Terms of Service
These Terms and Conditions (the "Agreement") constitute a legally binding agreement between you and us and govern your use of our App. Please read these Terms and Conditions carefully before using or engaging with the Services. By downloading and using the App, you agree that you have read, understood, and agree to be bound by all of these Terms and Conditions of Use. If you do not agree to all of these Terms and Conditions, you are expressly prohibited from using the App and must immediately cease access to the App. Continued use of the App will be deemed acceptance of these Terms and Conditions.
1. Limited License to the App
Subject to the terms and conditions of this Agreement, we grant you a personal, limited, non-exclusive, and non-transferable license to install and use the App on any iOS or Android-based device (including, without limitation, iPad, iPhone, or iPod touch) that you own or control for your personal purposes and in compliance with the Usage Rules set forth in the Apple App Store Terms of Service (the "Usage Rules") or the Google Play Store Terms of Service. This license does not permit you to use the App on any device that you do not own or control, and you may not distribute or make the App available over a network where it may be used by multiple devices simultaneously. This License does not grant you the right to receive from us hard copy documentation, support, telephone assistance, or enhancements or updates to the App, and Apple and Google have no obligation to provide any maintenance and support services with respect to the App. The terms of this License will govern any upgrades we provide that replace or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
2. Use of Our Services
2.1 Restricted Use. You agree not to: (a) copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license or otherwise exploit for any commercial purpose all source code, databases, functionality, designs, audio, video, text, photographs and graphics on the App (collectively, the “Content”) and the trademarks, service marks and logos contained therein (the “Trademarks”) unless otherwise indicated. We reserve all rights not expressly granted to you in the App, Content, and Trademarks; (b) develop or use any third-party application that interferes with or disrupts the operation of our App, including any script designed to collect or extract data from our App, without our written permission; (c) use the App for any illegal or unauthorized purpose, or encourage, promote, or engage in any activity that is in conflict with this Agreement; (d) use the App as part of any effort to compete with us or otherwise use the App and/or Content for any revenue-generating endeavor or commercial enterprise; (e) remove or delete the copyright or other proprietary notices from any Content; (f) upload or transmit (or attempt to upload or transmit) any viruses, malicious code, worms, or any software designed to interfere with any party's uninterrupted use and enjoyment of the App or to modify, impair, disrupt, alter the use, features, functions, operation, or maintenance of the App; g) interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App; (h) attempt to bypass any measures on the App designed to prevent or restrict access to the App or any portion of the App; and (i) deceive, defraud, or mislead other users.
2.2 Grant of Rights. Subject to the terms and conditions of this Agreement, you are granted a personal, non-exclusive, non-transferable and non-sublicensable license and right to access and use the Application.
2.3 Ownership. Unless otherwise indicated, we own all rights and interests in the worldwide intellectual property rights and in the Application, including any features, content, trademarks, service marks and logos contained in the Application. The Application is provided to you on a license basis, not a sale.
3. User Content
3.1 Definitions. Our Services allow you and other users to create and share (“provide”) content, including photos, videos and other materials (collectively, “User Content”).
3.2 Warranties. When you provide any User Content, you hereby represent and warrant that: (1) you are solely responsible for controlling, maintaining and protecting all User Content that you provide through the Application or otherwise process. You are solely responsible for all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that would make you or any third party personally identifiable. (2) You are the creator and owner of the Work or otherwise have the necessary licenses, rights, consents, releases, and permissions to use and authorize us to use your Work in any manner contemplated by the Application and this Agreement.
3.3 Prohibited Content. You agree to comply with any and all applicable local, state, national, and foreign laws and regulations that apply to your use of the Application and User Content. You may not infringe, misappropriate, or violate any contract, intellectual property, trademark, trade secret, moral right, or other third-party right. You may not provide User Content that: (1) is obscene, lewd, lascivious, filthy, violent, harassing, libelous, defamatory, or otherwise objectionable (as determined by us); (2) contains or depicts sexual acts or explicit or pornographic material; (3) violates any federal or state law regarding child pornography or intended to protect the health or well-being of minors; or (4) is unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
3.4 License Grant. By using the corresponding features of the App, you hereby grant us a
non-exclusive, worldwide, royalty-free, sublicensable and transferable right and license to use, reproduce, modify, adapt, prepare derivative works based thereon, perform, display,
publish, distribute, transmit, broadcast and otherwise exploit your User Content to the extent and for the purposes necessary to operate the App and apply its features.
3.5 Feedback. You may choose or we may invite you to provide feedback, including but not limited to how to improve the App. You hereby grant us a worldwide, royalty-free, irrevocable, perpetual license to use, incorporate or otherwise exploit any of your ideas and information in any manner we see fit. You agree not to submit any confidential or proprietary information to us.
3.6 Storage. We have no obligation to store any User Content you provide unless we expressly agree in writing. We assume no responsibility for the deletion or failure to store or transmit any User Content.
3.7 Compliance Audit. We reserve the right to audit your User Content directly related to this Agreement without notice at our sole discretion to verify your compliance with the terms and conditions. We may remove or modify your User Content at any time, for any reason, and in our sole discretion, without notice, when we reasonably believe that your User Content conflicts with the terms and conditions of this Agreement.
4. App Updates/Termination
4.1 We have the right to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the App, including, without limitation, content or functionality, for any reason, in our sole discretion, without notice to you. We may also impose limits on certain features and services, or restrict your access to part or all of the App, with or without notice or liability. We may from time to time make updates or upgrades to the App available via software download or otherwise. Such downloads may occur automatically, without any action on your part, or may require you to manually download the update or upgrade from the same source from which you originally downloaded the App. Certain features of the App may be modified or discontinued as a result of any such updates or upgrades, and may not work if you do not download all updates and upgrades made available by us or others.
4.2 The App may contain information about our or other products or services. This information is accurate as of the date the App is made available for download to you. Such information about our or other products or services may be updated from time to time, including, without limitation, when the App may be updated or upgraded. You should check periodically to see if there are updates or upgrades to the App available for download.
4.3 You agree that we may terminate your use of the App, and/or exercise any other available remedies, with or without notice to you, if we reasonably believe that you have breached or failed to comply with the letter or spirit of this Agreement, or have violated the rights of us or any third party, or for any reason. You agree that we will not be liable to you or any third party for any such breach.
Any other third party software, services, acts or omissions related to the App.
5. Third Parties
5.1 App Stores. You acknowledge and agree that: (1) the availability of the App is dependent on the third party from which you licensed the App, such as the Apple App Store (the “App Store”); and (2) this Agreement is between you and us, not with the App Store. We, not the App Store, are solely responsible for the App and its content, maintenance, support services, and warranty, and for addressing any claims related thereto (e.g., product liability, legal compliance, or intellectual property infringement); (3) pay all fees, if any, charged by the App Store for the App; (4) comply with, and your license to use the App is conditioned upon your compliance with, all terms of the Agreement imposed by the applicable App Store when using the App; and (5) the App Store (and its subsidiaries) are third-party beneficiaries of this Agreement and have the right to enforce this Agreement.
5.2 Third-Party Services. If you connect our App to a third-party service, you agree to allow us to access and use your information stored in the third-party service in accordance with your settings on that service. We are not responsible for your use of any third-party service or any information that the third-party service shares with us. We have no obligation to review, examine, and do not approve, encourage, or make any representations or warranties with respect to third-party services. You are solely responsible for your use of any third-party services.
6. Disclaimer
The Services are provided on an "as is" and "as available" basis, with all faults. We make no representations, warranties, conditions or guarantees that: (A) the Service will be error-free or will in any way meet your requirements; (B) the Service will be uninterrupted; and/or (C) the Content will be accurate, complete, reliable, legal or
non-infringing. Any tutorials provided are for your reference only and you may not use them for any academic, vocational or professional certification.
Notices. All notices required to be given to us under this Agreement shall be sent by email to asaiza@outlook.com