Introduction
We invite to access our apps and use the Davinci Genio LLC service, but please note that your invitation is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the Service (as defined below), so please review these Terms carefully.
These Terms of Use and End User License Agreement (collectively, the “Agreement”) together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person (“you”, “your” or “user”) and Davinci Genio (“we,” “us” or “our”), concerning your access to and use of “Davinci Genio Apps” software application for mobile devices (the “App”). The App’s title may vary in countries other than the U.S. and is subject to change without specific notice. By accessing or using the App you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access any content.
Changes About these Terms
We may modify these terms or any additional terms that apply to a Product to, for example, reflect changes to the law or changes to our Products. You should look at the terms periodically. We’ll post notice of modifications to these terms on this page. However, changes addressing new functions for a Product or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Product, you should discontinue your use of that Product.
Grant of License
Subject to the terms and conditions of this Agreement, Publisher Davinci Genio hereby grants you a personal, nontransferable and non-exclusive license to install and use the Application on a single iPhone device, solely for the purpose of your personal and non-commercial. Davinci Genio have the right to discontinue the availability of all or any part of the Application with or without any notice at any time. All rights not expressly granted here under are reserved by Publisher.
Description Related to Other Rights and Limitations
You may not sublicense, distribute, lease, loan or otherwise convey the Application or any portion there of to anyone. You shall not modify the Application, incorporate the Application in whole or in part in any other product or create derivative works based on all or part of the Application. You shall not remove any copyright, trademark, proprietary rights, disclaimer or warning notice included in or embedded in any part of the Application. You shall not charge others to use or access the Application and you shall not use the Application in connection with a fee-for service arrangement with third parties. Except to the extent required by applicable local law, you shall not reverse assemble, decompile, disassemble, or otherwise reverse engineer any portion of the Application. If you dispose of any media embodying the Application, you will ensure that you have completely erased or otherwise destroyed the Application and any other applications or software related thereto stored on such media.
Age Requirement on Who can Use this App
You must be 18 years of age or older to use or install the app. All users who are minors (under the age of 18) in the jurisdiction in which they reside must have the permission of, and be directly supervised by, their parent or guardian to use the App, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to use download, install, access or use the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s permission/consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
General terms about App
End user license agreement
By utilizing the App, you embrace to regard our intellectual rights (intellectual rights identified with the App’s source code, UI/UX design, content material, copyright and brand names, trademarks, hereinafter alluded to as the “Intellectual Property Rights”) just as those possessed by third parties.
As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable non-sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “License”).
The source code, Content and design, including data, photos, outlines, graphics content and other realistic materials, sounds, music or video inside the App are ensured by copyright laws and other significant laws as well as universal arrangements, and have a place with us or potentially our partners or potentially contracted by third parties.
All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities (a) are the exclusive property of Davinci Genio apps and/or our partners and/or contracted third parties, (b) are protected by the applicable international and national legal provisions, and (c) are under no circumstances transferred (assigned) to you in full or in part within the context of the license here within.
In case of unauthorize use we will not hesitate to take action.
Description About Prohibited Behavior
You will not make the App accessible to any third party. What’s more, you will not change, decompile, reverse engineer or in any case make subsidiary works from the App or any documentation concerning the App.
You shall not, lend, rent, lease, distribute, transfer the App, or use it for providing services to a third party, or grant any rights to the App or any documentation concerning the App to a third party.
Misuse of any trademarks or any other content displayed on the App is prohibited.
You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App, directly or indirectly, by way of a violation of our Intellectual Property Rights.
Moreover, you shall not make any attempts to use the App or part thereof for malicious intentions.
It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws.
All disputed arising from the usage of the App, shall be governed by and construed in accordance with the laws of the United States of America, and shall be submitted to the sole jurisdiction of the competent courts of New York, the United States of America.
You agree not to use the App in any way that:
– is unlawful, illegal or unauthorized;
– is defamatory of any other person;
– infringes any copyright, database right or trademark of any other person;
– is obscene or offensive;
– advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse
Third Party Services
Publisher’s Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing a Publisher’s App that includes third party services and third party content, such services and content are subject to such third party’s terms of services and privacy policies, which may be found on the relevant Third Party Partner’s website. Publisher’s Apps may provide access or links to Third Party Partner websites or resources. Publisher has no control over such websites and resources, and you acknowledge and agree that Publisher is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Publisher shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content (as defined below), goods or services available on or through any such website or resource. Publisher will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
Charges/ Subscriptions
The subscription automatically renews for the same price and duration period as the original weekly/monthly/yearly plan unless auto-renew is turned off at least 24-hours before the end of the current period.
The payment will be charged to your iTunes Account when you confirm the purchase.
You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes account (open your device settings and tap iTunes & App Store > Apple ID > View Apple ID > enter the password > Subscriptions > Assembly > Cancel Subscription button at the bottom.
The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 (“In-App Purchases & Cancellation Rights“) for further information. If you want to know more about this, kindly visit to http://support.apple.com/kb/ht4098
You can switch subscription plan anytime. Just open your device settings and tap iTunes & App Store > Apple ID > View Apple ID > enter the password > Subscriptions > AppName > select the subscription plan you are after.
Use of Data
You agree that we may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Publisher’s Apps.
If you have any queries, concerns or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns or complaints relating to products, orders for products, faulty products and refunds) you must direct them to the operator of that third party website or mobile application.
Severability
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be read down to become illegal, invalid or unenforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
Disclaimer of Warranty
To the extent this is permitted by applicable law, all publisher’s apps are provided on an “as is,” “with all faults,” and “as available” basis, and you use them at your sole risk.
Termination
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason.
Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the App.
Your rights under this EULA will terminate immediately and automatically without any notice from Publisher if you fail to comply with any of the terms and conditions of this EULA.
Contact Us
If you have questions and any type of suggestion then feel free to contact us.
Email: apps@davincigenio.com