Privacy Policy and Terms of Use
·
This Privacy Policy explains who we are, how we process
(i.e. collect, record, organize, structure, store) personal information about you, and how you can exercise your
privacy rights. I am Elena Oleinik (ELENOLE), under laws of Republic of Cyprus, with registered address at:
Keryneias street 16, Kyrenia Panthea Mansions, Apartment 102, Larnaca, 7040, Cyprus (We). We develop and publish
games and mobile game applications that are made available via app stores including the Apple App Store and
Google Play Store. This Privacy Policy applies to personal information that we collect through our website,
games, mobile applications and other products (“Games”) (together “Services”). By using our Services,
you agree to be bound by this Privacy Policy and consent to our processing of information as specified
therein.
Your use of Doku Do!, Maxi Zen, Single Mother, Tile Match (Applications) shall be governed by the Terms of Use and Privacy Policy provided at this page.
The Terms of Use govern
·
the use of this Application by You, and,
·
any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant
dedicated section of this document.
This Privacy Policy explains how the data is processed via the
Application.
"This Application" refers to
·
the application for mobile, tablet and other smart device
systems, downloaded by the User from the relevant Application page in the
Application Store;
·
the Service;
·
any applications, sample and content files, source code,
scripts, instruction sets or software included as part of the Service, as well
as any related documentation;
Any reference to User refers to
You.
You must read the documents
carefully. Any refence to the User in the documents refer to You. You represent
that You are accessing this Application as a private person. This Application
is intended solely for the purpose of entertainment. No commercial use of this
Application is allowed.
By using this Application
You accept these Terms and Conditions. If You do not agree to the Terms and
Conditions and/or Privacy Policy, You may not use or
otherwise access Application.
Nothing in these Terms creates any relationship of employment,
agency, or partnership between the involved parties.
This Application is provided by the developer with whom the
Application was associated in the Application Store at the time of
downloading (the Owner).
Contact
information of the Owner and Data Controller
Please inquire directly from the
Application Store actual contract details of the developer and publisher of
this Application in the Application Store, where You downloaded this
Application and from where You was re-directed to this
Privacy Policy and Terms and Conditions.
Privacy Policy
Types
of Data collected
Among the types of Personal
Data that this Application collects, by itself or through third parties, there
are: Cookies; Usage Data.
Complete details on each
type of Personal Data collected are provided in the dedicated sections of this
privacy policy or by specific explanation texts displayed prior to the Data
collection.
Personal Data may be freely provided by the User, or, in case of Usage Data,
collected automatically when using this Application.
Unless specified otherwise, all Data requested by this Application is mandatory
and failure to provide this Data may make it impossible for this Application to
provide its services. In cases where this Application specifically states that
some Data is not mandatory, Users are free not to communicate this Data without
consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to
contact the Owner.
Any use of Cookies – or of other tracking tools – by this Application or by the
owners of third-party services used by this Application serves the purpose of
providing the Service required by the User, in addition to any other purposes
described in the present document and in the Cookie Policy, if available.
Users are responsible
for any third-party Personal Data obtained, published or shared through this
Application and confirm that they have the third party's consent to provide the
Data to the Owner.
Mode
and place of processing the Data
Methods
of processing
The Owner takes
appropriate security measures to prevent unauthorized access, disclosure,
modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools,
following organizational procedures and modes strictly related to the purposes
indicated. In addition to the Owner, in some cases, the Data may be accessible
to certain types of persons in charge, involved with the operation of this
Application (administration, sales, marketing, legal, system administration) or
external parties (such as third-party technical service providers, mail
carriers, hosting providers, IT companies, communications agencies) appointed,
if necessary, as Data Processors by the Owner. The updated list of these
parties may be requested from the Owner at any time.
Legal
basis of processing
The Owner may process
Personal Data relating to Users if one of the following applies:
·
Users have given their consent for one or more specific
purposes. Note: Under some legislations the Owner may be allowed to process
Personal Data until the User objects to such processing (“opt-out”), without
having to rely on consent or any other of the following legal bases. This,
however, does not apply, whenever the processing of Personal Data is subject to
European data protection law;
·
provision of Data is necessary for the performance of an
agreement with the User and/or for any pre-contractual obligations thereof;
·
processing is necessary for compliance with a legal obligation
to which the Owner is subject;
·
processing is related to a task that is carried out in the
public interest or in the exercise of official authority vested in the Owner;
·
processing is necessary for the purposes of the legitimate
interests pursued by the Owner or by a third party.
In any case, the Owner
will gladly help to clarify the specific legal basis that applies to the
processing, and in particular whether the provision of Personal Data is a
statutory or contractual requirement, or a requirement necessary to enter into
a contract.
Place
The Data is processed at
the Owner's operating offices and in any other places where the parties
involved in the processing are located.
Depending on the User's location, data transfers may involve transferring the
User's Data to a country other than their own. To find out more about the place
of processing of such transferred Data, Users can check the section containing
details about the processing of Personal Data.
Users are also entitled
to learn about the legal basis of Data transfers to a country outside the European
Union or to any international organization governed by public international law
or set up by two or more countries, such as the UN, and about the security
measures taken by the Owner to safeguard their Data.
If any such transfer takes place, Users can find out more by checking the
relevant sections of this document or inquire with the Owner using the
information provided in the contact section.
Retention
time
Personal Data shall be
processed and stored for as long as required by the purpose they have been
collected for.
Therefore:
·
Personal Data collected for purposes related to the performance
of a contract between the Owner and the User shall be retained until such
contract has been fully performed.
·
Personal Data collected for the purposes of the Owner’s
legitimate interests shall be retained as long as needed to fulfill such
purposes. Users may find specific information regarding the legitimate
interests pursued by the Owner within the relevant sections of this document or
by contacting the Owner.
The Owner may be allowed
to retain Personal Data for a longer period whenever the User has given consent
to such processing, as long as such consent is not withdrawn. Furthermore, the
Owner may be obliged to retain Personal Data for a longer period whenever required
to do so for the performance of a legal obligation or upon order of an
authority.
Once the retention period expires, Personal Data shall be deleted. Therefore,
the right to access, the right to erasure, the right to rectification and the
right to data portability cannot be enforced after expiration of the retention
period.
The
purposes of processing
The Data concerning the
User is collected to allow the Owner to provide its Services, as well as for
the following purposes: Analytics and Advertising.
Users can find further
detailed information about such purposes of processing and about the specific
Personal Data used for each purpose in the respective sections of this
document.
Detailed
information on the processing of Personal Data
Personal Data is
collected for the following purposes and using the following services:
·
Advertising
·
Analytics
The
rights of Users
Users may exercise
certain rights regarding their Data processed by the Owner.
In particular, Users
have the right to do the following:
·
Withdraw their consent at any time. Users have the right to
withdraw consent where they have previously given their consent to the
processing of their Personal Data.
·
Object to processing of their Data. Users have the right to
object to the processing of their Data if the processing is carried out on a
legal basis other than consent. Further details are provided in the dedicated
section below.
·
Access their Data. Users have the right to learn if Data is being processed
by the Owner, obtain disclosure regarding certain aspects of the processing and
obtain a copy of the Data undergoing processing.
·
Verify and seek rectification. Users have the right to
verify the accuracy of their Data and ask for it to be updated or corrected.
·
Restrict the processing of their Data. Users have the
right, under certain circumstances, to restrict the processing of their Data.
In this case, the Owner will not process their Data for any purpose other than
storing it.
·
Have their Personal Data deleted or otherwise removed. Users have the
right, under certain circumstances, to obtain the erasure of their Data from
the Owner.
·
Receive their Data and have it transferred to another
controller. Users
have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to
have it transmitted to another controller without any hindrance. This provision
is applicable provided that the Data is processed by automated means and that
the processing is based on the User's consent, on a contract which the User is
part of or on pre-contractual obligations thereof.
·
Lodge a complaint. Users have the right to bring a claim before their
competent data protection authority.
Details
about the right to object to processing
Where Personal Data is
processed for a public interest, in the exercise of an official authority
vested in the Owner or for the purposes of the legitimate interests pursued by
the Owner, Users may object to such processing by providing a ground related to
their particular situation to justify the objection.
Users must know that,
however, should their Personal Data be processed for direct marketing purposes,
they can object to that processing at any time without providing any
justification. To learn, whether the Owner is processing Personal Data for
direct marketing purposes, Users may refer to the relevant sections of this
document.
How
to exercise these rights
Any requests to exercise
User rights can be directed to the Owner through the contact details provided
in this document. These requests can be exercised free of charge and will be
addressed by the Owner as early as possible and always within one month.
Additional
information about Data collection and processing
Legal
action
The User's Personal Data
may be used for legal purposes by the Owner in Court or in the stages leading
to possible legal action arising from improper use of this Application or the
related Services.
The User declares to be aware that the Owner may be required to reveal personal
data upon request of public authorities.
Additional
information about User's Personal Data
In addition to the
information contained in this privacy policy, this Application may provide the
User with additional and contextual information concerning particular Services
or the collection and processing of Personal Data upon request.
System
logs and maintenance
For operation and
maintenance purposes, this Application and any third-party services may collect
files that record interaction with this Application (System logs) use other
Personal Data (such as the IP Address) for this purpose.
Information
not contained in this policy
More details concerning
the collection or processing of Personal Data may be requested from the Owner
at any time. Please see the contact information at the beginning of this
document.
How
“Do Not Track” requests are handled
This Application does
not support “Do Not Track” requests.
To determine whether any of the third-party services it uses honor the “Do Not
Track” requests, please read their privacy policies.
Changes
to this privacy policy
The Owner reserves the
right to make changes to this privacy policy at any time by giving notice to
its Users on this page and possibly within this Application and/or - as far as
technically and legally feasible - sending a notice to Users via any contact
information available to the Owner. It is strongly recommended to check this
page often, referring to the date of the last modification listed at the
bottom.
Should the changes affect processing activities performed on the basis of the
User’s consent, the Owner shall collect new consent from the User, where
required.
Any
information that directly, indirectly, or in connection with other information
— including a personal identification number — allows for the identification or
identifiability of a natural person.
Information
collected automatically through this Application (or third-party services
employed in this Application), which can include: the IP addresses or domain
names of the computers utilized by the Users who use this Application, the URI
addresses (Uniform Resource Identifier), the time of the request, the method
utilized to submit the request to the server, the size of the file received in
response, the numerical code indicating the status of the server's answer
(successful outcome, error, etc.), the country of origin, the features of the
browser and the operating system utilized by the User, the various time details
per visit (e.g., the time spent on each page within the Application) and the
details about the path followed within the Application with special reference
to the sequence of pages visited, and other parameters about the device operating
system and/or the User's IT environment.
The
individual using this Application who, unless otherwise specified, coincides
with the Data Subject.
The natural
person to whom the Personal Data refers.
The natural
or legal person, public authority, agency or other body which processes
Personal Data on behalf of the Controller, as described in this privacy policy.
The natural
or legal person, public authority, agency or other body which, alone or jointly
with others, determines the purposes and means of the processing of Personal
Data, including the security measures concerning the operation and use of this
Application. The Data Controller, unless otherwise specified, is the Owner of
this Application.
The means by
which the Personal Data of the User is collected and processed.
The service
provided by this Application as described in the relative terms (if available)
and on this site/application.
Unless
otherwise specified, all references made within this document to the European
Union include all current member states to the European Union and the European
Economic Area.
Small sets of
data stored in the User's device.
This privacy
statement has been prepared based on provisions of multiple legislations,
including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection
Regulation).
This privacy
policy relates solely to this Application, if not stated otherwise within this
document.
November 17, 2022
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this
section apply generally when using this Application.
Single or additional conditions of use or access may apply in
specific scenarios and in such cases are additionally indicated within this
document.
By using this Application, Users confirm to meet the following
requirements:
·
Users must qualify as Consumers;
·
Users must be older than 16;
·
Users aren’t located in a country that is subject to a U.S.
Government embargo, or that has been designated by the U.S. Government as a
“terrorist-supporting” country;
·
Users aren’t listed on any U.S. Government list of prohibited or
restricted parties
Content
on this Application
Unless where otherwise specified or clearly recognizable, all
content available on this Application is owned or provided by the Owner or its
licensors.
The Owner undertakes its utmost effort to ensure that the
content provided on this Application infringes no applicable legal provisions
or third-party rights. However, it may not always be possible to achieve such a
result.
In such cases, without prejudice to any legal prerogatives of Users to enforce
their rights, Users are kindly asked to preferably report related complaints
using the contact details provided in this document.
Rights regarding content
on this Application - All rights reserved
The Owner holds and reserves all intellectual property rights
for any such content.
Users may not therefore use such content in any way that is not
necessary or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy,
download, share (beyond the limits set forth below), modify, translate,
transform, publish, transmit, sell, sublicense, edit, transfer/assign to third
parties or create derivative works from the content available on this
Application, nor allow any third party to do so through the User or their
device, even without the User's knowledge.
Where explicitly stated on this Application, the User may
download, copy and/or share some content available through this Application for
its sole personal and non-commercial use and provided that the copyright
attributions and all the other attributions requested by the Owner are
correctly implemented.
Any applicable statutory limitation or exception to copyright
shall stay unaffected.
Removal of content from
parts of this Application available through the Application Store
If the reported content is deemed objectionable, it will be
removed within 24 hours and the User who provided the content will be barred
from using the Service.
Access
to external resources
Through this Application Users may have access to external
resources provided by third parties. Users acknowledge and accept that the
Owner has no control over such resources and is therefore not responsible for
their content and availability.
Conditions applicable to any resources provided by third
parties, including those applicable to any possible grant of rights in content,
result from each such third parties’ terms and conditions or, in the absence of
those, applicable statutory law.
In particular, on this Application Users may see advertisements
provided by third parties. The Owner does not control or moderate the
advertisements displayed via this Application. If Users click on any such
advertisement, they will be interacting with any third party responsible for
that advertisement.
The Owner is not responsible for any matters resulting from such
interaction with third parties, such as anything resulting from visiting
third-party websites or using third-party content.
Acceptable
use
This Application and the Service may only be used within the
scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of
this Application and/or the Service violates no applicable law, regulations or
third-party rights.
Therefore, the Owner reserves the right to take any appropriate
measure to protect its legitimate interests including by denying Users access
to this Application or the Service, terminating contracts, reporting any
misconduct performed through this Application or the Service to the competent
authorities – such as judicial or administrative authorities - whenever Users
engage or are suspected to engage in any of the following activities:
·
violate laws, regulations and/or these Terms;
·
infringe any third-party rights;
·
considerably impair the Owner’s legitimate interests;
·
offend the Owner or any third party.
Software
license
The software embedded in or related to this Application is
provided under a some-rights-reserved license.
This means that Users are granted broad rights, including but
not limited to the rights to use, execute, copy or distribute the software, to
the extent determined by such license.
The terms of such license shall always prevail upon conflicting,
divergent or inconsistent provisions of these Terms.
Users may find further information regarding the license terms
in the relevant section of this Application.
Liability and
indemnification
US
Users
Disclaimer of Warranties
This Application is provided
strictly on an “as is” and “as available” basis. Use of the Service is at
Users’ own risk. To the maximum extent permitted by applicable law, the Owner
expressly disclaims all conditions, representations, and warranties — whether
express, implied, statutory or otherwise, including, but not limited to, any
implied warranty of merchantability, fitness for a particular purpose, or
non-infringement of third-party rights. No advice or information, whether oral
or written, obtained by user from owner or through the Service will create any
warranty not expressly stated herein.
Without limiting the foregoing,
the Owner, its subsidiaries, affiliates, licensors, officers, directors,
agents, co-branders, partners, suppliers and employees do not warrant that the
content is accurate, reliable or correct; that the Service will meet Users’
requirements; that the Service will be available at any particular time or
location, uninterrupted or secure; that any defects or errors will be
corrected; or that the Service is free of viruses or other harmful components.
Any content downloaded or otherwise obtained through the use of the Service is
downloaded at users own risk and users shall be solely responsible for any
damage to Users’ computer system or mobile device or loss of data that results
from such download or Users’ use of the Service.
The Owner does not warrant,
endorse, guarantee, or assume responsibility for any product or service
advertised or offered by a third party through the Service or any hyperlinked
website or service, and the Owner shall not be a party to or in any way monitor
any transaction between Users and third-party providers of products or
services.
The Service may become
inaccessible or it may not function properly with Users’ web browser, mobile
device, and/or operating system. The owner cannot be held liable for any
perceived or actual damages arising from Service content, operation, or use of
this Service.
Federal law, some states, and
other jurisdictions, do not allow the exclusion and limitations of certain
implied warranties. The above exclusions may not apply to Users. This Agreement
gives Users specific legal rights, and Users may also have other rights which
vary from state to state. The disclaimers and exclusions under this agreement
shall not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted
by applicable law, in no event shall the Owner, and its subsidiaries,
affiliates, officers, directors, agents, co-branders, partners, suppliers and
employees be liable for
·
any indirect, punitive, incidental, special, consequential or
exemplary damages, including without limitation damages for loss of profits,
goodwill, use, data or other intangible losses, arising out of or relating to
the use of, or inability to use, the Service; and
·
any damage, loss or injury resulting from hacking, tampering or
other unauthorized access or use of the Service or User account or the
information contained therein;
·
any errors, mistakes, or inaccuracies of content;
·
personal injury or property damage, of any nature whatsoever,
resulting from User access to or use of the Service;
·
any unauthorized access to or use of the Owner’s secure servers
and/or any and all personal information stored therein;
·
any interruption or cessation of transmission to or from the
Service;
·
any bugs, viruses, trojan horses, or the like that may be transmitted
to or through the Service;
·
any errors or omissions in any content or for any loss or damage
incurred as a result of the use of any content posted, emailed, transmitted, or
otherwise made available through the Service; and/or
·
the defamatory, offensive, or illegal conduct of any User or
third party. In no event shall the Owner, and its subsidiaries, affiliates,
officers, directors, agents, co-branders, partners, suppliers and employees be
liable for any claims, proceedings, liabilities, obligations, damages, losses
or costs in an amount exceeding the amount paid by User to the Owner hereunder
in the preceding 12 months, or the period of duration of this agreement between
the Owner and User, whichever is shorter.
This limitation of liability
section shall apply to the fullest extent permitted by law in the applicable
jurisdiction whether the alleged liability is based on contract, tort,
negligence, strict liability, or any other basis, even if company has been
advised of the possibility of such damage.
Some jurisdictions do not allow
the exclusion or limitation of incidental or consequential damages,
therefore the above limitations or exclusions may not apply to User. The terms
give User specific legal rights, and User may also have other rights which vary
from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations
of liability under the terms shall not apply to the extent prohibited by
applicable law.
Indemnification
The User agrees to defend,
indemnify and hold the Owner and its subsidiaries, affiliates, officers,
directors, agents, co-branders, partners, suppliers and employees harmless from
and against any and all claims or demands, damages, obligations, losses,
liabilities, costs or debt, and expenses, including, but not limited to, legal
fees and expenses, arising from
·
User’s use of and access to the Service, including any data or
content transmitted or received by User;
·
User’s violation of these terms, including, but not limited to,
User’s breach of any of the representations and warranties set forth in these
terms;
·
User’s violation of any third-party rights, including, but not
limited to, any right of privacy or intellectual property rights;
·
User’s violation of any statutory law, rule, or regulation;
·
any content that is submitted from User’s account, including
third party access with User’s unique username, password or other security
measure, if applicable, including, but not limited to, misleading, false, or
inaccurate information;
·
User’s willful misconduct; or
·
statutory provision by User or its affiliates, officers,
directors, agents, co-branders, partners, suppliers and employees to the extent
allowed by applicable law.
Common provisions
No
Waiver
The Owner’s failure to assert any right or provision under these
Terms shall not constitute a waiver of any such right or provision. No waiver
shall be considered a further or continuing waiver of such term or any other
term.
Service
interruption
To ensure the best possible service level, the Owner reserves
the right to interrupt the Service for maintenance, system updates or any other
changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to suspend
or terminate the Service altogether. If the Service is terminated, the Owner
will cooperate with Users to enable them to withdraw Personal Data or
information in accordance with applicable law.
Additionally, the Service might not be available due to reasons
outside the Owner’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).
Service
reselling
Users may not reproduce, duplicate, copy, sell, resell or
exploit any portion of this Application and of its Service without the Owner’s
express prior written permission, granted either directly or through a
legitimate reselling program.
For information about the use of their personal data, Users must
refer to the privacy policy of this Application which is hereby declared to be
part of these Terms.
Intellectual
property rights
Without prejudice to any more specific provision of these Terms,
any intellectual property rights, such as copyrights, trademark rights, patent
rights and design rights related to this Application are the exclusive property
of the Owner or its licensors and are subject to the protection granted by
applicable laws or international treaties relating to intellectual property.
All trademarks — nominal or figurative — and all other marks,
trade names, service marks, word marks, illustrations, images, or logos
appearing in connection with this Application are, and remain, the exclusive
property of the Owner or its licensors and are subject to the protection
granted by applicable laws or international treaties related to intellectual
property.
Changes
to these Terms
The Owner reserves the right to amend or otherwise modify these
Terms at any time at sole discretion. In such cases, the Owner will
appropriately inform the User of these changes by placement of relevant
announcement or notification on-line.
Such changes will only affect the relationship with the User for
the future.
The continued use of the Service will signify the User’s
acceptance of the revised Terms. If Users do not wish to be bound by the
changes, they must stop using the Service. Failure to accept the revised Terms,
may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship
prior to the User's acceptance.
If required by applicable law, the Owner will specify the date
by which the modified Terms will enter into force.
Assignment
of contract
The Owner reserves the right to transfer, assign, dispose of by
novation, or subcontract any or all rights or obligations under these Terms,
taking the User’s legitimate interests into account. Provisions regarding
changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations
under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of this Application must
be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid
or unenforceable under applicable law, the invalidity or unenforceability of
such provision shall not affect the validity of the remaining provisions, which
shall remain in full force and effect.
EU Users
Should any provision of these Terms be or be deemed void,
invalid or unenforceable, the parties shall do their best to find, in an
amicable way, an agreement on valid and enforceable provisions thereby
substituting the void, invalid or unenforceable parts.
In case of failure to do so, the void, invalid or unenforceable provisions
shall be replaced by the applicable statutory provisions, if so permitted or
stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or the
impossibility to enforce a particular provision of these Terms shall not
nullify the entire Agreement, unless the severed provisions are essential to
the Agreement, or of such importance that the parties would not have entered
into the contract if they had known that the provision would not be valid, or
in cases where the remaining provisions would translate into an unacceptable
hardship on any of the parties.
US Users
Any such invalid or unenforceable provision will be interpreted,
construed and reformed to the extent reasonably required to render it valid,
enforceable and consistent with its original intent. These Terms constitute the
entire Agreement between Users and the Owner with respect to the subject matter
hereof, and supersede all other communications, including but not limited to
all prior agreements, between the parties with respect to such subject matter.
These Terms will be enforced to the fullest extent permitted by law.
Governing
law
These Terms are governed by the law of the following place,
without regard to conflict of laws principles: Cyprus
Venue
of jurisdiction
The exclusive competence to decide on any controversy resulting
from or connected to these Terms lies with the courts of Cyprus.
US Users
Each party specifically waives
any right to trial by jury in any court in connection with any action or
litigation.
Any claims under these terms shall proceed individually and no party shall
join in a class action or other proceeding with or on behalf of others.
UK Users
Consumers based in England may bring legal proceedings in
connection with these Terms in the English courts. Consumers based in Scotland
may bring legal proceedings in connection with these Terms in either the
Scottish or the English courts. Consumers based in Northern Ireland may bring
legal proceedings in connection with these Terms in either the Northern Irish
or the English courts.
Surviving provisions
This Agreement shall continue in effect until it is terminated
by either this Application or the User. Upon termination, the provisions
contained in these Terms that by their context are intended to survive
termination or expiration will survive, including but not limited to the following:
·
the User’s grant of licenses under these Terms shall survive
indefinitely;
·
the User’s indemnification obligations shall survive for a
period of five years from the date of termination;
·
the disclaimer of warranties and representations, and the stipulations
under the section containing indemnity and limitation of liability provisions,
shall survive indefinitely.
Dispute resolution
Amicable
dispute resolution
Users may bring any disputes to the Owner who will try to
resolve them amicably.
While Users' right to take legal action shall always remain
unaffected, in the event of any controversy regarding the use of this
Application or the Service, Users are kindly asked to contact the Owner at the
contact details provided in this document.
The User may submit the complaint including a brief description
and if applicable, the details of the related order, purchase, or account, to
the Owner’s email address specified in this document.
The Owner will process the complaint without undue delay and within
30 days of receiving it.
Online
dispute resolution for Consumers
The European Commission has established an online platform for
alternative dispute resolutions that facilitates an out-of-court method for
solving any dispute related to and stemming from online sale and service
contracts.
As a result, any European Consumer can use such platform for
resolving any dispute stemming from contracts which have been entered into
online. The platform is available
at the following link.
Germany: Dispute
resolution procedure with Consumer conciliation boards
The Owner does not participate in alternative dispute resolution
procedures for Consumers under the German Verbraucherstreitbeilegungsgesetz.
Definitions and legal
references
This Application (or
this Application)
The property that enables the provision of the Service.
Application Store means any and all application
stores and/or application markets for any relevant platform (iOS or Android, as
the case may be), including but not limited to the Apple Store, Google Play
Market, Amazon App Store and such other application stores that exist now or be
developed in the future;
Agreement
Any legally binding or contractual relationship between the
Owner and the User, governed by these Terms.
European (or Europe)
Applies where a User is physically present or has their
registered offices within the EU, regardless of nationality.
Owner (or We)
Indicates the natural person(s) or legal entity that provides
this Application and/or the Service to Users.
Product
A good or service available for purchase through this
Application, such as e.g. physical goods, digital files, software, booking
services etc.
The sale of Products may be part of the Service.
Service
The service provided by this Application as described in these
Terms and on this Application.
Terms
All provisions applicable to the use of this Application and/or
the Service as described in this document, including any other related
documents or agreements, and as updated from time to time.
User (or You)
Indicates any natural person or legal entity using this
Application.
Consumer
Any User qualifying as a natural person who accesses goods or
services for personal use, or more generally, acts for purposes outside their
trade, business, craft or profession.
Latest update: Noveber 03, 2022