Please carefully review these Terms and Conditions of Use (“Terms”) before using the services. These Terms constitute a legally binding agreement between Roman Pieskov (also “we”, “us”, “our”, “company”) and you, which governs your use of the mobile/web applications and related services, including all information, text, graphics, software, and communications (the “Content”). The applications, website, Content, and services are collectively referred to as the “Services”.
This is a subscription service that automatically renews. We also aim to provide information about our Subscription Policy at or near the point of purchase. Please read these Terms (in particular, Section 7 “Payments and Refunds”) and the Subscription Policy carefully before starting a free trial or completing a purchase for the app's auto-renewing subscription services. To avoid being charged, you must affirmatively cancel your subscription or trial at least 24 hours before the end of the free trial or the current subscription period. If you are unsure how to cancel a subscription or a free trial, please visit Apple Support, Google Play Help (or any other relevant app store support pages), or our website depending on where you have purchased your subscription. Deleting the app does not cancel your subscriptions or free trials. You may wish to make a screenshot of this information for your reference.
1. General Terms
1.1 These Terms establish a legally binding contractual relationship between you and us. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICES.
1.2 Please also review our Privacy Policy. The terms of the Privacy Policy and other supplemental terms, policies, or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference.
1.3 We may change these Terms on this page of the Website. We may provide you with notice about some critical changes, for example by email or by posting notifications on the Services, but are not obliged to do so in every case. Any other changes will be notified to you only by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change. If you do not agree to the changes, you should stop using the Services. Use of the Services after any changes to these Terms are made means that you accept such changes.
1.4 IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT DOWNLOAD THE APP OR OTHERWISE ACCESS OR USE THE SERVICES.
2. User Interactions and Disclaimers
2.1 User Responsibility
Our applications are designed to assist users by providing information and functionality relevant to the app’s purpose. However, any results, suggestions, or information generated by the application are provided automatically and may not always be accurate, complete, or up to date. You acknowledge and agree that you are solely responsible for any actions or decisions you make based on the information provided by the application. We encourage you to use your own judgment and, when necessary, consult with relevant professionals or experts.
2.2 No Liability for Results
We do not accept any responsibility for incorrect, incomplete, or misleading results or information provided by the application. The app’s suggestions and information are for informational purposes only and should not be considered as professional advice. We are not liable for any consequences, damages, or losses that may arise from reliance on the results or any other information provided by the application.
2.3 Information Provided by Users
Any data, content, or materials you upload or submit to the application are your responsibility. We do not verify the accuracy, ownership, or legality of the content submitted by users. Please ensure that you have the right to use and share any data or information you provide.
2.4 No Endorsement
We do not endorse, support, or guarantee the accuracy or legitimacy of any results, information, or user-submitted content within the application. By using the application, you understand and agree that we are not liable for any damages or losses resulting from your use of the app or reliance on its results or information.
3. Profile Registration
3.1
In order to use the Services, it might be required to create a profile and provide certain information about yourself as prompted by the registration form.
3.2
If you create a profile, you represent and warrant to us that: (i) all required registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; and (iii) your use of the Services does not violate any applicable law or regulation or these Terms. Otherwise, the Services may not operate correctly, and we may not be able to contact you with important notices.
3.3
The Services are not intended to be used by individuals under the age of 16. You hereby represent and warrant to us that you meet the foregoing qualification. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to your using the Services.
3.4
We reserve the right to suspend or terminate your profile, or your access to the Services, with or without notice to you, in the event that you breach these Terms.
3.5
You are responsible for maintaining the confidentiality of your profile and login information and are fully responsible for all activities that occur under your profile. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your profile or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3.6
By using the Services, you agree to receive from us certain communications, such as updates on the Services, a periodic e-mail newsletter, or a push notification. You can opt out of non-essential communications by unsubscribing from the email letter or by adjusting your device push preferences.
4. Services
4.1
You agree, represent, and warrant that your use of the Services, or any portion thereof, will be consistent with the foregoing license, covenants, and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations, and ordinances relating to the Services or your use of it, and you will be solely responsible for your own individual violations of any such laws.
4.2
You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Services, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
4.3
We retain the right to implement any changes to the Services (whether to free or paid features) at any time, without notice to you or our liability. You acknowledge that a variety of our actions may impair or prevent you from accessing the Services at certain times and/or in the same way, for limited periods or permanently, and agree that we have no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
4.4
Your access to and use of the Services is at your own risk. We will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, that results from your access to or use of the Services, or reliance on any information or advice.
4.5
We have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion.
5. Intellectual Property, User Content
5.1
You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement, and assembly of information), data, other content, software, and materials displayed on the Services or used by us, excluding any User Content (as defined below), are proprietary to us or to third parties.
5.2
We expressly reserve all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation, or other exploitation of them is strictly prohibited. The provision of the Services does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights.
5.3
The information you submit to us as part of your registration, and any data, text, and other material that you may submit or post to us ("User Content") remain your intellectual property, and we do not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that we may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to our operation of the Services and as described in these Terms and the Privacy Policy.
5.4
You grant us the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display, and perform the User Content in connection with the Services.
5.5
Subject to these Terms, we grant you a non-transferable, non-exclusive license (without the right to sublicense) to (i) use the Services solely for your personal, non-commercial purposes; (ii) install and use the app solely on your own handheld mobile device and solely for your personal, non-commercial purposes.
6. App Stores, Third Party Ads, Other Users
6.1
You acknowledge and agree that the availability of the app is dependent on the third party from which you received the app, e.g., the Apple App Store, Google Play Market, and/or other app stores (collectively, "App Stores" and each, an "App Store").
6.2
You agree to pay all fees charged by the App Stores in connection with the app. You agree to comply with, and your license to use the app is conditioned upon your compliance with, all applicable agreements, terms of use, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third-party beneficiary of these Terms and will have the right to enforce these Terms.
6.3
The Services may contain links to third party websites or resources and advertisements for third parties (collectively, "Third-Party Ads"). Such Third-Party Ads are not under our control and we are not responsible for any Third-Party Ads. We provide these Third-Party Ads only as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by Third-Party Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third-party website, the applicable service provider's terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
6.4
Each user of the Services is solely responsible for any and all of his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Services users are solely between you and such user. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Services user, we are under no obligation to become involved.
6.5
You hereby release us, our officers, employees, agents, and successors from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, any other Services users, or any Third-Party Ads.
7. Payments and Refunds
7.1
The app is free to download. However, certain features of the Services may be offered for a fee either by (1) paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase; or (2) one-time payment giving you access to specific Content outside the app (together or separately the “Purchase”). You make the Purchase directly from us or through the App Store.
7.2
To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the app and/or by sending you an e-mail notification, or in another prominent way. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Services.
7.3
You authorize us and the App Stores to charge the applicable fees to the payment card that you submit.
7.4
By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize us and the App Stores to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Services. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.
7.5
We may offer a trial subscription for the Services. A trial provides you access to the Services or a part of the Services for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Services will automatically continue and you will be billed the applicable fees for the Services. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Services during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.
7.6
The Services and your rights to use them expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Services (and may do so without notice).
7.7
Subscriptions purchased via the App Store are subject to such App Store's refund policies. This means we cannot grant refunds. You will have to contact the App Store support. In such cases, we may provide certain data (e.g., your subscription status, account activity, and usage data) to the App Store to assist in processing your refund request in a transparent and fair way. By using our Services, purchasing subscriptions via App Stores, and submitting a refund request through these platforms, you expressly consent to the sharing of the necessary account and usage data with the relevant App Store for this purpose.
7.8
You agree that the Purchase is final, that we will not refund any transaction once it has been made and that the Purchase cannot be canceled. When you make the Purchase, you acknowledge and agree that all Purchases are non-refundable or exchangeable. Notwithstanding anything to the contrary in the foregoing, we will provide refunds and/or Purchase cancellations in cases and to the extent required by mandatory provisions of the applicable law. We may also provide refunds at our own discretion and subject to our policies that may be published from time to time.
Note for EU residents: If you are an EU user, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, you will not be eligible for a refund, unless the digital content is defective.
8. User Representations and Restrictions
8.1
By using the Services, you represent and warrant that:
- a. you have the legal capacity and you agree to comply with these Terms;
- b. you are not under the age of 16;
- c. you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
- d. you will not use the Services for any illegal or unauthorized purpose;
- e. you are not 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;
- f. you are not listed on any U.S. government list of prohibited or restricted parties; and
- g. your use of the Services will not violate any applicable law or regulation.
8.2
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Services (or any portion thereof).
8.3
You may not access or use the Services for any purpose other than that for which we make the Services available. The Service may not be used in connection with any commercial endeavors except those that are specifically authorized or approved by us.
8.4
As a user of the Services, you agree not to:
- a. systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
- b. make any unauthorized use of the Services;
- c. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Services;
- d. use the Services for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
- e. make the Services available over a network or other environment permitting access or use by multiple devices or users at the same time;
- f. use the Services for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Services;
- g. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Services;
- h. circumvent, disable, or otherwise interfere with security-related features of the Services;
- i. engage in unauthorized framing of or linking to the Services;
- j. interfere with, disrupt, or create an undue burden on the Service or the networks or services connected to the Services;
- k. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;
- l. attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;
- m. upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- n. use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software;
- o. use the Services to send automated queries to any website or to send any unsolicited commercial e-mail;
- p. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
- q. use the Services in a manner inconsistent with any applicable laws or regulations; or
- r. otherwise infringe these Terms.
9. Indemnification
You hereby agree to indemnify and hold us, any of our officers, directors, employees, and agents and our affiliated and related entities, harmless from and against any claims, disputes, costs, losses, liabilities, damages, expenses, and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE OR OUR SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO US FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
12. International Use
We make no representation that the Services are accessible, appropriate, or legally available for use in your jurisdiction, and accessing and using the Services is prohibited from territories where doing so would be illegal. You access the Services at your own initiative and are responsible for compliance with local laws.
13. Governing Law and Venue
The laws of Ukraine, excluding its conflicts of law rules, shall govern these Terms and your use of the Services. Your use of the Services may also be subject to other local, state, national, or international laws.
13.1 Disputes Resolution
If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting the Company.
13.2 For European Union (EU) Users
If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident.
13.3 United States Federal Government End Use Provisions
If you are a U.S. federal government end user, our Services is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.
13.4 United States Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
14. Miscellaneous
14.1
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by us of any of the covenants, conditions, or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition, or agreement hereof contained.
14.2
If any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
14.3
Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and us regarding its subject matter, and supersede all prior promises, agreements, or representations, whether written or oral, regarding such subject matter.
14.4
We may transfer or assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such assignment and transfer. You confirm that placing on the Services a version of these Terms indicating another person as a party to these Terms shall constitute valid notice to you of the transfer of our rights and obligations under these Terms (unless otherwise is expressly indicated).
14.5
All information communicated on the Services is considered an electronic communication. When you communicate with us through or on the Services or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
14.6
In no event shall we be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside our reasonable control.
15. Contact
If you want to send any notice under these Terms or have any questions regarding the Services, you may contact us at: support@reasonway.com.
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.