In-App Purchases

The Application includes in-app purchases that allow you to buy individual extra topics or to subscribe to the Service (“In-App Purchases”). These are optional extras. It is not necessary to make any In-App Purchases in order to use the Service and the core free topics of the Application.

While you cannot prevent In-App Purchases from being offered within the Application, you can switch off or manage your ability to complete In-App Purchases by changing the settings of the device on which you use the Application. You acknowledge and agree that you are fully responsible for managing your In-App Purchases.

If you are under 18 then you must have your parents’ or guardians’ permission to make any In-App Purchases. By completing the In-App Purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you to make that In-App Purchase.

You can find more information about how to switch off and/or manage the In-App Purchases of your device in the terms and conditions/end-user licence agreement (“EULA”) of Google Play, Apple App Store, as appropriate; in your device’s help settings or online.

If you are a parent or guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may make unauthorized In-App Purchases.

If you make any In-App Purchases, that In-App Purchase cannot be cancelled after you have initiated its download. If you make any In-App Purchases in the Application, then the App Store Provider’s terms and conditions/EULA applicable to In-App Purchases will also apply.

You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the Application and are governed by the App Store Provider’s terms and conditions/EULA. If you have any payment related issues with In-App Purchases, including subscriptions, then you need to contact the App Store Provider directly.

Subscription Services

Payment will be charged to your Apple ID or Google Play account at the confirmation of subscription purchase.

All subscriptions are auto-renewable and will renew unless cancelled more than 24-hours before the end of the current period.

Your Apple ID or Google Play account will be charged within 24 hours before the end of the current period.

You can manage and cancel your subscription anytime through your Apple ID or Google Play account settings.

Any unused portion of a free trial will be forfeited if you purchase a subscription.

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These Terms and Conditions should be read in conjunction with our Privacy Policy

Introduction

Please take a few moments to read the Terms and Conditions carefully in regard to the use of our service (“the Service”) including all of our mobile applications (the “Application”). The Service is owned by KM.Company of Kharkiv, Ukraine (“the Company”). By using this Service, you will be bound by these Terms and Conditions and the Company’s Privacy Policy (“Privacy Policy”). If you do not agree to these Terms and Conditions and/or the Privacy Policy you must not use this Service or any service provided via it.  Use of the Service is expressly conditional upon your assent to all the Terms and Conditions of this agreement, to the exclusion of all other terms.

We strongly recommend that you read these Terms and Conditions carefully before you start to use our Application, as these will apply to your use of our Application and constitute a legal agreement between you and us. If you are under the age of 18, make sure that your parent or legal guardian reads these terms and conditions on your behalf as their consent is necessary in order for you to use our Application. You must be aged 13 or over in order to download and operate the Service. We recommend that you print a copy of this for future reference.

When you first use the Service, you must confirm your acceptance of these Terms and Conditions.

Your Use of our Application

These Terms and Conditions govern your use of the Service, that is our Application and all related Application and Sites.

You must not use this Service for anything that is unlawful or is prohibited by these Terms and Conditions and/or any notices elsewhere on this Service.

You further agree that in relation to this Service you will not in any way conduct yourself in a manner which is unlawful or which gives rise to civil or criminal liability or which might call into disrepute the Company or the Service.

You will cooperate fully with the Company to investigate any suspected unlawful, fraudulent or improper activity.

You must not sell, copy, reproduce, translate, communicate, reverse engineer, publish, stream, distribute, rent, loan, sub-licence, derive source code from, modify, adapt, merge, disassemble, decompile, create derivative works based on, or otherwise transfer or deal in copies or reproductions of the Application and Sites or any part or interest in it to or with other parties in any way.

If you feel that the behaviour of another user breaches these Terms and Conditions then please let the Company know by sending an email to support@daywidget.com with details of the potential breach and/or the user responsible. The Company will take reasonable steps to deal with any breach.

Your data

When you use our Application, we may collect personal or non-personal information from you. Please make sure you read and understand our Privacy Policy (link) which describes the data we collect and what we do with it.

Termination

These Terms and Conditions are effective until terminated.

You may terminate these Terms and Conditions at any time and for any reason by requesting cancellation of your account.

The Company may terminate these Terms and Conditions if you fail to abide by any of these Terms and Conditions or we reasonably suspect that you have failed to abide by any of these Terms and Conditions.

KM.Company may take any action it deems reasonable in its sole discretion against users who do not comply with the Terms and Conditions.

Following termination, you will no longer be permitted to use any of the Application and you will be required to delete the Application from your device.

Modifications

For as long as the Company continues to offer the Service, it shall provide and seek to update, improve and expand the Service. Therefore, we reserve the right to change our Application, the Sites, the Service or these Terms and Conditions from time to time.

The Company may need to withdraw, modify, discontinue or suspend one or more aspects of the Service where the Company has a good reason to do so (including technical difficulties). However, the Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.

If we modify these Terms and Conditions, we will post the modification on the Application and Sites.

By continuing to access or use our Service after we have posted a modification, you are indicating you agree to be bound by the modified Terms and Conditions.

Online Service

Please note that the Application rely on internet connectivity and the availability of our Service for much of their functionality.

We will use our reasonable endeavours to ensure that the Application and the Service will be available for at least 3 months from the date upon which you last make a purchase in connection with any of the Application.

You are responsible for ensuring that you have an internet connection and that the device you use has sufficient system requirements and memory in order to play and store the Application.

You must not attempt to gain unauthorised access to the Service or to the computers, devices, servers, or networks connected to the Service by any means other than the user interface in our Sites and Application.

Intellectual Property Rights and Licence

The Application comprise copyrighted works of KM.Company and/or its licensors. The Application are licensed, not sold. Your licence confers no title or ownership in the Application.The Application are solely for use by end users according to the terms of these Terms and Conditions.

Any use, reproduction or redistribution of these Application not in accordance with the terms of these Terms and Conditions is expressly prohibited.

The Service contains a variety of content including, without limitation: information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Service; trademarks, logos, trade names, service marks, and trade identities of KM.Company; other forms of intellectual property (all of the foregoing, collectively “Content”).

Linking to our Apps & Sites

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our Apps on any website that is not owned by you.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of Content on our Sites other than that set out above, please contact support@daywidget.com.

Dealing with Third Parties

The Company is not an agent of any third party or any party named or linked to this service (“Third Parties”) and does not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any content, advertising, products or other materials available from such Third Parties.

You agree that (to the maximum extent permitted by law) the Company (and its officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with, without limitation, a Third Party and/or any other users of this service.

Limitation of our liability

Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the fullest extent permitted by law, aside from these Terms and Conditions and our Privacy Policy, we exclude all conditions, warranties, representations or other terms which may apply to our Sites or the Services, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: Use of, or inability to use, our Sites or Application; Use of, or reliance on, any content displayed on our Sites or Application. In particular, we will not be liable for: loss of profits, sales, business or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; any indirect or consequential loss or damage.

You agree not to use our Sites for any commercial or business purposes unless agreed in writing by the Company.

Although we have no reason to believe that any information contained in the Application or the Sites is inaccurate, we do not warrant the accuracy, adequacy or completeness of the information except where warranties are made non-excludable by applicable legislation.

Viruses

We do not guarantee that our Service, Sites and Application will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Sites. You should use your own virus protection software.

You must not misuse our Service, Sites and Application by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to our Service, the server on which our Sites and Application are stored or any server, computer or database connected to our Sites.

You must not attack our Service via a denial-of-service attack or a distributed denial-of service attack.

We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

In the event of such a breach, your right to use our Sites will cease immediately.

No Waiver

If we fail to insist that you perform any of your obligations under these Terms and Conditions, or if we do not enforce our rights in relation to you, or if we delay in doing so, that will not mean that we have waived our rights in relation to you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

Severance

If any provision of these Terms and Conditions is found by a court or administrative body of competent jurisdiction to be invalid or unenforceable such invalidity shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.

Indemnification

You agree to defend, indemnify and hold the Company and its affiliates harmless from all liabilities, claims, losses, costs and expenses, including legal or solicitor’s fees that arise from your use of, or activities in connection with the Service, Sites and Application, or those of any child authorised by you; any violation of these Terms and Conditions by you or any child authorised by you; any allegation that any content that you or any child authorised by you make available via the Service, Sites and Application infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.

Consumer Rights

These Terms and Conditions shall not limit any rights you might have as a consumer that may not be excluded by law.

Applicable law and Jurisdiction

These Terms and Conditions, their subject matter and formation, are governed by Ukraine law. You and we both agree to that the courts of Kiev will have exclusive jurisdiction.

These Terms and Conditions set out the Company’s entire agreement and understanding with respect to the subject matter of these Terms and Conditions and supersedes all representations, communications and prior agreements (written or oral).

Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.

Unless expressly provided in the Terms and Conditions, no term of them is enforceable by any person who is not a party to it.

 

Any comments or queries should be directed to us using the following contact details.

KM.Company, Kharkiv, Ukraine

support@daywidget.com