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DOWNLOAD PRIVACY POLICY1.1. Welcome to the Terms of Use for the My Apps Time - Phone time App application, hereafter referred to as the "App." This document, known as the "Agreement," lays out the terms and conditions governing your use of the App. The Agreement takes effect when you either use the App or electronically accept it, with the date of use serving as the effective date.
1.2. By interacting with the App, you (referred to as "you," "your," "User," or "customer") acknowledge and commit to adhering to the rules and obligations outlined in these Terms of Use. References to "we," "us," or "our" denote Volodimir Krasher, who resides at Lukashevo village central street, 41 70410, Ukraine, the rightful owner of the App.
1.3. It's essential to understand that this Agreement does not confer any rights or benefits to third parties. Please take the time to thoroughly read and comprehend these Terms of Use, as they provide vital information regarding your legal rights and responsibilities related to the use of the App.
2.1. We reserve the right to unilaterally modify or adjust this Agreement, along with any incorporated policies or agreements, at our discretion. Such changes or modifications take immediate effect upon posting on the App. By continuing to use the App following these adjustments, you indicate your acceptance of the last revised Agreement. If you disagree with the latest revisions, please refrain from using the App.
2.2. Additionally, we may notify you of changes through email, underscoring the importance of maintaining accurate Account information. We are not responsible for any failure to receive notifications resulting from inaccuracies in your email address. In the event of your violation of the Agreement terms, we retain the right to terminate your use of the Services.
2.3. Furthermore, we maintain the right to modify, alter, or cease any aspect of the App, including prices and fees, at our discretion and at any time.
3.1. Access to and use of the Application are limited to individuals or entities ("Users") capable of forming legally binding contracts under the relevant law. By utilizing the Application, you confirm and warrant that you are either (i) at least eighteen (18) years old, (ii) legally competent to enter into binding contracts, or (iii) not prohibited by the laws of Ukraine or another relevant jurisdiction from using the Application.
3.2. If you are accepting this Agreement on behalf of a corporate entity, you affirm that you possess the legal authority to bind the corporate entity to the terms herein. In such instances, the terms "you," "your," "User," or "customer" refer to the corporate entity. If, following your electronic acceptance of this Agreement, we discover that you lack the legal authority to bind the corporate entity, you assume personal responsibility for the obligations outlined in this Agreement, including payment obligations. We disclaim any responsibility for any loss or damage arising from reliance on any instruction, notice, document, or communication believed by us to be genuine and from an authorized representative of your corporate entity.
3.3. In situations where the authenticity of such instruction, notice, document, or communication is reasonably doubtful, we reserve the right (without obligation) to request additional authentication. You pledge to adhere to the terms of this Agreement for transactions conducted by you, your authorized agent, or anyone using your account or the Application, whether or not authorized by you.
You acknowledge and commit to the following:
4.1. Your utilization of the Application must adhere to this Agreement, any relevant Services Agreement, or applicable policies related to your Application use, as well as all applicable local, state, national, and international laws, rules, and regulations.
4.2. Specifically, you agree that:
4.2.1. You will not collect or harvest any User Content or any non-public or personally identifiable information without explicit written consent.
4.2.2. Your use of the Application will not:
4.2.2.1. Engage in illegal activities or encourage illegal conduct.
4.2.2.2. Engage in spam, unsolicited bulk email, or hacking activities.
4.2.2.3. Infringe on intellectual property rights.
4.2.2.4. Violate privacy or publicity rights or breach any duty of confidentiality.
4.2.2.5. Interfere with the Application's operation.
4.2.2.6. Introduce viruses, worms, bugs, Trojan horses, or other disruptive code.
4.2.3. You will not engage in false, abusive, or fraudulent activities, nor impose an unreasonable load on the Application infrastructure.
4.2.4. You will not copy or distribute any part of the Application except where expressly authorized.
4.2.5. You will not modify the Application or its related technologies.
4.2.6. Commercial use of the Application requires our express written consent.
4.2.7. You will not interfere with the Application's security features.
4.2.8. You agree to provide necessary identification for identity verification when requested.
4.3. In the event of violations, we may take necessary measures, including domain name removal or cancellation, denial or suspension of access, and relaying contact details to authorized third parties or law enforcement. These measures may also be taken if your actions expose us to sanctions, restrictions, or penalties, or upon receipt of a subpoena, order, or request from a competent government authority.
5.1. We provide specific hosted Application functionalities that involve the processing of personal data, hereafter referred to as "Your Data."
5.2. To ensure compliance with relevant data privacy laws, we adhere to the Controller to Processor Data Processing Addendum ("DPA"). This DPA is incorporated by reference and applies to Covered Functionalities, establishing a contractual framework with robust mechanisms for processing Your Data, including transfers from the European Economic Area to third countries.
5.3. Under the Controller to Processor DPA and the Standard Contractual Clauses attached to it (when applicable), you (and your affiliates) are recognized as the Data Controller/Data Exporter. Your acceptance of the Terms of Service governing Covered Functionalities at the time of their use will also be considered your acknowledgment and acceptance of the Controller to Processor DPA and its appendices, including the Standard Contractual Clauses and their appendices where applicable.
5.4. If you prefer a physical copy of the Controller to Processor DPA, please email your request to [email protected].
6.1. Our Application may include links to websites that are neither owned nor controlled by us. It is important to note that we do not assume responsibility for the content, terms and conditions, privacy policies, or practices of these third-party websites. Additionally, we do not engage in censorship or content editing on these external sites.
6.1. When you use our Application and encounter links to third-party websites, you explicitly release us from any liability associated with your use of these external sites. We strongly advise you to exercise caution and review the terms and conditions, privacy policies, and other governing documents of any website you visit upon leaving our Application or accessing its services.
7.1. Please be aware that your use of this Application and the services it provides is entirely at your own risk. We, along with our officers, directors, employees, agents, and all third-party service providers explicitly disclaim all warranties, whether statutory, express, or implied. This disclaimer encompasses implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
7.2. We, along with our officers, directors, employees, and agents, make no representations or warranties concerning:
7.2.1. The accuracy, completeness, or content of this Application.
7.2.2. The accuracy, completeness, or content of any websites linked to this Application (through hyperlinks, banner advertising, or otherwise).
7.2.3. The services found at this Application or any sites linked to it (through hyperlinks, banner advertising, or otherwise).
7.3. We assume no liability or responsibility for the above. Moreover, you explicitly acknowledge and agree that any oral or written information or advice provided by us, our officers, directors, employees, or agents (representatives), and third-party service providers will not:
7.4. Constitute legal or financial advice.
7.5. Create a warranty of any kind concerning this Application or the services it provides.
7.6. Users should not rely on any such information or advice. This disclaimer of representations and warranties will apply to the fullest extent permitted by law and will survive any termination or expiration of this agreement or your use of this Application or the services it provides.
8.1. In no event shall we, our officers, directors, employees, agents, and all third-party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever. This includes damages that may result from:
8.1.1. The accuracy, completeness, or content of this Application.
8.1.2. The accuracy, completeness, or content of any websites linked (through hyperlinks, banner advertising, or otherwise) to this Application.
8.1.3. The services found at this Application or any sites linked (through hyperlinks, banner advertising, or otherwise) to this Application.
8.1.4. Personal injury or property damage of any nature whatsoever.
8.1.5. Third-party conduct of any nature whatsoever.
8.1.6. Any unauthorized access to or use of our servers and/or any and all content, personal information, financial information, or other information and data stored therein.
8.1.7. Any interruption or cessation of services to or from this Application or any sites linked (through hyperlinks, banner advertising, or otherwise) to this Application.
8.1.8. Any viruses, worms, bugs, Trojan horses, or the like, which may be transmitted to or from this Application or any sites linked (through hyperlinks, banner advertising, or otherwise) to this Application.
8.1.9. Any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene, or otherwise objectionable.
8.1.10. Any loss or damage of any kind incurred as a result of your use of this Application or the services found at this Application.
8.2. This limitation of liability applies whether the claims are based on warranty, contract, tort, or any other legal or equitable theory, and whether or not we are advised of the possibility of such damages.
9.1. You agree to protect, defend, indemnify, and hold harmless us, our officers, directors, employees, agents, and third-party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature. This includes reasonable attorneys’ fees, imposed upon or incurred by us directly or indirectly arising from:
9.1.1. Your use of and access to this Application or the use of the App.
9.1.2. Your violation of any provision of this Agreement or the policies or agreements incorporated herein.
9.1.3. Your violation of any third-party right, including without limitation any intellectual property or other proprietary right.
9.2. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Application or the services found at this Application.
10.1. We make no representation or warranty that the content available on this Application or the use of the App is appropriate in every country or jurisdiction. Access to this Application or the use of the App from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Application or use the App are responsible for compliance with all local laws, rules, and regulations.
11.1. This Agreement, along with any Service Terms, is governed by the laws of Ukraine. Any dispute arising out of or in connection with this Agreement or any associated agreement shall be exclusively submitted to the competent court in Ukraine.
12.1. This Agreement shall have binding effect on the parties involved, and it shall also confer benefits upon their respective heirs, successors, and assigns.
13.1. If you have any questions about this Agreement, please contact us by email or regular mail at the following address: Lukashevo village central street, 41 70410, Ukraine.
13.2. You can submit any complaints about the App provided by Us by sending an e-mail to [email protected], along with a complete and clear description of the complaint and relevant documentation. Complaints should be submitted within a reasonable timeframe after You become aware of any defect in the App.
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