Effective as of July 23, 2021
1. ABOUT US
1.1 Harmonybit’s Platforms (“Platforms” means websites https://harmonybit.com/, facetory.beauty (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 (“App Content”) are owned, operated and managed by HARMONYBIT LTD (we / us / our), a private company limited by shares, incorporated and registered in the Republic of Cyprus with company number HE 3920773 whose registered office is at Spyrou Kyprianou, 79, PROTOPAPAS BUILDING, 2nd floor, Flat/Office 201, 3076, Limassol, Cyprus.
1.2 We can be contacted by writing to HARMONYBIT LTD, Spyrou Kyprianou, 79, PROTOPAPAS BUILDING, 2nd floor, Flat/Office 201, 3076, Limassol, Cyprus, by e-mail at [email protected]
(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;
4. OUR PLATFORMS
Our Platforms include our Site, such our Apps as the “Pixel Cat”, “Video Puzzles – Magic Puzzle” games and the “My Water”, “Facetory: Face Yoga & Exercise” and “Astrospot: horoscope matches, daily predictions” apps, etc.
We will use reasonable endeavours 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
(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.
(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
(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 THE APP “FACETORY: FACE YOGA & EXERCISE” 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. The App “Facetory: Face Yoga & Exercise” 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 THE APP “FACETORY: FACE YOGA & EXERCISE” 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.
11. APP CONTENT
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.
(a) 100% of the fees paid and payable by you to us in respect of the Platforms in such calendar year; and
(b) € 50.
(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.
14. YOUR PRIVACY
15. THIRD-PARTY WEBSITES
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
19. CHANGES TO THESE TERMS
(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.
20. TRANSFER OF RIGHTS
(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 thirty (30) days’ written notice by email, SMS or via an electronic communication within our Platforms.
(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.
21. USAGE RESTRICTIONS
Use of Platforms is limited to users aged 13 years and above, except in 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.
22.1. Free or paid trial.
We may offer a free or paid (for a small payment) trial subscription for service. Unless you cancel at least 24 hours before the end of the trial, you will be automatically charged a price indicated on the payment screen or/and Apple’s/Google’s payment pop-up screen for a chosen subscription period. Please note that if a trial is offered, this will be explicitly stated on the price screen before the checkout. If this is not the case, you will purchase our subscription without a trial.
The Subscription renews automatically for the same period at the end of each Subscription period ( (each week, month, 6 months, year, or otherwise, depending on the option selected by you at the time of purchase) at the cost of the chosen package. Your Account will be charged for the renewed Subscription within 24 hours prior to the end of the current Subscription. If You cancel the automatic renewal within the last 24 hours of the Subscription, such cancellation will take effect at the end of the new Subscription.
22.3. Payment method.
Payment will be charged to the payment method you submitted at the time of purchase at confirmation of purchase (after you confirm by single-touch identification, facial recognition, or entering your payment method details on the web, or otherwise accepting subscription terms provided on the payment screen or on the pop-up screen provided by Apple/Google or on our web page) or after the end of the trial period. You authorize us to charge the applicable subscription fees to the payment method that you use.
Your subscription renews automatically at the end of each period until you cancel. You must cancel your Subscription before it renews to avoid the billing of the fees for the next Subscription period.
If You uninstall the App, Your Subscription will not stop automatically. You must cancel the automatic renewal of Your Subscription in order not to be charged with the cost of the new Subscription.
Please note that after your subscription period expires, we will not be able to refund you as the service will be deemed consumed in full, unless otherwise provided for by applicable law.
22.6. Refund and Money-back policy for subscriptions purchased on our websites
Generally, the payments made to us are non-refundable. However, there are a few exceptions that can lead to a positive response to a refund request:
If you purchased the Subscription directly on our websites and the money-back option was presented to you during the checkout, you are eligible to receive a refund if you did not get visible results with our App, provided that all of the following conditions are met:
HOW TO DEMONSTRATE THAT YOU HAVE FOLLOWED THE APP PROGRAM
You can demonstrate that you have followed the program by fulfilling the following simple condition:
(1) you provide screenshots from the app proving that you have finished
Generally, if you do not meet the conditions of our Money-back Guarantee set out above, the fees you have paid are non-refundable and/or non-exchangeable, unless otherwise is stated herein or as required by applicable law. In addition, certain refund requests may be considered by our company on a case-by-case basis and granted at our sole discretion.
A refund can usually be claimed only during the subscription period. If the subscription period has expired before you made a request for a refund, we will not be able to provide you with a refund.
Note that the refunds can only be made to the payment method used to purchase the service.
If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your User Account (“Chargeback”), this will be considered as a breach of your payment obligations hereunder, and your use of our Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Account may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account may be subject to cancellation.
If you have any questions or concerns regarding a payment made to us, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent our Services from being cancelled and your User Account being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to our Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.
To the maximum extent permitted by applicable laws, we may change subscription fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the app and/or by sending you an email notification, or in other prominent ways. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect.
If you have any questions in relation to the subscription terms, please contact us via [email protected]
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 laws of the Republic of Cyprus (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 Cyprus.
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.