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Terms of Service
====================
Last updated: April 28, 2024
Please read these terms of service carefully before using Our Service.
Interpretation and Definitions
==============================
Interpretation
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The words of which the initial letter is capitalized have meanings defined
under the following conditions. The following definitions shall have the same
meaning regardless of whether they appear in singular or in plural.
Definitions
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For the purposes of these Terms of Service:
* Application means the software program provided by the Company downloaded
by You on any electronic device, named Bonmo
* Application Store means the digital distribution service operated and
developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play
Store) in which the Application has been downloaded.
* Affiliate means an entity that controls, is controlled by or is under
common control with a party, where "control" means ownership of 50% or
more of the shares, equity interest or other securities entitled to vote
for election of directors or other managing authority.
* Country refers to: Ukraine
* Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Sole Proprietor Ihor Ryzhkov, Ukraine, city Lviv,
Studynskoho street 6/18.
* Device means any device that can access the Service such as a computer, a
cellphone or a digital tablet.
* Service refers to the Application.
* Terms of Service (also referred as "Terms") mean these Terms of Service
that form the entire agreement between You and the Company
regarding the use of the Service.
* Third-party Social Media Service means any services or content (including
data, information, products or services) provided by a third-party that
may be displayed, included or made available by the Service.
* You means the individual accessing or using the Service, or the company,
or other legal entity on behalf of which such individual is accessing or
using the Service, as applicable.
Acknowledgment
==============
These are the Terms of Service governing the use of this Service and the
agreement that operates between You and the Company. These Terms set out
the rights and obligations of all users regarding the use
of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms of Service. These Terms of Service apply
to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service.
If You disagree with any part of these Terms of Service then You may not
access the Service.
Your access to and use of the Service is also conditioned on Your acceptance
of and compliance with the Privacy Policy of the Company. Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and
tells You about Your privacy rights and how the law protects You. Please read
Our Privacy Policy carefully before using Our Service.
Links to Other Websites
=======================
Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company 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 the use of or reliance on any
such content, goods or services available on or through any such web sites or
services.
We strongly advise You to read the terms and conditions and privacy policies
of any third-party web sites or services that You visit.
Limitation of Liability
=======================
In no event will we or our directors, employees, or agents be liable to you
or any third party for any direct, indirect, consequential, exemplary,
incidental, special, or punitive damages, including lost profit, lost revenue,
loss of data, or other damages aarising from your use of the services, even if
we have been advised of the possibility of such damages.
Notwithstanding any damages that You might incur, the entire liability of the
Company and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You through the Service during the six (6) month period
prior to any cause of action arising. Certain US state laws and international
laws do not allow limitations on implied warranties or the exclusion or
limitation of certain damages. If these laws apply to you, some or all of
the above disclaimers or limitations may not apply to you, and you may have
additional rights.
To the maximum extent permitted by applicable law, in no event shall the
Company or its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to, damages for
loss of profits, loss of data or other information, for business interruption,
for personal injury, loss of privacy arising out of or in any way related to
the use of or inability to use the Service, third-party software and/or third-
party hardware used with the Service, or otherwise in connection with any
provision of this Terms), even if the Company or any supplier has been advised
of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of
the above limitations may not apply. In these states, each party's liability
will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
=====================================
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults
and defects without warranty of any kind. To the maximum extent permitted
under applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems or services,
operate without interruption, meet any performance or reliability standards or
be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's
provider makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Service, or the information,
content, and materials or products included thereon; (ii) that the Service
will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or
currency of any information or content provided through the Service; or (iv)
that the Service, its servers, the content, or e-mails sent from or on behalf
of the Company are free of viruses, scripts, trojan horses, worms, malware,
timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties
or limitations on applicable statutory rights of a consumer, so some or all of
the above exclusions and limitations may not apply to You. But in such a case
the exclusions and limitations set forth in this section shall be applied to
the greatest extent enforceable under applicable law.
Modifications and Interruptions
===============================
We reserve the right to change, modify, or remove the contents of the Services
at any time or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Services. We will not
be liable to you or any third party for any modification, price change,
suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform maintenance
related to the Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice to you.
You agree that we have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the Services during
any downtime or discontinuance of the Services. Nothing in these Legal Terms
will be construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection therewith.
Governing Law
=============
The laws of the Country, excluding its conflicts of law rules, shall govern
this Terms and Your use of the Service. Your use of the Application may also
be subject to other local, state, national, or international laws.
Disputes Resolution
===================
If You have any concern or dispute about the Service, You agree to first try
to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
=============================
If You are a European Union consumer, you will benefit from any mandatory
provisions of the law of the country in which you are resident in.
United States Legal Compliance
==============================
You represent and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been designated
by the United States government as a "terrorist supporting" country, and (ii)
You are not listed on any United States government list of prohibited or
restricted parties.
Severability and Waiver
=======================
Severability
------------
If any provision of these Terms is held to be unenforceable or invalid, such
provision will be changed and interpreted to accomplish the objectives of such
provision to the greatest extent possible under applicable law and the
remaining provisions will continue in full force and effect.
Waiver
------
Except as provided herein, the failure to exercise a right or to require
performance of an obligation under these Terms shall not effect a party's
ability to exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of any
subsequent breach.
Translation Interpretation
==========================
These Terms of Service may have been translated if We have made them
available to You on our Service. You agree that the original English text
shall prevail in the case of a dispute.
Changes to These Terms of Service
=================================
We reserve the right, at Our sole discretion, to modify or replace these Terms
at any time. If a revision is material We will make reasonable efforts to
provide at least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become
effective, You agree to be bound by the revised terms. If You do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.
Subscriptions
=============
This section provides terms related to the Services that are only available
with a paid subscription ("Bonmo Premium").
Recurring Subscriptions
-----------------------
If you purchase a recurring subscription to use Bonmo Premium
("Recurring Subscriptions"), the subscription will be continuous for the
subscription period you select and will automatically renew for another
subscription period until canceled. The length of your billing cycle will
depend on the type of subscription plan you choose when you subscribed
to the Services.
Cancellation
------------
You must cancel your Recurring Subscription at least 24 hours before
the end of your current subscription period to avoid being charged for
the next subscription period.
To cancel a subscription in the App Store:
1. Open your device's Settings.
2. Tap on your Apple Account
3. Tap "Subscriptions"
4. Tap "Bonmo"
5. Tap "Cancel Subscription"
If you cancel, you are not entitled to a refund for the fees you already
paid, but, subject to these Terms, you will continue to receive access
to Bonmo Premium until the end of your current subscription period.
Changes
-------
We may make changes to your Recurring Subscription, including price changes.
We will communicate material changes to your Recurring Subscription,
including any changes to the price, in advance.
Services Management
===================
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Services in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Services.
Corrections
===========
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
Contact Us
==========
If you have any questions about these Terms of Service, You can contact
us by email: legal@bonmo.app