Before using the Application (hereinafter referred to as the "Application"), it is essential that you thoroughly read and understand these Terms of Service. Your utilization of the Application indicates your acceptance and commitment to comply with these terms, along with our Privacy Policy and any referenced terms. If you do not agree with these terms, please refrain from accessing or using our Application.
It is important to note that Section 15 stipulates individual arbitration as the method for resolving disputes, superseding jury trials or class actions.
For users of our Apps or Services who make payments through credit, debit, or other auto-renewal methods, be aware that your subscription will automatically renew unless canceled before the end of the term. Please refer to Section 5 for specific details regarding subscription renewal.
By accessing the Service, you are agreeing on behalf of yourself or those you represent (“you”) to comply with and be legally bound by these Terms in their entirety.
These Terms constitute a legally binding agreement (the “Agreement”) between you and our company (hereinafter referred to as "we", "us", "our"), a company registered under the laws of the State of Florida, USA. An authorized reseller, incorporated under the laws of the Republic of Cyprus, acts as the authorized reseller, contracting entity, and Merchant of Record for the Service. All payments for the Service are collected and processed by the authorized reseller, and users enter into a purchase contract with the authorized reseller for payment and billing purposes.
If you do not agree with any part of these Terms, you may not use our Services.
1.1. These Terms of Service (the "Agreement") define the legal relationship between users and our company, including its subsidiaries and affiliates ("we," or "us"). This encompasses the use of the Application and website, collectively referred to as the "Service." We may provide services, products, and features through our sites and applications (including Mobile Software available via our Apps on the App Store (apple.com)), and downloadable products. We may add services, or products, or alter the Service, with this Agreement applying to all such changes, unless noted. We reserve the right to halt any part of the Service, and you acknowledge we aren't liable for such changes.
1.2. Accessing particular components of the Service may require additional terms ("Additional Terms"), which are either included in this Agreement or presented during the registration or use of the Service. All Additional Terms are integral to this Agreement by reference. All individuals utilizing the Service, regardless of registration status, are deemed "users." Registration designates you as a "Member."
2.1. We retain the right to amend this Agreement and any Service policy or guideline at our sole discretion. Notification of such modifications will be made by posting the revised Agreement on the Sites.
2.2. The date of the last update is specified at the top of the page. For non-subscribing users or Members, alterations or modifications take effect immediately upon posting to the Sites. Continued use after posting constitutes acceptance. Subscribers are bound by the existing Agreement until renewal, as per Section 6. Renewal or ongoing use implies acceptance. Terminating the subscription and using the Service post-termination also implies acceptance. It is advisable to regularly review this Agreement and related terms to stay informed about the Service's applicable terms and policies. If you disagree with the amended terms, discontinue the use of the Service.
3.1. To access the Service, your agreement to receive crucial information electronically from us is mandatory. You consent to receiving this Agreement, notices, disclosures, policies, and other materials ("Electronic Records") in electronic form, adhering to The Electronic Signatures in Global and National Commerce Act. This consent covers all necessary communications.
3.2. Electronic Records will be available on our Sites and apps or sent to your profile's associated email. If you encounter issues accessing, downloading, or printing Electronic Records, communicate with us in writing at the provided address. Revoking consent for Electronic Records deactivates your account, as the Service requires such consent. Contact us in writing for a paper copy, subject to reasonable printing and sending fees that may apply.
4.1. You agree to use the Service and post content in line with this Agreement and all relevant laws.
4.2. You accept all usage risks.
4.3. Profile Security: You're accountable for profile confidentiality, including username and password. You're liable for all activities under your profile, including Paid Service purchases. Notify us of unauthorized use or breaches. We aren't responsible for username/password theft.
4.4. Personal Use: Only use the Service for personal, non-commercial purposes. No transferring usage rights to others or commercial endeavors.
4.5. User Conduct: We aren't liable for user conduct, whether related to the Service or not. You acknowledge using the Service at your own risk.
You shall not:
Use the Service unlawfully or in a way that harms or violates others' rights.
Partake in harassing, obscene, threatening, or predatory behavior.
Disrupt, damage, disable, overburden, impair, or interfere with others' use of the Service.
Deceive or defraud other users.
Share personal info without permission or collect such data unlawfully.
Engage in illegal activities or gambling.
Employ scripts, bots, or automated tech to access the Service.
Participate in phishing or trolling.
Attempt unauthorized access to any part of the Service.
4.6. To report violations of this Agreement by others, use the provided link on the Service or contact us through the designated contact method.
4.7. You understand and agree that if we, at our sole discretion, believe you violated this Agreement, misused the Service, or acted inappropriately, unlawfully, or unsafely, we may investigate, take legal action, terminate your profile, cancel subscriptions, memberships, or report violations to authorities.
5.1. Access to enhanced features (hereinafter – "Paid Services") of the Service requires an active subscription ("Premium Subscription") or a one-time payment, if applicable. You agree to pay all applicable fees and charges (including taxes) for the Paid Services you purchase.
Crucially, payments for the Service are collected and processed by the authorized reseller, a company incorporated under the laws of the Republic of Cyprus, acting as the authorized reseller and merchant of record on our behalf. Consequently, the name of the authorized reseller will appear on your bank and credit card statements.
5.2. You can purchase Paid Services through two primary methods:
Directly from Us (Web): Using various payment methods we accept (e.g., credit/debit card, mobile payment). By providing your payment details, you authorize us and our payment processors to store this information and charge you for the selected services. You are responsible for providing accurate and up-to-date billing information and notifying us promptly of any changes.
Via Third-Party Accounts (App Stores): Through platforms such as the Apple App Store, Google Play, or Amazon. In this case, billing and subscription management are governed by the terms and policies of the respective third-party platform.
You agree that in case of non-payment, you are responsible for reimbursing us for collection costs and interest on overdue amounts.
5.3. Unless explicitly stated otherwise, subscriptions automatically renew at the end of the current billing period for the same duration (e.g., 7 days, one month, one year).
You will be charged the renewal fee no earlier than 24 hours before the beginning of the next billing period.
The renewal fee remains the same as the initial subscription cost, unless we notify you of a price change at least 10 days before the renewal date.
You consent to the automatic renewal charge being applied to your selected payment method unless you cancel your subscription before the new term begins.
Please Note: Your subscription may auto-renew and charge without further notice, except where required by applicable law.
5.4. We may periodically offer free trials or promotions. To avoid automatic charges for a paid subscription after the trial period ends, you must cancel your subscription according to Section 5.5 before the trial period is completed. Any unused portion of a free trial period may be forfeited if you purchase a paid subscription before its expiration.
5.5. You may cancel your subscription at any time. Cancellation will take effect after the current paid term ends and prevents further auto-renewals and charges.
Subscriptions Purchased via Third-Party Accounts (App Store, Google Play): You must cancel the subscription directly through your account settings on the respective third-party platform, following their terms. Deleting the App from your device does not cancel your subscription.
Subscriptions Purchased Directly from Us (Web Subscriptions): You can cancel your subscription by following the instructions on your profile settings page or by visiting the designated cancellation link.
5.6. As a general rule, fees for Paid Services are non-refundable, except as expressly stated in this Agreement or as required by applicable law.
Refunds for Third-Party Account Purchases: All refunds for purchases made through the Apple App Store, Google Play, or other third-party platforms are processed exclusively by those platforms and are subject to their respective refund policies. We do not control or process such refunds.
Consumption Data Sharing for Apple Refunds: In the event a customer requests a refund for a purchase made via the Apple App Store, Apple may initiate a request for usage information from our servers (a “Consumption Request”) to assist their refund decision. To the extent the customer has provided the required explicit consent we may share limited consumption information with Apple (such as transaction ID, timestamps, consumption status, and usage counters) for the sole purpose of assisting Apple in reviewing and processing your refund request.
Refunds for Web Subscriptions: Refunds for purchases made directly from us are governed solely by our Refund Policy. Please note that refund requests must generally be made during the active subscription period.
6.1. Please refer to our Privacy Policy for comprehensive information on how we collect, utilize, store, and share personally identifiable user information.
7.1. The Service, excluding your User Content, includes elements like software, images, text, logos, trademarks, copyrights, and other materials (the "Proprietary Materials"), all owned by us and our licensors. User Content from other users also falls into this category. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights of ours.
8.1. You are granted a limited, non-sublicensable license to use the Service under this Agreement. However, you are prohibited from copying, modifying, distributing, performing, or engaging in any reverse engineering on the Proprietary Materials or the Service. The use of automated methods to create accounts or access the Service is also strictly forbidden. Any use of the Service or Proprietary Materials beyond what is expressly authorized herein, without the prior written consent of us, is in violation of this Agreement and will result in the termination of the granted license. Such unauthorized use may also breach applicable laws, including, but not limited to, copyright and trademark laws, as well as relevant communications regulations and statutes. Unless explicitly stated in this Agreement, nothing herein should be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. We reserve all rights not expressly granted in this Agreement with respect to the Service and the Proprietary Materials. Note: This license is subject to revocation at any time and does not confer any intellectual property rights beyond what is explicitly stated.
9.1. Copyright Infringement Notice: If you believe content on the sites infringes your copyrights, you can submit a notification under the Digital Millennium Copyright Act ("DMCA"). Send this information to our Copyright Agent:
An authorized person's signature
Description of the infringed copyrighted work
Location of the infringing material on our website (include URLs)
Your contact details: address, phone, email
Your statement that the disputed use isn't authorized
A statement under penalty of perjury that the info is accurate and you're the copyright owner or authorized representative
9.2. Legal Consequences: It's important to be accurate. If you knowingly make a false claim about online material infringing, you could face criminal charges for perjury and civil penalties, including financial damages, court expenses, and legal fees.
10.1. The trademarks or service marks, including our logos, trade names, and slogans within the Service, are the exclusive property of us, our partners, or licensors. Unauthorized use without prior written permission is strictly prohibited. The overall appearance and aesthetic of the Service, encompassing graphics, icons, and scripts, are protected and may not be copied or imitated without express permission. Any other trademarks mentioned belong to their respective owners. The mention of products, services, or information does not imply endorsement by us.
11.1. Third-Party Content: We provide Third Party Content and links as a service, but does not exercise control, endorsement, or adoption of such content. The accuracy or completeness of Third Party Content is not guaranteed, and we assume no responsibility for its updating or review. Your use of Third Party Content is undertaken at your own risk.
11.2. Ads and Promotions: The Service may include third-party ads, promotions, or information about products/services. Any transactions or interactions with third parties are solely between you and them. We do not assume responsibility for third-party features, content, or materials. We disclaim liability for any losses arising from such transactions or third-party content on the Service.
12.1. Mobile Software: We may offer Mobile Software to access the Service. Your device must be compatible, though compatibility isn't guaranteed. You're granted a non-transferable license to use the Mobile Software on your personal device for your account. Upgrades may occur, and their terms apply.
12.2. iTunes/App Store Software: For Mobile Software obtained from iTunes or the App Store, the following conditions apply: ("Store-Sourced Software"):
You acknowledge this Agreement is between you and us, not Apple, for Store-Sourced Software. Apple has no responsibility for it. You must follow the App Store Terms of Service for the Store-Sourced Software.
Apple isn't required to provide support for the Store-Sourced Software. Any warranty issues will be addressed by us, not Apple.
Apple isn't responsible for any claims or liabilities related to the Store-Sourced Software, including legal requirements or consumer protection.
If a third party claims the Store-Sourced Software infringes their intellectual property rights, we, not Apple, will handle the claim.
Apple and its subsidiaries are third-party beneficiaries of this Agreement regarding your Store-Sourced Software license. They can enforce this Agreement as a third-party beneficiary.
When using Store-Sourced Software, you must comply with applicable third-party terms of the agreement.
12.3. No Support: This Agreement doesn't provide you with hard-copy documentation, support, telephone assistance, maintenance, or updates for the Mobile Software from us, our licensors, or Apple.
12.4. Export Controls: You can't download or export the Mobile Software to countries under US embargo or "terrorist supporting" designations. You also can't provide it to individuals on certain US Government lists. By using the Mobile Software, you confirm compliance with these restrictions and all related laws.
12.5. Users Outside the U.S.: If you're using the Mobile Software outside the U.S., you agree to this: (i) English language usage; (ii) compliance with local laws; and (iii) adhering to any required regulations or procedures for enforceable licensing.
12.6. Injunctive Relief: If you breach or threaten to breach Section 12, we can seek injunctive relief in addition to other remedies, as money damages may not be sufficient to address the harm caused.
13.1. We provide the Sites, Proprietary Materials, and the Service "as is" and "as available." We disclaim all warranties, whether express, implied, or statutory, including but not limited to merchantability, accuracy, fitness for a particular purpose, and non-infringement.
13.2. We do not guarantee secure, uninterrupted, or error-free use of the Service, nor do we guarantee that defects will be corrected. We are not liable for issues related to connectivity, availability, or message delivery. Viruses and harmful components are disclaimed.
13.3. We are not obligated to verify users' identities or monitor their use of the Service. Therefore, we are not liable for your interactions with others or for identity theft.
13.4. We do not ensure the accuracy, completeness, or usefulness of information, nor do we endorse user conduct or third-party content. We are not liable for any losses arising from user conduct or reliance on information.
13.5. In some jurisdictions, these disclaimers may not apply due to consumer protection laws.
14.1. We, our affiliates, directors, members, employees, or agents are not liable for special, consequential, or indirect damages, such as loss of use, profits, or data. This limitation applies whether the damages are based on contract, tort (including negligence), or other causes, and whether they result from using or being unable to use the Service or Proprietary Materials. It includes damages arising from reliance on our information, mistakes, interruptions, viruses, and more. In any case, our total liability is limited to the greater of fees paid for any Paid Service in the last six months or $100.
14.2. We are not liable for damages related to your or others' conduct using the Service. This includes bodily injury, emotional distress, and identity theft arising from interactions with other users. Claims arising from users' false pretenses or attempts to defraud or harm you are also excluded.
14.3. Depending on your location, these limitations on liability might not apply to you due to consumer protection laws.
15.1. Mandatory Arbitration. Please read this Section carefully. YOU AND US, AND EACH OF OUR RESPECTIVE AGENTS, CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND ASSIGNS, AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE, UNLESS YOU ARE LOCATED IN A JURISDICTION THAT PROHIBITS THE EXCLUSIVE USE OF ARBITRATION FOR DISPUTE RESOLUTION. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
15.2. Commencing Arbitration. A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to us, via any other method available to us, including via e-mail. The Notice to us must be addressed to us, Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the "Demand"). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, then you or we may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE AMERICAN ARBITRATION ASSOCIATION ("AAA") WILL ADMINISTER THE ARBITRATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "Rules"), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at http://www.adr.org. If you are required to pay a filing fee to commence an arbitration against us, then we will promptly reimburse you for your confirmed payment of the filing fee upon our receipt of a Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
15.3. Arbitration Proceeding. The arbitration will be in English. A single independent and impartial arbitrator with his or her primary place of business in California, USA will be appointed pursuant to the Rules, as modified herein. You and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration will be conducted online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award the arbitrator renders may be entered in any court of competent jurisdiction.
15.4. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU AND US AGREE THAT YOU AND US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
15.5. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the California State, USA in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce.
15.6. Equitable Relief. The foregoing provisions of this Section 15 do not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents. For the avoidance of doubt, however, you acknowledge that in the event we or a third party breaches this Agreement, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against us, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.
15.7. Claims. You and we agree that, notwithstanding any other rights a party may have under law or equity, any cause of action arising out of or related to this Agreement or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
15.8. Improperly Filed Claims. All claims you bring against us must be resolved in accordance with this Section. All claims filed or brought contrary to this Section will be considered improperly filed. Should you file a claim contrary to this Section, we may recover attorneys' fees and reimbursement of its costs, provided that we have notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
15.9. Modifications. In the event that we make any future change to the "Mandatory Arbitration" paragraph set forth above (other than a change to our Arbitration Notice Address), you may reject any such change by sending us written notice within thirty (30) days of the change to our Arbitration Notice Address, in which case your account with us and your license to use the Service will terminate immediately. This Section, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.
15.10. Enforceability. If only the "No Class Actions" paragraph above or the entirety of this Section 15 is found to be unenforceable, then the entirety of this Section 15 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 16 will govern any action arising out of or related to this Agreement.
16.1. The laws of the state of California, USA, without considering its conflict of law principles, govern this Agreement and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. If any legal action related to a dispute arising from this Agreement is allowed to be brought before a court of competent jurisdiction, that action will be filed exclusively in the state or federal courts located in California, USA, and you consent to the personal jurisdiction of such courts.
17.1. We may terminate or suspend your access to the Service at any time, without prior notice, if we determine that you have violated any provision of these Terms, engaged in fraudulent or unlawful activity, or for any other reason in our sole discretion. Upon termination, your right to use the Service will immediately cease.
17.2. You may terminate your account and access to the Service at any time by following the instructions provided within the Service. Termination of your account will not affect any obligations you may have incurred prior to termination, including payment obligations.
18.1. These Terms, together with our Privacy Policy and any Additional Terms, constitute the entire agreement between you and us regarding your use of the Service, superseding all prior or contemporaneous agreements, communications, and understandings.
18.2. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
18.3. We may assign these Terms or any of our rights and obligations hereunder to any third party at our sole discretion. You may not assign these Terms without our prior written consent.
18.4. No waiver of any provision of these Terms will be deemed a further or continuing waiver of such provision or any other provision.