TAKE CARE TERMS OF USE
INTRODUCTION AND ACCEPTANCE
Please read these Terms (as hereinafter defined) carefully. By using the Take Care mobile application (the “App”) (hereinafter referred to as the "Services") or otherwise indicating your acceptance (e.g. by clicking tick-box or bottom “agree”), you agree to the following terms, which will bind you at all times and in whatever manner you use the Services. In these Terms, anyone who uses the Services is considered a “User” or “Customer”. If you do not agree, or you do not have the authority to accept these Terms, you must not use the Services. The User represents and warrants that they have the right, authority, and capacity to enter into these Terms (on their behalf of themself or the entity they represent and its affiliates).
These Terms are a legally binding contract for the use of Services through the App between User as a natural or legal person and Zhbannikov Dmitrii and any of our affiliated entities (referred here to as “Provider”, ’“we”, “us” and “our”).
You should note the following rules which apply to these terms and conditions:
Privacy policy. By accepting these Terms, the User agrees to be bound by our Privacy Policy.
Changes. We may make changes to these Terms at any time, including, for example only, in order to: (a) comply with any changes to the law or regulations that apply; (b) to reflect any technical changes, such as to respond to security breaches; or (c) deal with changes to Users’ needs and changes to our business.
In case we make substantial changes to the Terms (including the changes which might affect your rights), we will always notify you via in-app consent, email, or any other means of communication we may deem fit. If you do not agree to the amended terms, you must stop using the Services. Your continued use of Services after we provide the notice will imply your acceptance of those changes.
The latest version of it is available in the App. This Terms is effective as of the 24th of June 2023.
Customer Subscription means the total cost of the Service within the selected Tariff.
Subscription Fees means the fees payable by the Customer to the Provider for the Customer Subscription within the selected Tariff available at AppStore.
Free Services means the Services or features that the Provider makes available to the Customer on a free basis with a limited range of capabilities within the Free Term.
Tariffs mean the range of capabilities of the Site with different systems of rates for the Customer Subscription depending on the scope of the Services.
During the subscription term, the Provider provides to the Customer the Services of everyday quotes and affirmations on “AS IS” basis.
Free Services. You may use some functionalities and features of the App free of charge. You may, but are not required to, provide us with your name and email address in connection with such use. Notably, Services will be limited to free use, and you will not have access to all of the functionalities and features available to paid Users.
Paid Services. We also offer subscription plans and in-app purchases that provide access to enhanced Services and additional features for a fee (“Customer Subscription”).
Age Restriction. You may only use the Customer Subscription if you are over 18 years old (or of the age of legal majority where you live, if different), and only on a limited, personal, non-transferable, non-sublicensable, and revocable basis.
Payment Method. You may purchase a Customer Subscription within App or be allowed through a third party, such as Apple App Store, Google Play or another payment processor (“Payment Processor”). If you purchase the Purchased Content from a third party, separate terms and conditions with such third party in addition to these Terms may apply to your access to the App. Payment for Customer Subscription will be charged to a credit/debit card or another payment method (the “Payment Method”) after you choose one of our Tariffs and confirm your purchase.
You agree to promptly notify us of any changes to the Payment Method you provided while any subscriptions remain outstanding.
You are responsible for all applicable fees and charges incurred, including applicable taxes.
If payment is not received by us from the Payment Method you provided, you agree to pay all amounts due upon demand by us.
Refunds. Generally, all purchases are final and non-refundable, unless required by law.
3. CUSTOMER RESTRICTIONS
For purposes of clarity and without limiting the generality of the foregoing, the Customer shall not, except as these Terms expressly permit:
4. INTELLECTUAL PROPERTY RIGHTS
The Provider is the sole owner or lawful licensee of all the rights and interests in the App. The App embodies trade secrets and other intellectual property rights protected under worldwide copyright and other laws. All title, ownership, and intellectual property rights in the App shall remain with the Provider.
Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all artwork, text, illustrations, files, images, software, scripts, graphics, photos, logos, slogans, audio, sounds, music, videos, information, content, materials, products, services, URLs, technology, filters, tools, documentation, and interactive features included with or available through App and Services (collectively, the “Provider’s Content”) and all intellectual property rights to the same are owned by us, our licensors, or both. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Provider’s Content.
The Customer retains all rights in and related to any content, materials, data, information, or other properties owned and controlled or provided by the Customer submit or collect via the App.
You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use App and the Provider’s Content for your own personal use (“User License”); however, such User License is subject to these Terms and does not include any right to: (i) sell, resell or commercially use App or the Provider’s Content; (ii) copy, reproduce, distribute, publicly perform or publicly display the Provider’s Content, except as expressly permitted by us or our licensors; (iii) modify the Provider’s Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of App or the Provider’s Content, except as expressly set forth in these Terms; (iv) use any data mining, robots or similar data gathering or extraction methods; or (v) use App or the Provider’s Content other than as expressly provided in these Terms. Any use of App or the Provider’s Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Provider’s Content.
Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title, or interest in our Services or any Provider’s Content. Any rights not expressly granted in these Terms are expressly reserved.
You must not use any of the Provider’s Content for commercial purposes unless we grant you a separate license.
The App includes the music MANTRA by Alex-Productions | https://onsound.eu/ (which is free to use commercially).
Music promoted by https://www.chosic.com/free-music/all// Creative Commons CC BY 3.0 https://creativecommons.org/licenses/by/3.0/
5. LIMITATIONS OF LIABILITY
Owing to the nature of the Internet and the fact that the Customer's access to the Free Service or Service involves functionality outside the Provider's control, the Provider is not responsible for technical problems that the Customer may experience with the Free Service or Service.
It’s your responsibility to keep your phone and access to the App secure. We, therefore, recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device.
If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the App, or other third party charges. In using the App, you’re accepting responsibility for any such charges, including roaming data charges if you use the App outside of your home territory (i.e. region or country) without turning off data roaming.
The Customer is solely responsible for her/his/its use of the Free Services or Services.
In no event shall the Provider be liable to Customer or any third party for any loss of use, revenue, or profit, or for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not Provider has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedies of its essential purpose.
In no event shall the Provider's aggregate liability arising out of or related to these Terms, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate amounts paid or payable to Provider pursuant to these Terms in the twelve (12) months period preceding the event giving rise to the claim.
Certain laws and international laws do not allow limitations on the exclusion or limitation of certain damages. If these laws apply to Customer, some or all of the above disclaimers or limitations may not apply to Customer, and Customer may have additional rights.
6. OUR POLICY REGARDING CHILDREN
You are not permitted to access or use the Services unless you are at least 18 years old. By using our Service, you confirm that you are at least 18 years old. Minors may only use the service with the involvement, supervision, and approval of a parent or legal guardian.
7. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the Delaware law (USA) without regard to its conflict of law provisions and parties agree to submit to the exclusive jurisdiction of, and venue in, the federal or state courts in the Delaware state in any dispute arising out of or relating to these Terms, except as otherwise stipulated under applicable law.
8. CHANGES TO TERMS
From time to time we may independently make changes to Terms. The latest version of it is available in the App. If such changes will seriously limit your rights, we will notify you about this.
This privacy policy is effective as of the 19th of June 2023.
9. CONTACT INFORMATION
Do you have questions about our Services and Terms? Write to us at zhbannikov_dima@mail.ru.