Terms of Use

Last updated: 10th August 2020

PREAMBLE

These Terms of Use constitute a legally binding agreement made between User (“you”) and us, the group of software and mobile application developers Smartwatch Sync technology (“we”, or “us”), concerning your access to and use of our mobile application Hereby you give us the consent that by accessing the Application, you have read, understood, and agree to be bound by all of these Terms of Use.

Just in case you don’t agree with all or any of these terms of use, then you’re expressly prohibited from using the Application and you are required to terminate and discontinue the use immediately.

USER’S REPRESENTATIONS

By using the Application, the User represents and warrant that such User:

• has the legal capacity and agrees to comply with these Terms of Use;
• is not under the age of 16;
• not a minor in the jurisdiction in which he/she resides, or if a minor, he/she has received parental permission to use the Application;
• will not access the Application through automated or non-human means, whether through a bot, script or otherwise;
• will not use the Application for any illegal or unauthorized purpose;
• use of the Application will not violate any applicable law or regulation.

USER’S REGISTRATION

To use this Application we may require you to download the Application from Google Play ® . To find out more, please, visit and read Google Play Terms of Service.

Once you login to the Application you may be proposed to update your account and purchase a Subscription. Please, find more details about the Subscription in our Payments and Refund Policy.

OUR RIGHTS

We reserve the right, but not the obligation, to:

• take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
• monitor the Application for violations of these Terms of Use;
• in our sole discretion and without limitation, notice, or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
• otherwise manage the Application in a manner designed to protect our’s rights and property and to facilitate the proper functioning of the Application.

USER’S PROHIBITED ACTIVITIES

You may not access or use the Application for any purpose other than that for which we make the Application available.

As a User of the Application, you convey and agree not to:

•systematically retrieve the data or other content from the Application to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
• make improper use of our support services or submit false reports of abuse or misconduct;
• engage in any automated use of the Application, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
use any information obtained from the Application in order to harass, abuse, or harm another person and (or) us.
circumvent, disable, or otherwise interfere with security-related features of the Application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the • use of the Application and/or the Content contained therein.
• use the Application as part of any effort to compete with us or otherwise use the Application and/or the Content for any revenue-generating endeavour or commercial enterprise.
•decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Application.
• attempt to bypass any measures of the Application designed to prevent or restrict access to the Application, or any portion of the Application.
• harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Application to you.
upload or transmit (or attempt to upload or to transmit) viruses, Trojans or other material that interferes with any party’s uninterrupted use and enjoyment of the Application or modifies, impairs, •disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Application.
• upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Application, or using or launching any unauthorized script or other software.
• disparage, tarnish, or otherwise harm, in our opinion, us and/or the Application.
• copy or adapt the Application’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• use the Application in a manner inconsistent with any applicable laws or regulations.

INTELLECTUAL PROPERTY RIGHTS

The Application is our proprietary property and all source databases, code, software, website designs, functionality, audio, video, text, photographs, and graphics on the Application (collectively, the “Content”) and the service marks the trademarks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions. All the Content and the Marks are provided on the Application “AS IS” for user’s information and personal use only. Except as expressly provided in these Terms of Use, no part of the Application and no Content or Marks may be copied, aggregated, reproduced, republished, posted, uploaded, publicly displayed, translated, transmitted, distributed, encoded, sold, licensed, sub-licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission on so.

Provided that the Users are eligible to use the Application and they are granted a limited license to access and use the Application for the personal, non-commercial use. We reserve all rights previously not expressly granted to you in and to the Application, Content, and the Marks.

MOBILE APPLICATION LICENSE

We grant you a non-exclusive, non-transferable, revocable, limited right to install and use the mobile application on Google Android ® Mobile Device (hereinafter “wireless electronic devices”) owned or controlled by you, and to access and use the mobile application on such wireless electronic devices strictly in accordance with the respective mobile application license contained in these Terms of Use.

In any case, you convey and grant, that you shall not:

• reverse engineer, disassemble, decompile, attempt to derive the source code of, or decrypt the Application; • use the Application for creating a software, product or service, that is, directly or indirectly, competitive with Application;
• violate any applicable laws, rules, or regulations in connection with your access or use of the Application;
• use the Application to send automated queries to any website;
• make the Application available over a network or other environmental permitting access or use by multiple devices or the Users at the same time;
• use the Application for any revenue-generating endeavour or any other purpose for which it is not designed or intended;
• make any adaptation, improvement, modification, enhancement, derivative work of the Application;
• use any proprietary information or any of our interfaces or our intellectual property in the design, manufacture, licensing, distribution or development, of any applications, accessories, or devices for use with the application. We respect the intellectual property rights of others. If you believe that any material available on or through the Application infringes upon any copyright you own or control, please immediately notify via [email protected].

ADVERTISERS, THIRD-PARTY WEBSITES AND CONTENT

The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Application or any Third-Party Content posted on, available through, or installed from the Application, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. Just in case you decide to leave the Application and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern such relationships.

You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Application or relating to any applications you use or install from the Application. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

We allow the Advertisers to display their advertisements and other information in certain areas of the Application, such as sidebar advertisements or banner advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

PAYMENTS AND REFUND POLICY

After you sign in the Application you will be required to complete the registration process by logging in with your Google Play Account. After you have signed up for a Trial Period, that is a 3 days long (“Trial Period”), we may offer you to order a Subscription to become a “Subscriber”.

As consideration for the Subscription provided to the Subscriber, the Subscriber must pay fees in accordance with the Subscription Offer selected by User. The Subscriber may do this on the Application, in which case his / her purchase of the Subscription will be the subject to Google Play Terms of Service, available here .

For the avoidance of doubt, a Subscribers’ use of Subscription purchased on the Application will still be subject to these Terms of Use. Please note that purchases made via the Application will automatically renew at the end of the subscription period. The subscription can be cancelled at any time by logging in to your Google Play Account ® settings. For more details, please, use this link .

After the Subscription purchasing, the Subscriber will receive the additional options and settings on the Application, such as:

• No ads
• Stylize QR code
• Smart watch connection
• Unlimited themes

The list of above-mentioned options may be updated from time to time by us.

As a Subscriber who purchases the Subscription, you hereby authorise us to bill you via your preferred payment method, details of which you provide with your Google Play Account ®, for the applicable fee in advance on the date of Subscription purchasing and each anniversary thereafter for the duration of your account.

The fees:

1. shall be payable in the currency indicated in the Subscription selected by you (otherwise, there might be used the convertation currency rate);

2. are non-refundable, unless this agreement expressly provides otherwise;

3. are inclusive of any applicable sales tax.

If we are unable to bill you via your preferred payment method within 30 days of the relevant due date, and without prejudice to any of our other rights and remedies we may, without liability to you, disable your account and access to all or part of the Application and we shall be under no obligation to re-enable the same until such fees have been paid.

We reserve the right to vary the fees in accordance with these Terms of Use. We will give you advance notice of any fee variation, including details of the date on which such variation shall come into effect. Your continued use of the Application after the fee variation becomes effective constitutes your agreement to pay the new fee, and any additional fees owing to us as a result of such variation will be immediately billed to your bank account on record (which you hereby authorise us to do).

We reserve the right to correct any errors or mistakes that it makes in relation to fees even if it has already requested or received payment.

If we have received a “properly prepared refund request’ from you upon expiry of the period stipulated in the Google ® Refund Policy , namely: 48 hours and more, we will set a term that will not exceeds 60 calendar days for a refund decision.

If within 10 calendar days after the purchase the User doesn't send to us a “properly prepared refund request’ or sends, but after 10 days, we consider the User to be a valid Subscriber.

The “properly prepared refund request” must contain at least:

• The Date of purchase (a Google receipt must be attached).
• The Operation identifier (must be on the receipt)
• Specifies the application in which the purchase is made
• The country the User lives in;
• Description of the reason to unsubscribe.

The “properly prepared refund request’ must be sent to [email protected]

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Application. Without limiting any other provision of the respective Terms of Use, we reserve the right to, in its sole discretion and without notice or liability, deny access to and use of the Application to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in the respective Terms of Use or any applicable law or regulation. We may terminate your use of the Application, without warning, in our sole discretion.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify or remove the contents of the Application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Application. We also reserves the right to modify or discontinue all or part of the Application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Application.

The application is provided on an as-is and as-available basis. By using this Application you agree that your use of the application services will be at your sole risk. In no event will we or our , employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the application, even if we have been advised of the possibility of such damages.

We cannot guarantee the Application will be available at all times. We may experiences hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Application or to supply any corrections, updates, or releases in connection therewith.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Application, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and your use of the Application are governed by and construed in accordance with the laws of the United Kingdom of Great Britain and Northern Ireland. Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated by reference into this clause. The arbitral tribunal shall consist of one arbitrator. The venue of Arbitration shall be London, United Kingdom. The language of the arbitration shall be English. The law governing this contract is the substantive law of England and Wales.

MINORS

The Application is intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to register for the Application.

UPDATES

We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Application after the date such revised Terms are posted. It is your responsibility to periodically review these Terms of Use to stay informed of updates.

COMMUNICATIONS AND SIGNATURES

By using the Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Application, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APPLICATION. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CONTACT US

In order to resolve a complaint regarding the Application or to receive further information regarding the use of the Application, please contact us at [email protected] by sending the email.