1. Introduction
These Terms of Use and End User License Agreement (collectively, the "Agreement") together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person ("you", "your" or "user") and Aaron Walker ("we," "us" or "our"), concerning your access to and use of Auto Click - Auto Click Pro software application for mobile devices.
All the documents that relate to Auto Click - Auto Click Pro are hereby expressly
incorporated herein by reference.
Please read this Agreement carefully before you download, install or use Auto Click - Auto Click Pro.
It is important that you read and understand this Agreement as by downloading, installing or using Auto Click - Auto Click Pro you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use Auto Click - Auto Click Pro. By using Auto Click - Auto Click Pro, you agree to abide by this Agreement.
If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access, download, install or use Auto Click - Auto Click Pro and you must promptly discontinue downloading, installing Auto Click - Auto Click Pro and remove (delete) Auto Click - Auto Click Pro from any mobile device in your possession or under your control.
2. Changes to this agreement
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of Auto Click - Auto Click Pro after the date such revised Agreement is posted.
3. Restrictions on who can use Auto Click - Auto Click Pro
In order to download, install, access or use Auto Click - Auto Click Pro, you must (a) be eighteen (18) years of age or older.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use Auto Click - Auto Click Pro, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to use download, install, access or use Auto Click - Auto Click Pro, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using Auto Click - Auto Click Pro; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
Parents and guardians must directly supervise any use of Auto Click - Auto Click Pro by minors.
Any person under the age of thirteen (13) years is not permitted to download, install, access or use Auto Click - Auto Click Pro.
You affirm that you are either more than eighteen 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Auto Click - Auto Click Pro is intended only for your personal non-commercial use.
4. Privacy policy
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to Auto Click - Auto Click Pro and use of the Services is subject to the Privacy Policy. By accessing Auto Click - Auto Click Pro and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using Auto Click - Auto Click Pro and Services. Please read our Privacy Policy carefully.
5. End user license agreement
By using Auto Click - Auto Click Pro, you undertake to respect our intellectual rights (intellectual rights related to Auto Click - Auto Click Pro’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.
As long as you keep using Auto Click - Auto Click Pro, we grant you a limited, non-exclusive, non-transferable non-sublicensable, non-assignable and revocable license to access and use Auto Click - Auto Click Pro pursuant to this Agreement on any Apple-branded products that you own or control except that Auto Click - Auto Click Pro may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing (the “License”).
The source code, design and content, including information, photographs, illustrations, artwork and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within Auto Click - Auto Click Pro are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
In the event of any third-party claim that your possession and use of Auto Click - Auto Click Pro infringes that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
All rights, title and interest in and to Auto Click - Auto Click Pro and its content, works and means of individualization as well as its functionalities (1) are the exclusive property of Aaron Walker and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin.
We will not hesitate to take legal action against any unauthorized use of our trademarks, names or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
6. Prohibited behavior
You agree not to use Auto Click - Auto Click Pro in any way that:
· is unlawful, illegal or unauthorized;
· is defamatory of any other person;
· is obscene or offensive;
· infringes any copyright, database right or trademark of any other person;
· advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You shall not make Auto Click - Auto Click Pro available to any third parties. In addition, you shall not modify, translate into other languages, reverse engineer, decompile, disassemble or otherwise create derivative works from Auto Click - Auto Click Pro or any documentation concerning Auto Click - Auto Click Pro.
You shall not transfer, lend, rent, lease, distribute Auto Click - Auto Click Pro, or use it for providing services to a third party, or grant any rights to Auto Click - Auto Click Pro or any documentation concerning Auto Click - Auto Click Pro to a third party.
Misuse of any trademarks or any other content displayed on Auto Click - Auto Click Pro is prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in Auto Click - Auto Click Pro, directly or indirectly, by way of a violation of our Intellectual Property Rights.
Moreover, you shall not make any attempts to use Auto Click - Auto Click Pro or part thereof for malicious intentions.
Also, we are not responsible for the way you use Auto Click - Auto Click Pro.
It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.
All disputes arising from the usage of Auto Click - Auto Click Pro, shall be governed by and construed in accordance with the laws of the United States of America, and shall be submitted to the sole jurisdiction of the competent courts of New York, New York, the United States of America.
7. Availability of Auto Click - Auto Click Pro, security and accuracy
In order to use Auto Click - Auto Click Pro, you are required to have a compatible mobile phone or tablet, and internet access. However, please note that we offer you widgets that save translations and allow you to access them later in offline mode.
We do not warrant that Auto Click - Auto Click Pro will be compatible with all hardware and software which you may use.
We make no warranty that your access to Auto Click - Auto Click Pro will be uninterrupted, timely or error-free. Neither does Apple have an obligation whatsoever to furnish any maintenance and support services with respect to Auto Click - Auto Click Pro.
You acknowledge Auto Click - Auto Click Pro is provided via the internet and mobile networks and so the quality and availability of Auto Click - Auto Click Pro may be affected by factors outside our reasonable control.
The version of Auto Click - Auto Click Pro may be upgraded from time to time to add support for new functions and services.
We may change or update Auto Click - Auto Click Pro and anything described in it without noticing you. If the need arises, we may suspend access to Auto Click - Auto Click Pro, or close it indefinitely.
You also warrant that any information that you submit to us is true, accurate and complete, and you agree to keep it actual at all times.
You can discontinue using our Services at any time by choosing the relevant option in your iTunes Account Settings. If you decide not to use Auto Click - Auto Click Pro for any reason you should uninstall Auto Click - Auto Click Pro.
8. Charges
Auto Click - Auto Click Pro is provided on free basis. Once you download Auto Click - Auto Click Pro, you’ll have access to its basic features.
Access to some services and/or additional features within Auto Click - Auto Click Pro requires paid subscriptions. The full list of Premium options and pricing is provided on Auto Click - Auto Click Pro’s page. You will have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before the end of the free trial period. When you cancel your subscription, you will still have access to basic functions of Auto Click - Auto Click Pro. Premium options are available during the whole free trial period.
You can choose different subscription options. Prices are in U.S. dollars and may vary in countries other than the U.S. You will have all necessary information about your subscription plan and duration of the free trial period on the signup screen before the purchase.
Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your iTunes Account Settings at least 24 hours before the end of the current period. Payment will be charged to iTunes Account at confirmation of purchase. No cancellation of the current subscription is allowed during active subscription period. Subscriptions are managed by you. Please note that removing Auto Click - Auto Click Pro from your device does not deactivate your subscription.
Certain services within Auto Click - Auto Click Pro may be available as an In-App Purchase.
You may be charged by your communications service provider for downloading and/or accessing Auto Click - Auto Click Pro on your mobile phone or tablet device, so you should check the terms of agreement with your operator. This may include data roaming charges if you do this outside your home territory. All these charges are solely your responsibility. If you do not pay the bills related to your mobile phone or tablet device, then we assume that you have the permission from the person that does it before incurring any of these charges.
9. Third party websites and resources
Auto Click - Auto Click Pro may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from Auto Click - Auto Click Pro exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them.
You acknowledge that you must comply with applicable third-party terms of agreement when using Auto Click - Auto Click Pro. You are solely responsible for and bear all risks arising from your use of any third-party websites or resources.
If you have any queries, concerns or complaints about such third-party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third-party website or mobile application.
10. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF Auto Click - Auto Click Pro AND ITS SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN Auto Click - Auto Click Pro ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR BREACHES OF INDIVIDUAL’S PRIVACY AS A RESULT OF YOUR MISUSE OF Auto Click - Auto Click Pro. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING A PERSON’S CONSENT FOR TRACKING WITHIN Auto Click - Auto Click Pro AND GUARANTEE THAT SUCH CONSENT IS VOLUNTARY, EXPLICIT AND UNAMBIGUOUS.
We do not give you any guarantee for the proper functionality of Auto Click - Auto Click Pro, however, if you believe that Auto Click - Auto Click Pro has not met your expectations, you may notify Apple, and Apple may refund the purchase price for Auto Click - Auto Click Pro to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Auto Click - Auto Click Pro, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO Auto Click - Auto Click Pro AND SERVICES PROVIDED BY Auto Click - Auto Click Pro. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH Auto Click - Auto Click Pro OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF Auto Click - Auto Click Pro AND ITS SERVICES IN ANY COUNTRY.
Apple is not responsible for addressing your claims relating to Auto Click - Auto Click Pro or your possession and/or use of Auto Click - Auto Click Pro, including, but not limited to: (i) product liability claims; (ii) any claim that Auto Click - Auto Click Pro fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
12. Legal compliance
You must represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
13. Third party beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries are the third-party beneficiaries of the present end-user license agreement, and that upon your acceptance of the terms and conditions of the present Terms of Use and
Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use and EULA as a third party beneficiary thereof.
14. Termination
We reserve the right to terminate this Agreement at any time at its sole discretion for any reason.
Upon any termination (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of Auto Click - Auto Click Pro.
15. Severability
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to become legal, invalid or unenforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
16. Contact information
We reserve the right to respond to user support requests. If you want to submit a support request or have any questions about this Agreement or Auto Click - Auto Click Pro, please contact us using our email lxw1990mail@gmail.com