PLEASE, READ THESE LICENSE AGREEMENT (THE “TERMS”) CAREFULLY BEFORE USING KEGEL UP SERVICE(S) (THE “APP”), PROVIDED BY VAKU APPS. BY USING KEGEL UP SERVICE(S) YOU AGREE TO BE BOUND BY THE (1) TERMS OF USE; AND (2) PRIVACY AND DATA PROTECTION POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE APP. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR RIGHT TO USE THE APP, AND ANY ACCOUNT THAT YOU MAY HAVE CREATED AS PART OF THE APP. YOU AGREE TO USE THE APP AT YOUR OWN RISK.
VAKU APPS RESERVES THE RIGHT TO REFUSE THE APP TO ANYONE FOR ANY REASON AT ANY TIME ACCORDING TO THE PROVISIONS SPECIFIED HEREUNDER.
GENERAL
1. Parties to this Agreement.
These Terms are concluded between you (the “you” or “your”) and VAKU APPS LTD registered and acting under the law of Republic of Cyprus (including its subsidiaries, affiliates, agents, and assigns) (the “VAKU APPS LTD”, “Company”, “us”, “we”), regarding your use of the App, including your use of any service(s) offered through it pursuant to provisions of these Terms (“ Kegel Up Service(s)” or “Service(s)”).
2. Changes to Terms of Use.
In order to improve the quality of Services and to comply with legal requirements, the Company may may update or amend these Terms of Use at our sole discretion and at any time without providing direct notice to you. It is your responsibility to review these Terms of Use periodically for any updates or changes. By continuing to use our Service after any such amendments are made, you acknowledge and agree to such amendments and to be bound by the updated Terms of Use. Please check the following URL for the latest version of our Terms of Use: https://sites.google.com/view/kegelup-terms-of-use/home.
Continued use of the app after any amendments to the Terms of Use, and after we have provided you notice of the amended Terms of Use, constitutes your acceptance of the new Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Services and should therefore immediately cease any use of the Services.
3. App Provider.
When you download the App through the app store or distribution platform (“App Provider”), you acknowledge and agree that: (i) these Terms are between us, and not with the App Provider, and that we are responsible for the Services, not the App Provider; (ii) the App Provider has no obligation to furnish maintenance and support services or handle any warranty claims; (iii) the App Provider is not responsible for addressing any claims you or any third party have relating to the App; and (iv) the App Provider is a third party beneficiary of these Terms as related to your use of the App, and the App Provider will have the right to enforce these Terms as related to your use of the App against you.
SERVICES
4.DISCLAIMER
THE COMPANY DOES NOT PROVIDE OR OFFER ANY FORM OF MEDICAL GUIDANCE, HEALTH INSURANCE, OR OTHER HEALTHCARE SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO, COUNSELING, TESTING, ASSESSMENTS, PRESCRIPTIONS, PROCEDURES, OR TREATMENTS PERTAINING TO EXERCISE, NUTRITION, WEIGHT MANAGEMENT, WELLNESS, OR ANY MATTERS CONCERNING THE PREVENTION, AVOIDANCE, DIAGNOSIS, OR CURE OF INJURIES, AILMENTS, DISEASES, OR CONDITIONS.
THE SERVICE MIGHT NOT BE SUITABLE FOR EVERYONE AND ISN'T A REPLACEMENT FOR PROFESSIONAL HEALTHCARE ADVICE. IT'S DESIGNED TO SERVE AS A TOOL THAT COULD ASSIST IN REACHING YOUR HEALTH AND FITNESS OBJECTIVES. YOU RECOGNIZE THAT ENGAGING IN EXERCISE ACTIVITIES COMES WITH POTENTIAL RISKS, INCLUDING THE POSSIBILITY OF INJURY OR EVEN DEATH, AND YOU ACCEPT THOSE RISKS. BEFORE UTILIZING THIS SERVICE, YOU AGREE TO ABSOLVE THE COMPANY OF ANY RESPONSIBILITY, WHETHER FORESEEN OR UNFORESEEN, RESULTING FROM YOUR USE OF THE SERVICE.
YOU SHOULD SEEK ADVICE FROM YOUR DOCTOR OR A CERTIFIED HEALTHCARE EXPERT BEFORE DECIDING IF THE SERVICE IS SUITABLE AND SAFE FOR YOU. ACCESSING OR UTILIZING THE SERVICE CONTRARY TO MEDICAL RECOMMENDATIONS OR WHEN IT CAN ENDANGER YOUR HEALTH IS STRICTLY FORBIDDEN. IN THIS REGARD, YOU ACCEPT COMPLETE ACCOUNTABILITY FOR YOUR OWN HEALTH, SAFETY, AND WELL-BEING, AS WELL AS THAT OF YOUR FAMILY, CHILDREN (BOTH BORN AND UNBORN, WHERE RELEVANT), AND ALL FUTURE DECISIONS.
TO THE GREATEST EXTENT ALLOWED BY LAW, YOU ACKNOWLEDGE THAT WE DO NOT PROVIDE MEDICAL ADVICE THROUGH THE SERVICE. ALL CONTENT SHARED VIA THE SERVICE, WHETHER FROM US OR THIRD PARTIES (EVEN IF THEY IDENTIFY AS DOCTORS), IS NOT A SUBSTITUTE FOR (I) YOUR DOCTOR'S ADVICE OR OTHER PROFESSIONALS, (II) A DIRECT VISIT, DISCUSSION, OR CONSULTATION WITH YOUR PHYSICIAN OR MEDICAL EXPERTS, OR (III) INFORMATION FOUND ON PRODUCT LABELS OR PACKAGING. WE ARE NOT LIABLE FOR ANY HEALTH ISSUES ARISING FROM TRAINING PROGRAMS, CONSULTATIONS, PRODUCTS, OR EVENTS DISCOVERED THROUGH THE SERVICE. FOR ANY HEALTH CONCERNS, SEEK ADVICE FROM YOUR PHYSICIAN OR RELEVANT HEALTHCARE PROVIDER SWIFTLY. IN CASE OF AN EMERGENCY, CONTACT YOUR DOCTOR OR EMERGENCY SERVICES WITHOUT DELAY.
USE OF THIS KEGEL APP DOES NOT CONSTITUTE MEDICAL OR PROFESSIONAL ADVICE. IT IS ESSENTIAL TO CONSULT WITH A HEALTHCARE OR MEDICAL PROFESSIONAL BEFORE BEGINNING ANY NEW EXERCISE REGIME. THE COMPANY DISCLAIMS ANY LIABILITY ARISING FROM INAPPROPRIATE OR UNSAFE USE OF THE APP. ALWAYS PRIORITIZE YOUR HEALTH AND WELL-BEING AND SEEK PROFESSIONAL GUIDANCE IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE EXERCISES CONTAINED WITHIN THIS APP.
USING THE SERVICE DOES NOT ESTABLISH A DOCTOR-PATIENT, THERAPIST-PATIENT, OR ANY OTHER HEALTHCARE PROFESSIONAL RELATIONSHIP BETWEEN YOU AND THE COMPANY.
THE COMPANY IS NOT LIABLE FOR ANY INACCURACIES OR INCORRECT STATEMENTS REGARDING EXERCISES OR OTHER CONTENT ON THE SERVICE.
WE DO NOT GUARANTEE THE SUCCESS LEVEL YOU MIGHT ATTAIN, AND YOU ACKNOWLEDGE VARYING RESULTS FOR EACH PERSON. TESTIMONIALS AND EXAMPLES SHOWN ON THE SERVICE ARE OUTLIER OUTCOMES, NOT REPRESENTATIVE OF THE AVERAGE PERSON, AND DON'T PROMISE OR ENSURE THAT ANYONE WILL OBTAIN SIMILAR OR IDENTICAL RESULTS. PAST FITNESS OUTCOMES ARE NOT A PREDICTION OF FUTURE ACHIEVEMENTS. WE CANNOT PLEDGE YOUR UPCOMING RESULTS AND SUCCESS. MAINTAINING ANY RESULTS YOU ACHIEVE REQUIRES CONTINUED COMMITMENT TO OUR PROGRAMS.
EVERY PERSON'S HEALTH, FITNESS, AND NUTRITION OUTCOMES ARE INFLUENCED BY THEIR HISTORY, COMMITMENT, DRIVE, AND ENTHUSIASM. LIKE ALL HEALTH-ORIENTED PROGRAMS OR SERVICES, YOUR RESULTS CAN DIFFER AND ARE SHAPED BY A MULTITUDE OF FACTORS, INCLUDING BUT NOT RESTRICTED TO YOUR OWN ABILITY, PAST EXPERIENCES, GENETIC MAKEUP, INITIAL CONDITIONS, SKILL SET, AND DEDICATION LEVEL. ENGAGING WITH THE SERVICE SHOULD STEMMED FROM YOUR OWN ASSESSMENT, AND YOU CONCEDE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY SUCCESS OR SETBACK OF YOUR PHYSICAL CONDITION THAT MAY BE DIRECTLY OR INDIRECTLY LINKED TO YOUR ACQUISITION AND UTILIZATION OF THE SERVICE.
BEYOND ALL OTHER RESTRICTIONS AND DISCLAIMERS IN THESE TERMS, THE COMPANY DISCLAIMS RESPONSIBILITY OR DAMAGE RELATED TO THE CONTENT OFFERED ON THE SERVICE. IT IS ADVISED THAT YOU ENGAGE WITH YOUR PHYSICIAN AND APPROPRIATE PROFESSIONALS CONCERNING THE INFORMATION FOUND OR ACCESSED ON THE SERVICE.
To provide certain Services App may request you to consent the access to the following data within your device:
active window data;
applications use data;
system settings;
history of the applications use,
network operator;
language;
other device settings according to the default device settings.
To provide you with notifications about session, we can require your permissions:
notification runtime permission
alarm permission
These permissions are necessary to get reminders about training. Refusing such permission will prevent you from getting notifications.
Please note that you have the option to revoke or modify these permissions at any time through your device settings.
If you use the iOS version of the app, we may also request App Tracking Transparency permission to show more relevant ads and enhance your experience.
Particular Services specified hereinabove may not be available within the App unless you manually perform an action suggested by the App on a basis of the data within your device accessed by the App, e.g. disabling of active background apps, lowering the screen brightness etc.
Particular Services specified hereinabove may be not available to you as certain types/versions of the Android operating system do not provide the App with the access to the data within your device necessary for enabling the availability of such Services.
Considering the information specified above in this section, Company undertakes best possible efforts to ensure the correct functioning and operation of the App, the Services or any part thereof taking into account the provisions specified hereof.
5. Third-party Advertising.
We allow third parties to display their advertisements within the App to show you offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations Third-party advertisements may be textual, graphical, visual, audiovisual and in any other forms applied. Third-party advertisements may be limited by time or by action.
You are able to skip third-party advertisements limited by action after the compulsory time of advertisement displaying has left by clicking the skip button. Compulsory time of advertisement displaying may vary depending on the Terms between Company and third party. A Skip button may be located in any place on or near the advertisement. The Skip button may be named “Skip” or have any other relative name. You are not able to skip the third-party advertisements limited by time. Third-party advertisements limited by time end after the advertisement displaying time is over. All third-party advertisements are displayed permanently and you cannot fully disable the third-party advertisements from the App.
Third-party advertisements may be displayed every time during your use or after you have used any of the App’s options. Several third-party advertisements may be displayed in a row.
Third parties are responsible to ensure the advertisements comply with the requirements provided hereinabove. Company has no responsibility for the content or availability of third-party advertisements. You hereby agree to waive claims, demands or lawsuits arising out of, related to or connected with the third-party advertisements displayed within the App.
We use your personal data collected by a special software developer kit (like Google, Facebook) to help determine which ads to show you. We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission.
6. Details of the App.
You may download the App from App Provider where the App is available. You may download and use the App for free or upon the lump-sum payment.
Free version of the App may have certain limitations and enables the provision of Services specified hereinabove subject to displaying the third-party advertisements according to the provisions of these Terms and details specified within the App. Some features may be offered on a subscription basis or as a one-time in-app purchase for a fee. Paid version of the App may include all the functionality and enables the provision of Services specified hereinabove without displaying the third-party advertisements according to the provisions of these Terms and details specified within the App.
You can use the Services by accessing the internal functionality of the App and the information provided within the App.
7. Trial Period.
Upon a fixed payment, you may use the App for a limited test period of time for free to access certain premium features within the App, as specified in section (“Trial Period”). Terms, cost and other conditions and specifics of the Trial Period shall be specified within the App and you can access such information though accessing and using of the internal functionality of the App.
We may provide a free trial subscription for our service. Unless you cancel before the end of trial period, an automatic charge as indicated on the payment or Apple/Google payment screen will be applied for the chosen subscription plan.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICE PROVIDED DURING THE TRIAL PERIOD IS PROVIDED “AS-IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES OR INDEMNITIES.
8. Subscription.
Upon the payment of lump-sum payment, you may hereby agrees to subscribe for and purchase, and the Company would hereby agree to provide you, upon the payment of fixed price (the “Subscription Fee”), with premium features within the App specified in section the “Subscription”.
The subscription will automatically renew at the end of each billing cycle (weekly, monthly, annually, or any other interval chosen during purchase) until you decide to cancel it. You may cancel Your Subscription renewal in the appropriate Store (App Store or Google Play) at any time.
You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Pro features of the Service until the end of Your current Subscription period.
All billing is handled by App Store or Google Play and is governed by the appropriate Store’s own terms and conditions.
Terms, cost and other conditions and specifics of the different Subscription options shall be specified within the App and you can access such information though accessing and using of the internal functionality of the App. You should use the internal functionality of the App to see and check the detailed information regarding the Subscription and Subscription Fees. You should use the internal functionality of the App to subscribe. You shall proceed with the payment of Subscription Fee via cashless wire transfer or by other means specified within the App.
Subscription period starts since the moment of payment. Company may return you the Subscription Fee at your request only if you have not accessed the App/Services under the Subscription prior to your request. It is considered that you have accessed the App/Services under the Subscription if:
you have received a notification letter to your e-mail address regarding the provision of access to the App/Services under the Subscription; or
you have received an ability to access the App/Services through the App; or
you have received actual access to App/Services by any other means.
Company does not refund the Subscription Fee in case of non-use, termination of use, refusal to use the App/Services, non-use of the entire amount of Services, deletion of the App without using the Services, detection of inaccuracies and errors in the App/Services, non-compliance of the App’s/Services’ level with your expectations etc., unless otherwise specified by the Company.
ACCOUNT. YOUR USE OF THE APP
9. Registration Process. Eligibility.
Use of App does not require a registration of the account. By downloading, installation and starting using the App you confirm that you are legally permitted to use the App by the laws of your home country.
YOU RECOGNIZE AND GUARANTEE THAT YOU HAVE ALL THE APPROPRIATE RIGHTS, POWERS AND OPPORTUNITIES TO CONCLUDE AND COMPLY WITH ALL THE CONDITIONS OF THESE TERMS, AND THAT YOU WILL NOT USE THE APP IN A WAY THAT VIOLATES ANY LAWS OR REGULATIONS. NOTE THAT BY REPRESENTING AND WARRANTING, YOU ARE MAKING A LEGALLY ENFORCEABLE PROMISE.
10. Links Website and other related Services.
The App contains links to and integrations with third party services and you agree that the App provides links to and integrations with services solely as a convenience and has no responsibility for the content or availability of such services. The Company does not endorse such services (or any products or other services associated therewith). Your use of such services will be subject to the terms applicable to each such service.
11. Confidentiality.
Company agrees to keep your information strictly confidential. Without your clear written consent in prior, the Company shall not make commercial or marketing use of the information indicating the identity of you. Only if any of the following events occurs, the Company can reasonably make use of your personal information without prior consent of you:
the portrait right, name right and other civil legal rights of you have been clearly waived;
the information is used for the purpose of internal use subject to your consent to the Company Privacy and Data Protection Policy, and to the section 22 of these Terms (“Personal data processing”).
12. Services and Content Use Restrictions.
You agree that you will not engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of Сontent of the App that:
attempt to or do harm to us, the Services, including any specific functionalities of our products and/or services, or any others;
are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or
violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of the Content that violates another person’s intellectual property right, right of publicity, trade secret right, or other proprietary right;
You shall not disparage Company’s performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of Company or Company’s employees/contractors.
You shall not reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, including any specific functionalities of our products and/or services, install any software, file, or code on the Services that is not authorized by Company, or attempt to do so.
You shall not republish, sell, rent, sub-license, reproduce, duplicate, copy or redistribute material/Content from the App.
You shall not engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services.
You shall not access or collect information from the Services using automated means (such as through scripts, robots scrapers, or spiders).
You shall not use any meta tags or other “hidden text” utilizing any of our Trademarks.
You shall not interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services, any specific functionalities of our products and/or services, or its Content.
You shall not use the Services for commercial or political purposes.
You shall not take any action that:
imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;
disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party without that party’s express consent; or
otherwise violate these Terms, or solicit, encourage, or facilitate anyone else to do so.
ILLEGAL USE OF THE SERVICES WILL BE INVESTIGATED AND YOUR LIABILITY WILL BE ESTABLISHED AND REPORTED TO THE COMPETENT AUTHORITY.
LIABILITY
13. Limitation of liability.
THE COMPANY AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY SERVICES AVAILABLE FROM OR THROUGH THE APP. IN PARTICULAR, THE COMPANY AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), BREACH OF WARRANTY, TORT OR OTHERWISE; NOR ARE WE AND OUR AFFILIATES LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE.
NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER WE NOR OUR AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION OF THE APP BEYOND OUR REASONABLE CONTROL.
It is possible that other Users may post or transmit offensive or obscene materials through the App and that you may be involuntarily exposed to such offensive or obscene materials. It also is possible for others user to obtain personal information about you due to your use of the Services.
14. Disclaimer.
EXCEPT AS SPECIFICALLY PROVIDED TO THE CONTRARY IN THESE TERMS, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES TO THE USERS CONCERNING THE SPECIFIC QUALITY OF THE APP, ANY OF ITS PARTS OR ANY SERVICES OR ANY PART THEREOF PROVIDED UNDER THESE TERMS. COMPANY DISCLAIMS, WITHOUT LIMITATION, ANY WARRANTY OR GUARANTEE OF MERCHANTABILITY OR FITNESS OF THE APP, ANY OF ITS PARTS OR ANY SERVICES OR ANY PART THEREOF FOR A PARTICULAR USER’S PURPOSE, ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR FROM USAGES OF THE APP OR SERVICES BY THE USER.
THE COMPANY DISCLAIMS ALL LIABILITY FOR THE ACTS OR OMISSIONS OF OTHER USERS, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING USE OF THE SERVICES OR OTHERWISE. IN NO EVENT SHALL WORKPORT’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES EXCEED 100.00 (ONE HUNDRED 00 CENTS) USD.
THESE LIMITATIONS OF LIABILITY STATED HEREUNDER DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. NOTHING IN THIS DISCLAIMER WILL LIMIT OR EXCLUDE OUR OR YOUR LIABILITY FOR DEATH OR PERSONAL INJURY, FOR FRAUD OR FRAUDULENT MISREPRESENTATION OR LIMIT ANY OF OUR OR YOUR LIABILITIES IN ANY WAY THAT IS NOT PERMITTED UNDER APPLICABLE LAW.
LEGAL ACTION MAY BE TAKEN, INCLUDING WITHOUT LIMITATION, CIVIL, CRIMINAL, OR OTHER PROCEEDINGS.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VAKU APPS LTD, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH VAKU APPS LTD OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VAKU APPS LTD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
WARRANTY DISCLAIMER
THE APP AND SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, VAKU APPS LTD EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VAKU APPS LTD MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR
DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
15. Limited License.
Use of the App or Services does not give you any ownership of, or any other intellectual property interest in the App, any Content or the Services including any specific functionalities of our products and/or services, and you cannot otherwise use the App, Content or the Services without our express prior written permission.
All rights not expressly granted to you are reserved by us and/or our licensors and other third parties. Except as expressly provided in these Terms or with Company’s express prior written consent, no part of the Services, App and no Content may be used, copied, reproduced, distributed, uploaded, posted, publicly displayed, translated, transmitted, broadcasted, sold, licensed or otherwise exploited for any purpose whatsoever. Any unauthorized use of the App, any Content or the Services for any purpose is prohibited.
16. Ownership.
As between us and you, the App and Services, including any specific functionalities of our Services (including past, present and future versions) are owned and controlled by us and their Content is protected by the laws of Cyprus and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible.
“Content” means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation:
materials and other items relating to us and our products and services, including, without limitation, all activities, games, lesson plans, teacher trainings, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation;
trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (“Trademarks”); and
other forms of intellectual property.
DISPUTES RESOLUTION
17. Governing Law and Forum for Disputes
This Agreement, and your relationship with the app under this Agreement, shall be governed by the laws of Cyprus. However, if you are based outside the Cyprus, the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply.
In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings in the courts.
18. Restrictions.
You and the Company agree that any litigation shall be limited to the dispute between the Company and you individually. To the fullest extent permitted by law:
no litigation shall be joined with any other;
there is no right or authority for any dispute to be resolved on a class-action basis or to utilize class action procedures; and
there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
19. Exceptions to Informal Negotiations and Mandatory Litigation.
You and the Company agree that to the fullest extent permitted by law the following disputes are not subject to the above provisions concerning informal negotiations and mandatory litigation:
any disputes seeking to enforce or protect, or concerning the validity of, any of your or the Company’s intellectual property rights; and
any claim for injunctive relief.
MISCELLANEOUS
20. Contact us
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at help@vaku.app
VAKU APPS
Address: Dimostheni Severi, 21, ANNA COURT, 3rd floor, 1080, Nicosia, Cyprus;
21. No Third-Party Beneficiaries.
This Agreement is concluded between you and VAKU APPS. No user has any rights to force the Company to enforce any rights it may have against you or any other user.
22. Personal data processing.
Company collection, use and disclosure, if any, of information collected from you is detailed in the Privacy and Data Protection Policy, which is incorporated by reference and made part of these Terms. You agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy and Data Protection Policy and your choices (including settings).
23. Interpretation.
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms will not affect the way the Agreement is interpreted.
24. Enforceability and Governing Law.
The failure of the Company to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. These Terms cannot be changed or modified by you. If any provision of these Terms is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. The laws of Cyprus govern your access to, and use of, our Services and the provisions of these Terms.