These Terms and Conditions of Service (these“Terms”) set forth the terms between our company(“We” “Us” “Our”) and the users (“Users”) of any services or features provided by us.
1. Definitions
“App”means the application designed for smartphones which is provided by the Company for the Service.
2. Consent to these Terms
(1) Users shall consent to these Terms and use the Service in accordance with these Terms.
(2) Minors may use the Service only by obtaining consent from their legal guardian, such as a parent.
3. Retention of Rights
All rights in regard to the App and the Service (including, without limitation, intellectual property rights such as copyrights, trademark rights, patent rights, etc.) shall be retained by the Company or the third party licensors of such rights.
You agree to defend, indemnify and hold harmless this App and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
In no event shall this App, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have 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.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Our App, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements.
These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
8. Modification of these Terms
If you have any questions regarding these Terms, please contact us via email.