Terms and conditions

Acaza – Terms of Use

Information at a glance:

  • The acaza® application (the “App” or “acaza® App”) is a paid Android smartphone application designated for eligible users; 
  • In order to allow core functionalities, the acaza® App requires installation on Android smartphones of both the parent and the children; the App is intended solely for private and personal use;
  • The acaza® App and the majority of its features rely on Internet and GPS availability; each user must ensure that theirits smartphone has Internet access and GPS coverage, and that all of the required system permissions are properly allowed as per the guidance offered by the App; tracking, monitoring and tracing accuracy will always be dependent on external factors, outside of our reasonable control;
  • The acaza® App proprietary features, such as digital tracing, requires devices’ Bluetooth functions to be always on (for both the capturing and the emitting device); however, there is no guarantee that collected data will provide adequate or prompt access to the identity of the individual holding the data emitting device (as such process relies on various external factors and entities);
  • The acaza® App is not suitable and has not been designed to prevent emergencies, nor to ensure a (safe) recovery of potentially missing children; its functionalities and features may support investigative efforts in certain conditions and to a certain extent; 
  • The acaza® App may use a significant amount of power from the battery of any device that the App is installed on; please make sure there is sufficient remaining battery at all times in order to be able to send or receive alerts;
  • All rights, title and interests in the aAcaza® App (including its features, functionalities and content) and related digital properties such as websites, banners, ads and other materials are exclusive property of Afterhope S.R.L., a limited liability company seated in Bucharest, Romania […] (the “Company”, “us”, “we”);
  • Company does not warrant that the App will be compatible with your Android smartphone;
  • THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE APP IS AT YOUR OWN RISK.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, AS THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ‎REGARDING YOUR ‎LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, ‎INCLUDING ‎VARIOUS LIMITATIONS AND ‎EXCLUSIONS ON DAMAGES ‎YOU MAY CLAIM AGAINST US‎. 

BY ACCESSING OR USING THE APP, YOU INDICATE YOUR CONSENT TO THIS AGREEMENT AND TO ANY RELATED POLICIES (INCLUDING ACAZA® PRIVACY POLICY). THIS AGREEMENT IN BINDING UPON YOU AND THE COMPANY.

  1. Use of the App
  2. Eligibility

You may use the App only if the following conditions are cumulatively met:

  • you accept and comply with this Agreement and the applicable Privacy Policy;
  • you will use the App functionalities and features for their intended scope;
  • you are above the age of eighteen (18) and you provide express parental consent for the App to be installed on the device of children under the age of thirteen (13); use of the App by children will always fall under the liability of their parents or legal guardians; all provisions herein fully apply to the use of the App by children under your consent; anyone under thirteen (13) may only accept invitations from parents / legal guardians to join their account;
  1. App Rules

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, transmitting, disassembling, decompiling, publicly displaying, republishing, or disclosing any part of the App in any medium, including without limitation by any automated or non-automated “scraping” or by creating any derivative works thereof; (ii) determining or attempting to determine any source code, algorithms, methods, or techniques ‎embodied by the App or any derivative works thereof, or incorporating the App or any portion thereof into any other program or product‎; (iii) uploading invalid data, viruses, worms, or other software agents through the App; (iv) collecting or harvesting any personally identifiable information, including account names, from the App; (v) using the App to gain unlawful access to surrounding digital traces; (vi) using the App for any other purposes then those intended by developers;  (vi) distributing, licensing, transferring, or selling, in whole or in part, any part of the App or any derivative works ‎thereof‎; (vii) encouraging any conduct that restricts or inhibits anyone’s use or enjoyment of the ‎App, or which, as determined by us, may harm us or users of the ‎App or expose us or them ‎to liability‎; and (viii) violating, or promoting the violation of, this Agreement or any applicable law or regulation, ‎including any laws regarding the export of data or software, ‎patent, trademark, trade secret, ‎copyright, or other intellectual property or legal rights (including ‎the rights of publicity and privacy of ‎others)‎.

  1. License to Use the App

Subject to the terms and conditions of this Agreement, we hereby grant you a non-exclusive, limited, non-transferable, freely revocable license to use the App for your personal, noncommercial use only and as permitted by the features of the App. We reserve all rights not expressly granted herein in the App and the Company Content (as defined below). Company may terminate this license at any time for any reason or no reason. 

  1. The Parent Account

You may establish a Parent Account with the App, enabling you full administration rights over the App’s features that we may establish and maintain from time to time and in our sole discretion. As holder of a Parent Account having full administration rights, you are solely liable for the proper configuration of the App for subsequent non-paying members of your family, according to your subscription plan. Likewise, you will be solely liable for the proper configuration of such subsequent setup and configurations. 

You may never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. Company will not be liable for any losses caused by any unauthorized use of your account.

  1. Service Availability and Our Right to Terminate

We may, without prior notice, change the App; stop providing the App or features of the App, to you or to users generally; or create usage limits for the App. If we materially change the App, we will provide you with at least 30 days’ notice. We may permanently or temporarily terminate or suspend your access to the App without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are responsible for all the mobile data usage resulting from the use of App. Consult your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other users. Company shall have no liability for your interactions with other users, or for any user’s action or inaction.

  1. User Content

Some areas of the App allow Users to post content such as profile information, tag names or other family members, designate Safe Zones, Safe Devices and similar (any such content a user submits, posts, displays, creates, or affirmatively chooses to make available on the App is “User Content”). User Content does not include information collected from or about your phone or device. We claim no ownership rights over User Content created or submitted by you. The User Content you create remains yours; however, by sharing User Content through the App, you agree to the User Content License Grant below, and to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Company has the right (but not the obligation) in our sole discretion to remove any User Content that is shared via the App.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, moral rights, trademark, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

  1. You have the consent of each and every identifiable natural person in the User Content to use such a person’s name or likeness in the manner contemplated by the App and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
  2. Your User Content and Company’s use thereof as contemplated by this Agreement and the App will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the App. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content.
  3. User Content License Grant

By posting any User Content on the App, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Company a royalty-free, sublicensable ‎(including via multiple tiers of sublicensing)‎, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the App and for our commercial, marketing, advertising, and other purposes.

  1. Terms Specific to Google Play Store

The following applies to the App acquisition from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Company only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Company, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Company’s Google-Sourced Software.

  1. Email Communications

By providing Company your email address you consent to our using of the email address to send you App-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the App and special offers. If you do not want to receive promotional email messages, you may opt out by unsubscribing from such email communications from Company. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

 

  1. Our Proprietary Rights

Except for your User Content, the App and all materials, services, and information therein or transferred thereby, including, without limitation, information, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, content, reports, features, functionality, design, presentation, analyses and data that is otherwise generated, collected or transmitted through the App, the “look and feel” of the App and related digital properties such as websites, banners, ads and other materials  (the “Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Company and our licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Company Content. Use of the Company Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

  1. Features of the App

The App includes a number of features which may or may not be available to you depending on which features you elect and, where required, pay or subscribe to use. Some of the App features require Mobile Software to be installed on the devices that the features apply to. Not all App features may be available in your country. Please see below for details. 

  1. Location Information

Certain features of the App are designed to collect and share location information about the Protected Device that you have configured and other members of your family using the App, and to detect and monitor behaviors (such as deviation from planned route or access in / exit from a Safe Zone). In order to access and use these features, the App collects location, sensory and motion data from the mobile device in order to share location information, calculate and detect deviation from established routes and alert on events, compile reports, and otherwise provide or facilitate the features and functionality of the App. 

To work properly, these features require the App to be installed on the device for which location and movement data will be provided, and require access to location, sensory and motion data from the smartphone. These features may not work properly if the corresponding device permissions and settings allowing access to location, sensory and motion data are not properly configured or enabled. In addition, the features may not work for a variety of reasons, such as if the device that the App is installed on is not powered on and connected to the wireless service provider’s network , if location services are turned off, if the App is not being used or is blocked on the device, if you are making a phone call through the device, and for other reasons. 

 

  1. Safe Devices and Safe Zones

The configuration of Safe Devices and Safe Zones allows you to benefit from the safety-related features and services, such as Safe Device proximity or Safe Zone entry/exit.

Please note that any misconfiguration may determine malfunction or improper App functionality. Always make sure you are permitted by the rightful owner to access such third party data (e.g. data related to Safe Devices) and to configure the App using third party data.

  1. Digital Traces 

The App provides you with a proprietary feature that constantly collects surrounding digital footprints of neighboring devices (i.e. device unique identifiers – MAC Addresses) when your child’s smartphone is outside of a Safe Zone (provided that your child’s smartphone has the App properly installed and configured and provided the neighboring devices have the Bluetooth connectivity turned on). This data will be provided to you when an alert is issued, if you do not dismiss it as a false alert.

It is your sole responsibility to use such data only for its intended purpose, which is to provide it to Police or other law enforcement representatives as additional proof. These unique device identifiers may grant investigators additional clues with respect to the identity of the potential witnesses or bad actors situated in the immediate proximity of your child’s smartphone.

This information may be collected if the smartphone has Internet and GPS connectivity, is turned on and has the Bluetooth function turned on.

Nothing herein may be understood or interpreted as a guarantee that any data will be collected, any data may be restored or any data may be delivered to you in a readable format. However, if any data is indeed collected, nothing herein may be understood or interpreted as a guarantee that such data, albeit a unique device identifier, may disclose or help to disclose the identity of the device holder, since such data is lawfully held by the device manufacturer. 

  1. Billing Policies.

If you elect to use Subscription Features, you agree to the pricing and payment terms and that we may update them from time to time. Company may add new features for additional fees and charges, or amend fees and charges for existing services, at any time in our sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

  1. Pricing and Payment Terms
  2. Subscription/access fees are payable in advance.

All subscription and access charges for the Subscription Features are payable in advance. Company is not responsible for any charges or expenses you incur resulting from charges billed by Company in accordance with this Agreement (e.g.: overdrawn accounts, exceeding credit card limit, etc.). Payment will be made in accordance with the terms and conditions set by Google Play Billing. 

  1. Subscription accounts may have a trial period.

After initial registration of a paid membership subscription, you may be given an initial trial period. Certain Subscription Features may not be available during the free trial period, at Company’s sole discretion. You may cancel your account at any time during the trial. If you want to change your account type, you may do so at any time (either before or after the trial period). You are limited to one trial per person (credit card or other unique payment or identification method) for any twelve (12)-month period. If you do not cancel your account during the trial, you will be charged based on the account type you selected during registration. To cancel a subscription to a Subscription Feature at any time, send an email to […].

iii. Pricing Changes

Prices for Subscription Features may change from time to time, in Company’s sole discretion. If they do, and you currently have Subscription Features, Company will provide you with notice of the change through the App or in email to you, at Company’s option or as required by applicable law, at least thirty (30) days before the change is to take effect. Your continued use of the Subscription Features after price changes become effective constitutes your agreement to pay the changed amount. If you do not agree to the new prices, please follow the instructions in the “Cancel Subscription Features or Close Your Account” section below.

  1. No Refunds.

You may cancel your account at any time; however, except where prohibited by applicable law, there are no refunds for any unused time on a subscription, any license or subscription fees for any portion of the service, any content or data associated with your account, or for anything else. Upon canceling any Subscription Features, your subscription will be valid until your then-current paid period is completed. For clarity, if you purchase an annual subscription and cancel it two months into the year, you will not receive a refund for the remaining portion of the year, but will instead enjoy the Subscription Features for the remaining ten months that you have already paid for.

  1. Payment Information; Taxes.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the App must be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the App at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

  1. Battery Usage

Use of the App or App features that may use a significant amount of power from the battery of any device that the App is installed on. You may wish to limit your use of these or other services on your device to the times when they are necessary, or where possible, you might wish to keep your phone plugged into a power source.

  1. Cancel Subscription Features or Close Your Account

You may cancel your Subscription Features or close your account at any time. To cancel your Subscription Feature or close your account, following the instructions of the App. 

  1. No Professional Advice

If the App provides some data which is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the App. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.

  1. Privacy

We care about the privacy of our users. Please see our Privacy Policy [hyperlink] for information about how we collect, use and disclose information about you, including device data. You consent to the collections, uses and disclosures of your personal information for ‎the ‎purposes described in ‎our Privacy Policy.‎

  1. Security

Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

  1. Third-Party Links

The App or the associated digital properties such as the acaza® website, banners, advertisements or similar may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Company. If you use any such links, you will leave the App. Company does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third party website from the Service, you do so at your own risk, and you understand that this Agreement and Company’s Privacy Policy do not apply to your use of such sites. You expressly relieve Company from any and all liability arising from your use of any third-party website, service, or content. 

 

  1. Indemnity

You agree to defend, indemnify and hold harmless Company and our subsidiaries, agents/mandataries, licensors, managers, and other affiliated companies, and their employees, contractors, agents/mandataries, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the App, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties herein; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content, or any User Content or other information that is submitted via your account; or (vi) any other party’s access and use of the App with your unique username, password or other appropriate security code.

  1. No Warranty

THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE APP IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, ACCURACY, TIMELINESS, QUALITY, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE APP WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COMPANY, OUR SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (I) THE APP OR RESULTS THAT ARE OBTAINED FROM USE OF THE APP (E.G., DATA, INFORMATION, LOCATION, DIGITAL TRACING, SURROUNDING DEVICES DATA, ETC.) WILL BE ACCURATE, RELIABLE, ERROR-FREE OR CORRECT; (II) THE APP OR RESULTS THAT ARE OBTAINED FROM USE OF THE APP WILL MEET YOUR REQUIREMENTS; (III) THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, TIMELY, UNINTERRUPTED OR SECURE; (IV) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (V) THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE APP.

COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP OR ANY ASSOCIATED DIGITAL ASSETS OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

 

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, OUR AFFILIATES, AGENTS/MANDATARIES, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS APP. UNDER NO CIRCUMSTANCES WILL COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE APP OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES FROM THE SERVICE OR RESULTS THAT ARE OBTAINED FROM USE OF THE APP (E.G., DATA, INFORMATION, LOCATION, DIGITAL TRACING, SURROUNDING DEVICES DATA, ETC.); (II) PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP; (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (VIII) ANY ACTION OR INACTION OF THIRD PARTIES. IN NO EVENT SHALL COMPANY, OUR AFFILIATES, AGENTS/MANDATARIES, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY USER FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COMPANY HEREUNDER IN THE SIX MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED EUROS (EUR 100.00), WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME JURISDICTIONS, DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

All legal actions arising with respect to the App shall, unless prohibited by applicable law, be barred unless written notice thereof is received by Company within one year from the date of the event giving rise to such legal action.

The App is controlled and operated from facilities in the European Union. 

  1. Governing Law and Litigation

You agree that: (i) the App and related services shall be deemed solely based in Romania; and (ii) the usage of the App outside the territory of Romania does not give rise to personal jurisdiction over Company, either specific or general. This Agreement shall be governed by the internal substantive laws of Romania, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the local jurisdiction of Bucharest common courts of law for any legal actions, which have prevailing jurisdiction of any disputes arising hereunder.

  1. Information and Complaints

If you have a question or complaint regarding the App, please send an email to […] or call […]. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with Company. 

  1. General
  2. Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

  1. Notification Procedures and Changes to the Agreement.

Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website or mobile application, as determined by Company in our sole discretion or as may be required by applicable law. Company reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in this Agreement. Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Company may, in our sole discretion, modify or update this Agreement from time to time and without prior notice to you (except where notice is required by applicable law), and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the App after any such change constitutes your acceptance of the Agreement. If you do not agree to any of these terms or any future Agreement, do not use or access (or continue to access) the App.

  1. Entire Agreement/Severability.

This Agreement, together with any amendments and any additional agreements you may enter into with Company in connection with the App (including all supplemental terms referenced herein and our Privacy Policy), shall constitute the entire agreement between you and Company concerning the App. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

  1. No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

  1. Contact.

Please contact us […] with any questions regarding this Agreement.

This Agreement was last modified on […].

  1. Language

You and Company have each expressly requested and required this Agreement and all ‎documents that relate hereto be drawn up in the English language.