2.1 Please be aware that the Apps may only be available for Android and iOS operating systems. You will only download and use the Apps on a device running validly licensed copies of the operating systems on which the Apps are designed to operate. To be able to access and/or use the Apps, or any portion thereof, you must legally obtain all the applicable or required facilities, utilities, software and equipment at your sole risk and expense.
2.2 Note that the Apps may include local notifications that are sent to a User directly on his/her mobile device. By accepting these Terms, you signify your agreement to receive such notifications. You can deactivate the local notifications at any time by changing the notification settings in accordance with the instructions of the operating system running on your device or changing the settings within the Apps.
2.3 Although the Apps may be accessible worldwide, we do not represent that the Apps or related materials are available in all languages, or available, appropriate or legally permissible for use in all locations, and accessing them from territories where the content and/or use thereof is illegal is prohibited. If you choose to download and use the Apps, you do so at your initiative and are responsible for compliance with applicable laws. Pavel Donov reserves the right to limit the availability of the Apps, or any portion thereof, to any user, geographical area or jurisdiction, at any time in its sole discretion.
2.4 The Apps' availability and functionality depend on various factors, such as software, hardware and the services’ providers and contractors of Pavel Donov. We do not warrant or guarantee that the Apps will operate at all times without disruption or interruption, or that the Apps will be immune from unauthorized access or error-free.
2.5 When using the Apps in a vehicle you agree to obey all applicable traffic laws and otherwise drive safely, and if you are the driver, you are not permitted to use the Apps unless your vehicle is stationary and legally parked.
2.6 We may make some Apps available to you at no charge and others for a fee (whether by way of in-app purchases or by way of subscription fees), as further described on our Apps detail pages. If such requested fees are not paid, it may result in the User not being able to access the Apps or parts thereof. Certain of the Apps may permit in-app purchases, even if such Apps were downloaded for free. Such in-app purchases may not require the re-entry of credit card information as such in-app purchases will be made through an existing account with a third party distributor (for example, Google Play Store or Huawei AppGallery Connect or Samsung Galaxy Store).
2.7 With respect to Apps that are currently offered for free, Pavel Donov reserves the right to start charging a fee in the future for certain uses. If Pavel Donov elects to so charge, it will first notify you of this fact, the charges will only be incurred by you if you explicitly agree thereto, and failure to pay such charges may result in your not having access to some or all of the Apps and/or their uses.
2.8 Your use of the Apps may require internet connection or certain data access. To the extent that third party service provider or carrier charges for your internet or data usage, you agree to be solely responsible for and to pay any such charges.
2.9 We reserve the right to revise, modify, correct, amend, enhance, improve, update, make any other changes to, or discontinue, temporarily or permanently, the Apps (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content (defined below) provided under the Apps may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Apps and/or the Content (defined below) included therein. You hereby agree that we are not responsible for any errors or malfunctions that may occur in connection with the performing of such changes, revisions or updates. If Pavel Donov provides you with any updates, upgrades and any new versions of the Apps according to its then current policies, it may include automatic updating or upgrading of the Apps with or without any additional notice to you, and the Terms will govern any such updates unless these are accompanied by a separate license agreement which will prevail, and all references herein to the Apps shall include such updates. For clarity, we have no obligation to provide updates.
2.10 You acknowledge and agree that Pavel Donov is not obliged to provide you with any maintenance or support services with respect to the Apps except as may be required by applicable laws and/or by the applicable Platform Provider (defined below). Pavel Donov and you acknowledge and agree that the applicable Platform Provider (defined below) has no obligation whatsoever to furnish you with any maintenance and support services with respect to the Apps.
3.1 Subject to these Terms, we grant you a revocable, personal, non-exclusive, non-sub-licensable, non-transferable limited right and license to download the Apps onto an authorized mobile telephone or other device that you own or control ("Device"), and access and use the Apps on such Device, only in compiled machine-readable form, solely for your personal non-commercial use and for no other purpose whatsoever, strictly in accordance and compliance with these Terms, their related documentation, the applicable Usage Rules (defined below) and applicable law ("License"). Nothing herein shall constitute as granting you with any interest and/or right in and/or to any intellectual property rights of Pavel Donov, other than the License granted hereunder. No right, license, or interest to the trademarks and/or trade names of Pavel Donov and/or other third party is granted hereunder, and you agree that no such right, license or interest may be asserted by you with respect thereto and therefore you will avoid using any of those Marks (defined below), except as permitted herein.
3.2 If you contact Pavel Donov with feedback, comments, ideas, suggestions or the like regarding the Apps (collectively, "Feedback Data"), you agree that all such Feedback Data shall be deemed to be non-confidential, and Pavel Donov shall have an exclusive, royalty-free, license-fee free, worldwide, perpetual license to incorporate into the Apps any such Feedback Data and/or use same for any purpose. Further, you declare and warrant that the Feedback Data is not subject to any license terms that would purport to require Pavel Donov to comply with any additional obligations with respect to any Pavel Donov' current or future products, technologies or services that incorporate any Feedback Data.
3.3 If you are downloading the Apps from a third party platform, service provider or distributor ("Platform Provider") your use of the Apps may be governed by usage rules which the Platform Provider may have established and which relate to your use of the Apps ("Usage Rules"). It is your responsibility to determine what other Usages Rules are applicable to your use of the Apps. You acknowledge that you have had the opportunity to review and that you understand and undertake to comply with all the applicable Platform Provider's Usage Rules. The Usage Rules applicable to your use of the Apps are incorporated herein by reference. In the event of a conflict between the terms of these Terms and the terms of any applicable Usage Rules, the terms of the Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the Apps. Any download and/or use of the Apps by anyone prohibited by any applicable laws or Usage Rules are expressly prohibited. Both Pavel Donov and you acknowledge and agree that as between Pavel Donov and any applicable Platform Provider, Pavel Donov is solely responsible for the Apps.
3.4 You shall use the Apps in accordance with all applicable laws, regulations and rules. You agree that you will not use the Apps for any purpose for which it is not designed or intended pursuant to these Terms. You agree to fully comply with all applicable export laws and regulations to ensure that neither the Apps nor any data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. In addition, you represent and warrant that: (i) 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; and (ii) that you are not listed on any U.S. Government list of prohibited or restricted parties.
4.1 Except as expressly permitted herein, you shall not (and not permit any third party) to: (i) copy, modify, improve, incorporate into or with other software, or create derivative works of the Apps, or any part thereof; (ii) decompile, disassemble, decrypt, or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying ideas or algorithms of the Apps, or any portion thereof, except and to the extent these restrictions are prohibited by applicable laws or permitted by the terms governing use of any Third Party Components (defined below) included in the Apps, after providing a fourteen (14) days prior written notice to Pavel Donov if legally permissible; (iii) alter, remove or obscure any product identification, name, mark, logo, tradename, trademark, service mark, copyright, patent or other proprietary notices or markings, legends, symbols or labels contained in or displayed on or via the Apps as delivered to you ("Marks"); (iv) sell, lease, lend, sublicense, provide or otherwise distribute or transfer the Apps, or any portion thereof; (v) make the Apps available over a network or other environment permitting access or use by multiple users or devices at the same time; (vi) use for timesharing or service bureau purposes or otherwise use or allow others to use the Apps to or for the benefit of third parties; (vii) disable, circumvent or otherwise interfere with the Apps' security-related features or technical restrictions; (viii) use Pavel Donov' name, logo or trademarks; (ix) collect or harvest any personally identifiable information (such as names or e-mail addresses) from the Apps; (x) use the Apps for any commercial purpose or for the benefit of a third party or in any manner not permitted herein, (xi) invade the privacy rights of any Apps user or third party; (xii) use the Apps to perform comparisons or other benchmarking activities, either alone or in connection with other software or hardware (and in any event you are prohibited from publishing the results of such activities); (xiii) use the Apps to violate any applicable laws, rules or regulations, for any illegal or unauthorized purpose or in any manner that breaches the terms hereof; (xiv) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (xv) bypass any measures we may use to prevent or restrict access to the Apps; (xvii) transmit or otherwise make available in connection with the Apps any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive or invasive code or component; (xvii) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the content made on or through the Apps, including any information, videos, text, graphics and/or software programs used in connection with the Apps, materials, descriptions and/or data obtained from or through the Apps (collectively, "Content"), or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content, other than as permitted under these Terms; and/or (xvii) create a browser or border environment around the Content (no frames or inline linking is allowed), frame or mirror any part of the Apps without the prior express written authorization of Pavel Donov.
4.2 The Apps may use or include third party software that is subject to open source and third party license terms ("Third Party Components"). Your right to use such Third Party Components as part of, or in connection with, the Apps is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and the terms hereof, the licensing terms of the Third Party Components shall prevail in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Apps and Pavel Donov disclaims all liability related thereto. Under no circumstances shall the Apps or any portion thereof (except for the Third Party Components contained therein) be deemed to be "open source" or "publicly available" software. The open source components included in the Apps are done so pursuant to each individual open source component license and subject to the disclaimers and limitations on liability set forth in each open source component license, which include in general that "THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE."
5.1 Notwithstanding anything to the contrary herein, you agree that the Apps are being licensed hereunder and not sold. Pavel Donov and/or its licensors retain exclusive ownership of all right, title and interest in and to the Apps and Intellectual Property (defined below) and/or confidential information embedded therein, and other proprietary materials provided by Pavel Donov to you hereunder. The Apps are protected by applicable copyright, patent and other intellectual property laws and treaties. All rights not expressly granted to you hereunder are reserved by Pavel Donov and its licensors. "Intellectual Property" means all legal right, title and interest evidenced by or embodied in any: (i) invention (whether patentable or unpatentable and whether or not reduced to practice) and improvements thereto, (ii) patent, patent applications and patent disclosures; (iii) work of authorship, regardless of copyrightability, copyrightable works and all copyrights (including moral rights); (iv) trade secret, know-how and confidential information; (v) trademark, service mark, trade names dress, style and design and logo; and (vi) any other intangible and/or similar intellectual property right, in each case on a worldwide basis.
6.1 If you believe that your intellectual property rights have been violated by Pavel Donov, please provide us the following information in writing: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of the right; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple infringing works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) a description of the material that you claim to be infringing or to be the subject of infringing activity, and information sufficient to permit us to locate the material; (iv) information so that we can contact you, such as address, telephone number and e-mail address; (v) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright or intellectual property owner, its agent or the law; (vi) a statement by you, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner. Infringement claims and notices should be sent by e-mail to: email@example.com . Please note that any person who knowingly materially misrepresents under this Section: (i) that material or activity is infringing, or (ii) that material or activity was removed or disabled by mistake or misidentification, may be subject to liability.
6.2 We will respond to clear notices under this Section. Please be advised that we enforce a policy that provides for the termination in appropriate circumstances of users who are repeat infringers.
7.1 The Apps may enable you to access and view content from third party websites or features (such as google drive and Dropbox), including applications ("Third Party Sites"), and the Apps may display third party advertisements (collectively "Third Party Content"). The Apps may also include links to Third Party Sites.
7.2 The Apps may enable interactions or connection between the Apps and Third Party Sites, which may, inter alia, allow you to post content onto a Third Party Site, and allows a Third Party Site to gather and/or pull information from your Device ("Third Party Connections"). You acknowledge that if you enable Third Party Connections you agree that your content and other information, including personally identifiable information, may be shared, publicly displayed and/or associated with you. Your use of Third Party Connection is at your sole risk and expense and you expressly release Pavel Donov from all liability arising therefrom.
7.3 You acknowledge and agree that Pavel Donov has no control over, does not operate, maintain or endorse, assumes no responsibility for, and makes no representations concerning: (i) Third Party Sites, Third Party Content and/or the owner, operator, or distributor thereof ("Third Party Provider"); (ii) the actions or practices of the Third Party Provider; (iii) performance or operation of any Third Party Content and/or Third Party Site; and/or (iv) any products or services advertised or sold via any Third Party Content and/or Third Party Site and the sellers thereof. Pavel Donov reserves the right to block access to or remove any Third Party Site and/or Third Party Content, as applicable, at any time in its discretion.
7.4 You expressly acknowledge and agree that Pavel Donov has no obligation to, and does not, review or approve the content of any Third Party Sites and/or Third Party Content, is neither responsible or liable for the legality, reliability, availability, operability, accuracy, completeness, security, relevance, or inappropriate nature thereof, nor for any loss or damage caused or alleged to have been caused by, or in connection with, your access to, use of, or reliance thereupon. Your access to, use of and reliance upon, any Third Party Site and/or Third Party Content and your dealings with third parties via the Apps are at your sole risk and expense and you expressly release Pavel Donov from all liability arising therefrom.
7.5 You acknowledge and agree that your use of any Third Party Site and/or Third Party Content is subject to any terms of the relevant Third Party Provider and is not governed by these Terms.
The Apps may enable you to invite your contacts to download and use the Apps (the "Invite-A-Friend Service"). To participate in the Invite-A-Friend Service, you may invite your contacts, who are not current users of the Apps, to download the Apps, by sending them a personal referral link available on the Applications Stores. If you participate in the Invite-A-Friend Service, you agree to send invitations only to contacts that you know, not make any warranties or representation on behalf of Pavel Donov, not to misrepresent your relationship with Pavel Donov and to comply with the terms hereof and with applicable laws.
These Terms shall continue until terminated as set forth herein. If you object to any term of these Terms, as may be amended from time to time, or become dissatisfied with the Apps, your sole remedy is to stop your use thereof. Pavel Donov may terminate your access to the Apps, or any part thereof, at its sole discretion, at any time, for any reason and without notice. Pavel Donov will not be liable to you or any third party for termination of the Apps or your use thereof. Upon termination hereof: (i) the License and all other rights granted to you hereunder will automatically terminate; (ii) you must immediately cease all use of the Apps, delete and destroy all copies of the Apps in your possession or control and so certify to Pavel Donov if required thereby; and (iii) any recordings made using the Apps will no longer be accessible by you via the Apps. All the provisions of these Terms which by their nature should survive termination thereof shall survive such termination. Termination is not Pavel Donov' exclusive remedy, and all other remedies will be available to Pavel Donov whether or not these Terms are terminated.
11.1 You may only use the Apps for legal purposes and you are responsible for the compliance of such use with any applicable law. You may not use the Apps in any jurisdiction prohibiting the intended use thereof.
11.2 Unless you shall save the recordings made using the Apps on your Device and/or download such recordings to other instruments such as google drive and/or Dropbox, these recordings may be automatically erased. The recordings may also be erased after saving and/or downloading them due to technical and/or other errors. It is your responsivity to backup any recordings made using the Apps and Pavel Donov disclaims any liability and/or responsibility with respect to any deletion and/or destruction of any such recordings also in the event that you have saved them on your Device and/or uploaded them to google drive and/or Dropbox. Therefore, it is advised to properly back-up any recording made through the Apps using other means of backup.
11.3 Without derogating from the generality of any other provision of these Terms, Pavel Donov does not warrant that any recordings made using the Apps shall be properly made and/or saved and Pavel Donov does not give any warranty as to the quality of any recordings made using the Apps. You acknowledge that due to technical and/or other errors, you may not be able to make any recordings using the Apps and/or to save any recordings made using the Apps, and you waive any claim and/or right and/or remedy you may have against Pavel Donov and/or any other entity in connection with any inability to make and/or save such recordings and/or with respect to any loss and/or destruction of any recordings made using the Apps and/or with respect to the quality of such recordings. It is further clarified that the quality of the recordings made using the Apps is dependent on the Device on which such recordings were made and on the operating systems of such Device.
11.4 The recordings made using the Apps may be stored on your Device and/or on other instruments such as google drive and/or Dropbox. It is your sole responsibility to maintain the security of your Device from unauthorized access and to maintain the credentials of your accounts with any instrument (such as google drive and Dropbox) on which your recordings may be stored. Pavel Donov disclaims nay liability and/or responsibility with respect to any unauthorized access to and/or use of the recordings stored on your Device and/or other instruments (such as google drive and Dropbox) by any entity, and you waive any claim and/or right and/or remedy you may have against Pavel Donov in connection with such unauthorized access and/or use.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE APPS, CONTENT, THIRD PARTY COMPONENTS AND THIRD PARTY CONTENT ARE PROVIDED "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE" AND YOU BEAR ALL RISK OF USING IT. PAVEL DONOV, ITS AFFILIATES, ITS LICENSORS AND THE APPLICABLE PLATFORM PROVIDER (IN SECTIONS 12, 13 AND 15 BELOW: "WE", "US" OR "OUR") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN RELATION TO THE APPS, CONTENT AND/OR THIRD PARTY CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, PERFORMANCE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT: (I) THE APPS WILL BE FREE FROM DEFECTS, VIRUSES, HACKS OR OTHER HARMFUL CODE; (II) YOUR USE OF THE APPS WILL BE UNINTERRUPTED, SECURE, TIMELY OR ERROR-FREE; (III) WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE APPS; (IV) THE APPS WILL BE INTEROPERABLE OR COMPATIBLE WITH YOUR DEVICE, OTHER SOFTWARE, HARDWARE OR ANY EQUIPMENT, AND WE ARE NOT RESPONSIBLE FOR ANY LOSSES SUFFERED RESULTING FROM INTEROPERABILITY OR COMPATABILITY PROBLEMS; AND/OR (V) MEET YOUR REQUIREMENTS. WE ARE NOT RESPONSIBLE, AND HAVE NO LIABILITY FOR ANY HARDWARE, SOFTWARE OR OTHER ITEM OR SERVICE PROVIDED BY ANY PERSON OR ENTITY OTHER THAN PAVEL DONOV. WE DO NOT WARRANT THAT ANY CONTENT AND/OR ANY THIRD PARTY CONTENT AVAILABLE ON THE APPS ARE ACCURATE, COMPLETE, RELIABLE OR CURRENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Pavel Donov OR THROUGH THE APPS OR THIRD PARTY CONTENT WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. EXCEPT FOR ANY WARRANTIES EXPRESSLY STATED IN THESE TERMS, THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE APPS OR AS TO THE SATISFACTORY QUALITY, PERFORMANCE AND ACCURACY OF THE APPS REMAIN WITH YOU.
WITHOUT DEROGATING FROM THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE THAT WE DO NOT WARRANT OR GUARANTEE THE SECURITY OF THE APPS OR OF COMMUNICATIONS MADE USING THE APPS, AND YOU ASSUME ALL RISKS ASSOCIATED WITH THE SAME. YOU FURTHER ACKNOWLEDGE THAT THE APPS MAY, IN ORDER TO PERFORM THEIR FUNCTION, MODIFY THE CONFIGURATION OF YOUR DEVICE, ITS SOFTWARE AND OTHER DEVICES INSTALLED THEREON, THAT WE DO NOT WARRANT OR GUARANTEE THE FAULT-TOLERANCE OF SUCH MODIFICATIONS, AND YOU ASSUME ALL RISKS ASSOCIATED WITH THE SAME.
THE DOWNLOAD AND USE OF THE APPS AND/OR PURCHASE OF ANY PRODUCTS OR SERVICES THROUGH OR IN CONNECTION WITH THE APPS OR AS A RESULT OF AN ADVERTISEMENT DISPLAYED THROUGH THE APPS IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT MAY RESULT THEREFROM.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHER PERSONS OR ENTITIES THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT WILL WE BE LIABLE UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY) FOR DEATH, PERSONAL INJURY OR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, BUSINESS INFORMATION, CORRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR DAMAGES TO PROPERTY, COMPUTER OR OTHER DEVICE FAILURE OR MALFUNCTION) ARISING HEREUNDER OR FROM YOUR USE OR INABILITY TO USE THE APPS, OR ANY THIRD PARTY CONTENT, HOWEVER CAUSED, EVEN IF ANY OF US HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER Pavel Donov USERS, THIRD PARTIES, THIRD PARTY SITES AND/OR THIRD PARTY CONTENT, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE AFOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, OUR TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE APPS OR THIRD PARTY CONTENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO PAVEL DONOV FOR USE OF THE APPS OR $US100, WHICHEVER IS GREATER. IN AS MUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
14.1 Pavel Donov and you acknowledge that Pavel Donov, and not the applicable Platform Provider, is responsible for addressing any claims relating to the Apps or your possession and/or use thereof, including but not limited to: (i) product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
14.2 Notwithstanding anything to the contrary herein, both Pavel Donov and you acknowledge and agree that the applicable Platform Provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of the terms hereof, such Platform Provider and its subsidiaries will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
15.1 You agree to defend, indemnify and hold us harmless from and against all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorneys' fees) arising from or connected to: (i) your use or misuse of or activities in connection with the Apps, or inability to use the Apps; (ii) your violation of these Terms, any law or rights of third parties; (iii) your content, access and/or use of the Apps and interactions with other users of the Apps or third parties; and/or (iv) any products or services that you purchase as a result of any Content or Third Party Content displayed through the Apps. The foregoing indemnity obligations will survive any termination hereof. Without derogating from the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter which is subject to indemnification by you, which will not excuse your indemnity obligations hereunder and in which event you will fully cooperate with us in asserting any available defense. You agree not to settle any matter subject to an indemnification by you without first obtaining our prior express written approval. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
15.2 You agree that if you breach any of your obligations hereunder, you might cause irreparable harm to Pavel Donov, and you agree that Pavel Donov will be entitled, in addition to other rights or remedies it may have hereunder or under applicable laws, to take such actions as may be required, including immediate injunctive relief, to enforce your obligations, without the necessity of proving actual damage, posting bond or making any undertaking in connection therewith.
We may, at our discretion, distribute promotional codes ("Promotional Code(s)"). Promotional Codes allow free use of the Apps for which they were provided or certain portions thereof (e.g., in-app purchases). If an expiry date is indicated in the Promotional Code, it may not be redeemed after such expiry date. Unless explicitly stated in the Promotional Code, it may not be used more than once. The Promotional Codes may be distributed by us through social networks or platforms, directly to the email address you may have provided us or otherwise.
Promotional Codes are personal, and may be used only by the User who received them. Promotional Codes are non-transferable and may not be sold or bartered. To the extent we provided you with a Promotional Code, you may be required to open an account with the applicable online store provider to use it. You must abide by the terms and conditions of the online store provider which apply to the use of the Promotional Code in your territory.
In addition, you agree that (i) you will not use a Promotional Code if you do not meet the age restrictions of the applicable App to which it applies; (ii) you will not transfer and/or allow others to use it; (iii) you will not sell or resell it or accept any form of payment in connection with it; (iv) Promotional Codes (whether valid or expired) are not redeemable for cash and cannot be returned for a cash refund, exchanged, or used to purchase any other products or services; and (v) personal information may be collected or used by the online store which provided the Promotional Code (for example, Google Play, as indicated in the Promotional Code) . You consent to the collection and use of your personal information by such online store in accordance with its privacy policies.
These Terms constitute the entire agreement between the User and Pavel Donov and supersede all prior oral or written communications, agreements and/or understandings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The User may not assign and/or transfer any of its rights and/or obligations hereunder without the prior written consent of Pavel Donov. Any attempt to do so in violation of the foregoing shall be void. Pavel Donov may assign or transfer its rights and/or obligations hereunder without restriction or notification. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein. No failure to exercise, and no delay in exercising, on the part of either party, any privilege, any power or any rights hereunder will operate as a waiver thereof or constitute any form of estoppel and no waiver of any term hereof shall be deemed a further or continuing waiver of such term or any other term. These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between the parties hereto. Any notice, report, approval or consent required or permitted hereunder shall be in writing, delivered to such party’s address as set forth herein, or at such other address as a party may designate by a ten (10) days’ advance written notice to the other party. Notices shall be effective on the business day sent if delivered personally or via email, or four (4) business days after post-marking if sent by certified or registered mail. These Terms shall be governed by and construed in accordance with the laws of the State of Israel without reference to its conflict-of-laws principles and the United Nations Convention Relating to a Uniform Law on the International Sale of Goods may not be applied. Any dispute arising out of or related to the Apps will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the Tel Aviv District, Israel. You agree to waive all defenses of lack of personal jurisdiction and forum non-convenience and agree that process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. The parties agree that all correspondence relating to these Terms shall be written in the English language. If you have any questions, complaints or claims regarding the Apps you may contact us at: Address: Pavel Donov Software Ltd., Jacovides Tower 1st floor 81-83 Grivas Digenis Avenue, 1090 Nicosia, Cyprus, Telephone: +35722503000, Email: firstname.lastname@example.org. For the avoidance of doubt any questions, claims or comments regarding Third Party Websites and/or third Party Content should be directed to the Third Party Provider. YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APPS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last Revised: December 23, 2022