Privacy Policy

Our Platforms (“Platforms” means website(s), including but not limited to: https://gismart.com. (the “Site”); mobile applications (means applications and games (each an “App”, collectively “Apps”)) and any related documentation, services; any images, logos, music, photographs and video content that are incorporated into and form part of our Apps and etc. (“App Content”) are owned, managed and operated by the Company).

Company shall mean:

(1) GISMART LIMITED, a private company limited by shares, incorporated and registered in England and Wales with company number 10152488 whose registered office is at 151 Wardour Street, London, England, W1F 8WE.

We develop and publish applications and games for mobile devices.

We are a data controller and are responsible for the collection, use, disclosure, retention and protection of your “personal data” (which has the meaning as set out in the General Data Protection Regulation (the “Data Protection Laws”)).

When you use Platforms, we may collect, store and process some data, including personal data. This privacy policy (“Privacy Policy”) sets out the main principles on which the data collected from you, or that you provide to us, will be processed by us. This Privacy Policy also aims to remind you about your rights and to provide you with all the elements you need to exercise them. For data protection laws in the UK, we are the controller of your personal data.

If you have any questions related to this Privacy Policy or our practices around privacy and data protection in general, please don’t hesitate to contact us.

BY USING THE PLATFORMS, YOU PROMISE US THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THIS PRIVACY POLICY. If you do not agree, or are unable to make this promise, you must not use the Platforms. In such case, you must (a) delete your account using the functionality found in “Settings” in the App, or contact us and request deletion of your data; (b) cancel any subscriptions using the functionality provided by Apple (if you are using iOS) or Google (if you are using Android); and (c) delete the App from your devices.

I. WHAT DATA DO WE COLLECT AND PROCESS?

When you visit our Platform, you may provide us with the following types of data, and we may collect and process such data in accordance with his Privacy Policy, as follows:

II. INFORMATION WE USE BUT NOT COLLECT

In order to make possible for you to use certain functions of certain app, we will process data obtained from your device (iOS devices with a front-facing TrueDepth camera) through the use of the Apple Software (through TrueDepth API technologies (ARKit Framework) that will provide us information about such human faces’ position, orientation and their topology. Information related to human faces obtained through the use of the Apple Software (ARKit) are the “Face Data”. The Face Data shall be considered the personal data.

Notwithstanding anything to the contrary in other Sections of this Privacy Policy in relation to the personal data, we do not:

• collect, store, share or transfer the Face Data off the User devices;
• use the Face Data to identify any particular individual user;
• use the Face Data for authentication, advertising, or marketing purposes, or to otherwise target a user in a similar manner;
• use the Face Data to build a user profile, or otherwise attempt, facilitate, or encourage third parties to identify anonymous users or reconstruct user profiles based on the Face Data;
• transfer, share, sell, or otherwise provide the Face Data to advertising platforms, analytics providers, data brokers, information resellers or other such parties.

You hereby express your informed written consent on processing of your Face Data as described in this Section 2 of the Privacy Policy.

III. HOW DO WE USE DATA?

When you use our Platforms, we can collect and process some of your data for different legitimate purposes. You will find below explanations regarding the reasons why we may collect data and the legal bases we rely on in each case.

IV. DATA RETENTION

a. By using our Platform, you consent for us to store your personal data in line with legal, regulatory, financial and good-practice requirements.

b. The period for which we may retain your personal data will depend on the type of personal data collected, the purposes for which it was collected, applicable limitation periods for the exercise of legal rights and whether any legal or regulatory obligations require the retention of the personal data.

V. COOKIES AND TRACKERS

a. We use cookies and other software development kits (“SDKs”) and third-party libraries. Our Platform uses the following categories of cookies:

b. Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control.

c. You may block cookies by updating the relevant settings on your device or browser to allow you to refuse the setting of some or all types of cookies. However, if you use your browser settings to block all cookies (including strictly necessary cookies) you may not be able to access all or parts of our site.

VI. WHO DO WE SHARE YOUR DATA WITH?

Company does not share your personal data except as consented by you or as described herein. We may need to share your personal data with selected third parties in the following circumstances:

A list of these third-party service providers and business partners and their privacy policies is available at https://gismart.com. The privacy policies of our partners may include additional terms and disclosures regarding their data collection and use practices. We encourage you to check those privacy policies to learn more about their data collection and use practices.

VII. WHERE IS YOUR INFORMATION STORED?

a. We will store your data in Europe where possible. We will do our best to keep this information secure. No information security system is perfect so please remember to be careful.

b. Where will your data be stored? The information we hold will primarily be stored and processed in the EU, but there may be circumstances where we need to work with trusted third parties outside of the EU in order to provide the Services to you (e.g. where we run servers in the US). By submitting your personal data, you explicitly agree to such transfer, storing or processing of data outside the EU. We will take all steps reasonably necessary to ensure that this information is treated securely and in accordance with this Privacy Policy.

c. All information we hold is stored on our secure servers (which we own or license from appropriate third parties). We use industry standard procedures and security standards to prevent unauthorised access to our servers, however no online service or website can be completely secure, so please protect the data in your possession as well.

VIII. HOW CAN YOU MANAGE YOUR DATA?

If you wish to access, correct, update your personal information, you can do so at any time by contacting us via e-mail: support@gismart.com.

If you would like us to delete your information, you may send an e-mail to support@gismart.com and place “Delete My Account” in the subject line. If you proceed with the deletion of your account, you will no longer have access to the account or services associated with your account. Other steps you should take should you wish to delete your account include disassociating your Facebook account from our applications, if applicable, and deleting the application(s) from your device. Please note that if you ask us to delete your account, all your progress in the application and any unused virtual items will be lost and we may not be able to restore them in the future.

IX. THIRD PARTY WEBSITES

Our Platform may contain links to third party websites. If you follow a link to a third-party website, please note that this Privacy Policy does not apply to those websites. We are not responsible or liable for the privacy policies or practices of those websites, so please check their policies before you submit any data to those websites.

X. SECURITY

1. We take data security seriously. We implement and maintain appropriate technical and organizational measures including resilient security systems and protocols to protect the personal data we store.
2. We have put procedures in place to deal with any suspected data security breach and will notify you and applicable regulator of a suspected breach where the breach may cause a risk to you.
3. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose personal data to you.

XI. ACCESSING YOUR PERSONAL DATA AND YOUR RIGHTS

As a result of us collecting and processing your personal data, you have the following legal rights:

• To access personal data we hold on you;
• To request us to make any changes to your personal data if it is inaccurate or incomplete;
• To request your personal data is erased where we do not have a compelling reason to continue to process such personal data in certain circumstances;
• To receive your personal data provided to us as a data controller in a structured, commonly used and machine-readable format where our processing of the personal data is based on:
  (i) your consent;
  (ii) our necessity for performance of a contract to which you are a party to; or
  (iii) steps taken at your request prior to entering into a contract with us and the processing is carried out by automated means;
• To object to, or restrict, our processing of your personal data in certain circumstances;
• If we use your personal data for direct marketing, you can ask us to stop and we will comply with your request;
• If we use your personal data on the basis of having a legitimate interest, you can object to our use of it for those purposes, giving an explanation of your particular situation, and we will consider your objection;
• To object to, and not be subject to a decision which is based solely on, automated processing (including profiling), which produces legal effects or could significantly affect you;
• If we are processing your personal data with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal data conducted pursuant to lawful processing grounds other than consent. You may do so by contacting us;
• To lodge a complaint with a data protection supervisory body, which at present, is the Commissioner for Personal Data Protection.

To exercise your rights, please contact our data protection officer at dpo@harmonybit.com or write to us at the address set forth in the “Contact” section.

XII. OUR POLICIES CONCERNING CHILDREN

Our Platform is not intended for children (under the age of 13 or such higher age as required by applicable law). We do not knowingly collect or solicit any personal data or target interest based advertising to children and we do not knowingly allow children to register for or use the Platform. Children should not use our Platform or send us any personal data about themselves at any time. In the event that we learn that we have inadvertently gathered personal data from children, we will take reasonable measures to promptly erase such information from our records. If you believe that we might have information from or about a child, please contact us dpo@gismart.com.

XIII. CONTACT

Gismart’s Data Protection Officer

You may contact Gismart’s Data Protection Officer at dpo@gismart.com or the address below for further information.

151 Wardour Street, London, England, W1F 8WE.

XIV. PRIVACY NOTICE FOR CALIFORNIA RESIDENTS, US

We don’t sell your personal info to others for money, and we’re not in the business of trading data. But like many online companies, we team up with other parties to handle our ads on different platforms. Sometimes, we may share some basic personal info with them for targeted ads. This might be seen as “selling” or “sharing” under the CCPA. If you want to opt out of this, check out this Privacy Policy on how to protect your privacy.

Opt-Out Provision: even though we don’t make money by selling your personal info, you still have the right to opt out of sharing it with our analytics and advertising partners, as defined by California or other relevant US state laws. You can do this by reaching out to us directly.

Limitation on Handling Sensitive Information: we only process sensitive personal information when absolutely necessary to provide you with products or access to use Platforms.

Request for Access: you have the right to ask for access to (i) the personal and sensitive information we have about you and how we use it; and (ii) the categories, sources, and third parties that have received your personal information or to whom it has been “sold” or disclosed in the past 12 months. You can make this request twice a year at no cost.

California Residents’ Rights: residents of California have the right to request, once a year, disclosure regarding any personal information shared with third parties for their separate direct marketing purposes. Even though we do not share information with third parties for marketing, you can reach out to us via https://account.luvly.care/contact-form. Please ensure the subject line reads “California Privacy Rights Request,” and include relevant details such as your name, street address, city, state, and ZIP code.

All mentions of “personal data” in this policy include “sensitive/personal information” as defined by California laws.

XV. PRIVACY NOTICE FOR VIRGINIA, CONNECTICUT, COLORADO, UTAH, AND NEVADA, US

We include this section for residents of other US states with privacy laws that may impact them. These privacy laws include the Virginia Consumer Data Privacy Act (“VCDPA”), the Connecticut Data Privacy Act (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”), the Colorado Privacy Act (“CPA”), and the Nevada Privacy Law (“NPL”). This section is intended to comply with these laws by supplementing the information provided elsewhere in the Privacy Policy.

Collection of personal information. We may collect the personal information as described and categorized above. Please note that some of this personal information will be considered sensitive under your state’s legal definition which can vary across different states. The personal information we may collect depending on how you use our Platform includes mental or physical health information, racial or ethnic origin, and information about sexual orientation or gender identity.

Use of personal information. We may collect, use, or disclose personal information about US state residents for the purposes described above.

Disclosure of personal information. We may disclose your personal information to the categories of service providers and third parties identified and described in this Privacy Policy.

Your privacy rights. We generally provide the privacy rights described above to you regardless of your location. Your state may afford you additional privacy rights as noted below. To exercise your right, please see the contact information here or follow the instructions below for specific state rights. We will respond to your verifiable request within the time limit afforded under applicable law.

Residents of Colorado, Connecticut, Virginia, and Utah have the right to opt out of targeted advertising and sales. Please know that we do not trigger this requirement because we do not sell your personal information for payment.

For users in Colorado, Connecticut, and Virginia, you may opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. While you may still make this request, we do not currently use profiling in this manner.

Nevada provides its residents a limited right to opt out of the sale of personal information. Please know that we do not trigger this requirement because we do not sell your personal information for payment.

XVI. CHANGES TO THIS PRIVACY POLICY

a. Any changes we may make to this Privacy Policy in the future will be posted on this page and, where appropriate, notified to you via electronic communications within our Apps. Please check back regularly to keep informed of updates or changes to this Privacy Policy.

b. This Privacy Policy was last updated on July 22, 2024.

This statement is made pursuant to the Modern Slavery Act 2015. It sets out the specific actions taken by Gismart Limited (“Gismart”) to ensure that slavery and human trafficking is not taking place in any of our supply chains or in any part of our own business.

Organisation’s structure and business

Gismart operates globally to develop, manage and publish a variety of mobile applications.

Supply Chain

Gismart operates in a sector which is at relatively low risk of slavery, unlawful child labour or human trafficking existing within the business. Gismart considers its main suppliers to be at low risk of engaging in practices of modern slavery and human trafficking. Gismart remains committed to prevent the occurrence of any practices both in the business and in the supply chain.

Business approach

We are committed to ensuring that there is no slavery or human trafficking in our supply chains or in any part of our business. Our business approach reflects our commitment to acting ethically and with integrity in all our business relationships and to implementing and enforcing effective systems and controls to ensure slavery and human trafficking is not taking place anywhere in our supply chains. Gismart has continued to formally adopt measures to assess its supply chain, including a third-party risk management assessment and audit process. Gismart usually reserves the right to terminate its relationship with any non-compliant supplier.

Due Diligence and Risk Assessments

Gismart is implementing policies and processes to carry out due diligence on any potential suppliers. Gismart continues to monitor, assess and manage risks on an ongoing basis in accordance with its risk management framework. We expect our third-party service providers will adhere to the same high standards Gismart has set for the organization.

Training

Gismart is going to implement staff training through online courses. Gismart continues to review training options and content so as to ensure appropriate awareness of modern slavery and human trafficking issues.

Approval

This statement is made pursuant to section 54(1) of the UK Modern Slavery Act 2015 and constitutes Gismart ’s slavery and human trafficking statement for the financial year ended December 31, 2023 and will be reviewed and updated for each financial year.

This statement has been approved by the Board of the directors of Gismart Limited respectively, on December 31, 2023.

Effective as of July 22, 2024

1. ABOUT US

1.1 Our Platforms (“Platforms” means website(s), including but not limited to: https://gismart.com (the “Site”); mobile applications (means applications and games (each an “App”, collectively “Apps”)) and any related documentation, services; any images, logos, music, photographs and video content that are incorporated into and form part of our Apps and etc. (“App Content”) are owned, managed and operated by the Company).

Company shall mean:

(1) GISMART LIMITED, a private company limited by shares, incorporated and registered in England and Wales with company number 10152488 whose registered office is at 151 Wardour Street, London, England, W1F 8WE.

1.2 We can be contacted by writing to:

GISMART LIMITED, 151 Wardour Street, London, England, W1F 8WE, by email at support@gismart.com

2. INTRODUCTION

These terms of use (“Terms”) constitute an agreement between you and us regarding your use of our Platforms.

Please read these Terms and our privacy policy very carefully. By using our Platforms, you agree to be bound by these Terms and by our Privacy Policy. If you don’t agree to these Terms and our Privacy Policy, do not use the Platforms.

Any terms you have with your respective mobile network provider (“Mobile Provider”) continue to apply and you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing our Platforms and any third party charges as may arise from time to time. You will be solely responsible for any costs and other charges or expenses charged by your Mobile Provider, internet service provider, network operator and/or any other third party provider in relation to your internet service, your mobile service and any use of our Platforms. In the event that you are not the bill payer for the device being used to access our Platforms, you will be assumed to have obtained permission from the relevant bill payer for using our Platforms.

If you use our Platforms onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.

Any words following the terms ‘including’, ‘include’, ‘in particular’, ‘for ‘example’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

While all of these Terms are important, you should pay particular attention to:

(a) the conditions of use of our Platforms as set out in paragraph 6;

(b) the acceptable use of our Platforms as set out in paragraph 8;

(c) our liability to each other as set out in paragraph 13; and

(d) when we may bring these Terms to an end as set out in paragraph 21.

3. REGISTRATION

In order to make full use of our Platforms, you may be required to register for an Account.

You acknowledge and agree that the information provided by you is true, accurate and correct. You agree to promptly notify us in writing in the event of any changes to any of your information.

Your login details are for your own personal use only and you must keep your login details confidential and secure. Sharing your login details with any other person is strictly prohibited.

You must notify us immediately if you suspect or become aware of any unauthorized use of your login details or any breach of our security by emailing support@gismart.com and giving details of the unauthorized use or breach.

Without prejudice to our rights and remedies, we reserve the right to promptly disable your login details and suspend your access to any of our Platforms, if in our reasonable opinion, we believe that you have breached any of the provisions of these Terms.

4. OUR PLATFORMS

Our Platforms include our Site, our Apps and App Content.

In order to comply with applicable legislation, as well as the policies applied by various app stores, the names of our applications may vary (e.g. depending on the user’s locale).

5. AVAILABILITY

We will use reasonable endeavors to ensure that our Platforms are available for download and use at all times. However, our Platforms are provided over the internet and mobile networks and so their operation and availability may be affected by factors outside of our control at any time for any reason. We do not guarantee that use of or access to our Platforms will always be available and/or uninterrupted.

6. CONDITIONS OF USE

In return for your agreeing to comply with these Terms you may:

(a) download our Apps onto a device and view, use and display our Apps on the device for your personal purposes only;

(b) use any related documentation to support use of our Apps as permitted by these Terms; and

(c) receive updates to the software code of our Apps via our Apps store that you downloaded our Apps from – these may incorporate patches and corrections of errors as we may provide to you.

Your right to use our Apps is personal to you, you may not otherwise transfer our Apps to anyone else for any reason. If you sell or give away any device on which our Apps is installed, you must remove our Apps from it first.

The ways in which you can use our Apps may also be governed by the terms of the app store that you downloaded our Apps from. In the event of a conflict between these Terms and the terms of the app store that you downloaded our Apps from, the terms of the Apps store from which you downloaded our Apps shall take priority.

Each application has its own technical requirements (including requirements for the operating system, its version, etc.). If the user’s device does not correspond to the required system and/or system version, the Company will refund the user.

7. RESTRICTIONS

Unless you have requested and received our prior written consent or unless expressly permitted in these Terms, you must not:

(a) copy our Apps except as part of the normal use of our Apps or where it is necessary for the purpose of creating a back-up or operational security;

(b) modify or translate our Apps in whole or in part, or combine or merge our Apps with any other object code or program;

(c) reverse engineer, decompile, disassemble, reduce the object code of our Apps to source code form or create (or attempt to create) derivative works based on the whole or any part of our Apps, except to the extent permitted by applicable law, and provided that the information obtained by you during such activities:
(i) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it to in accordance with applicable law; and
(ii) is not used to create any software that is substantially similar in its expression to our Apps
(iii) is kept secured; and
(iv) is used only in accordance with applicable law;

(d) distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer our Apps or your right to use our Apps;

(e) remove, modify, block, disable, obscure or impair any copyright, trademark, or other proprietary notices, material or advertising belonging to us, our licensors or other third parties contained within our Apps;

(f) incorporate our Apps into another service or website or make it available via framing or mirrors;

(g) extract any data or metadata from our Apps nor create any index or database incorporating any part of it;

(h) circumvent, disable or otherwise interfere with security-related features of our Apps or features that:
(i) prevent or restrict use or copying of any part of our Apps; or
(ii) enforce limitations on use of our Apps, in each case other than to exercise your rights under paragraphs 10.1(a) or 10.1(c);

(i) do anything that may cause damage to our Apps;

(j) carry out any harmful or illegal activities using our Apps; or

(k) use our Apps in any manner not expressly authorized by these Terms;

(l) use any robot, spider or other automated device or process to access the Site for any purpose or copy any material;

(m) publish, post, upload or distribute user content or content that is illegal or that you don’t have permission to freely distribute;

(n) use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software program or applications, exploits, cheats, or any other hacking, altering or cheating software or tool;

(o) modify any file or any other part of the Platforms that we do not specifically authorize you to modify.

8. ACCEPTABLE USE

You must:

(a) not use our Platforms in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously (for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into our Apps or into any operating system);

(b) not infringe any rights (including intellectual property rights) belonging to us or any third party in relation to your use of our Platforms;

(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of our Platforms;

(d) not use our Platforms in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

(e) comply with any applicable third party terms and conditions in respect of your use of our Platforms; and

(f) not collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from our servers.

9. MEDICAL DISCLAIMER

WE ARE NOT A LICENSED MEDICAL CARE PROVIDER AND OUR APPS IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION. You are solely responsible for your own health. This App is offered for informational purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition.

NOTHING WITHIN THE SERVICES PROVIDED BY UOR APPS IS ASSOCIATED WITH, SHOULD BE TAKEN AS, OR UNDERSTOOD AS MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT BE INTERPRETED IN SUBSTITUTION FOR ANY MEDICAL ADVICE OR ASSISTANCE, OR USED OR REFERRED TO INSTEAD OF SEEKING APPROPRIATE MEDICAL ADVICE OR ASSISTANCE FROM HEALTH CARE PROVIDERS.

PLEASE NOTE THAT YOU MUST ALWAYS CONSULT WITH A DOCTOR, YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH BEFORE COMMITTING TO ANY KIND OF FITNESS TRAINING PROGRAM OR ANY DIETARY CHANGES, ESPECIALLY IF YOU ARE PREGNANT OR NURSING OR HAVE ANY HEALTH ISSUES SUCH AS DIABETES, THYROID DYSFUNCTION, ETC.

WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO FITNESS EDUCATION AND RELATED MATERIALS.

10. FEES

Once you have installed our Apps, you can select the subscription that you would like in order to use each App. Subscriptions are available for various periods and further details of each type of subscription and its cost are detailed on the App.

You can choose the subscription you need by visiting our site(s) listed in “Platforms” in clause 1.1. of these terms.

App Content may be made available via in-app purchasing.

All transactions between you and us are handled via the app store that you downloaded the App from.

WE HEREBY NOTICE THAT THE COST OF ANY SUBSCRIPTION MAY VARY (e.g. DEPENDING ON THE GEOLOCATION OF THE USER(S), change of subscription price, change of tax rates and etc).

In some cases, set by the Company, based on our promotional plans, we may offer discounted subscription prices to users.

11. APP CONTENT

The App Content may include trademarks or copyright material owned by us or third parties. The App Content includes the images, logos, music, photographs and video content that are incorporated into and form part of our Apps. The term App Content also includes any part of any of the App Content, or any assemblage, deviation, manipulation, modification, screen print or copy of, or derivative work based on or including any of the App Content.

The App Content may only be used as part of our Apps and may not be used independently.

12. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in our Platforms throughout the world belong to us and our licensors and the rights in our Platforms are licensed (not sold) to you. You have no intellectual property rights in, or to, our Platforms other than the right to use them in accordance with these Terms.

13. LIABILITY

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but subject to paragraph 13, we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen (“Foreseeable Losses”); and

Subject to paragraph 13, we limit our aggregate liability for Foreseeable Losses, arising out of or in connection with these Terms, to you in respect of all events occurring in any calendar year, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, to the greater of:

(a) 100% of the fees paid and payable by you to us in respect of the Platforms in such calendar year; and

(b) € 50.

Subject to paragraph 13, circumstances giving rise to a loss or damage which is not foreseeable includes but shall not be limited to:

(a) any use of our Platforms in a manner that we do not authorize;

(b) ending, suspending or restricting use of our Platforms in accordance with these Terms;

(c) any loss or damage caused by us in circumstances where there is no breach of contractual obligation or legal duty owed to you by us;

(d) any loss or damage (including to any device or content belonging to you) caused by us to the extent that such loss or damage results from your negligence, your failure to follow our reasonable instructions or any other breach of these Terms (or any other contract you have in place with us), unless we were in breach of a legal obligation or duty of care owed to you by us and that breach is the substantial cause of the loss or damage;

(e) any loss or damage caused by any error, bugs or viruses arising in your use of our Platforms that are not directly caused by or attributable to our Platforms, or any incompatibility of our Platforms with any other software, hardware or material on your device; and

(f) any breach of paragraphs 7 or 8 by you.

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable legislation.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the technical requirements advised by us.

Our Apps are for domestic and private use only. If you use our Apps for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Please note that in some jurisdictions consumer protection laws may not allow certain disclaimers or exclusions or limitations of liability and consequently some of the disclaimers, exclusions and limitations of liability in these Terms may not apply.

We recommend that you back up any content and data used in connection with our Apps, to protect yourself in case of problems with our Apps.

Our Apps have not been developed to meet your individual requirements. Please check that the facilities and functions of our Apps (as described on the app stores where ours Apps are available and in the related documentation) meet your requirements.

If our provision of support for our Platforms is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event but you may terminate these Terms by ceasing to use our Platforms and deleting or removing our Apps from your device.

There are some locations where Apps with paid for in-app purchasing products are not permitted and therefore in those locations our Apps will not be visible to app store users registered in those locations.

You agree that you will compensate us for any losses (including reasonable legal fees) that we incur as a result of any breach of paragraph 7 or 8 by you.

Providing a valid email address is the sole responsibility of the user. If an incorrect email address is specified, the user may be limited in access to the application, as well as in receiving response from Company’s support for objective reasons.

14. YOUR PRIVACY

We only use any personal data we collect through your use of our Platforms in the ways set out in our Privacy Policy.

Please be aware that internet transmissions are never completely private or secure and that any message or information you send using our Platforms may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

By using our Platforms, you agree to us collecting and using technical information about the devices you use our Platforms on and related software, hardware and peripherals to improve our products.

15. THIRD-PARTY WEBSITES

You acknowledge that our Platforms may contain links to third-party websites (whether by way of advertisements or otherwise) that are not owned or controlled by us. Such links are provided for your reference only. We do not control such websites and are not responsible for the contents or your use of them, and as a result, we do not accept responsibility for the availability, suitability, reliability or content of such third-party websites.

Our inclusion of such hyperlinks in our Platforms does not imply any endorsement of the material or the views expressed within them.

16. SUPPORT

• If you think our Platforms are faulty or misdescribed please contact us using the details provided in paragraph 1.
• If we have to contact you we will do so by email, using the contact details you have provided to us.

17. ADVERTISING AND MONETISATION

You acknowledge that our Apps and the App Content may be supported by advertising revenues and we may place advertising, promotions or sponsored content on our Apps or on, about, or in conjunction with the App Content. You acknowledge that we may not always identify advertising, promotions and sponsored content and the manner, mode and extent of such advertising, promotions and sponsored content is subject to change without notice to you. We may at our sole discretion provide the ability to pay to remove advertisements via the settings menu within our Apps.

18. CHANGES TO OUR PLATFORMS

• From time to time we may automatically update our Platforms to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
• In respect of Apps if you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using our Apps.
• Changes to our Apps will not prevent our Apps working with the versions of the operating system shown on the app store that you downloaded the App from.

19. CHANGES TO THESE TERMS

• These Terms may only be modified with our prior written consent. We may alter or amend these Terms, including introducing new terms, that are:
  (a) the result of a change in applicable law or our business;
  (b) necessary for the provision of our Platforms; or
  (c) the result of any improvements to our Platforms.
• Subject to paragraph 18, if we make any changes (including any changes to our policies), we will give advance written notice to you via electronic communication within our Apps. If you notify us in writing within the thirty (30) days that you do not accept the change, these Terms will terminate immediately. However, if you continue to use our Platforms after providing such notice or after the thirty (30) day period, you are accepting these Terms as updated.
• We are under no obligation to notify you of any changes to these Terms that result in minor adjustments or corrections to these Terms.

20. TRANSFER OF RIGHTS

• We may transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
• You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

21. TERMINATION

• These Terms apply from when you start to use our Platforms (the “Effective Date”) and will remain in full force and effect while you use our Platforms until terminated in accordance with this paragraph 21.

• We may terminate these Terms and your use of our Platforms, or suspend your use of our Platforms, immediately by written notice to you if:

  (a) we consider that you have used our Platforms in violation of these Terms;

  (b) we believe there has been unauthorised access to our Platforms;

  (c) we, at our sole discretion, decide to withdraw our Platforms (whether in whole or in part);

  (d) we have a legal or regulatory obligation imposed on us, which impacts our ability to provide our Platforms; or

  (e) for any other reason provided that we have given you advance written notice by email, SMS or via an electronic communication within our Platforms.

We may discontinue licensing any of the App Content at any time at our sole discretion. In this instance you will be able to continue to use our Apps with the App Content, but it will no longer be available on app stores and will no longer be supported by us.

You can terminate these Terms by ceasing to use our Platforms, deleting or uninstalling our Apps from your device. If you purchase Subscription as specified in paragraph 22, you should also cancel your Subscription directly.

Upon termination for any reason:

(a) all rights granted to you under these Terms cease (however, any liabilities incurred by you under these Terms prior shall survive any such termination);

(b) you must cease all activities authorized by these Terms; and

(c) you must delete or remove our Apps from your device.

22. USAGE RESTRICTIONS

Use of Platforms is limited to users aged 13 years and above, except in the European Economic Area (“EEA”), where the services are limited to users aged 16 years and above. To make a purchase via Platforms (described in the paragraph titled “Subscriptions” below), you must be 18 years or older and capable of forming a binding contract.

23. GENERAL

23.1. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

23.2. These Terms are governed by legislation of the Republic of the United Kingdom (including non-contractual disputes or claims) and legal proceedings in respect of these Terms and our Platforms shall be dealt with exclusively by the courts of the United Kingdom.

23.3. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the relevant provision shall be deemed modified to the minimum extent necessary to make it valid, and the invalidity of such provision will not affect the validity of the remaining provisions of these Terms and Conditions which will remain in full force and effect.

23.4. Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of these Terms by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of these Terms.