Please read the following Terms of Use (“Agreement”, “Terms” ) before using Software (“Service”, “App”) provided by Mushegh Papyan (“Developer”). If you do not agree to the terms of this Agreement, do not install and/or use the Service. 

 

The Developer will attempt to notify you when major changes are made to this Agreement, you should periodically review the most up to date version.

 

1. Permitted Uses and Restrictions.

1. License. Developer hereby grants you a limited, non-transferable, non-exclusive license to install and/or use the Service on any compatible device that you own or control. The Developer retains ownership of the Service and reserves all rights not expressly granted to you.

2. No Reverse Engineering. You may not, and you agree not to enable others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the Service, or any services provided by the Service, or any part thereof. 

3. Compliance and Laws. You agree to use the Service and its services in compliance with all applicable laws, including local laws of the country, state or region in which you install and/or use the Service.

4. You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that the Developer shall have to liability to you for content that may be found to be offensive, indecent, or objectionable.

5. The Developer reserves the right to add, change, modify, discontinue, suspend, limit, disable or cancel any feature and/or aspect of the Service without notifying you. 

6. Compatibility. To use the Service, you must own and/or control a compatible device and/or browser that meets the requirements as indicated by the Developer.

7. Digital Assets. Except as may be provided herein, you may not use, extract or distribute, commercially or otherwise, on a standalone basis, any photographs, images, graphics, artwork, audio, video or similar assets (“Digital Assets”) contained within, or provided as a part of, the Service, or otherwise use the Digital Assets outside the context of its intended use as part of the Service.

 

2. Termination. 

1. This Agreement if effective until terminated. Your rights under this Agreement will terminate automatically or otherwise cease to be effective without notice from the Developer if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you shall cease use of the Service and destroy all copies, full or partial of the Service.

2. The Developer reserves the right to terminate this Agreement at any time for any reason or no reason.

 

 

 

3. User Content.

1. To the extent the Service may be used to reproduce, modify, publish and distribute materials (“User Content”), it is licensed to you only for reproduction, modification, publication and distribution of non copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish or distribute. If you are uncertain about your right to copy, modify, publish or distribute any material, you should contact your legal advisor. 

2. You agree not to publish User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content; (iv) may constitute or contribute to a crime or tort; contains any information or content that is deemed to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that the User Content you publish does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights or rights of privacy or publicity.

3. The Developer takes no responsibility and assumes no liability for any User Content that you or any other User or third party modifies, publishes and distributes using the Service. You will be solely responsible for your User Content and the consequences of modifying, publishing and distributing it. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that The Developer will not be liable for any damages you allege to incur as a result of User Content.

 

4. Paid Services

1. Billing Policies. Certain products or services may be offered on or through the Service for a fee or other charge. If you elect to purchase the products or services through the Service, or to use paid aspects of the Service, you agree to the applicable pricing and payment terms, as the Developer may update them at anytime. If you elect to purchase one of the subscription offerings, by purchasing such offering, you authorize the Developer or third party service provided by the Developer to charge you a subscription fee at then-current rate and any additional charges that may incur in connection with your use of the Service. The subscription fee will be billed at the beginning of the subscription period and at regular intervals thereafter equal to the length of the subscription unless and until you cancel the subscription. The Developer reserves the right to change the duration and the pricing of the subscription at any time.  Certain subscription offerings may offer a free trial prior to charging your payment method, the period of which may or may not be communicated to you via the Service. YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES HAVE BEEN INCREASED.

2. No Refunds. THERE ARE NO REFUNDS FOR ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH THE SERVICE AND THE DEVELOPER IS NOT OBLIGATED TO PROVIDE ANY CREDITS FOR PARTIALLY USED PERIODS. 

3. Risk of Loss.  All financial transactions made in connection with the Service, will be processed by a third party service provided by the Developer in accordance with their respective terms of use, privacy and/or any applicable payment terms and conditions. In no event will the Developer be responsible for the actions or in actions of any third party payment processor, including but not limited to system downtime or payment service outages. 

4. Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service 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 Service 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.

 

5. No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ITS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. 

 

6. Limitation of Liability. 

1. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER AND EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (iii) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (iv) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT PUBLISHED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (v) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY (INCLUDING HOSTED SITES). IN NO EVENT WILL THE DEVELOPER, ITS AFFILIATES, AGENTS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO THE DEVELOPER.

 

7. Complete Agreement. 

1. This Agreement constitutes the entire agreement between you and the Developer relating to the Service, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing by the Developer. 

2. Governing Language. Any translation of this Agreement is done for local requirements and in the event of a dispute the English version of the Agreement shall govern, to the extent not prohibited by the local law in your jurisdiction.