TaskieHusky — TERMS OF USE
Last updated: 31st of August, 2023
PLEASE READ THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS OF USE CAREFULLY BEFORE USING THE APP. BY USING THE APP YOU AGREE TO BE BOUND BY THESE TERMS AND ANY SPECIFIC AND/OR SUPPLEMENTAL TERMS OF USE.
1. INTRODUCTION.
1.1. These Terms of Use (the “Terms of Use”) govern your use of the mobile application named TaskieHusky (the “App”).
1.2. Our contact details:
E-mail: support@taskiehusky.com.
1.3. These Terms of Use are between the user (a parent / guardian who is at least 18 years) (“you”, “your”, “yours”) and us and not with the app store. You agree to comply with all applicable policies of the relevant app store. In the event of a conflict between these Terms of Use and policies of the relevant app store, the policies of the relevant app store shall take priority.
1.4. By using the App, you are agreeing to comply with these Terms of Use which may change from time to time as set forth herein.
1.5. If you are an individual agreeing to these Terms of Use on behalf of an entity, such as your employer, you represent that you have the legal authority to bind that entity, and “you”, “your”, “yours” shall refer herein to such entity.
2. LICENSE.
2.1. License Conditions. As long as you follow these Terms of Use, we grant to you a non-exclusive, non-transferable, non-sublicensable, worldwide, freely revocable license to download, install and use the App, in object code format, only on your personal mobile device, for the sole purpose of personally using the App (the “License”).
2.2. Prohibited Use. When using the App, you shall not:
3. NO WARRANTIES.
3.1. The App is provided “as is” and we (and our licensors, where applicable) expressly disclaim any warranties and conditions of any kind. We (and our licensors, where applicable) make no warranty that the App: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; (c) results that may be received using the App to be accurate and reliable; and (d) quality of any information or services obtained using the App meeting your expectations.
3.2. No advice or information, whether oral or written, obtained from us or elsewhere, shall create any warranty not expressly stated in these Terms of Use. You are solely responsible for any consequences of your use of the App.
4. OWNERSHIP.
4.1. App Ownership. We (and our licensors, where applicable) hold all and any rights to the App (including all modifications and additions to the App, any versions thereof), their text, software, scripts, code, designs, graphics, photos, sounds, music, videos, applications, interactive features, articles, news stories, sketches, animations, stickers, general artwork and other content, any other their parts and components, and other intellectual property, except as for the User Content.
4.2. Trademark Ownership. All trademarks, service marks, and trade names are owned, registered and/or licensed by us (and our licensors, where applicable). You do not acquire a license or any ownership rights to any trademarks, service marks or trade names through your use of the App. You agree not to change or delete any ownership notices from materials downloaded from the App.
5. USER CONTENT.
5.1. User Content. The App allows you to upload or generate photos and other content (the “User Content”). We are not responsible for User Content others upload or generate within the App.
5.2. License. User Content is owned by you or whoever created it, but by providing your User Content, you grant us a non-exclusive, transferable, sublicensable, worldwide, perpetual, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services.
5.3. Restrictions. When uploading your User Content, you shall not:
5.4. Upload any User Content that infringe or violate the rights of any party;
5.5. Upload User Content of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms of Use and Privacy Policy;
5.6. Upload any material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of the App.
5.7. Review. We reserve the right to review all User Content submitted to the App and to remove any User Content for any reason, at any time, without prior notice, at our sole discretion.
5.8. Release. Notwithstanding anything above, you agree that we do not verify your User Content when you upload or generate it. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable.
5.9. Deletion. We are not obligated to backup any User Content and it may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
6. PRIVACY
6.1. Use of the App is also governed by our Privacy Policy, a copy of which is located at [_]. By using the App, you consent to the terms of the Privacy Policy.
7. CHILDREN ACCESS TO THE APP.
7.1. Account registration. Only a parent (adult, over 18 years old) can register an account. We comply with the U.S. Children’s Online Privacy Protection Act (the “COPPA”) and Regulation of the European Parliament and of the Council (EU) 2016/679 (the “GDPR”) and do not allow the child (person who are under 13 (in the US) and 16 (in the EU)) to register an account.
7.2. Parental control. You furthermore agree that:
The App may be used by children aged 13 (in the US) and 16 (in the EU) with the prior verifiable authorization (consent) of parent or guardian. You acknowledge that you are responsible for proper supervision of your children using the App;
You will control access to the App to children under the age of 13 (in the US) and the age of 16 (in the EU). You accept full responsibility for any unauthorized use of the App by minors.
8. SUBSCRIPTION.
8.1. Subscription. Our App is free to download but to use our App you need to sign up for a paid subscription (the “Subscription”).
8.2. Fee. Subscriptions may be available at different fees chargeable for a set period of time specified in the App (the “Subscription Period”). We at our sole discretion and at any time may modify the Subscription fee. Any Subscription fee change will become effective as of the following Subscription Period. You will be provided a reasonable prior notice of any change in Subscription fee. If you do not agree to the change in Subscription fee, you shall cancel your Subscription, and it will expire at the end of the current Subscription Period.
8.3. Payment Processors. All financial transactions made in connection with the Subscription will be processed by an app store or other payment service (the “Payment Processors”) in accordance with their respective terms of use, privacy policy, and/or any applicable payment Terms of Use. We encourage you to learn about the practices of such Payment Processors. In no event we will be responsible for the actions or inactions of any Payment Processor. If you have any payment related issues regarding Subscription, then you need to contact the Payment Processors.
8.4. Trial Period. We may offer you trial Subscription free of charge for a certain period of time specified in the relevant offer in the App (“Trial Period”). If you do not cancel the Subscription within Trial Period, Subscription fee shall be charged, when the Trial Period expires.
8.5. Renewal. Please note that your Subscription begins immediately after the activation of a Trial Period, not after the Trial Period. You may cancel a Subscription during its free Trial Period using the Subscription setting from your account in the app store or other payment service.
8.6. No refund. Except when required by law, paid Subscription fees are non-refundable.
8.7. Representations. By purchasing Subscription, you are confirming that you have any and all permission that may be necessary in order to allow you to purchase Subscription. If you are a parent(s) or legal guardian we recommend that you consider any parental controls that may be provided by the app store if you are concerned that your child may make excessive purchases.
9. INDEMNIFICATION BY YOU.
9.1. You agree to hold harmless and indemnify us and our authorized officers, directors, employees, agents, partners, licensors, resellers, successors and assigns from and against any third-party claim arising from or in any way related to your breach of these Terms of Use, Privacy Policy or your use of the App in violation of applicable laws, rules or regulations, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of any kind and nature.
10. LIMITATION OF LIABILITY.
10.1. Limitations. You expressly understand and agree that we shall not be liable to you for any direct, indirect, incidental, special consequential, or exemplary damages incurred by you, including, but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute services, or other loss. The foregoing limitations on our liability shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
10.2. Cap on liability. If the limitation of liability provision under applicable law is held invalid, in any case, our cumulative liability for all claims arising from or relating to the App shall be a maximum of 100.00 (one hundred) euro.
11. FORCE MAJEURE.
11.1. In no event will we be liable or responsible for any failure or delay when and to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake or explosion, war, terrorism, invasion, riot or other civil unrest, embargoes or blockades, a national or regional emergency, internet connection degradation, strikes, labor stoppages or slowdowns or other industrial disturbances, a passage of a law or any action taken by a governmental or public authority, including imposing an embargo, export or import restriction, quota or other restriction or prohibition or any complete or partial government shutdown, or national or regional shortage of adequate power or telecommunications (including the deterioration of internet connection) or transportation.
12. TERM OF LICENSE.
12.1. Term. Your License is valid from the moment you consent to these Terms of Use and will remain in full force and effect until terminated as specified below.
12.2. Termination from your side. You may terminate your License with immediate effect by deleting relevant App from your device. You understand that any termination may involve deletion of your User Content. We will not have any liability whatsoever to you for any termination of your License, including deletion of your User Content. Only if we continue to operate the relevant App, you may again download the App, however, any User Content cannot be restored.
12.3. Termination from our side. We may immediately terminate or suspend your License in the following cases:
12.4. We have reasonable grounds to believe that you are in breach of these Terms of Use or our Privacy Policy or applicable laws (without prior notice to you);
12.5. For any other reason (with or without notice to you).
12.6. Effect of termination. Upon the termination of your License, you shall stop using the relevant App. Termination of your License by any reason does not bind us to return you any fees. Your obligations to pay off the outstanding payments to us, if any, shall remain in force after termination until their full performance.
13. CHANGES TO THESE TERMS OF USE.
13.1. These Terms of Use may be modified from time to time, subject to the amended Terms of Use effective as soon as they are posted in the relevant App (unless otherwise specified in such changes). Continued use of the App upon the effective date of changes to these Terms of Use shall indicate your consent to such changes and agreement to be bound by the Terms of Use of such changes.
14. AGE LIMITS.
14.1. You represent that you are at least 13 years old, except in the European Economic Area, where the App is limited to users aged 16 years and above. If you are younger than 13 years (or 16 where applicable), you can only download the App and use them on your device, if your parent(s) or legal guardian have/has reviewed these Terms of Use and allowed you to download the App and use the App subject to these Terms of Use. We may require adequate proof of your identity and age and consent from parent(s) or legal guardian at any time.
15. APPLICABLE LAW AND DISPUTE RESOLUTION.
15.1. Applicable law. Any issue which is not agreed in these Terms of Use will be governed by law of England and Wales.
15.2. Dispute resolution. The parties will endeavor to resolve all disputes, controversies, and claims that may arise in connection with the execution, termination, or invalidation of these Terms of Use by negotiations. The party which has any claims and/or disagreements shall send a message to the other party indicating the claims and/or disagreements that have arisen. If nevertheless a disagreement or claim was not solved by negotiations, such dispute shall be resolved in the competent court at the place of registration of us.
16. MISCELLANEOUS.
16.1. Severability. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
16.2. Entire agreement. These Terms of Use is the final, complete and exclusive agreement between you and us with respect to the subject matters hereof and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior Terms of Use).
16.3. No waiver of rights. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
16.4. Titles and interpretation. The clause titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.
16.5. Independent contractor. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other.
16.6. Assignment. These Terms of Use and your rights and obligations herein may not be assigned by you without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void. We may assign these Terms of Use without your consent. The terms of these Terms of Use shall be binding upon assignees.