Last updated: October 15, 2020
PLEASE READ THIS END-USER LICENSE AGREEMENT BEFORE DOWNLOADING OR USING OUR MOBILE APPS.
This End-User License Agreement (also referred as "the Agreement") governs the use of mobile applications and any services provided through the mobile applications ("the Apps") operated by ”UAB Palmeria” ("the Company") by any individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable ("You"). A complete list of the Apps can be found at our page on Apple App Store and/or Google Play Store.
This Agreement forms the entire agreement between You and the Company regarding the use of the Apps and set out the rights and obligations of all users regarding the use of the Apps. Your download of, access to and use of the Apps is conditioned on Your acceptance of and compliance with this Agreement. This Agreement Terms and Conditions apply to all users and others who access or use the Apps.
If you download, install or use the Apps You agree to be bound by this Agreement. If You disagree with any part of this Agreement then please do not download, install or use the Apps.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.Definitions
For the purposes of this End-User License Agreement:
Application means the software program provided by the Company downloaded by You through an Application Store's account to a Device, named UAB Palmeria APPS
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the the Apps have been downloaded to your Device.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Apps such as a cellphone or a digital tablet.
Family Sharing / Family Group permits You to share the Apps downloaded through the Application Store with other family members by allowing them to view and download each others' eligible Apps to their associated Devices.
Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Apps.
This Agreement is a legal document between You and the Company and it governs your use of the Apps made available to You by the Company. Use of certain Apps are also governed by Schedules to this Agreement ("Schedules"). If you use these Apps provisions of the Schedules will be deemed incorporated into this Agreement by this reference.
By downloading, installing or using our Apps You confirm that You are the owner of or otherwise legally use the Device, and that You are at least 16 years of age and have a full legal capacity to enter into this agreement. If your state has a higher age of majority, then your age must be equal to or higher than the age of majority established in your state.In case You are between 16 and 18 years of age (or other age depending on Your state), You hereby confirm, that Your representative (a parent, or a legal guardian, or other representative under the applicable law) has reviewed and agreed to the terms and conditions of this Agreement and allows You to access and/or use our Apps and related Services.
The Apps are licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.Additional Terms
This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Apps and their Content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Apps. Since the Apps can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Apps by those users is expressly subject to this Agreement. If any provision of this Agreement contradicts with the Application Store's terms and conditions, the Application Store's terms and conditions shall prevail.
Our Apps (including, but not limited to, download page or purchase screen) and Schedules to this Agreement may contain certain additional terms, conditions and requirements which are applicable to specific Apps ("the Additional Terms"). If you use the Apps which are subject to the Additional Terms, provisions of the Additional Terms will be deemed incorporated into this Agreement by this reference.
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Apps strictly in accordance with the terms of this Agreement.
You may only use the Apps on a Device that You own or control and as permitted by the Application Store's terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.License Restrictions
You agree not to, and You will not permit others to:
License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Apps or make the Apps available to any third party.
Copy or use the Apps for any purpose other than as permitted under the above section 'License'.
Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Apps.
Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers or the licensors of the Apps.
Notwithstanding the terms of this Agreement, any portion of the Apps, which constitutes a nonproprietary software or software provided under free public license by third parties ("the Open Source Software") is licensed to You subject to the terms and conditions of the respective software license agreements accompanying such Open Source Software.
You are responsible for selection of the proper internet connection and/or paying any related charges that You may incur for downloading, installing and using the Apps. For the exact amount of the charges, service plans and other conditions of the wireless or data connection services You shall enquire with Your mobile operator or Your internet service provider before You access and/or use the Apps. We make no representation that the Apps can be accessed on all wireless service plans or at any particular location.
We make no representation that the Apps can be used (including availability and functioning of all features) can be accessed on any Device.
You have to make sure before downloading the Apps that they are available in any of the languages of Your preference. We make no representation that the Apps are or will be available in all languages.
The Company is not responsible for the entries, information or content of the Apps' users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine – or - or randomly - – generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, refuse or remove any Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Apps if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Apps, you agree to use the Apps at your own risk. You understand that by using the Apps You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
The Apps, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Apps. To the extend the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Apps or your use of it infringes any third party intellectual property rights.
Any feedback, comments, ideas, improvements or suggestions provided by You to the Company with respect to the Apps shall remain the sole and exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Apps or any service to which it connects, with or without notice and without liability to You.Updates to the Apps
The Company may from time to time provide enhancements or improvements to the features/functionality of the Apps, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Apps. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Apps to You.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Apps, and (ii) subject to the terms and conditions of this Agreement.Maintenance and Support
The Company does not provide any maintenance or support for the download and use of the Apps. To the extent that any maintenance or support is required by applicable law and/or the Application Store's terms and conditions, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.
The Apps may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties' Terms of agreement when using the Apps. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Apps and all copies thereof from your Device.
Upon termination of this Agreement, You shall cease all use of the Apps and delete all copies of the Apps from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Apps; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Apps are provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Apps, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Apps will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Apps, or the information, content, and materials or products included thereon; (ii) that the Apps will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Apps; or (iv) that the Apps, their servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section 13 shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company, not the Application Store, shall be solely responsible for such warranty. In the event of any failure of the Apps to conform to any applicable warranty, You may notify the Application Store, and the Application Store will refund the purchase price for the Apps to You; and that, to the maximum extent permitted by applicable law, the Application Store will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Your sole responsibility.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Apps or through the Apps.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Apps, third-party software and/or third-party hardware used with the Apps, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
The Company does not make any warranties concerning the Apps. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation, including in connection with Your Apps’ use of the HealthKit and HomeKit frameworks (if applicable for relevant Apps).
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.
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Apps after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Apps.
The laws of the Republic of Belarus, excluding its conflicts of law rules, shall govern this Agreement and your use of the Apps. Your use of the Apps may also be subject to other local, state, national, or international laws.
The Agreement constitutes the entire agreement between You and the Company regarding your use of the Apps and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.
If you have any questions about this Agreement, You can contact Us by email: [email protected]p.com