Legal · App

Terms

These Terms govern your use of Terms. Please read them — they cover what you can expect from us, what we expect from you, and how we resolve problems.

Terms of Service

Terms — Terms of Service

Effective 14 April 2021

Agreement to these Terms #

These Terms of Service (“Terms”) are a legally binding agreement between you and Exevio d.o.o. (“Exevio”, “we”, “us”), Vukovarska 6, 51000 Rijeka, Croatia, governing your access to and use of Terms — a free Terms app, available on iOS / iPadOS and Android, including all related features, content and updates (the “Service”).

By downloading, installing, accessing or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 13 years old (or the age of digital consent in your country, if higher) and, if you are under 18, have permission from a parent or guardian who agrees to these Terms on your behalf to use the Service.

If you obtained the app from an app store, the store’s terms also apply; see “App store terms” below.

The Service #

We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to install and use the app on devices you own or control for your personal, non-commercial use in accordance with these Terms. The Service is licensed, not sold, to you.

We are constantly improving the Service and may add, change or remove features, or discontinue the Service entirely, at any time. Where a change materially reduces core functionality you have paid for, we will tell you in advance and, where required by law, offer a refund for the unused period.

We aim to keep the Service available at all times but cannot guarantee uninterrupted or error-free operation. Maintenance, updates and events outside our control may cause temporary interruptions.

Updates. The app may download and install updates automatically. Some updates may be required to keep using the Service. We do not promise that the Service will always work with every operating-system version or device.

Connectivity and charges. Some features need an internet connection. You are responsible for any data, roaming or other charges from your network provider.

App store terms #

If you downloaded the app from the Apple App Store, Google Play or another marketplace (each a “Store”), the following additional terms apply and prevail over conflicting Store default terms to the extent permitted:

  • These Terms are between you and us only, not the Store operator. We, not the Store, are solely responsible for the app and its content, maintenance and support, and for addressing any claims relating to it (including product-liability, consumer-protection or intellectual-property claims).
  • Your licence is limited to use on devices you own or control that run the Store’s operating system, as permitted by the Store’s usage rules (for Apple, the Apple Media Services Terms; for Google, the Google Play Terms of Service).
  • Where the app fails to conform to any applicable warranty, you may notify the Store, which may refund the purchase price; to the maximum extent permitted by law the Store has no other warranty obligation.
  • You represent that you are not located in a country subject to a US Government embargo or designated as a “terrorist supporting” country, and are not on any US Government list of prohibited or restricted parties.
  • The Store operator and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Acceptable use #

You agree not to, and not to allow anyone else to:

  • use the Service in any way that violates applicable law or regulation, or for any unlawful, harmful, fraudulent or deceptive purpose;
  • infringe the intellectual-property, privacy or other rights of anyone;
  • upload or transmit malware, or attempt to gain unauthorised access to the Service, other accounts, or the systems or networks connected to it;
  • interfere with or disrupt the Service, including by overloading it, scraping it at scale, or bypassing rate limits, security or access controls;
  • copy, modify, distribute, sell, rent, lease, sublicense or create derivative works of the Service, or reverse-engineer, decompile or disassemble it, except to the extent applicable law expressly permits;
  • remove or alter any proprietary notices, or use our name, logos or trademarks without permission;
  • use automated means (bots, crawlers) to access the Service other than through documented interfaces we provide;
  • harass, threaten, defame or abuse others, or post content that is hateful, obscene, violent or exploits minors;
  • send spam or unsolicited communications, or misrepresent your identity or affiliation;

We may investigate violations and take any action we consider appropriate, including removing content, limiting features, suspending or terminating access, and reporting to law enforcement.

Intellectual property #

The Service — including software, design, text, graphics, logos, trademarks and all related intellectual-property rights — is owned by Exevio d.o.o. or its licensors and protected by copyright, trademark and other laws. Except for the limited licence granted above, no rights are granted to you. All rights not expressly granted are reserved.

Third-party services and links #

The Service may integrate with or link to third-party services (such as Google Play Services). We do not control them and are not responsible for their content, availability or practices. Your use of them is governed by their own terms and policies.

Privacy #

Our Privacy Policy explains what personal data we collect, why, and your rights. By using the Service you acknowledge that we process personal data as described there.

Termination #

You may stop using the Service at any time. We may suspend or terminate your access, with notice where reasonably possible, if you materially breach these Terms, if required by law, if continuing poses a security or legal risk, or if we discontinue the Service. Where you have prepaid for a period and we terminate without cause, we will refund the unused portion.

Upon termination your licence ends and you must stop using and delete the app. Sections which by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnification, governing law) will survive.

Disclaimer of warranties #

To the maximum extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted, secure or error-free, that defects will be corrected, or that any content or results will be accurate or reliable. You use the Service at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. Nothing in these Terms limits any statutory rights you have as a consumer that cannot be waived.

Limitation of liability #

To the maximum extent permitted by law, Exevio d.o.o., its affiliates, officers, employees, contractors and licensors will not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data, goodwill or business opportunity, arising out of or related to the Service or these Terms, whether in contract, tort (including negligence), statute or otherwise, even if advised of the possibility of such damages.

Our total aggregate liability for all claims relating to the Service will not exceed the greater of the amounts you paid us for the Service in the twelve months before the event giving rise to the claim and €100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or under mandatory consumer-protection or product-liability law.

Indemnification #

To the extent permitted by law and except where you are a consumer, you agree to indemnify and hold harmless Exevio d.o.o. and its affiliates, officers, employees and agents from any claims, damages, liabilities and expenses (including reasonable legal fees) arising from your breach of these Terms, your misuse of the Service, or your violation of any law or third-party right. We may assume the exclusive defence of any matter subject to indemnification, and you agree to cooperate.

Consumer rights #

If you are a consumer in the European Union, EEA or United Kingdom, nothing in these Terms affects the mandatory rights you have under the laws of your country of residence, including rights concerning digital content and services, unfair terms and dispute resolution. Where these Terms conflict with such rights, your rights prevail.

In case of a dispute we encourage you to contact us first at apps@exevio.com. You may also turn to the consumer-protection authority or an accredited alternative-dispute-resolution body in your country. In Croatia this includes the Court of Honour of the Croatian Chamber of Economy and the Conciliation Centre of the Croatian Chamber of Economy. Participation in ADR is voluntary for us unless the law provides otherwise; we will let you know within a reasonable time whether we agree to take part.

Governing law and disputes #

These Terms are governed by the laws of the Republic of Croatia and applicable European Union law, without regard to conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, you also enjoy the protection of the mandatory provisions of the law of your country of residence.

Talk to us first. If you have a problem, e-mail apps@exevio.com and we will try to resolve it informally within 30 days.

Any dispute that cannot be resolved informally will be subject to the exclusive jurisdiction of the competent court in Rijeka, Croatia, except that consumers may bring or defend proceedings in the courts of their country of residence where the law gives them that right.

Changes to these Terms #

We may modify these Terms from time to time. If a change is material we will give you at least 14 days’ notice — by e-mail, an in-app notice or a prominent notice on this page — before it takes effect. If you do not agree, stop using the Service before the change takes effect. Continued use afterwards means you accept the updated Terms. The “Last updated” date at the top shows the current version.

General provisions #

  • Export control and sanctions. You may not use or export the Service in violation of EU, US or other applicable export-control and sanctions laws, and you represent that you are not on any sanctions list.
  • Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, labour disputes, government action, internet or utility failures, or failures of third-party providers.
  • Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate or a successor in connection with a merger, acquisition or sale of assets, with notice to you.
  • Severability and waiver. If any provision is held invalid, the rest remains in effect and the provision will be enforced to the maximum extent permitted. Our failure to enforce a right is not a waiver of it.
  • Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Service and supersede prior agreements. Headings are for convenience only.
  • Electronic communications. By using the Service you consent to receive communications from us electronically and agree that electronic agreements, notices and records satisfy any legal requirement that they be in writing.
  • California users. Under California Civil Code §1789.3, California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
  • Notices. We may notify you by e-mail, in the Service or by posting on this page. Notices to us should be sent to apps@exevio.com. Language. These Terms are written in English; translations are provided for convenience and the English version prevails to the extent permitted by law.

Contact us #

Questions about these Terms?

Exevio d.o.o.
Vukovarska 6, 51000 Rijeka, Croatia
apps@exevio.com
+385 95 222 1110