terms, and conditions may apply to the use of other Application services or solutions. The Application will provide notice of any application notices, terms, and conditions for its services or solutions.


Links to other sites

The Application may connect to certain third party websites or online networks (collectively, "Third Party Sites"). These Third Party Sites have not necessarily been reviewed by the Application and are owned, controlled and/or maintained solely by third parties over whom the Owner exercises no control. Your correspondence or any other dealings with third parties found through any Third Party Sites on the Application is solely between you and such third party. Accordingly, Owner hereby expressly disclaims and shall not have any liability or responsibility for any Third Party Sites.


Fee & subscription

Therefore, the Application is provided, per the terms of this Agreement, without an additional fee unless you have activated a subscription to additional services.

Subscriptions

In the Application, you may pay a fee for a subscription membership ("Subscription").

When you buy a Subscription, you agree to the following:

A Subscription fee will be charged to your chosen payment method in the app store of your device's platform ("App Store/ Google Play"). You will be charged the Subscription fee displayed at the time of sale; and Your Subscription will automatically renew for the applicable length of your Subscription until you cancel your Subscription. You may access the applicable "in-app" purchase rules and policies directly from the applicable app store(s). Additional terms or conditions may apply to a subscription at the time of order or renewal.

Canceling Subscriptions:

For the Google Play store, instructions for canceling your Subscription may be found here: https://support.google.com/googleplay/answer/7018481

For the Apple App store, instructions for canceling your Subscription may be found here: https://support.apple.com/en-us/HT202039

Payments for Subscriptions

You acknowledge and agree that all billing and transaction processes are handled by the App Store/ Google Play Provider from whose platform you downloaded the Application and are governed by the App Store/ Google Play Provider's terms and conditions/EULA. If you have any payment related issues with In-App Purchases, then you need to contact the App Store/ Google Play Provider directly. You agree that all payments for Subscriptions are final.


Termination

You may cancel your Subscription with the App Store/ Google Play Provider directly and uninstall the Application. Upon cancellation of Subscription or uninstalling, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.


Warranty Disclaimers

The Services, Products and Content are provided “as is,” without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement and any warranties arising out of course of dealing or usage of trade. We make no warranty that the Application will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.


Limitation of Liability

Any party involved in creating, producing, or delivering the Application, Products or Content will be liable for any incidental, special, exemplary or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute the Application arising out of or in connection with these terms or from the use of or inability to use the Application, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.


Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from


Common provisions


No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).


Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.


Privacy policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.


Intellectual property rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.


Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.


Assignment of contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.


Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.


Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.


US Users

Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.


EU Users

Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.


Governing law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.


Latest update: July 29, 2021

This Application is provided by:

Anton Botnov

Owner contact email: abotnov.dev@gmail.com