Last updated: September 1, 2022

This Terms of Use is a legal agreement between you and Gotiva Sp. z o.o. and its subsidiaries and affiliated companies (“Gotiva”, “we”, “us”, “our”), governing your use of our mobile Applications that link to these terms and our Services. The Terms of Use explains the terms and conditions that will govern your use of all our Applications and Services. By accessing or using our Applications or Services, you agree to be bound by these Terms of Use. If you do not agree, please do not use our Applications or Services.

Access Requirements

When you use our Applications or Services, you represent that you are at least 13 years of age or older if required according to law applicable in your place of residence, and have full legal capacity to accept this agreement. If you are below age of majority in your residence country you confirm that your legal representative has reviewed and approved these Terms of Use.

Updates and Modifications

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Use at any time by posting the amended version on our Services. If you continue using our Services after the new terms take effect, you acknowledge that you will be bound by the new Terms of Use. If you do not agree to any portion of the newest version of our Terms of Use you should immediately stop using our Services.

Privacy Policy

In connection to Terms of Use you should also review our Privacy Policy to learn how we use the information we collect from you when you use our Applications or our Services. The Privacy Policy is a part of Terms of Use, and by agreeing to Terms of Use, you confirm and agree on using information collected from or about you in accordance with the Privacy Policy.

Licensing

We grant you a non-exclusive, personal, limited, revocable and non-transferable licence to access, download and use our Applications only on your devices, if you agree to comply with all the Terms of Use. Applications are licensed, not sold, so we own all rights in and to the Apps and reserve all rights not expressly granted to you in this Terms of Use. You may not sell, resell, distribute, redistribute, rent, lease, sublicense, assign, copy (except for a personal backup copy), or in any other way transfer or grant any rights to our Applications to any third party. You may not distribute or make our Applications available over the network where it could be downloaded or used by multiple devices at the same time. You may not use any automatic device or process to interfere with the proper typical working of our Applications. You mustn’t also decompile, disassemble, reverse engineer or create derivative works of our Applications or any of their content. For all content you use, send, upload, communicate, transmit, or otherwise make available in connection with our Applications or Services, you grant to us and our affiliates an unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully sublicensable and fully transferable right to use, copy, reproduce, change, modify, adapt, edit, distribute, translate, transfer, host, store, display, create derivative works from, make publicly available and/or perform such content in relation to our Applications or Services throughout the world in any media, including but without limitation for purposes of operating, developing, providing, promoting, and improving the Services and researching and developing new ones.

Account Registration

To access certain features of our Applications or Services, you may be required to register an account and create a profile, allowing you to keep the same identity across devices, and access certain features enabled only to logged-in persons. Account can be created automatically in an anonymous way or you can make it personal by authenticating through one of the provided identity confirmation services. We may reject your account, ID or e-mail address for any reason at our sole discretion, especially if we find you impersonate another person, violate the intellectual property, are offensive or abusive.

Use of Applications and Services

Our Applications and Services are intended for entertainment purposes only. While using our Applications and Services you are required to comply with all applicable regulations, rules and laws. You cannot use our Applications or Services for any improper, fraudulent, illegal, or unauthorised purpose, including collecting usernames or personal data of other users, using the system to send unsolicited or commercial communication. You mustn’t post, upload or publish any content that infringes or violates any third party intellectual property rights privacy, as well as violates any applicable law or regulation. You cannot post any fraudulent, false, misleading, deceptive, defamatory, obscene, pornographic, vulgar or offensive content, as well as content that promotes discrimination, bigotry, racism, hatred, harassment or harm against individuals or groups, or that promotes illegal or harmful activities or substances. It’s also forbidden to post to or transmit through our Applications or Services any sensitive personally identifiable information about yourself or third parties, health or medical information, or other information concerning personal matters. You mustn’t take any action that would disrupt our Applications or Services or the networks, infrastructure, or functionalities connected to the Applications or Services.

Termination

These Terms of Use are in effect until terminated by any of the bound parties. We may terminate by notifying you using any contact information we have about you, or by blocking your account. You may terminate the agreement by providing written notice of termination, including your detailed contact information and any account information allowing to identify your account and confirm you as a person linked to the account. We reserve the right to, in our sole discretion, and without a notice, deny access to our Applications or Services to any person for any reason, including for engaging in the prohibited activities, breach of regulations in these Terms or Service, or breach of any applicable law. After such termination, you must delete all content obtained from our Applications or Services and all copies. You must also immediately cease all use of and access to Applications and Services and we may delete or disable access to any of your user content at that time, as well as delete your account. You agree that if your use of Applications or Services is terminated pursuant to these Terms of Use, you will not attempt to use Applications or Services under any name and agree that if you violate this restriction, you will indemnify and hold us harmless from any and all liability that we may incur therefore. Your use of Applications and Services after termination will be a violation of Terms of Use, which survives any termination. Even after the termination of these Terms of Use, your Account, or your access to the Services, any content you have posted or submitted may remain on the Application or Services indefinitely.

Intellectual Rights

All names, logos, text, designs, graphics, source code, software, images, sounds, videos, photographs and other content of our Applications and Services are protected by intellectual property rights and are owned by or used with permission or under licence by Gotiva and its licensors. You do not acquire any right, title or interest in any content by accessing or using our Applications or Services. Any rights not expressly granted herein are reserved. Except as set forth in these Terms of Use, the use of any content is prohibited.

Warranties Disclaimer

Our Applications and Services are provided “as is” and “as available”, without warranty or conditions of any kind. We cannot guarantee and do not promise any specific results from use of our Applications or Services. You agree that your use of our Applications or Services will be at your sole risk. We and each of our advertisers, licensors, suppliers, investors, employees, service providers and other contractors disclaim all warranties, express or implied, in connection with our Applications or Services. We make no warranties or representations about the accuracy, reliability, timeliness or completeness of our Applications’ or Services’ content, the content of any site linked to Applications or Services. We assume no liability or responsibility for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, any interruption or cessation of transmission to or from the Applications or Services, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, and any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via our Applications or Services.

Liability

In no event shall we be liable to you or any third party for any damages of any kind, including any indirect, incidental, special, punitive, or lost profit damages related to these Terms of Use or the use or inability to use our Applications or Services, including but not limited to damages caused by errors, omissions, interruptions, defects, delay, or any computer virus or failure.

Indemnity

You agree to indemnify, defend and hold us and all of our directors, officers, employees, agents, shareholders, successors, assigns, and contractors harmless from and against any and all claims, damages, suits, actions, liabilities, judgments, losses, costs or other expenses that arise directly or indirectly out of or from your breach of any provision of these Terms of Use, your activities in connection with our Applications or Services, or the content you provide to us through our Applications or Services. We reserve the right, at your expense, to assume the exclusive defense and control for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

Contact

In case of any questions about these Terms of Use, our Applications or Services, you can contact us at support@gotiva.global