This Mobile Application End User License Agreement (Agreement) is a binding agreement between you (End User or you) and Serhii Holovashchuk, (GLADDY, we, us, I).
This Agreement governs your use of the GLADDY Application on the Apple iOS® and the Google Android® operating systems, (including all related documentation, the Application).
The Application is licensed, not sold, to you.
«Y DOWNLOADING THE APPLICATION, YOU
(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT;
(B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT;
(C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD THE APPLICATION.
Subject to the terms of this Agreement, GLADDY grants you a limited, non-exclusive and nontransferable license to
• download, install and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (your Mobile Device) strictly in accordance with the Applicatios documentation;
• access, stream, download and use on such Mobile Device the content and features made available in or otherwise accessible through the Application, strictly in accordance with this Agreement.
You may not
• copy the Application, except as expressly permitted by this license;
• modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Application;
• reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
• remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
• rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Application or any features or functionality of the Application, to any third party for any reason;
• remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Application.
Certain location-based functionality made available in the Application is provided by Apple Inc., Google Inc., and/or other third-party providers.
Your use of this functionality may be subject to additional terms and conditions from the applicable providers that may be updated from time to time, including https//www.apple.com/legal/internet-services/maps/terms-en.html for Apple iOS® devices and http//www.google.com/intl/en-US_US/help/terms_maps.html for Google Android® based devices.
You must exercise your own judgment as to the adequacy and appropriateness of the information. PLEASE NOTE THAT LOCATION DATA MAY NOT ALWAYS BE ACCURATE.
THE LOCATION SERVICES ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND AND GLADDY EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO THE LOCATION SERVICES.
You may permit the Application to send you push notifications.
Push notifications may include alerts, sounds, and icon badges.
Push notifications can be configured in the settings for your device.
Your personal information may be used to provide you with push notifications.
All information collected or used in connection with push notifications are subject to our Privacy Notice https//gladdy.app/privacy-policy.
Please refer to the user guide for your mobile device for more information on how to configure or disable these push notifications.
The Application stores and processes personal data that you have provided in it or that you have provided to GLADDY in order to provide you with the access and use of the Application.
It is your responsibility to keep your Mobile Device and access to the Application secure.
We therefore recommend that you do not jailbreak or root your Mobile Device, which is the process of removing software restrictions and limitations imposed by the official operating system of your Mobile Device provided by its manufacturer, including by modifying the operating system or otherwise causing your Mobile Device to not be in conformance with the manufacturers original specifications (each such device, a Modified Device).
These activities can make your Mobile Device vulnerable to malware, viruses, and other malicious programs, compromise your Mobile Devices security features, and it could result in the Application not working properly or at all. GLADDY, its affiliates, and their respective licensors have no liability for errors, unreliable operation, or other issues resulting from the use of the Application on or in connection with Modified Devices.
The use of the Application on a Modified Device is at your sole and exclusive risk and liability.
You acknowledge and agree that the Application is provided under license, and not sold, to you.
You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement.
GLADDY and its c and service providers reserve and shall retain their entire right, title and interest in and to the Application, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Apple, Touch ID, and Face ID are registered trademarks of Apple Inc. Android is the registered trademark of Google LLC.
You acknowledge that when you download, install or use the Application, GLADDY may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application.
You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others, either through the Application or on social media.
All information we collect through or in connection with this Application is subject to our Privacy Notice https//gladdy.app/privacy-policy. By downloading, installing, using and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
GLADDY may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, Updates).
Updates may also modify or delete in their entirety certain features and functionality.
You agree that GLADDY has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Based on your Mobile Device settings, when your Mobile Device is connected to the internet either
• the Application will automatically download and install all available Updates;
• you may receive notice of or be prompted to download and install available Updates.
You must promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not operate properly should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
The Application may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (Third Party Materials).
You acknowledge and agree that GLADDY is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof.
GLADDY does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials.
Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties terms and conditions.
The term of Agreement commences when you download the Application and will continue in effect until terminated by you or GLADDY as set forth in this Section 10.
You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.
GLADDY may terminate this Agreement at any time without notice if it ceases to support the Application, which GLADDY may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
• all rights granted to you under this Agreement will also terminate;
• you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
Termination will not limit any of GLADDYs rights or remedies at law or in equity.
THE APPLICATION IS PROVIDED TO LICENSEE AS IS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GLADDY 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 APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, GLADDY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION 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.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GLADDY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR ACCESS ITS CONTENT OR FEATURES FOR
• PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES
• DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR GLADDY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless GLADDY and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement.
Furthermore, you agree that GLADDY assumes no responsibility for the content you submit or make available through this Application.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement and our Privacy Notice itute the entire agreement between you and GLADDY with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
This Agreement is governed by and rued in accordance with the internal laws of Ukraine without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the courts of Ukraine, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country.
You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.