Updated at 2023-04-08
End User License Agreement (EULA) for PomodoroPro Application, as well as any supplementary agreements, order forms, exhibitions, schedules, appendices, and amendments (collectively referred to as the "Agreement"), constitute a legally binding agreement between you (the end user of PomodoroPro website, mobile application, product, service, software, and accompanying documentation, collectively referred to as "Service") and any entity represented by you ("You," "Your") and PomodoroPro app and its affiliated companies (collectively referred to as "PomodoroPro app," "We" or "Our").
By accessing and placing an order with PomodoroPro, you acknowledge that you agree to and are bound by the terms of service contained in the following "Terms and Conditions." These terms apply to the entire website and any email or other type of communication between you and PomodoroPro.
In no event shall the PomodoroPro team be liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to data or profit loss, even if the PomodoroPro team or authorized representative has been advised of the possibility of such damages. If you use any material from this website that results in the need to service, repair, or correct equipment or data, you will assume any related costs.
PomodoroPro is not responsible for any consequences that may arise from the use of our resources. We reserve the right to change prices and revise the policy for resource usage.
You agree that you will not, and will not allow others to:
Authorize, sell, rent, lease, distribute, transfer, host, outsource, disclose, or otherwise commercially exploit the Application or make the Platform available to any third party.
Modify, create derivative works, disassemble, decrypt, decompile, or reverse engineer any part of the Application.
Remove, alter, or obscure any proprietary notices (including any copyright or trademark notices) of Themely or its affiliates, partners, suppliers, or licensors.
The Application may include in-app purchases that allow you to purchase products, services, or subscriptions.
More information on how to use your device to manage in-app purchases may be outlined in the app store's own terms and conditions or in the help settings of your device.
In-app purchases can only be used within the Application. Once you initiate the download of an in-app purchase, it cannot be canceled. In-app purchases are non-refundable and non-transferable for cash or other consideration.
If any in-app purchase fails to download or does not work properly after successfully downloading, we will investigate the issue upon discovering the fault or after you notify us of the fault. We will reasonably determine whether to provide you with a replacement in-app purchase or issue a patch to fix the fault. In any case, we will not charge you for replacing or fixing the in-app purchase. If we cannot replace or fix the relevant in-app purchase or do so within a reasonable time and without causing significant inconvenience to you, we will authorize the app store to refund you the corresponding in-app purchase fee. Alternatively, if you wish to request a refund, you can directly contact the app store.
You acknowledge and agree that all billing and transaction processes are handled by the app store where you downloaded the Application and are subject to the app store's own terms and conditions.
If you encounter any payment-related issues with in-app purchases, you need to contact the app store directly.
The service or certain parts of the service are only available through a paid subscription. Depending on the subscription plan type you choose when purchasing a subscription, you will be charged on a periodic basis (e.g., daily, weekly, monthly, or yearly) in advance.
At the end of each period, your subscription will automatically renew under the exact same conditions unless you cancel your subscription or the company cancels it.
You can cancel your subscription renewal by accessing your account settings page or contacting the company. You will not receive a refund for any fees paid for the current subscription period and you will be able to access the service until the end of your current subscription period.
If the subscription was made through an in-app purchase, you can cancel the subscription renewal through the app store.
You are responsible for providing the company with accurate and complete billing information, including full name, address, state, zip code, telephone number, and valid payment method information.
If automatic billing fails for any reason, the company will issue an electronic invoice indicating that you must make a manual payment by the due date to correspond to the billing period indicated on the invoice.
If the subscription was made through an in-app purchase, all billing is handled by the app store and is governed by the app store's own terms and conditions.
The company may decide and modify the subscription fees at any time. Any subscription fee changes will take effect at the end of the current subscription period.
The company will provide you with reasonable advance notice to inform you of any subscription fee changes and provide you with an opportunity to terminate your subscription before such changes take effect.
By continuing to use the service after the subscription fee change takes effect, you agree to pay the modified Subscription fee amount.
Except as required by law, paid subscription fees are non-refundable.
The company may consider refund requests for certain subscriptions and will decide in its sole discretion whether to approve a refund.
If the subscription was purchased through an in-app purchase, the app store's refund policy will apply. If you wish to request a refund, you can directly contact the app store.
Themely reserves the right to modify, suspend, or permanently discontinue any applications or services connected to it, with or without prior notice to you, and without any liability to you.
Themely may from time to time provide enhancements or improvements to the functionality/features of the application, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”).
Updates may modify or delete certain features and/or functionalities of the application. You agree that Themely has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the application.
You further agree that all Updates will be deemed part of the application and will be subject to the terms and conditions of this Agreement.
We may display, include, or provide third-party content (including data, information, applications, and other products or services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that Themely is not responsible for any Third-Party Services (including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect). Themely shall not be liable or responsible for any liability or damage to you or any other person or entity for any Third-Party Services.
Third-Party Services and links are provided solely for your convenience and entirely at your own risk and are subject to the terms and conditions of the third party.
If you are a copyright owner or the owner's agent and believe that any material on our application constitutes an infringement of your copyright, please contact us with the following information: (a) the physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (c) your contact information, including your address, telephone number, and an email address; (d) a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You agree to indemnify and hold Themely and its parent, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your: (a) use of the application; (b) breach of this Agreement or any law or regulation; or (c) infringement of any third party right.
The application is provided to you on an "as is," "as available," and "with all faults" basis, without any warranties of any kind. To the fullest extent permissible under applicable law, Themely represents and warrants for itself and its affiliates and each of their respective licensors and service providers expressly disclaim all warranties, whether statutory, express, or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties arising from a course of dealing usage, or trade practice. Without limiting the foregoing, Themely does not represent or warrant that the application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free or that any errors or defects can or will be corrected.
The foregoing exclusions and limitations may not apply to you to the extent that applicable law does not allow the exclusion or limitation of implied warranties or the limitation of liability for consumers or other rights granted by applicable law.
The application and all its content, features, and characteristics (including but not limited to all information, software, text, displays, images, videos, and audio, as well as their design, selection, and arrangement) are owned by PomodoroPro, its licensors or other providers of such material, and are protected by US and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No part of this material may be reproduced, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the prior written permission of PomodoroPro, except as expressly provided in these terms and conditions. Any unauthorized use of this material is prohibited.
If you and Themely cannot resolve any dispute through informal negotiations, any other effort to resolve disputes will be entirely through arbitration, as described in this section. You waive the right to litigate (or participate in as a party or class member) any dispute in court before a judge or jury. Disputes shall be arbitrated in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the rights or property of the parties until the arbitration is completed. Any and all legal, accounting, and other costs, fees, and expenses incurred by the prevailing party shall be borne by the losing party.
PomodoroPro may occasionally include contests, promotions, sweepstakes, or other activities ("Promotions") that may require you to submit material or information about yourself. Please note that all Promotions may be governed by separate rules that may include certain eligibility requirements, such as age and geographic restrictions. You are responsible for reading all Promotion rules to determine whether you are eligible to participate. If you participate in any Promotions, you agree to comply with and abide by all Promotion rules.
Additional terms and conditions may apply to the purchase of services or goods, which are incorporated into this Agreement by reference.
PomodoroPro is not responsible for any inaccuracies in any content, code, or other materials and does not provide any warranties or guarantees.
In no event shall PomodoroPro be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in contract, negligence, or other tortious action, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.
The Service and its contents are provided "as is" and "as available" without any express or implied warranties or representations of any kind. PomodoroPro specifically disclaims all warranties and representations, whether express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, or non-infringement, with respect to the Service, any content transmitted through the Service or any products or services made available through the Service.
Any oral or written advice or information provided by PomodoroPro or any of its affiliated companies, employees, officers, directors, agents, or other representatives do not constitute warranties. Price and availability information may change without notice.
Unless otherwise required by applicable law, the laws of the country will govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
If you have any concerns or disputes about the Service, you agree to first attempt to resolve the dispute informally with the Company.
If you are an EU consumer, you may benefit from any mandatory provisions of the law of the country where you reside.
If you are a United States federal government end user, our Service is a "Commercial Item," as that term is defined in 48 C.F.R. §2.101.
You represent and warrant that (i) you are not located in a country that is subject to U.S. government sanctions or designated as a country that supports terrorism by the U.S. government, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be changed and interpreted to achieve the objectives of that provision to the greatest extent possible under applicable law, and the remaining provisions will remain fully valid.
The failure to exercise a right or require performance of an obligation under these Terms will not affect a party's right to exercise that right or require that performance at any time thereafter nor will the waiver of a breach constitute a waiver of any subsequent breach.
If we provide a translation of these terms and conditions in a language other than English, you agree that in the event of a dispute, the original English text shall prevail.
We reserve the right to modify or replace these terms at any time at our sole discretion. If we make material revisions to the terms, we will make reasonable efforts to notify you at least 30 days before any new terms take effect. What constitutes a material change will be determined at our sole discretion.
Your continued access or use of our services after these revised terms become effective constitutes your agreement to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and services.
Contact Us
If you have any questions, please feel free to contact us.
By email: LineLinkEra@gmail.com