End User License Agreement
These End User License Agreement (“EULA”) constitute a legal agreement between Nadezhda (“I” or “me”) and the user of my mobile applications (respectively, “User”, “you” and “App”). These EULA governs your usage of the Apps and the Services offered therein (as defined below).
ACCEPTANCE OF THE EULA: PLEASE READ THESE EULA CAREFULLY BEFORE DOWNLOADING OR USING THE APP AND SERVICES. YOU ACKNOWLEDGE THAT THESE EULA CONSTITUTES A BINDING AND ENFORCEABLE LEGAL ELECTRONIC CONTRACT BETWEEN YOU AND THE COMPANY. WHEN INSTALLING AND USING THE APP AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE EULA, AS WELL AS TO USE THE APP AND THE SERVICES OFFERED THEREIN ACCORDING TO THE PROVISIONS SET FORTH HEREIN, AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS REGARDING YOUR USE OF THE APP. IN THE EVENT YOU DO NOT AGREE WITH THE PROVISIONS OF THESE EULA, OR ANY PART HEREOF, YOU MAY NOT USE THE APP, AND UNINSTALL, WHERE APPLICABLE.
Amendments
I reserve the right to periodically amend or revise these EULA, at my discretion. Such amendments shall be effective as of the “Last Revise” heading located at the top of these EULA. I will make a reasonable effort post notification in the event that, at my discretion, the changes made are material. I recommend that you review these EULA periodically as your continued use of the App and Services following the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
App, Services
Depending on the App you choose to install I may offer you various services, such as: picture and video editing, utilities, gaming enhancers, device wallpapers, WhatsApp supported app, notification shade apps and accessibility featured apps, etc. (collectively, the “Services”).
Please note that the App is an ad supported app which is offered by my third party advertisers (“Third-Party Advertisement”). Note that the Third-Party Advertisement supported by the App may be changed and updated from time to time, at my discretion
Registration and Account
In order to access or use some of the features of the App, you may be required to register by opening an account (“Account”) or by signing in via a third-party tool (such as Google or Facebook) (“Third Party Tool”). If you open an Account, you may be required to provide details and select a password or to otherwise allow me to access your account information through a Third Party Tool (“Login Information”). You must safeguard and not disclose your Login Information and you must supervise the use of such Account. You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify me and modify your Login Information. Note that if you choose to create your Account using any Third Party Tool, certain user data that you either provide me or that is accessed through such Third Party Tool (subject to the terms and conditions applicable to such third party), including your user name and photo, may be published on your user profile and may be made available to other users.
You must provide accurate and complete information when creating an Account, and to update your information (including any contact information) promptly upon any change. You also agree not to misrepresent your identity or age to open an Account on behalf of someone other than yourself.
You undertake to monitor your Account and to restrict use by anyone who is not an eligible user. You accept full responsibility for any use of the Service using your Login Information, including any use of your credit card or other payment instrument.
I reserve the right to remove or reclaim any username at any time and for any reason, including in case of claims by a third party that a username violates any third party’s rights or otherwise violate these EULA.
If you wish to change your Login Information or other personal information associated with your Account, you may do so by contacting me at
ksusha.kha.apps@gmail.com. If you wish to terminate your Account, your Account will be terminated and removed within a reasonable timeframe following my receipt of your written request, and from the date of termination you will no longer be able to access your Account, including any other Services associated therewith.
Payments
Certain Apps may include additional features and services that are subject to payment, the payment can be in terms of an ongoing subscription plans (“Subscription”) or one-time payment.
The Subscription includes different prices or payment terms according to the duration of the applicable Subscription or the type of device you own, all as specified in my pricing page, available here. Our Subscriptions are pre-paid and you will be charged once at the beginning of each subscription period. I may offer distinctive features or services in Subscription, add new features or change or cancel any existing features or functionalities at my sole discretion. I further reserve the right to change the Subscription fees at my sole discretion. If you are a paid User at the time of such change, the new rate will be affected upon your next subscription period; otherwise, you may choose to cancel your Subscription, in which case you will be refunded on a pro-rata basis.
The Company may offer, at its sole discretion, a free trial for each of the Subscriptions (“Free Trial”). When you sign up for a Free Trial, you acknowledge and agree that unless you actively cancel your Subscription by the end of the Free Trial, you will be automatically billed subject to the then-current terms of the applicable Subscription.
Once you purchase a Subscription, your subscription will renew automatically and your selected payment method will be charged the applicable fees, unless you actively cancel your Subscription using your App Store or Google Play account, as applicable, in which case you will lose access to the Subscription at the end of the current billing period, and you will not receive a refund for the current billing period, regardless of the cancellation date.
In order to process the Subscription fees, use in-app payment processors such as Google Pay on your Android App (Google’s terms are available here, and the privacy notice is available here). Therefore, your transactions are subject to the then-current payment processors’ terms of use and privacy policies. You agree to review and be bound by such terms and privacy policies in the event you make any payment with respect to Company’s Services. The Company will not be liable for any act and/or omission made by such payment processors. The Company will notify you in accordance with the notification terms under these EULA in the event different or additional payment processors are used by the Company to process payments for any Company’s Services.
Cancellation terms and disputes will be subject to such payment processors’ terms.
Refunds. The Company may issue full or partial refunds for its paid Services depending on the Refunds’ reason. The Company Refund policy enable User to issue a Refund Request (“Refund Request”) upon to thirty (30) days of purchase. In case the Company approved a Refund Request, the User will get a cancellation email from Google Pay, as applicable, which indicating that their subscription or in-app purchase has been canceled.
License and Intellectual Property
I hereby grant you, subject to these EULA, a limited, revocable, nontransferable, nonexclusive, non-sub-licensable license, to install the App and use the Services (“License”). The License is subject to your compliance with the provisions of these EULA and solely for your non-commercial, personal use.
You acknowledge that all right and interest in the App’s trademarks, service marks, components, code, protocols, software and documentation as well as any derivatives thereof or improvements and modifications (excluding the Third-Party Management Tools), are my property or the property of my licensors, and are protected by international copyright, trademarks, patents and other proprietary rights and laws relating to trade secrets, recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not use, delete, alter, or remove any copyright, trademark, or other proprietary rights notice placed in the App.
Except as expressly granted herein, I retain all right, title and interest in and to my Service, as well as any content provided or made available in connection with the Service (excluding the Third-Party Advertisement).
Representations, Warranties and Acceptable Use Policy
You hereby warrant that: (i) you are eligible to enter into these EULA and you are not prohibited by any authorized authority, judicial order or law into entering in any agreement; (ii) you are of legal competence to enter into these EULA and you are at least thirteen (13) years of age; (iii) you have all proper authorization, if you are acting on behalf of a corporation, to enter into these EULA; (iv) you are either the owner or an authorized user of the device in which the App is installed, as well as the Third Party Advertisements’ license used for the Services; (v) you will install the App and use the Services only in accordance with my instructions; (vi) you will use the App and Services in full compliance with all applicable laws, rules and regulations.
Except as expressly provided under these EULA, you may not, nor may not enable anyone else to, directly or indirectly : (i) change, modify, edit, create a derivative work of, alter or bypass any feature of the App;(ii) assert any proprietary rights in or to the App, nor remove, amend or impair any notices of proprietary rights; (iii) disable, interfere, or circumvent with security-related features of the App or impair its performance; (iv) use, access or attempt to use or access the App with malicious codes or any automated means, such as scraping, crawling or any robot, spider etc. (v) use the App and Services to promote, conduct, or contribute to fraudulent, illegal or any other inappropriate activities; (vi) change, modify, decompile, disassemble, reverse engineer, translate, make any copies of, circumvent, hack, or any temptation to extract the source code of the App.
Disclaimer
THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE, SUITABILITY, MARKETABILITY, INCOMPLETENESS, APPLICABILITY, RELEVANCE OR SERVICE LEVEL. THE COMPANY DOES NOT WARRANT THAT THE APP IS OR WILL BE FREE OF HARMFUL OR MALICIOUS CODE NOR THAT THE APP WILL BE FREE OF ANY ERRORS OR BUGS, OR THAT THE COMPANY WILL TAKE ACTIONS IN ORDER TO CORRECT THOSE ERRORS. THE COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONSEQUENCES RESULTING FROM TECHNICAL ISSUES IN THE APP OR SERVICES, AND SPECIFICALLY IN THE THIRD-PARTY MANAGEMENT TOOLS, TO THE USER OR ANY THIRD PARTY. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE APP OR THE SERVICES WILL BE AVAILABLE FOR USE IN ANY PARTICULAR LOCATION OR AT SPECIFIC TIME. IN ADDITION, THE COMPANY HAS NOR RESPONSIBILITY OR LIABILITY FOR DAMAGES OR ERRORS, FROM ANY KIND, RESULTED FROM THE THIRD-PARTY MANAGEMENT TOOLS OR DUE TO THEIR INTEGRATION THROUGH THE APP. THE USER’S USE OF THE APP OR SERVICES IS AT THE USER OWN RISK AND RESPONSIBILITY.
Limitation of Liability
YOU HEREBY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO), LOST OF PROFITS, LOSS OF DATA, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT FROM THE USE OR INABILITY TO USE THE APP OR THE SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AND AGGREGATED LIABILITY SHALL NOT EXCEED 50$ US. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH STATE OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Updates, Upgrades and Changes
I reserve the right, at any time, to perform any revisions to the App and the Services, included any change, upgrade or update of any feature available therein (“Revisions”). The Company is not obligated to provide any notice regarding such Revisions, in advance or otherwise and shall not be liable for any damages or any other effect resulting from the Revisions. Please note that such Revisions might be automatically installed.
Indemnification
You agree to defend, indemnify and hold harmless the Company and the Company’s representatives, affiliates, directors, shareholders, officers or employees from any and all losses, damages, expenses, liabilities, demands, losses judgments and all related costs, including reasonable attorney’s fees that arise as a result of your breach of these EULA.
Termination
Each party may terminate these EULA, at any time. If you wish to terminate these EULA you may do so simply by uninstalling the App and cease your use of the Services. The Company may terminate these EULA and cease the operation of the App at any time, effective immediately. The Company will not be liable to you or any third party for any termination. Note that, termination may result in the destruction of all information and data associated with your use of the App. Following termination, the provisions of these EULA, which by their nature should survive any such action on my part, shall survive.
Our Privacy Practices
I respect my users’ privacy rights. Please review my Privacy Policy before using the App and Services. Our Privacy Policy is an integral part of these EULA and incorporated herein by reference. I encourage you to periodically review my Privacy Policy.
Dispute Resolution
These EULA shall be governed solely by the laws of the State of Israel, without giving effect to any conflicts of law. Any dispute, claim or controversy arising out of, connected with, or otherwise relating to these EULA and your use of the App or Services will be subject to the exclusive jurisdiction of the competent court in Tel-Aviv, Israel. The limitation in respect to any claim to these EULA, the App and Services shall be limited to twelve (12) months as of the relevant claim, and will be permanently barred afterwards.
Miscellaneous
These EULA constitutes the entire understanding between you and the Company regarding your use of the App and Services. If any part of these EULA is determined to be invalid or unenforceable, such determination shall not affect the remaining provision, which will remain valid and in full force. You may not assign or transfer any of your rights in under these EULA. The Company may assign its rights and obligations under these EULA to any third party at its sole and absolute discretion. In no event a failure of the Company to enforce any rights or to take action shall be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. In no event the Company shall be deemed in breach of these EULA if the Company is unable to provide the App, the Services or any part thereof.
Contact Information
If you have any questions, please contact me at:
ksusha.kha.apps@gmail.com