These Terms of Use (henceforth − Agreement) is a legal agreement between you (henceforth − you) and UAB Geoface, a company incorporated under the laws of the Republic of Lithuania (henceforth − Company, we or us) intended for the use of our software, and all related services, features and content offered by the Company (collectively − App).
- ACCEPTANCE OF THE AGREEMENT
Please read this Agreement and the Privacy Policy carefully. By accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of the Privacy Policy and the Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.
We may modify this Agreement from time to time. We will notify you by email, through the App, or by presenting you with a new version of the Agreement for you to accept if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.
2 LIMITED LICENSE TO THE APP
We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the App for any purposes consistent with the terms of this Agreement.
All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other intellectual property or other content owned by the Company, you must obtain prior written permission from the Company. Permission requests may be sent to [email protected].
3 USE OF THE APP
Registration by filling out a registration form is required to access and use the App.
You may only use and access the App for lawful purposes. You shall not use or access or assist any third parties in using or accessing the App in ways that:
- violate or infringe our rights, the rights of other users or third parties, including intellectual property rights, privacy rights or other rights or legitimate interests, or applicable laws, or give rise to such violations or infringements;
- impersonate anyone;
- involve sending illegal or impermissible communications such as spam, or other unsolicited commercial messages or communications;
- are generally illegal, hateful, discriminatory, offensive, defamatory, or otherwise inappropriate, including promoting illegal activities;
- involve any other unauthorized way or purpose of use of the App.
4 YOUR CONTENT
As a part of your use of the App you may upload or otherwise make available some content including, but not limited to, comments, photos, texts, agricultural information, etc. (henceforth − Content).
You are solely responsible for the Content you upload or otherwise make available through the App. Your Content does not include any content created or provided by us or any third-party content. You are responsible for ensuring that your Content does not include content that is illegal, obscene, harassing, hateful, or otherwise inappropriate, including promoting illegal activities.
When you upload or otherwise make available your Content through the App, you warrant and represent that:
- you possess all necessary rights and permissions to upload or otherwise make available your Content;
- the use of your Content does not violate or otherwise affect any third-party rights, including intellectual property rights, privacy rights, other rights or lawful interests, and/or applicable laws.
By uploading or otherwise making available your Content through, via or in the App you hereby grant us a worldwide, irrevocable, perpetual, royalty-free, sublicensable, transferable license to use, modify, reproduce, distribute, make derivative works of, publicly display or perform, your Content in connection with the App, Company’s general activities related to the App (including improvement of the App, adaptation of machine learning and AI, etc.).
Unless otherwise stated in this Agreement, all privacy-related aspects of your Content shall be governed by the Privacy Policy.
We do not directly monitor or control the Content uploaded or otherwise made available through the App. The Company disclaims any liability, direct or indirect, arising out of the Content uploaded or otherwise made available through the App. However, the Company reserves the right to review your Content prior to submission to the App and to remove any such Content for any reason, at any time, without prior notice, at the Company’s sole discretion. The Company may disable, delete, or hide any Content that violates this Agreement or applicable laws.
If you have knowledge about any Content that violates this Agreement or applicable laws, please contact us at [email protected].
- SECURITY
You shall not download, access, or use the App in such a way as to disrupt, hamper or otherwise disturb the operation of the App.
It is explicitly and strictly forbidden under this Agreement to decompile, copy or otherwise intrude into the App system code or its components.
- THIRD-PARTY SERVICES AND INTEGRATION
The App may allow you to access or use the content, apps, websites, or services of third parties (henceforth − Third-Party Services). The terms of use and privacy policies of the Third-Party Services shall govern your use of such services. For instance, when you choose to send an email to share your Content using your Google account, then all applicable Google terms of use and privacy policy will apply. When you access and use Third-Party Services via the App, we are not responsible for these Third-Party Services and we do not endorse or make any warranties and representations about such Third-Party Services.
- WARRANTY DISCLAIMER
The Company controls and operates the App from various locations but makes no representation that the App is appropriate or available for use in all locations. The App or certain features thereof may not be available in your location or may vary across locations.
THE APP IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, ENDORSEMENTS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY, AND ITS EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THE RESULTS OF USING THE APP WILL MEET YOUR EXPECTATIONS AND REQUIREMENTS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, PARTNERS, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGE OR LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION OF CONTRACT, TORT, EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OF THIS APP. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT PAID ANY AMOUNT TO THE COMPANY FOR THE USE OF THE APP. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY OR ANY THIRD PARTIES MENTIONED ON THE APP ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP.
- USE OF MOBILE DEVICES
Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.
10 ENFORCEMENT RIGHTS
We are not obligated to monitor access or use of the App, but we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not obligated) to remove or disable any Content posted to the App or access to the App at any time and without notice, and at our sole discretion, if we determine in our sole discretion that your Content or use of the App is objectionable or in violation of this Agreement.
The Company assumes no liability or responsibility to users of the App or any other person or entity for the above acts or omission.
11 CHANGES TO THE APP
From time to time and without prior notice to you, we may change, expand, and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or of any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.
12 TERMINATION AND SURVIVAL
We may suspend or terminate your license or access to the App anytime for any reason, such as if you violate any material terms of this Agreement, or create any harm, risk, or possible legal consequences for us, or other users.
Upon termination, provisions of the Agreement, which, by their nature, should survive termination, shall survive, including, without limitation, warranty disclaimer, dispute resolution, indemnity, limited license to the App and limitations of liability.
13 ASSIGNABILITY
You shall not transfer any of your rights and obligations under this Agreement to any third party without our prior written consent. All our rights and obligations under this Agreement may be assigned by us upon notice in the event of assignment of the App or our rights thereto or in connection with a merger, acquisition, corporate restructuring, sale of assets.
14 DISPUTE RESOLUTION
Any dispute arising from this Agreement shall be governed by the laws of the Republic of Lithuania without regard to conflict of law provisions. ANY DISPUTE ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE RESOLVED IN AN APPROPRIATE LITHUANIAN COURT BY OPERATION OF LITHUANIAN LAWS.
15 MISCELLANEOUS
If for any reason a court or any other competent authority finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of this Agreement shall continue in full force and effect.
16 CONTACT US
If you have any comments or questions on any part of the services or any part of this Agreement, please feel free to contact us at [email protected].
Update date: [2021-03-18]