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This page is used to inform visitors regarding my policies with the collection, use, and disclosure of Personal Information if anyone decided to use my Service.
Information Collection and Use
For a better experience, while using our Service, I may require you to provide us with certain personally identifiable information. The information that I request will be retained on your device and is not collected by me in any way.
The app does use third party services that may collect information used to identify you.
I want to inform you that whenever you use my Service, in a case of an error in the app I collect data and information (through third party products) on your phone called Log Data. This Log Data may include information such as your device Internet Protocol (“IP”) address, device name, operating system version, the configuration of the app when utilizing my Service, the time and date of your use of the Service, and other statistics.
I may employ third-party companies and individuals due to the following reasons:
- To facilitate our Service;
- To provide the Service on our behalf;
- To perform Service-related services; or
- To assist us in analyzing how our Service is used.
I want to inform users of this Service that these third parties have access to your Personal Information. The reason is to perform the tasks assigned to them on our behalf. However, they are obligated not to disclose or use the information for any other purpose.
I value your trust in providing us your Personal Information, thus we are striving to use commercially acceptable means of protecting it. But remember that no method of transmission over the internet, or method of electronic storage is 100% secure and reliable, and I cannot guarantee its absolute security.
Links to Other Sites
These Services do not address anyone under the age of 13. I do not knowingly collect personally identifiable information from children under 13. In the case I discover that a child under 13 has provided me with personal information, I immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact me so that I will be able to do necessary actions.
TERMS AND CONDITIONS
1. Services and Price
1.1. Subject Matter
Subject to this Agreement, the Customer orders and the Contractor undertakes to provide the Services as described in the Quote for Services during the term of this Agreement.
1.2. Services Ordering
During the term of this Agreement, the Customer, from time to time, may notify the Contractor by means of communication (telephone, e-mail) of the need for provision of the Services (the “Order”).
Within 3 (three) business days after receiving the Order, the Contractor: (i) clarifies with the Customer the specific scope of the Services, their volume, timing, and methods of provision and begins the provision of the Services, or (ii) notifies the Customer about the impossibility of providing the Services, specifying grounds for the refusal.
During the actual performance of the Services, the Customer may amend the previously agreed volumes, terms and methods of Services provision or cancel the Order.
1.3. Acceptance of Services
With the aim of quality control, the Services may be accepted by the Customer on a monthly basis in portions set forth in the Contactor’s invoice.
To this extent, the Contractor will provide the Customer by e-mail or via Services tracking system specified in the Quote for Services with invoice, which the Customer in the absence of objections, shall review within 5 (five) business days from the date of receipt thereof (the “Approval Period”), and pay for the Services within the period indicated in section 1(D) of this Agreement.
If the Customer does not notify the Contractor of the objections to the Services specified in the relevant invoice within the Approval Period, such invoice shall be deemed approved by the Customer and the Services described therein shall be deemed accepted.
The Parties may mutually agree in writing that this section 1(C) does not apply.
1.4. Consideration and Payment Terms
The cost of the Services indicated in the Quote for Services is based on skills and experience of Contractor, as well as on the complexity of the Services. The Quote for Services shall contain (i) the price of one hour of the Services, or (ii) fixed monthly fee, or (iii) fees for certain quantity of Services. If the Parties agree to fixed monthly fee, the Customer is entitled to put into operation any number of Orders within any current month.
The Service fee shall be payable by the Customer within 5 (five) business days from the date of the Services acceptance pursuant to section 1(C). If the Parties have agreed in writing that section 1(C) is not applicable to them, the Service fee shall be payable by the Customer within 10 (ten) business days following the Contractor’s submission of the results of Services to the Customer by e-mail or via Services tracking system agreed by the Parties. The Customer may pay the Contractor in several installments. The Parties may establish a different payment procedure by mutual written agreement (e-mail shall be sufficient).
The Service fees may be paid to the Contractor to his/her card account, epayments account, via PayPal, or otherwise, as agreed by the Parties in writing (e-mail shall be sufficient).
The Customer has the right to change unilaterally and proportionally any Service fee to be paid to the Contractor for any reporting period in case if, including, but not limited to, the scope of Services rendered by the Contractor differs from the requested in the reporting period.
The Parties hereby agree that the payment for Services may be settled by a third Party chosen unilaterally by the Customer, and the Contractor hereby confirms and guarantees that he/she is in no need of and shall not demand any additional notices of the payer change circumstances stipulated herein.
The entering into this Agreement, as well as any other Confidential Information shall be strictly confidential and, therefore, the Contractor shall not use the Confidential Information for his/her own purposes or disclose it to any third party without prior written consent of the Customer. The Parties agree to undertake whatever measures that are reasonably necessary to protect its confidentiality both during the term of this Agreement and 3 (three) years after its termination or expiration.
In case the Customer grants the Contractor access to any servers, computer systems or other physical resources, the Contractor shall not use such access for any purpose other than for the provision of Services to the Customer under this Agreement.
2. Intellectual Property Ownership
2.1. Accrual of Intellectual Property Rights
The Parties agree that if while performing the Services the Contractor, either independently or jointly with the Customer and/or third parties, creates any works, inventions, methods and research processes, as wells as other results of intellectual activity protected by intellectual property law or similar law anywhere in the world (including software, digital or other computer files containing information, databases, illustrations, designs, images, videos, objects, sounds), and any objects, specimens, combining or embodying intellectual property rights, in whatever form or media, and any documentation and records associated with them (the “Objects”):
1) The moral rights to the Objects belong to the creator (creators) since the creation of the Objects. In this case, Contractor: (a) gives Customer the right to complete, alter, adapt, use parts and otherwise modify the created Objects without prior approval from the Contractor or other creators engaged by the Contractor upon the Customer’s permission. The Contractor agrees that such changes will not be considered a violation of the exclusive moral rights to the integrity of the Objects; (b) the Contractor hereby prohibits the Customer, and the Customer agrees not to specify the name of the creator (creators) on the Objects and their instances during their use, unless otherwise agreed in writing between the Parties in relation to each individual Object, with the exception of cases where such indication is required by law, by the competent public authorities or practical necessity, as determined at the discretion of the Customer.
2) All and any property rights to the Objects since their creation fully belong to the Customer, which may be confirmed by settlement for the relevant Services. For the avoidance of doubt, the Customer will receive all property rights to any Object that will be created in the process of the Services provision, including, but not limited to: the right to use such Objects in all ways; the exclusive right to authorize third parties to use such Objects and any derivative intellectual property created on their basis; the exclusive right to prevent and/or prohibit unauthorized use of the Objects by third parties; the right to distribute such Objects; the right to provide the public access to these Objects reproduced in any material form, for instance, through the provision of network access, including the Internet and other means; the right to modify, translate, adapt or otherwise create derivative works based on or using such Objects; the right to create collective works by inclusion to them of such Objects or derivative works created on the basis of such Objects; the right to copy, produce, distribute, sell, lease, transfer, assign, grant licenses and sublicenses to such items; the right to apply for registration and to security documents in relation to copyright, inventions, useful models, industrial samples, trademarks for goods and services and other types of intellectual property throughout the world on the basis of the specified Objects; and the right to import and export these Objects; the right to preserve the confidentiality of any information related to such Objects; the right to carry advertising for such Objects in any form, by any means, via the Internet, radio, television, print and other media in any different ways; any other intellectual property rights that may be provided by law, depending on the circumstances.
2.2. Without limiting anything set forth in section 3(A) above, and for the purpose of ensuring enforcement and application of the respective provisions, the Contractor hereby transfers and assigns fully and irrevocably to the Customer all exclusive proprietary rights, title and interest of the Contractor to the Objects (including those owned jointly with third parties and those received from third parties, if any).
2.3. Pre-Existing Intellectual Property and Third Party Materials
The Contractor undertakes not to incorporate into any Objects or utilize in the performance of the Services any pre-existing invention, discovery, original works of authorship, development, improvements, trade secret, concept or other proprietary information or intellectual property owned by the Contractor or in which the Contractor has an interest (the “Pre-existing intellectual property”), as well as proprietary information or intellectual property owned by any third party without Customer’s prior written permission (e-mail suffice). The Contractor agrees that if, in the course of performing the Services, Contractor incorporates into any Object or utilizes in the performance of the Services any Pre-existing intellectual property, the Customer is hereby granted a nonexclusive, royalty-free, perpetual, irrevocable, transferable, worldwide license (with the right to grant and authorize sublicenses) to create, order creation, use, import, offer for sale, sale, reproduce, distribute, modify, adapt, create derivative works, display, perform or otherwise exploit such Pre-existing intellectual property without any restrictions, including when it is a part of the Objects or relates to them.
2.4. Author’s remuneration
Remuneration for creation of any and all Objects and transfer of the exclusive proprietary rights, title and interest of Contractor to the Objects and proprietary rights therein to the Customer, as well as any other remunerations that may be due to the Contractor in connection with the foregoing, are deemed to be included to the respective payment for Services that resulted in creation of the relevant Objects.
2.5. Assistance to Customer
The Contractor undertakes to assist the Customer or its authorized representatives in all actions for the protection of intellectual property rights both to the Objects created during the provision of the Services and the Pre-existing intellectual property. For this purpose, if needed, the Contractor shall provide all necessary information, sign and submit all documents required for registration and receiving by Customer or its authorized representatives the security documents in respect of the abovementioned assets and intellectual property rights to them.
3. Conflict of Interests
The Contractor represents and warrants that the Contractor has no agreements, relationships, or commitments to any other person or entity that conflict with the provisions of this Agreement, the Contractor’s obligations to the Customer under this Agreement, and/or Contractor’s ability to perform the Services. The Contractor undertakes not to enter into any such conflicting agreement during the term of this Agreement.
Scope of License
By purchasing subscription to the Content via the App, you will pay the app store from which you have downloaded the App (the “App Store”) the applicable fees (and any related taxes) disclosed to you through the App as they become due.
SUBSCRIPTION AUTOMATICALLY RENEWS. YOU MUST AFFIRMATIVELY CANCEL A SUBSCRIPTION OR A FREE TRIAL TO AVOID BEING CHARGED IN YOUR APP STORE’S ACCOUNT SETTINGS AT LEAST 24 HOURS BEFORE THE END OF THE FREE TRIAL OR THE CURRENT SUBSCRIPTION PERIOD. IF YOU ARE UNSURE HOW TO CANCEL A SUBSCRIPTION OR A FREE TRIAL, PLEASE VISIT THE APPLE SUPPORT WEBSITE(OR ANY OTHER APP STORE’S SUPPORT PAGES). DELETING THE APP DOES NOT CANCEL YOUR SUBSCRIPTIONS AND FREE TRIALS.
To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you a reasonable notice of any such pricing changes by posting the new prices on or through the App and/or by sending you an email notification. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.
By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize the App Store(s) to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you through the App. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.
We may offer a free trial subscription for the Service. Free trial provides you with access to the Service for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for the Service. We may send you a reminder when your free trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Service during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.
The Service and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Service (and may do so without notice).
IN ADDITION TO PURCHASING SUBSCRIPTIONS, YOU MAY BE OFFERED ADD-ON ITEMS FOR AN ADDITIONAL FEE. This purchase is optional: your subscription is not conditional on such purchase. If you choose to purchase any add-on items, you will be immediately charged the relevant fee indicated on the purchase screen. In contrast to subscriptions, add-on items are one-off lifetime purchase that is final and cannot be cancelled. Add-on items do not provide for a free trial.
You authorize the App Store(s) to charge the applicable fees to the payment card that you submit.
Subscriptions as well as add-on items purchased via an App Store are subject to such App Store’s refund policies. This means we cannot grant refunds. You will have to contact an App Store support.
Your use of any aspect of the Service is at your own risk. You must consult with certified healthcare advisers or physicians and make your medical decisions based on their advice. We cannot and do not accept any liability in respect of any activities that you may undertake through the Service use.
We make no representations or warranties whatsoever in respect of the Service. Information regarding health, medical advice and otherwise may be provided by third parties, including other users of the Service. We cannot accept any liability whatsoever in respect of any content which is provided by third parties and/or any other users of the Service. Any actions you take based on content, notifications and otherwise provided by the Service are taken at your sole risk and we will not accept any liability in respect thereof. You should always check any information provided through the Service to ensure its accuracy. To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service or any information, content, materials or products included or referenced therein. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement of third parties’ rights and fitness for a particular purpose. You acknowledge that your use of the Service is at your sole risk.
We disclaim any implied or statutory warranties regarding:
- the security, accuracy, reliability, timeliness and performance of the Service; or
- the performance of or accuracy, quality, currency, completeness or usefulness of any information provided by the Service; or
- that the Service will be error-free or that any errors will be corrected.
We do not warrant that any description provided through the Service regarding healthcare or otherwise is accurate, complete, reliable, current, safe or error-free. No communication, information or advice given by us or any representative of ours, whether written or oral, shall create any warranty. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
The Service may not be available in all languages or in all countries, and we make no representation that the functionality of the Service would be appropriate, accurate or available for use in any particular location. The Service availability and pricing are subject to change.
Limitation of Liability
To the maximum extent permitted by applicable law, under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall we, our affiliates, or any of our or their employees, directors, officers, agents, vendors or suppliers be liable to you or to any third party for any personal injury, including death, or for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Service, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or Device failure or malfunction, even if a representative of ours has been advised of or should have known of the possibility of such damages. In no event will we be liable for any damages in excess of fifty US dollars ($50).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
email: [email protected]