any other related Agreement or legal
relationship with the Owner
in a legally binding way. Capitalized words are defined
relevant dedicated section of this document.
The User must read this document carefully.
Although the entire contractual relationship relating to
is entered into solely by the Owner and Users, Users acknowledge and
agree that, where this Application has been provided to them via the
Apple App Store, Apple may enforce these Terms as a third-party
What the User should know at
Please note that some provisions in these Terms
may only apply to
certain categories of Users. In particular, certain provisions may
only apply to Consumers or to those Users that do not qualify as
Consumers. Such limitations are always explicitly mentioned within
each affected clause. In the absence of any such mention, clauses
apply to all Users.
apply generally when using this Application.
Single or additional conditions of use or access may apply
scenarios and in such cases are additionally indicated within this
By using this Application, Users confirm to meet the
There are no restrictions for Users in terms of
being Consumers or
Users aren’t 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;
Users aren’t listed on any U.S. Government
list of prohibited
or restricted parties;
Unless where otherwise specified or clearly recognizable,
available on this Application is owned or provided by the Owner or its
The Owner undertakes its utmost effort to ensure that the
provided on this Application infringes no applicable legal provisions or
third-party rights. However, it may not always be possible to achieve
such a result. In such cases, without prejudice to any legal
prerogatives of Users to enforce their rights, Users are kindly asked to
preferably report related complaints using the contact details provided
in this document.
Rights regarding content on this Application - All rights reserved
The Owner holds and reserves all intellectual property
rights for any
Users may not therefore use such content in any way that is
or implicit in the proper use of the Service.
In particular, but without limitation, Users may not copy,
share (beyond the limits set forth below), modify, translate, transform,
publish, transmit, sell, sublicense, edit, transfer/assign to third
parties or create derivative works from the content available on this
Application, nor allow any third party to do so through the User or
their device, even without the User's knowledge.
Where explicitly stated on this Application, the User may
and/or share some content available through this Application for its
sole personal and non-commercial use and provided that the copyright
attributions and all the other attributions requested by the Owner are
Any applicable statutory limitation or exception to
copyright shall stay
Removal of content from parts of this Application available through the
If the reported content is deemed objectionable, it will be
within 24 hours and the User who provided the content will be barred
from using the Service.
Access to provided content
Content that Users provide to this Application is made
according to the criteria outlined within this section.
Private content provided by Users shall stay private and
will not be
shared with any third parties or accessed by the Owner without the
User’s explicit consent.
Users may (and are encouraged to) check on this Application
details of who can access the content they provide.
Access to external
Through this Application Users may have access to external
provided by third parties. Users acknowledge and accept that the Owner
has no control over such resources and is therefore not responsible for
their content and availability.
Conditions applicable to any resources provided by third
including those applicable to any possible grant of rights in content,
result from each such third parties’ terms and conditions or, in
the absence of those, applicable statutory law.
In particular, on this Application Users may see
by third parties. The Owner does not control or moderate the
advertisements displayed via this Application. If Users click on any
such advertisement, they will be interacting with any third party
responsible for that advertisement.
The Owner is not responsible for any matters resulting from
interaction with third parties, such as anything resulting from visiting
third-party websites or using third-party content.
to file a
takedown notice (called a “DMCA notice”)
If copyright holders or their agents believe that any
content on this
Application infringes upon their copyrights, they may submit a
notification pursuant to the Digital Millennium Copyright Act ("DMCA")
by providing the Owner’s Copyright Agent with the following
information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person
authorized to act on
behalf of the holder of an exclusive right that is allegedly
Identification of the copyrighted work claimed to
infringed, or, if multiple copyrighted works at a single online site
are covered by a single notification, a representative list of such
works at that site;
Identification of the material that is claimed to
be infringing or
to be the subject of infringing activity and that is to be removed
or access to which is to be disabled and information reasonably
sufficient to permit the Owner to locate the material;
Information reasonably sufficient to permit the
Owner to contact the
notifying party, such as an address, telephone number, and, if
available, an electronic mail;
A statement that the notifying party has a good
faith belief that
use of the material in the manner complained of is not authorized by
the copyright owner, its agent, or the law; and
A statement that the information in the
notification is accurate,
and under penalty of perjury, that the notifying party is authorized
to act on behalf of the owner of an exclusive right that is
Failure to comply with all of the requirements outlined
above may result
in invalidity of the DMCA notice.
Copyright infringement notifications may be addressed to the
Owner’s Copyright Agent at the contact details specified in this
This Application and the Service may only be used within the
what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use
Application and/or the Service violates no applicable law, regulations
or third-party rights.
Therefore, the Owner reserves the right to take any
to protect its legitimate interests including by denying Users access to
this Application or the Service, terminating contracts, reporting any
misconduct performed through this Application or the Service to the
competent authorities – such as judicial or administrative
authorities - whenever Users engage or are suspected to engage in any of
the following activities:
violate laws, regulations and/or these Terms;
infringe any third-party rights;
considerably impair the Owner’s legitimate
offend the Owner or any third party.
We try hard to keep this Application and Service a safe place
for all users, but we can’t guarantee it. That’s where you come in. By using
the Services, you agree that:
You will not use the Services for any purpose that is
illegal or prohibited in these Terms.
You will not use any robot, spider, crawler, scraper
or other automated means or interface to access the Services or extract
other users' information.
You will not use or develop any third-party
applications that interact with the Services or other users’ content or
information without our written consent.
You will not use the Services in a way that could
interfere with, disrupt, affect negatively or inhibit other users from
fully enjoying the Services or that could damage, disable, overburden or
impair the functioning of the Services.
You will not use or attempt to use another user’s
account, username or password without their permission.
You will not solicit login credentials from another
You will not use content that contains or links to
pornography, graphic violence, threats, hate speech or incitements to
You will not upload viruses or other malicious code
or otherwise compromise the security of the Services.
You will not attempt to circumvent any
content-filtering techniques we employ or attempt to access areas or
features of the Services that you are not authorised to access.
You will not probe, scan or test the vulnerability of
our Services or any system or network.
You will not encourage or promote any activity that
violates these Terms.
We also care about your safety while using our Services. So do
not use our Services in a way that would distract you from obeying traffic
or safety laws.
Purchase via app store
This Application or specific Products available for sale on
Application must be purchased via a third-party app store. To access
such purchases, Users must follow the instructions provided on the
relevant online store (such as "Apple App Store" or "Google Play"),
which may vary depending on the particular device in use.
Unless otherwise specified, purchases done via third-party
are also subject to such third-parties’ terms and conditions,
which, in case of any inconsistency or conflict, shall always prevail
upon these Terms.
Users purchasing through such third-party online stores must
read such terms and conditions of sale carefully and accept them.
Subscriptions allow Users to receive a Product continuously
over a determined period of time.
Paid subscriptions begin on the day the payment is received
by the Owner.
In order to maintain subscriptions, Users must pay the
fee in a timely manner. Failure to do so may cause service
handled via Apple
Users may subscribe to a Product using the Apple ID
associated with their
Apple App Store account by using the relevant process on this
Application. When doing so, Users acknowledge and accept that
any payment due shall be charged to their Apple
subscriptions are automatically renewed for the
same duration unless
the User cancels at least 24 hours before the current period
any and all fees or payments due for renewal will
be charged within
24-hours before the end of the current period;
subscriptions can be managed or cancelled in the
App Store account settings.
The above shall prevail upon any conflicting or diverging
Liability and indemnification
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any
condition, warranty, right or remedy which the User may have under the
Competition and Consumer Act 2010 (Cth) or any similar State and
Territory legislation and which cannot be excluded, restricted or
modified (non-excludable right). To the fullest extent permitted by law,
our liability to the User, including liability for a breach of a
non-excludable right and liability which is not otherwise excluded under
the re-performance of the services or the payment of the cost of having
the services supplied again.
Disclaimer of Warranties
This Application is provided strictly on an
and “as available” basis. Use of the Service is at
Users’ own risk. To the maximum extent permitted by applicable
law, the Owner expressly disclaims all conditions, representations,
and warranties — whether express, implied, statutory or
otherwise, including, but not limited to, any implied warranty of
merchantability, fitness for a particular purpose, or
non-infringement of third-party rights. No advice or information,
whether oral or written, obtained by user from owner or through the
Service will create any warranty not expressly stated
Without limiting the foregoing, the Owner, its
affiliates, licensors, officers, directors, agents, co-branders,
partners, suppliers and employees do not warrant that the content is
accurate, reliable or correct; that the Service will meet
Users’ requirements; that the Service will be available at any
particular time or location, uninterrupted or secure; that any
defects or errors will be corrected; or that the Service is free of
viruses or other harmful components. Any content downloaded or
otherwise obtained through the use of the Service is downloaded at
users own risk and users shall be solely responsible for any damage
to Users’ computer system or mobile device or loss of data
that results from such download or Users’ use of the
The Owner does not warrant, endorse, guarantee, or
responsibility for any product or service advertised or offered by a
third party through the Service or any hyperlinked website or
service, and the Owner shall not be a party to or in any way monitor
any transaction between Users and third-party providers of products
The Service may become inaccessible or it may not
properly with Users’ web browser, mobile device, and/or
operating system. The owner cannot be held liable for any perceived
or actual damages arising from Service content, operation, or use of
Federal law, some states, and other jurisdictions,
do not allow
the exclusion and limitations of certain implied warranties. The
above exclusions may not apply to Users. This Agreement gives Users
specific legal rights, and Users may also have other rights which
vary from state to state. The disclaimers and exclusions under this
agreement shall not apply to the extent prohibited by applicable
Limitations of liability
To the maximum extent permitted by applicable law,
in no event
shall the Owner, and its subsidiaries, affiliates, officers,
directors, agents, co-branders, partners, suppliers and employees be
any indirect, punitive, incidental,
or exemplary damages, including without limitation damages for
loss of profits, goodwill, use, data or other intangible losses,
arising out of or relating to the use of, or inability to use,
the Service; and
any damage, loss or injury resulting from
or other unauthorized access or use of the Service or User
account or the information contained therein;
any errors, mistakes, or inaccuracies of
personal injury or property damage, of
whatsoever, resulting from User access to or use of the
any unauthorized access to or use of the
secure servers and/or any and all personal information stored
any interruption or cessation of
transmission to or from the
any bugs, viruses, trojan horses, or the
like that may be
transmitted to or through the Service;
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
the defamatory, offensive, or illegal
conduct of any User or
third party. In no event shall the Owner, and its subsidiaries,
affiliates, officers, directors, agents, co-branders, partners,
suppliers and employees be liable for any claims, proceedings,
liabilities, obligations, damages, losses or costs in an amount
exceeding the amount paid by User to the Owner hereunder in the
preceding 12 months, or the period of duration of this agreement
between the Owner and User, whichever is shorter.
This limitation of liability section shall apply to
extent permitted by law in the applicable jurisdiction 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.
Some jurisdictions do not allow the exclusion or
incidental or consequential damages, therefore the above limitations
or exclusions may not apply to User. The terms give User specific
legal rights, and User may also have other rights which vary from
jurisdiction to jurisdiction. The disclaimers, exclusions, and
limitations of liability under the terms shall not apply to the
extent prohibited by applicable law.
The User agrees to defend, indemnify and hold the
Owner and its
subsidiaries, affiliates, officers, directors, agents, co-branders,
partners, suppliers and employees harmless from and against any and
all claims or demands, damages, obligations, losses, liabilities,
costs or debt, and expenses, including, but not limited to, legal
fees and expenses, arising from
User’s use of and access to the
Service, including any
data or content transmitted or received by User;
User’s violation of these terms,
including, but not
limited to, User’s breach of any of the representations
and warranties set forth in these terms;
User’s violation of any third-party
but not limited to, any right of privacy or intellectual
User’s violation of any statutory
law, rule, or
any content that is submitted from
including third party access with User’s unique username,
password or other security measure, if applicable, including,
but not limited to, misleading, false, or inaccurate
User’s wilful misconduct;
statutory provision by User or its
directors, agents, co-branders, partners, suppliers and
employees to the extent allowed by applicable law.
The Owner’s failure to assert any right or provision
Terms shall not constitute a waiver of any such right or provision. No
waiver shall be considered a further or continuing waiver of such term
or any other term.
To ensure the best possible service level, the Owner
reserves the right
to interrupt the Service for maintenance, system updates or any other
changes, informing the Users appropriately.
Within the limits of law, the Owner may also decide to
terminate the Service altogether. If the Service is terminated, the
Owner will cooperate with Users to enable them to withdraw Personal Data
or information in accordance with applicable law.
Additionally, the Service might not be available due to
the Owner’s reasonable control, such as “force
majeure” (eg. labor actions, infrastructural breakdowns or
Users may not reproduce, duplicate, copy, sell, resell or
portion of this Application and of its Service without the Owner’s
express prior written permission, granted either directly or through a
legitimate reselling programme.
To learn more about the use of their Personal Data, Users
may refer to
Without prejudice to any more specific provision of these
intellectual property rights, such as copyrights, trademark rights,
patent rights and design rights related to this Application are the
exclusive property of the Owner or its licensors and are subject to the
protection granted by applicable laws or international treaties relating
to intellectual property.
All trademarks — nominal or figurative — and all
trade names, service marks, word marks, illustrations, images, or logos
appearing in connection with this Application are, and remain, the
exclusive property of the Owner or its licensors and are subject to the
protection granted by applicable laws or international treaties related
to intellectual property.
The Owner reserves the right to amend or otherwise modify
these Terms at
any time. In such cases, the Owner will appropriately inform the User of
Such changes will only affect the relationship with the User
The continued use of the Service will signify the
of the revised Terms. If Users do not wish to be bound by the changes,
they must stop using the Service. Failure to accept the revised Terms,
may entitle either party to terminate the Agreement.
The applicable previous version will govern the relationship
prior to the
User's acceptance. The User can obtain any previous version from the
If required by applicable law, the Owner will specify the
date by which
the modified Terms will enter into force.
The Owner reserves the right to transfer, assign, dispose of
or subcontract any or all rights or obligations under these Terms,
taking the User’s legitimate interests into account. Provisions
regarding changes of these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations
Terms in any way, without the written permission of the Owner.
All communications relating to the use of this Application
must be sent
using the contact information stated in this document.
Should any provision of these Terms be deemed or become
unenforceable under applicable law, the invalidity or unenforceability
of such provision shall not affect the validity of the remaining
provisions, which shall remain in full force and effect.
Any such invalid or unenforceable provision will be
construed and reformed to the extent reasonably required to render it
valid, enforceable and consistent with its original intent. These Terms
constitute the entire Agreement between Users and the Owner with respect
to the subject matter hereof, and supersede all other communications,
including but not limited to all prior agreements, between the parties
with respect to such subject matter. These Terms will be enforced to the
fullest extent permitted by law.
Should any provision of these Terms be or be deemed void,
unenforceable, the parties shall do their best to find, in an amicable
way, an agreement on valid and enforceable provisions thereby
substituting the void, invalid or unenforceable parts. In case of
failure to do so, the void, invalid or unenforceable provisions shall be
replaced by the applicable statutory provisions, if so permitted or
stated under the applicable law.
Without prejudice to the above, the nullity, invalidity or
impossibility to enforce a particular provision of these Terms shall not
nullify the entire Agreement, unless the severed provisions are
essential to the Agreement, or of such importance that the parties would
not have entered into the contract if they had known that the provision
would not be valid, or in cases where the remaining provisions would
translate into an unacceptable hardship on any of the parties.
These Terms are governed by the law of the place where the
based, as disclosed in the relevant section of this document, without
regard to conflict of laws principles.
However, regardless of the above, if the User qualifies as a
Consumer and has their habitual residence in a country where the law
provides for a higher consumer protection standard, such higher
standards shall prevail.
The exclusive competence to decide on any controversy
resulting from or
connected to these Terms lies with the courts of the place where the
Owner is based, as displayed in the relevant section of this document.
The above does not apply to any Users that qualify as
nor to Consumers based in Switzerland, Norway or Iceland.
Definitions and legal
This Application (or this Application)
The property that enables the provision of the
Any legally binding or contractual relationship
Owner and the User, governed by these Terms.
Any User that does not qualify as a Consumer.
European (or Europe)
Applies where a User is physically present or
registered offices within the EU, regardless of nationality.
Owner (or We)
Indicates the natural person(s) or legal entity
this Application and/or the Service to Users.
The service provided by this Application as
these Terms and on this Application.
All provisions applicable to the use of this
and/or the Service as described in this document, including
any other related documents or agreements, and as updated
from time to time.
User (or You)
Indicates any natural person or legal entity
Any User qualifying as a natural person who
accesses goods or
services for personal use, or more generally, acts for
purposes outside their trade, business, craft or profession.