Harmonybit

TERMS OF USE FOR HARMONYBIT MOBILE APPLICATIONS

Effective as of March 02, 2020

ABOUT US
1. Harmonybit’s mobile applications (“Apps”) 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 Apps and the
  images, logos, music, photographs and video content that are
  incorporated into and form part of our Apps (“App Content”).
2. Please read these Terms and our privacy policy, available here
  (“Privacy Policy”) very carefully. You acknowledge and agree that by
  ticking the “I Accept” box at the bottom of this screen, you signify
  that you have read, understood, and agree to be bound by these Terms and
  our Privacy Policy. If you do not accept these Terms or our Privacy
  Policy, you are not permitted to install or use any of our Apps.
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 Apps 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 Apps including the downloading of any available App Content. In the
  event that you are not the bill payer for the device being used to
  access our Apps, you will be assumed to have obtained permission from
  the relevant bill payer for downloading and using our Apps.
5. If you download our Apps 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) your rights in relation to content that you upload or create as set
    out in paragraph 6;
  2. (b) the conditions of use of our Apps as set out in paragraph
    8;
  3. (c) the acceptable use of our Apps as set out in paragraph
    10;
  4. (d) our liability to each other as set out in paragraph 13;
    and
  5. (e) 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 Apps, 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 Apps, if in our reasonable opinion, we believe that you have
  breached any of the provisions of these Terms.
OUR APPS
1. Our Apps include 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 Apps and App Content are available for download and use at all times. However, ours App and App Content 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 Apps or App Content 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.
ACCEPTABLE USE
1. You must:
  1. (a) not use our Apps 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 Apps;
  3. (c) not transmit any material that is defamatory, offensive or otherwise
    objectionable in relation to your use of our Apps;
  4. (d) not use our Apps 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 Apps; 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

You are solely responsible for your own health. The App “Facetory: Face Yoga & Exercise” is offered for educational and 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.
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 Apps, App Content and
  related documentation throughout the world belong to us and our
  licensors and the rights in our Apps are licensed (not sold) to you. You
  have no intellectual property rights in, or to, our Apps or related
  documentation 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 App 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 Apps in a manner that we do not authorise;
  2. (b) ending, suspending or restricting use of our Apps 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 Apps that are not directly caused by or attributable
    to our Apps, or any incompatibility of our Apps 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 Apps 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 Apps and
  deleting or removing it 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
  Apps 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
  Apps 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 Apps on and related software,
  hardware and peripherals to improve our products.
THIRD PARTY WEBSITES
1. You acknowledge that our Apps 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 Apps does not imply any endorsement of the material
  or the views expressed within them.
SUPPORT
1. If you think our Apps is 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 APPS
1. From time to time we may automatically update our Apps to improve
  performance, enhance functionality, reflect changes to the operating
  system or address security issues.
2. 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 Apps; or
  3. (c) the result of any improvements to our Apps.
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 Apps 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 click “I Accept” at the bottom of this screen (the
  “Effective Date”) and will remain in full force and effect while you use
  our Apps until terminated in accordance with this paragraph 21.
2. We may terminate these Terms and your use of our Apps, or suspend your use of our Apps,
  immediately by written notice to you if:
  1. (a) we consider that you have used our Apps in violation of these Terms;
  2. (b) we believe there has been unauthorised access to our Apps;
  3. (c) we, at our sole discretion, decide to withdraw our Apps (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 Apps; 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 Apps.
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 Apps and deleting or uninstalling it
  from your device.
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. Legally, you must be at least 13 years old to use the Apps. If you are between 13 and 18 (or whatever is the age of adulthood in your country), please ask your parent or guardian to review and approve this Agreement and to supervise your use of the Apps.
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 English law (including non-contractual
  disputes or claims) and legal proceedings in respect of these Terms and
  our Apps shall be dealt with exclusively by the English courts.
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.