Last updated: 28 May 2024
1. Preamble
1.1 These Terms of Use (“Terms'') govern your access and use of Images to PDF - PDF Maker app, ("Application" or“ App” or Service) of Mostytska Anastasia, located: Nahiryanka village, Kotlyarevs'koho St, 2 48543 (“we”, “us” or “our”). You may not use the App unless you agree to them, so please read these Terms carefully. You may only access the App after reading and accepting these Terms of Use. The App is not created for children specially. Do not attempt to access the App if you are a child under the age of 16 or the age of consent in your respective country.
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2. Your Agreement with us
2.1 Applicable Law: You have established a contract with us and you agree to be bound by the laws of the Ukraine regardless of conflicting laws and provisions thereof.
2.2 Any information that you provide to us is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the App you consent to collection and use (as set forth in the Privacy Policy pursuant to Applicable Law) of this information. As part of providing the Services by the App, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered as part of the Services, which you may not be able to opt-out from receiving.
2.3 To get the full access to the functionality of the Application, you need to grant the Application an access to the following functions of your device:
2.3.1 android.permission.RECEIVE_BOOT_COMPLETED Allows an application to receive the Intent.ACTION_BOOT_COMPLETED that is broadcast after the system finishes booting
2.3.2 android.permission.INTERNET Allows applications to open network sockets
2.3.3 android.permission.WAKE_LOCK Allows the app to prevent the phone from going to sleep.
2.3.5 android.permission.WRITE_EXTERNAL_STORAGE Allows an application to save data to external storage. Used to access application files to the device storage (application specific - save the generated QR code in the device's internal storage)
2.3.6 android.permission.ACCESS_NETWORK_STATE Allows applications to access information about networks
2.3.7 android.permission.SET_ALARM Allows an application to broadcast an Intent to set an alarm for the user.
2.3.8 android.permission.WAKE_LOCK Allows using PowerManager WakeLocks to keep processor from sleeping or screen from dimming.
2.3.9 android.permission.VIBRATE Allows access to the vibrator.
2.3.10 android.permission.POST_NOTIFICATIONS Allows an app to post notifications
2.3.11 android.permission.SCHEDULE_EXACT_ALARM Allows applications to use exact alarm APIs.
If you refuse to provide the access to the functions of your device to the Application request, it may cause some Application features to appear unavailable.
3. Posting and Amending Terms
3.1 We will post the content of these Terms on our service home page or a separately connected screen, or will provide a pop-up page in order for you to easily access the information.
3.2 We may amend these Terms if necessary, within a boundary that does not infringe applicable laws such as the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc. ("Information and Communications Network Act"), the Act on Consumer Protection in Electronic Commerce Transactions, etc., and the Regulation of Standardized Contracts Act or other applicable laws and regulations.
3.3 If we amend these Terms of Use, we will announce the specific application date and the reason for amendment.
3.4 If you fail to express any disagreement explicitly with the updated Terms version and continue to use the App you shall be deemed to have agreed with the amended version of Terms of Use.
3.5 When you do not agree to the amended Terms of Use, we cannot apply amended provisions of App and you may terminate your App usage and delete it from your device.
4. Prohibited Activities
4.1 You agree to refrain from behaving in the following manner along with restrictions included in this Terms of Use. Otherwise explicitly allowed by this Terms of Use, using App without prior agreement from us is strictly prohibited and if there are such cases, the rights to use the license which was given to you by this Terms of Use terminates.
4.2 It is prohibited to:
4.2.1 Use the App for any purpose that is illegal, beyond the scope of their intended use or otherwise prohibited in these Terms;
4.2.2 Use the App in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App or that could damage, disable, overburden or impair the functioning of the App in any manner;
4.2.3 Compromise the security of the App;
4.2.4 Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the App or to extract data;
4.2.5 Reverse engineer any aspect of the App or do anything that might lead to the discovery of source code or bypass or circumvent measures applied to prevent or limit access to any area, content or code of the App;
4.2.6 Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
4.2.7 Engage in any harassing, intimidating, predatory conduct or stalking;
4.2.8 Infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right;
4.2.9 Develop any third-party applications which interact with the App or the Content of the App without our prior written consent; and
4.2.10 Use the App for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
5. Your License to use the App
5.1 We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the App. This license is for the sole purpose of enabling you to use and enjoy the benefit of the App as provided by us, in a manner permitted by these Terms.
5.2 You can use this Application by installing it from Google Play®. For more information, please read the Google Play Terms of Use.
5.3 Once you login to the Application, you may be proposed to update your account and purchase a Subscription. Please, find more details in the paragraphe 12 below.
5.4 You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell or participate in any sale, rent, lease, loan, assign, distribute, license, sublicense or exploit in any way, in whole or in part of our App or any related program and software.
6. Our Rights.
6.1 All rights and titles to the App are and will remain our exclusive property. The App, parts of it, any content included that can be identified as a separate intellectual property objects are protected by copyright, trademark, and other laws. Nothing in the Terms gives you the right to use the name of the App or any part of the App and its content, such as trademarks, logos, domain names, or other distinctive brand features.
7. Termination
7.1 You can stop using our App any time.
7.2 We may add, modify or remove features or functionalities of the App, and we may temporarily or permanently suspend or stop the App. We may also add or create new limits to our App any time.
7.3 In addition, termination of your account does not free you from any obligations of payments arised before such termination.
7.4 If the App is terminated or discontinued, then we will make a reasonable effort to notify you.
8. Our Disclaimer for Warranties
8.1 THIS APPLICATION 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 THIS APPLICATION, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED IN IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APPLICATION, THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION AT YOUR SOLE RISK. WE CANNOT AND DOES NOT REPRESENT OR GUARANTEE THAT ANY OF THE INFORMATION AVAILABLE THROUGH OUR SERVICES OR ON THE APPLICATION IS ACCURATE, RELIABLE, CURRENT, COMPLETE OR APPROPRIATE FOR YOUR NEEDS.
8.2 WE MAKE NO WARRANTY AND ASSUME NO OBLIGATION OR LIABILITY FOR SCRIPTS, INDICATORS, IDEAS AND OTHER CONTENT OF THIRD PARTIES. YOUR USE OF ANY THIRD-PARTY SCRIPTS, INDICATORS, IDEAS AND OTHER CONTENT IS AT YOUR SOLE RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW EXCEPT AS EXPRESSLY SET FORTH HEREIN. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE THIRD PARTY’S LINKS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE THIRD PARTY’S CONTENT OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A THIRD PARTY OR THEIR PRODUCTS OR SERVICES. WE DO NOT GUARANTEE THAT THE THIRD PARTY WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
9. Our Limitation on Liability
9.1 IN NO EVENT WE WILL BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE APPLICATION, ITS FUNCTIONS, LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND OUR REASONABLE CONTROL.
9.2 IN NO EVENT WE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY/DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO US FOR SUBSCRIPTION DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
9.3 The functioning of the Application is designed so that we engage various Advertising Partners' (Ad. Partners) whose advertising you may receive by using the Application. As for us, we inform you that all advertisements sent in connection with the use of the Application must contain an appropriate link to opt out of receiving them. At the same time, we declare that we are not the direct senders of such ads and cannot guarantee the possibility of opting out of them. Therefore, the responsibility for the compliance of advertising with legal requirements lies solely on the Ad Partners' as a third party. Advertising Partners agree not to rely on our approval of its advertising for compliance with the applicable law and not to make any claim that such adv. complies with the applicable laws and regulations based on our approval.
10. Payment, Fees and Other Charges.
10.1 If you choose to use any subscription option provided, you become to a subscriber, that means that you agree to pay all fees and charges associated with that paid subscription on a timely basis. Unless otherwise stated, all fees and charges are due and payable in advance, are non-refundable and are exclusive of any applicable federal, state or local taxes. All such fees and charges (including any taxes and late fees, as applicable) will be charged to the payment method you provided when you decided to access that paid subscription of the App. You agree to maintain a valid payment method during the term of your use of the App.
10.2 Use of the App may involve transmission of data through your carrier or service provider's network. You are responsible for all carrier, text/SMS, data or other related fees or charges you incur from your carrier or service provider in connection with or related to your use of the App. We assume no liability or responsibility for the payment of any charges you may incur.
11. Linked destinations and advertising
11.1 The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, resources and other content or items belonging to or originating from third parties (“Third-Party Content”).
11.2 Consideration of, connecting to, or allowing the use or establishment of any Third-Party Websites or any Third-Party Content doesn't infer endorsement or underwriting thereof by us. By using Third-Party Websites, you acknowledge and agree that Application is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at Third-Party Websites. In the event you choose to leave the Application and access the Third-Party Websites or to use or introduce any Third-Party Content, you do as such at your own danger, and you ought to know these Terms of Use presently don't oversee such connections.
11.3 You should survey the relevant terms and arrangements, including protection and information gathering rehearses, of any site to which you explore from the Application or identify with any Applications you use or introduce from the Application. Any buys you make through Third-Party Websites will be through different sites and from different organizations, and we assume no liability at all comparable to such buys which are solely among you and the material outsider. Application does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Websites or for any other materials, products, or services of third parties. Application is not responsible for the contents of, updates to, or privacy practices of third parties operating Third-Party Websites. The personal information you choose to give to such third parties is not covered by our privacy policies. You agree that you use Third-Party Websites at your sole risk. We highly recommend you review and familiarize yourself with the terms of use and privacy policies of all Third-Party Websites prior to using them.
11.4 You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
11.5 We may allow the Advertisers to display their advertisements and other information (Adv. content) in certain areas of the Application, such as sidebar advertisements, banner advertisements or widget advertisement - Internal advertisement. We simply provide the virtual space for the Advertisers to place such advertisements, and we have no other relationship with Advertisers. We expressly disclaim any warranties or other representations regarding the Advertiser`s Adv. content. Please note if the Adv. content contains links to other websites and resources (also provided by Advertisers or the third parties), these links are provided without our control. We do not control the content of these sites or resources and are not responsible for them or for any loss or damage that may result from your use of them. If you use such links, you do so entirely at your own risk and subject to the terms of use, privacy policies of such Advertisers or other third parties.
11.6 Internal advertisements are generated and published by advertising networks, e.g. AdMob.
12. Governing Law
12.1 These Terms of Use and your use of the Application are governed by and construed in accordance with the laws of Ukraine. Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of Ukraine.
13. Contact Us
13.1 For any reason you find it necessary, please, contact us at [email protected] by sending the email.
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