These Terms & Conditions (collectively, the “Agreement”) made between you as a natural person (“you”, “your” or “user”) and Sabitzer OU (“we,” “us” or “our”) whitch offers mobile software applications (each, an "App") concerning your access of our App.
By downloading or using our App, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the App. You’re not allowed to copy, or modify the App, any part of the App, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the App, and you also shouldn’t try to translate the App into other languages, or make derivative versions. The App itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Sabitzer OU registred at Estonia, Harju maakond, Tallinn, Kesklinna linnaosa, Vesivärava tn 50-201, 1015 under number 16220270.
If you do not agree with (do not accept) this Agreement, or if you do not agree at least with one of the provisions of this Agreement, you are not authorized to, and you may not access and/or or use the App and you must promptly discontinue accessing and/or using the App.
Sabitzer OU is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or to charge for its services, at any time and for any reason. We will never charge you for the App or its services without making it very clear to you exactly what you’re paying for.
Our App stores and processes personal data that you have provided to us. It’s your responsibility to keep your phone and access to the App secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that our App won’t work properly or at all.
The App does use third party services that declare their own Terms and Conditions.
Link to Terms and Conditions of third party service providers used by the App
You should be aware that there are certain things that Sabitzer OU will not take responsibility for. Certain functions of the App will require the App to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Sabitzer OU cannot take responsibility for the App not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the App outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the App, please be aware that we assume that you have received permission from the bill payer for using the App.
Along the same lines, Sabitzer OU cannot always take responsibility for the way you use the App i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Sabitzer OU cannot accept responsibility.
With respect to Sabitzer OU’s responsibility for your use of the App, when you’re using the App, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Sabitzer OU accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the App.
At some point, we may wish to update the App. The App is currently available on iOS – the requirements for system(and for any additional systems we decide to extend the availability of the App to) may change, and you’ll need to download the updates if you want to keep using the App. Sabitzer OU does not promise that it will always update the App so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the App, and (if needed) delete it from your device.
Restrictions
In order to access and/or use our App, you must be eighteen (18) years of age or older. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to access and/or use the App, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to access and/or use the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agreed (get your parent or guardian’s consent) to this Agreement prior to your access and/or use the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. Parents and guardians must directly supervise any access and/or use of the App by minors.
You represent that you are of legal age in your jurisdiction to form a binding contract, but in any event at least thirteen (13) years old. Children under the age of thirteen (13) are not permitted to our App. If you are between thirteen (13) and eighteen (18) years old, you must review this Agreement with your parent or guardian, have him/her accept it on your behalf, as well as approve your use of the App.
Prohibited behaviour
You agree not to use the App in any way that:
– is unlawful, illegal or unauthorized;
– is defamatory of any other person;
– is obscene or offensive;
Disclaimer of warranties
You agree that your use of the App shall be at your sole risk. The services and all the materials, information, software, content integrated in the App are provided “as is” and “as available”. We do not make any warranties of any kind, either express or implied, with regard to the merchantability, technical compatibility or fitness for a particular purpose of any service, product, content or material provided pursuant to this agreement. We do not warrant that the functions contained on or through the App or its services will be available, uninterrupted or error-free, that defects will be corrected, or that the services or the servers that make the service available are free of viruses or other harmful components.
You understand and acknowledge that You may be exposed to material that is inaccurate, offensive, indecent, or otherwise objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Company with respect thereto.
Limitation of liability
In no event shall we be liable for damages of any type, whether direct or indirect, arising out of or in any way related to the App and services provided by the App. We shall not be liable under any circumstances for any special, consequential, incidental, exemplary or punitive damages, or loss of profit or revenues, even if we have been specifically advised of the possibility of such damages. We shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by any third-parties and accessed through the App or by any other means. You also specifically acknowledge that we are not liable for costs or damages arising out of private or governmental legal actions related to your use of the App and its services in any country.
Charges
Access to some services and/or additional features within the App requires paid subscriptions. The full list of Premium options and pricing is provided on the corresponding App’s page on AppStore or Google Play. If applicable You will have an opportunity to try Premium options during the free trial period. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription at least 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to basic functions of the App. Premium options are available during the whole free trial period.
Subscription with a free trial period will automatically renew to a paid subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time.
Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your Apple ID account settings / Google Play account settings at least 24 hours before the end of the current period. Payment will be charged to your Apple ID / Google Play Account at confirmation of purchase. No cancellation of the current subscription is allowed during active subscription period. Subscriptions are managed by you. Please note that removing the App from your device does not deactivate your subscription.
Changes to This Terms and Conditions
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.
These terms and conditions are effective as of 2020-09-28
Contact Us
If you have any questions or suggestions about my Terms and Conditions, do not hesitate to contact me at support@mobilapps.top