Last Updated: May 28th, 2019
Although all the clauses contained in this agreement are standard clauses about software products, it is advised that you read them entirely.
This End-User License Agreement ("EULA") constitutes an agreement between you and I, Ricardo Polizeli, (herein referred to as the "Owner") with regard to the 3Asks application for Mobile Phones (herein referred to as "Software Product" or "Software") and its website, actually in domain https://3asksapp.neocities.org/, (herein referred to as "Website"). By installing the Software and read the Website, you are agreeing to be bound by the terms of this license agreement.
Your use of the Software and the Website (as specified below) is subject to the terms and conditions set forth in this EULA. If you do not accept the terms of this EULA, do not install or use the Software and the Website.
You agree your purchases and/or use of the Software and the Website are not contingent on the delivery of any future functionality or features or dependent on any oral or written public comments made by the Owner regarding future functionality or features.
You must be over 13 years of age to use the Software and the Website, and children under the age of 13 cannot use the Software or the Website. If you are over 13 years of age but are not yet of legal age to form a binding contract (in many jurisdictions, this age is 18), then you must get your parent or guardian to read these Terms and agree to them for you before you use the Software and the Website. If you are a parent or guardian and you provide your consent to your child’s use of the Software and the Website, you agree to be bound by these Terms with respect of your child’s use of the Software and the Website.
1. NOT MEDICAL ADVICE. You acknowledge and agree that the Software and the Website constitute, primarily, a personalized self-help system designed to help you improve your own mental health and well-being and to address anxiety issues, and that if you choose to utilize the Software and the Website you are solely responsible for deciding which of the suggested techniques you put into practice and how to apply those techniques. As such, you acknowledge that the Owner is not a health care provider, and does not provide you with any medical advice.
Any advice or other materials provided through the Software and the Website are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your personal circumstances. Such advice and other materials are intended to support the relationship between you and your healthcare providers (as the case may be), and not replace it. The Owner are not liable or responsible for any actions taken due to your having read or been told about such advice or other materials. In particular, to the fullest extent permitted by law, the Owner give no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice or other materials and information published on or through the Software and the Website.
If you receive advice from a doctor or other qualified medical professional which conflicts with anything contained in the Software or in the Website then the former should take precedence. Never disregard professional medical advice or delay in seeking it because of something you have read through the Software or the Website. If you think you may have a medical emergency, call your doctor or emergency immediately.
2. LICENSE. The Software is licensed, not sold. The Owner grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.
3. RESTRICTIONS OF USE. Unless the Owner has authorized you to distribute the Software, you shall not make or distribute copies of the Software or transfer the Software from one device to another. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Software, or use the Software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Software or this license. Any attempt to do so shall be void and of no effect.
4. MODIFICATION AND TERMINATION OF SERVICES. The Owner is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Software which the Owner provides may change from time to time without prior notice to you. Changes to the form and nature of the Software will be effective with respect to all versions of the Software; examples of changes to the form and nature of the Software include without limitation changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features that may be added to the Website or the Software from time to time will be subject to these Terms, unless stated otherwise.
You may terminate these Terms at any time by uninstalling and stopping the use of the Software. You will not receive any refunds if you uninstall and stop the use of the Software.
You agree that the Owner, in his sole discretion and for any or no reason, may interrupt the supply of patches and updates of any kind to the Software and to the Website and may suspend or discontinue, temporarily or permanently, the Software and the Website. You agree that interruption in the supply of corrections and updates of any kind to the Software and to the Website and suspension or discontinuation, temporarily or permanently, of the Software and of the Website may be without prior notice, and you agree that the Owner will not be liable to you or any third party for such interruption.
After you uninstall and discontinue use of the Software or the Owner interrupts the supply of patches and updates of any kind to the Software and to the Website or suspends or discontinues, temporarily or permanently, the Software and the Website these Terms will also terminate, but all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
5. COPYRIGHT. You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of the Owner, and you will not acquire any rights to the Software. You shall not remove or obscure the Owner's copyright, trademark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.
6. DISCLAIMER OF WARRANTY. The Software is provided "AS IS", without warranty of any kind. The Owner disclaims and makes no express or implied warranties and specifically disclaims the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. The Owner does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be error-free.
7. LIMITATION OF LIABILITY. In no event will the Owner be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Software, including but not limited to damages to property, loss of goodwill, computer or mobile device malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not the Owner has been advised of the possibility of such damages.
Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applied solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction. In no event shall the Owner's liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Software.
9. INDEMNITY. You agree to indemnify, defend and hold the Owner harmless from and against any and all damages, losses, and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Software and the Website pursuant to the terms of the EULA; or (ii) your breach of this EULA.
10. CHANGES. The Owner reserves the right, at his sole discretion, to modify or replace these Terms at any time. Any changes the Owner may make to these Terms in the future will be posted on this page. You should check this page from time to time and take note of any changes.
11. SEVERABILITY. If any provision of this Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
12. CONTACT. If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Software or the Website, please contact me at: email@example.com