Harmonybit

TERMS OF USE FOR HARMONYBIT MOBILE APPLICATIONS

Effective as of April 16, 2021

ABOUT US
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.
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]
INTRODUCTION
1. These terms of use (“Terms”) constitute an
  agreement between you and us regarding your use of our Platforms.
2. Please read these Terms and our privacy policy, available here
  (“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.
3. We recommend that you save or print a copy of these Terms for future reference. Click here to
  generate a PDF version of these Terms that can be saved or emailed
  to you for printing.
4. 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.
5. 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.
6. 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.
7. While all of these Terms are important, you should pay particular attention
  to:
  1. (a) the conditions of use of our Platforms as set out in paragraph 6;
  2. (b) the acceptable use of our Platforms as set out in paragraph 8;
  3. (c) our liability to each other as set out in paragraph 13;
    and
  4. (d) when we may bring these Terms to an end as set out in paragraph
    21;
REGISTRATION
1. In order to make full use of our Platforms, you may be required to register for an Account.
2. 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.
3. 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.
4. You must notify us immediately if you suspect or become aware of any
  unauthorised use of your login details or any breach of our security by
  emailing [email protected] and giving details of the unauthorised use or
  breach.
5. 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.
OUR PLATFORMS
1. 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.
AVAILABILITY
1. We will use reasonable endeavours to ensure that our Platforms are available for download and use at
  all times. However, ours 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.
CONDITIONS OF USE
1. In return for your agreeing to comply with these Terms you may:
  1. (a) download our Apps onto a device and view, use and display our Apps on the device
    for your personal purposes only;
  2. (b) use any related documentation to support use of our Apps as permitted by these
    Terms; and
  3. (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.
2. 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.
3. The ways in which you can use our Apps may also be governed 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 our Apps store from which you
  downloaded our Apps shall take priority.
RESTRICTIONS
1. Unless you have requested and received our prior written consent or
  unless expressly permitted in these Terms, you must not:
  1. (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;
  2. (b) modify or translate our Apps in whole or in part, or combine or merge our Apps
    with any other object code or program;
  3. (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:
    1. (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
    2. (ii) is not used to create any software that is substantially similar in its
      expression to our Apps
    3. (iii) is kept secure; and
    4. (iv) is used only in accordance with applicable law;
  4. (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;
  5. (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;
  6. (f) incorporate our Apps into another service or website or make it available via
    framing or mirrors;
  7. (g) extract any data or metadata from our Apps nor create any index or database
    incorporating any part of it;
  8. (h) circumvent, disable or otherwise interfere with security-related features of our
    Apps or features that:
    1. (i) prevent or restrict use or copying of any part of our Apps; or
    2. (ii) enforce limitations on use of our Apps,
    3. in each case other than to exercise your rights under paragraphs 9.1(a) or
      9.1(c);
  9. (i) do anything that may cause damage to our Apps;
  10. (j) carry out any harmful or illegal activities using our Apps; or
  11. (k) use our Apps in any manner not expressly authorised by these Terms.
  12. (l) use any robot, spider or other automated device or process to access the Site for any
    purpose or copy any material;
  13. (m) publish, post, upload or distribute user content or content that is illegal or that you
    don’t have permission to freely distribute;
  14. (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;
  15. (o) modify any file or any other part of the Platforms that we do not specifically authorize you
    to modify.
ACCEPTABLE USE
1. You must:
  1. (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);
  2. (b) not infringe any rights (including intellectual property rights)
    belonging to us or any third party in relation to your use of our Platforms;
  3. (c) not transmit any material that is defamatory, offensive or otherwise
    objectionable in relation to your use of our Platforms;
  4. (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;
  5. (e) comply with any applicable third party terms and conditions in respect of your
    use of our Platforms; and
  6. (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.
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.
FEES
1. Once you have installed our Apps, you can select the subscription
  that you would like in order to use each App. Subscriptions are
  available on a weekly, monthly, annual and lifetime basis and further
  details of each type of subscription and its cost are detailed on the
  App.
2. App Content may be made available via in-app purchasing.
3. All transactions between you and us are handled via the app store that you downloaded the
  App from.
APP CONTENT
1. 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.
2. The App Content may only be used as part of our Apps and may not be used independently.
INTELLECTUAL PROPERTY RIGHTS
1. 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.
LIABILITY
1. 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
2. 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:
  1. (a) 100% of the fees paid and payable by you to us in respect of the Platforms in such
    calendar year; and
  2. (b) £50.
3. Subject to paragraph 13, circumstances giving rise to a loss or
  damage which is not foreseeable includes but shall not be limited to:
  1. (a) any use of our Platforms in a manner that we do not authorise;
  2. (b) ending, suspending or restricting use of our Platforms in accordance with these
    Terms;
  3. (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;
  4. (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;
  5. (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
  6. (f) any breach of paragraphs 6 or 10 by you.
4. 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 English law.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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 minimise 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.
11. Our Apps, which are available on various app stores, are controlled
  and offered by us from our facilities in United Kingdom. The
  distribution of our Apps via app stores is governed by their rules with
  which we must comply. 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.
12. 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 6 or 10 by you.
YOUR PRIVACY
1. We only use any personal data we collect through your use of our
  Platforms in the ways set out in our Privacy Policy which can be found here.
2. 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.
3. By using our Apps, 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.
THIRD PARTY WEBSITES
1. 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.
2. Our inclusion of such hyperlinks in our Platforms does not imply any endorsement of the material
  or the views expressed within them.
SUPPORT
1. If you think our Platforms are faulty or misdescribed please contact us using the details provided
  in paragraph 1.2.
2. If we have to contact you we will do so by email, using the contact details you have
  provided to us.
ADVERTISING AND MONETISATION
1. 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.
CHANGES TO OUR PLATFORMS
1. 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.
2. 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.
3. 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.
CHANGES TO THESE TERMS
1. These Terms may only be modified with our prior written consent. We
  may alter or amend these Terms, including introducing new terms, that
  are:
  1. (a) the result of a change in applicable law or our business;
  2. (b) necessary for the provision of our Platforms; or
  3. (c) the result of any improvements to our Platforms.
2. Subject to paragraph 20.3, if we make any changes (including any
  changes to our policies), we will give thirty (30) days’ prior written
  notice to you by email. 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.
3. We are under no obligation to notify you of any changes to these
  Terms that result in minor adjustments or corrections to these Terms.
TRANSFER OF RIGHTS
1. We may transfer our rights and obligations under these Terms to
  another organisation. We will always tell you in writing if this happens
  and we will ensure that the transfer will not affect your rights under
  the these Terms.
2. You may only transfer your rights or your obligations under these Terms to another person if
  we agree in writing.
TERMINATION
1. 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.
2. 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:
  1. (a) we consider that you have used our Platforms in violation of these Terms;
  2. (b) we believe there has been unauthorised access to our Platforms;
  3. (c) we, at our sole discretion, decide to withdraw our Platforms (whether in whole or in
    part);
  4. (d) we have a legal or regulatory obligation imposed on us, which impacts our
    ability to provide our Platforms; or
  5. (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.
3. 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.
4. 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.
5. Upon termination for any reason:
  1. (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);
  2. (b) you must cease all activities authorised by these Terms; and
  3. (c) you must delete or remove our Apps from your device.
USAGE RESTRICTIONS
1. 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.
SUBSCRIPTIONS
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.
2. Subscription.
  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 automatic
  renewal within the last 24 hours of the Subscription, such cancellation will take effect at the end of
  the new Subscription.
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.
4. Cancelation.
  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 purchased the Subscription or enabled trial on the App Store, please, change subscription
  settings of Your Account. Learn more about managing subscriptions (and how to cancel them) on Apple support page.
  • if You purchased the Subscription or enabled trial on Google Play, please, change subscription
  settings of Your Account. Learn more about managing subscriptions (and how to cancel them) on Google’s
  support page.
  • if you purchased a subscription or enabled trial on our websites: please, contact us by email at [email protected].If You uninstall the App, Your
  Subscription will not stop automatically. You must cancel automatic renewal of Your Subscription in
  order not to be charged with the cost of the new Subscription.
5. Refunds.
  If you purchased a subscription or enabled trial on App Store: If you are eligible for a refund,
  you’ll have to request it directly from Apple. To request a refund, follow these instructions from the
  Apple support page.
  If you purchased a subscription or enabled trial on Google Play: If you are eligible for a refund,
  you’ll have to request it directly from Google. To request a refund, follow these instructions from
  the Google’s support page.
  If you purchased a subscription or enabled trial on our websites: We provide refunds at our own
  discretion and subject to laws and our policies that may be published from time to time. Refund will
  be provided if we find the request acceptable.
  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.
6. Changes.
  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].
GENERAL
1. This agreement does not give rise to any rights under the Contracts
  (Rights of Third Parties) Act 1999 to allow anyone other than you or us
  to enforce any term of these Terms or of the Privacy Policy.
2. 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.
3. 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.
4. 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.
5. 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.