medNote:
The services provided include subscriptions that renew automatically. Please carefully review these policies, especially Section 8, before initiating a trial or finalizing a purchase for our app's auto-renewing subscription service. To prevent charges, you must actively cancel your subscription at least 24 hours before the conclusion of the free trial or the ongoing subscription period.
TERMS OF USE
Effective as of April 14, 2025
These Terms of Service (as updated from time to time, the "Terms") is a legal agreement between user (“you”) and Appsella LTD ("we", "us", "our", "App") and govern your access to and use of the our Apps (as defined below), the website (www. Appsella.app) and any text, videos, sound recordings, visuals, information, graphics or other content materials uploaded, downloaded or appearing on the App (collectively, the “App”).
Please read these Terms carefully before downloading or using the App. By accepting these Terms, or using the App you agree to be bound by them. If you do not understand the Terms, or do not accept any part of them, then you should not use the App.
The App is provided by Appsella LTD whose place of business is at Office 4, 6 Ioannou Karageorgiadi Mesologgioy, Agias Trias, 3032, Limassol, Cyprus (e-mail: appsella@support-team.app).
We understand that reading the Terms of Service might not be the most exciting task, but it’s important to establish clear expectations regarding what we offer through Appsella services and what we expect from you in return.
PLEASE READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR USING OUR APPS. BY ACCESSING OR USING OUR SERVICES, YOU CONFIRM THAT YOU:
(a) Have read, understood, and agree to comply with these Terms and any additional terms referenced herein.
(b) Have reviewed and consent to our Privacy Policy.
(c) Agree not to misuse our Services or content in any manner that violates these Terms.
These Terms apply to all mobile applications developed, published, and distributed by us, regardless of the platform, distribution method, or specific app title. Our Services include auto-renewing subscriptions. If you are unsure how to cancel a subscription or trial, please visit the Apple Support website, Google Play Help, or the support pages of any other applicable app store. You may also refer to our support team for further guidance. Please note that deleting the app does not cancel your subscriptions or trials.
By clicking any button like "SUBMIT," "CONTINUE, or similar options, you are providing a legally binding electronic signature and entering into a binding contract. You acknowledge that your electronic submissions reflect your agreement to and intent to be bound by these Terms. You expressly consent to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and transaction records related to the Service.
1. THE SERVICE
1.1. Accepting of terms. The Service includes the website (https://appsella.tech/) and our mobile applications available on the Apple App Store and Google Play Store (collectively referred to as the "App" or "Service"). By accessing or using the Service, you agree to comply with these Terms. Subject to your compliance with these Terms (including any other applicable terms and conditions), we grant to you limited, non-exclusive, revocable permission to make personal, non-commercial use of the Service and the Content (collectively, "Access"). This Access shall remain in effect unless and until terminated by you or Us. You agree that you will not redistribute or transfer the Service or the Content. The applications and the Content are licensed, not sold or transferred to you, and we and our distributors retain ownership of all copies of the software applications and Content even after installation on your devices.
1.2. The Service and the Content are the property of us. All Our trademarks, service marks, trade names, logos, domain names, and any other features of the brand are the sole property of us. These Terms do not grant you any rights to use any Brand Features whether for commercial or non-commercial use. You agree to abide by the Terms and not to use the Service, the Content, or any part thereof in any manner not expressly permitted by these Terms.
1.3. Entertainment purpose. Our Apps are not medical devices and have not been reviewed, certified, or approved by any regulatory health authority. They are intended solely for informational and entertainment purposes and are designed to help users gain general insights into emotional states. The Apps do not diagnose, treat, cure, or prevent any disease or medical condition.
1.4. The information and tools provided within the Apps are general in nature and should not be used as a substitute for professional medical advice. Always consult a licensed healthcare provider for any medical concerns, diagnosis, or treatment. Only a qualified professional can assess your specific health needs.
1.5. We do not guarantee that:
(i) The Service will meet your specific requirements;
(ii) The Service will be uninterrupted, timely, secure, or free from errors;
(iii) The results obtained from using the Service will be accurate or reliable;
(iv) The quality of any products, services, information, or other materials purchased or obtained through the Service will meet your expectations or provide any benefits.
1.6. We also do not guarantee any specific level of success in your using apps journey. You acknowledge and accept the risk that results may vary.
2. ALTERATIONS AND UPDATES
2.1. We may update these Terms from time to time to reflect any changes: (i) in our policies or relevant laws; (ii) in the functionality of the Service; or (iii) imposed on us by any third party suppliers. If you do not agree with the updated Terms, you should stop using the Service. If you do not object to the updated Terms within a reasonable time after they are updated Terms are deemed accepted by you.
2.2. We reserve the right to withdraw, take down, or amend all or part of the Service and all or part of the content available on the Service at any time to, for example, reflect changes to the law or new technical developments. Any changes will take into account your reasonable interests. Access to all or part of the Service may be restricted from time to time to allow for repairs, maintenanc,e or updating. This may result in you not being able to use the Service until you have downloaded the latest version and accepted any new terms.
3. ACCESS/USE OF THE SERVICE
3.1. You can access the Service either: via the App, or by downloading the App.
3.2. To access the App, you must be at least 13 years old (16 years old in EU) and not barred from using the App under applicable law. If you are under 18, your parent or guardian must review and accept the Terms, and by using the App, you confirm that your parent or guardian has so reviewed and accepted this Agreement. By using the Service, you promise to us that you accept these Terms. If we reasonably believe that you do not sufficiently fulfill these criteria, we may suspend your use of the Service until you have provided us with acceptable proof of age.
3.3. To access the Service and use special features, you may need to register with us. To register, you must provide us any registration information that may include: your email address and password of your choosing, sometimes your phone number. Any content or information you submit through the Service is governed by our Privacy Policy. Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.
3.4. You are responsible for your account with us and any activity that takes place on your account, whether or not such activity was authorized by you. You must ensure that the details you provide to us are correct and kept up to date and that your password is, and remains, secure and confidential. You must inform us of any changes to the details you provided when registering with us.
3.5. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.
3.6. We reserve the right to suspend or remove your account, cancel, reassign or disable and/or prohibit your use of the Service, without prior notice, if we believe there may have been a breach of security or if activities occur on your account that we believe breach these Terms.
3.7. Access to and use of the Service requires a compatible device and internet connection. Although we are working to ensure that the Service is compatible across various devices, we cannot guarantee that the Service will work with all devices. The Service currently requires: or the App, smartphones running iOS 10.0/ Android 7.0 (or later) operating systems.
3.8. It is your responsibility to ensure that your device complies with these requirements. Your use of the Service may vary in functionality, availability and quality depending on the type of the device and the operating system that it uses and app accepts no responsibility for any lack of functionality that is due to your equipment (including your device, internet connection, operating system or settings and software).
3.9. It is your responsibility to pay for all costs and expenses that you may incur while using the Service (including, but not limited to, all telephone call or line charges or Internet data service access charges).
3.10. You shall not: resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App; copy, adapt, alter, modify, translate, or create derivative works of the App without the written authorization of the Company; circumvent or disable any technological features or measures in the App for protection of intellectual property rights;use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction; use App to engage in any illegal conduct; upload to transmit any communications that infringe or violate the rights of any party; upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with this Agreement and the our's Privacy Policy; or upload any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or this website.
Any such forbidden use shall immediately terminate your license to use the App.
4. USER-GENERATED CONTENT
4.1. You are solely responsible for your use of the Service and any videos, words, information, messages, audio content, and any other content that you upload to or create via the Service, whether privately transmitted or made publicly available (together, "User Content").
4.2. You understand and agree to comply with all applicable laws in relation to your use of the Service and User Content.
4.3. User Content, including but not limited to information about the user's Services preferences that the User uploads to the Service or creates on his own account of the Services are encrypted and inaccessible to third parties.
4.4. You shall at all times ensure that your User Content does not: contain any content, information or material that infringes the rights of any third party including copyright, trade mark rights, confidential information or rights of privacy; violate any applicable laws; contain any content or material that is offensive, abusive, defamatory, libelous, derogatory, bullying, discriminatory, obscene, violent, sexually explicit, indecent, which promotes or encourages violence, terrorism or any other illegal acts or which is likely to harass, upset, embarrass, alarm, inconvenience or annoy any person; in any way promote or incite anyone to commit or assist in any unlawful or criminal activity or anti-social behavior, or encourage activities which could endanger the safety or wellbeing of others; identify any person without their consent; disclose anyone's personal contact details or invade their privacy; contain any viruses or other malicious or harmful programs; or include any advertising or promotional messages.
4.5. Furthermore, you understand and agree that you will not do or attempt to do, or cause any third party to do or attempt to do, any of the following in connection with your use of the Service: Use the Service or User Content available on the Service other than as expressly permitted by these Terms and the normal functionality of the Service; transmit other people's personal and/or confidential information, such as credit card numbers, account passwords etc.; use the Service for any illegal purpose, in an unlawful manner or in any manner inconsistent with these Terms; impersonate or pretend to be anyone else through your use of the Service; use the Service in a way that could damage, disable, overburden, impair or compromise the Service, our systems or security or interfere with other users; use any programme or other means, including but not limited to scripts, spiders and robots, whether manually or automatically, to extract, download, index, mine, scrape, reproduce or circumvent the presentation, operation or intended use of the Service or any features or functions of it; copy, modify, decompile or otherwise interfere with any part of the Service; make alterations to, or modifications of, the whole or part of the Service, or permit the Service or any part of it to be combined with, or become incorporated in, any other programs; hack into, or insert malicious code, including viruses, or harmful data, into, the Service; or infringe our intellectual property in relation to your use of the Service.
4.6. You acknowledge and agree that we are merely a passive conduit and hosting service for User Content and that we play no active role in the distribution or presentation of User Content.
4.7. We are under no obligation to monitor User Content posted on the Service, and we cannot and do not take any responsibility for such User Content, nor do we endorse, support, or guarantee the completeness, accuracy, or reliability of any User Content or communications posted via the Services or opinions expressed therein. Use of or reliance on any User Content or materials posted via the Service or obtained by you through the Service is at your own risk.
4.8. The app shall not be liable in any way for User Content, including, but not limited to, any errors or omissions contained therein, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
4.9. If we, in our sole discretion, believe that there has been a breach of these Terms, or we have reasonable grounds to believe that you are likely to breach these Terms, we may take any action we think is necessary to protect the Service and its users. We may withdraw your right to use the Service, remove your User Content from the service, take legal proceedings against you (for example, if we have had to pay damages because of your User Content, we will claim to get that amount back) and other action we deem appropriate.
5. LICENSE OF THE SERVICE
Subject to your compliance with these Terms, the app grants you a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to download and/ or use the Service, subject to these Terms and the Privacy Policy. Your license is for personal use strictly only. Any business-related activity or mass download from the public library required a different license with additional terms and conditions. Any attempt to use the service for mainstream advertisement or for payable services without the additional license will be persecuted.
6. OUR RIGHTS
6.1. All rights, titles and interests in and to the Service (excluding content uploaded or otherwise provided by users) are and will remain the exclusive property of our app and its licensors.
6.2. You are not permitted to use our trade name and logo without our prior approval. All trade names and trademarks not owned by us that may appear in our App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Such trademarks are used for identification purposes only.
6.2. You must not use, copy, modify, distribute, transfer, publicly display, publicly perform, broadcast or in any other way exploit our App or any User Content or Stronger Content published on it, unless it is your own content. Any collection, aggregation, copying, scraping, duplication, display, or any derivative use of our App as well as the use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission is expressly prohibited. Nothing in these Terms gives you a right or license to do so, unless as expressly stated in these Terms.
7. COPYRIGHT, REPORTING AND NOTICE & TAKEDOWN POLICY
7.1. We respect the intellectual property rights of others and expect users of the Service to do the same.
7.2. All our content in the App is created, and reviewed by qualified experts, writers, and other contributors. We pay great attention to providing the most credible and recent information in our App to ensure the safety and quality of our content. We have strict sourcing guidelines and rely on peer-reviewed studies, academic research institutions, government agencies, and medical associations. Each piece of content is thoroughly researched using reliable, primary, and current sources of information. The references for the information used are provided below:
Please, be informed that we do not provide medical advice, diagnosis, or treatment, our content is informative. Always consult your doctor or another qualified healthcare provider with any questions you may have regarding a medical condition, procedure, or treatment. We make no guarantees about the efficacy or safety of products or treatments described in its content.
7.3. If you discover any content in the Service that you believe infringes your copyright, please report this to us in writing including the following information: a statement that you have identified content in the Service that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act; a description of the copyright work that you claim has been infringed; a description of the Content that you claim is infringing and details of where on the Platform the Content that you claim is infringing may be found; your contact information including your full name, address and telephone number and a valid email address on which you can be contacted; a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed. In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following: a declaration, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of the exclusive copyright that is allegedly infringed; and your electronic or physical signature (which may be a scanned copy).
7.4. Your notice should be sent to us or our designated copyright agent by email to appsella@support-team.app or by mail to the following address: Appsella LTD, at Office 4, 6 Ioannou Karageorgiadi Mesologgioy, Agias Trias, 3032, Limassol, Cyprus, Attn: Copyright.
7.5. If you receive or encounter content that you find offensive via the Service, or you believe a user is in violation of these Terms and/or the Privacy Policy, we recommend flagging the content as Inappropriate. If after a certain time, this does not result in a satisfactory outcome, please report it to us via email at appsella@support-team.app.
8. PAID SERVICES
8.1. The App is provided on a free basis, granting users access to its basic features upon download. However, premium features, content, or services are available through a subscription model, typically on a recurring weekly basis. Subscribers may receive benefits such as exclusive content and advanced features. Detailed subscription terms are accessible on the purchase screen prior to completing the transaction.
8.2. A free trial period of three days may be offered, allowing users to experience premium features. If not canceled at least 24 hours before the trial period ends, users will be automatically charged the specified price for the chosen subscription plan, as indicated on the payment screen.
8.3. In-app purchases are facilitated through the App. Payment will be charged to the specified payment method at the time of purchase confirmation or after the trial period expires. It is important to note that we do not collect payment data; all financial transactions are processed by our authorized agents, Google Play and Apple Store.
8.4. Prices and taxes may be subject to occasional changes, transitioning to a subscription model, which includes recurring subscription fees. We will communicate any changes in prices to you in advance. These changes will take effect at the beginning of the next subscription period following the date of the price adjustment. By continuing to use the subscription after the price change takes effect, you will be deemed to have accepted the new pricing. If you do not agree to a price change, you can reject it by unsubscribing from the applicable subscription before the new price becomes effective.
Tax rates and other fees are determined based on the rates applicable at the time of your monthly charge. These amounts may change over time due to local tax requirements in your country, state, territory, county, or city. Any change in the tax rate will be automatically applied based on the account information you provide.
8.5. CANCELLATION:
Subscriptions renew automatically at the end of each period unless canceled. Deleting the app does not cancel subscriptions. Users can cancel subscriptions via their Google Play and App Store accounts or through the "Cancel Subscription" button in the app settings, which redirects to the subscriptions section in Google Play/App Store. After cancellation, access to subscription features continues until the end of the current period.
For subscriptions purchased on the App Store: you can easily cancel a free trial or subscription by disabling auto-renewal in your Apple account settings. To manage subscriptions independently, refer to Apple's support page for detailed guidance. If you wish to cancel your subscription directly on your iOS device, follow these steps:
1 - Open the standard iOS Settings app.
2 - At the top, tap your name.
3 - Navigate to "Subscriptions."
4 - Tap the subscription that you want to manage.
5 - If you wish to cancel, tap "Cancel Subscription."
6 - If you don’t see the option to cancel, it means the subscription is already canceled and won't renew.
For subscriptions purchased on Google Play, you can easily cancel a free trial or subscription by disabling auto-renewal in your Google Play account settings. To manage subscriptions independently, refer to Google's support page for detailed guidance. If you wish to cancel your subscription directly on your Android device, follow these steps:
1 - Open the Google Play Store app on your Android phone or tablet.
2 - At the top right, tap the profile icon.
3 - Navigate to "Payments & subscriptions" and then click on "Subscriptions."
4 - Choose the specific subscription you wish to cancel.
5 - Tap "Cancel subscription."
6 - Follow the provided instructions to complete the cancellation process.
If you encounter any difficulties during this process, refer to our support resources for further assistance. We appreciate your understanding and are here to help if you have any questions or concerns.
8.6. REFUND:
Generally, if you do not meet the conditions of the Refund Policies 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.
Subscription and payment management is beyond our control as Google/Apple doesn't provide access to billing information. Refund decisions are made by Google/Apple. To request a refund, use the order number found in the confirmation email received upon subscription.
To request a refund, follow these instructions from the Apple support page, Google's support page.
We are available to guide you through the process. Please, contact us at appsella@support-team.app or via our website form https://android-support.fortunescope.app.
If the User made a subscription purchase but it wasn’t delivered or isn’t working correctly, the services are defective, unavailable, or don’t perform as stated and it’s been more than 48 hours since User made the purchase, we consider a refund request.
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.
Note for the EU residents. Under the law, you have an automatic statutory right of withdrawal from contracts for purchases of digital content, such as apps, games, in-app items, or other media like movies or music. The same applies when you purchase a subscription for digital content within an app. However, when you purchase or subscribe to digital content with Google Play and Apple Store, you agree that the digital content will be available to you immediately, and you acknowledge that, as a result, you waive your automatic statutory right of withdrawal. Therefore, you will not be eligible for a refund (or any alternative remedy) unless the digital content is defective, unavailable, or doesn’t perform as stated.
Note for residents of certain US states. If you reside in California or Connecticut and cancel the purchase at any time prior to midnight of the third business day after the date of such purchase, we will return the payment you have made.
8.7. Process for Filing a Complaint or Refund Request:
1 - Initiate Request: Users can file a complaint or request a refund through various channels: web site (https://android-support.fortunescope.app ), email (appsella@support-team.app), and form "Contact Us" in the App
2 - Acknowledgement: Expect an acknowledgment of your request within 1 working day.
3 - Review and Investigation: Our customer support team will thoroughly review and investigate the circumstances surrounding your complaint or refund request.
4 - Communication of Decision: You will be notified of the final decision through the form you used to make the request. The notification will provide a detailed explanation of the decision and the reasoning behind it.
9. PRIVACY
Information and content that you supply to the app is subject to our Privacy Policy, which governs our collection and use of your information, which may include personal data. As part of our provision of the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.
10. THIRD PARTY SERVICES
10.1. The Service may include links to or features provided by third-party services (such as social platforms like Facebook, Twitter, etc.). We do not control these third-party sites or services and are not responsible for their content or functionality. Including links to these sites does not imply any endorsement or association with their operators. The terms of use for these third-party services will apply, and we are not liable for any actions taken by you or the third-party service provider in connection with your use of their services.
10.2. The Service may also contain links to third-party websites, resources, or advertisements (collectively referred to as "Third-Party"). These Third-Party services are not under our control, and we are not responsible for them. We provide links to these services solely for your convenience and do not review, endorse, monitor, or make any representations about them. Advertisements or information from Third-Party sites may not be entirely accurate. You acknowledge that you are solely responsible for any risks associated with using these third-party websites or resources. When accessing third-party sites, their terms and policies—such as those related to privacy and data collection—will govern. We recommend you conduct your own research before engaging in any transactions with third parties. Any transactions or dealings you have with third-party merchants or advertisers, including payments and delivery of goods or services, are solely between you and the third party.
10.3. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of any App Store, Google Play, any other Service users, or any Third Party.
11. TERMINATION
11.1. We may suspend or terminate your use of and access to the Service at any time and for any reason, in our sole discretion. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
11.2. You may terminate your use of the Service at any time by ceasing to use the Service and/or deleting the App from your Device. Please note that deleting the App from a device will not delete your profile and any content that you have uploaded will remain in the app content library. If you wish to delete your profile, please contact us in writing at appsella@support-team.app.
11.3. In the event of such termination by either party, these Terms will terminate, but the following provisions will continue to apply: Sections 3, 4, 6, 7, 9,10,11,12,13, and 14.
12. REPRESENTATIONS AND WARRANTIES
12.1.You represent and warrant to us that:
12.2. Indemnification
Subject to the provisions of Section 13 of these Terms, you agree to indemnify and compensate us for any reasonable and justifiable losses, damages, or costs we incur as a result of your breach of these Terms, provided that such breach is attributable to your actions. You will not be required to compensate us under this Section if the breach is caused by our own negligence or our violation of these Terms.
13. DISCLAIMERS AND LIMITATIONS
13.1. Your use of the service is on an "as is" and "as available" basis. The service and any content or material displayed on the service are provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability, we will not be liable to you for the unavailability or failure of the service.
13.2. We expressly exclude our liability for any loss or damage arising from the use of the service by any person in contravention of these terms. You understand that Stories and any other content available on the service is provided by users, not us, and we are not responsible or liable to you for this content on the service.
13.3. We expressly exclude any liability for (a) any loss or damage that was not reasonably foreseeable by us and which is incurred by you in connection with the service, including loss of profits; and (b) any loss or damage incurred by you as a result of your breach of these terms.
13.4. To the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the service.
13.5. Nothing in these Terms shall limit or exclude our liability for: (i) death or personal injury resulting from our negligence; (ii) intentional acts, fraud or fraudulent misrepresentation; and (iii) any other liability that cannot be excluded or limited by law.
13.6. The app only provides information, and not medical or treatment advice and may not be treated as such by the user. As such, this app may not be relied upon for the purposes of medical diagnosis or as a recommendation for medical care or treatment. The information on this app is not a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this app is for general information purposes only. The information provided by this app is provided “as is” without any representations or warranties, express or implied. The app makes no representations or warranties in relation to any medical or treatment information provided in this app.
13.7. IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY OR ANY THIRD PARTIES MENTIONED ON THE APP ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP.
13.8. You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.
14. TERMINATION OF TERMS
If we cease to provide the Service, we may terminate these Terms and close your account at any time without notice.
15. OTHER TERMS
15.1. We may assign, sub-contract, and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm, or person. You may not transfer your rights or obligations under these Terms to anyone else.
15.2. Each of the provisions of these Terms operates separately. In the event that any of the provisions in these Terms are held to be unlawful or unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
15.3. These Terms and our Privacy Policy constitute the entire agreement between you and us and supersede all prior and contemporaneous agreements or communications.
15.4. No person who is not a party to these Terms may enforce any term of it.
15.5. These Terms and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Cyprus law, and the parties hereby submit to the exclusive jurisdiction of the Cyprus courts to settle any claim or matter arising in relation to these Terms or its subject matter or formation (including non-contractual disputes or claims).
16. WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES
These Terms, their formation, and interpretation are construed in accordance with and governed by the law of the Republic of Cyprus. As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including this provision, affects your rights as a consumer to rely on such mandatory provisions of local law. Any cause of action you may have with respect to your use of the App must be commenced within one (1) year after the claim or cause of action arises.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
All claims between the parties related to this Agreement will be litigated individually, and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.
17. CONTACT DETAILS:
If you have questions or comments about these Terms, you may contact us:
via email at: appsella@support-team.app
via post to: Appsella LTD, address: Office 4, 6 Ioannou Karageorgiadi Mesologgioy, Agias Trias, 3032, Limassol, Cyprus
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.