Last updated: May 12, 2024
AstaCorp OÜ (“we”) welcomes you
(“you”). These Terms of
Use (“Terms”) apply to
our application “Eated App”, available
on the App
Store following the
link (“App”).
By installing the
App, you confirm that you
have read, understood, and agree to be
bound by these Terms. If
you do not
agree with these Terms, you
must delete the App.
If you have
any questions or comments about
these Terms, please contact us.
Content
and Intellectual Property
|
Name |
AstaCorp OÜ |
|
|
Registry code: |
16844483 |
|
|
Address |
Harju maakond, Tallinn,
Kesklinna linnaosa, Ahtri tn 12, 15551 |
|
|
Email |
[email protected] – for general inquiries |
|
|
[email protected] – for privacy
inquiries |
Please note that
we may not
respond to offensive emails or messages. We
kindly ask you to be
polite during your communication with us.
In brief:
●
This is an agreement
between us and users of
the App.
●
By installing the App, you agree
to comply with these Terms
and applicable laws and regulations.
●
You have to have
full legal capacity to use
the App.
These Terms and
Privacy Notice
for the App constitute
the entire legally binding agreement and understanding
between us and our users.
By installing the
App, you declare and confirm
that:
●
you have read, understand,
and have the legal capacity
to, and with
this agree to be legally
bound by and to comply
with these Terms in full;
●
you are 16 years of
age or older,
have full legal capacity, and are not
restricted otherwise (otherwise, you can access and
use the App
exclusively under the supervision of a parent or
guardian) regardless of the age
ratings assigned on the platform
where you download the App;
●
according to the laws
of your local
jurisdiction, you are eligible to
enter into this agreement and have no
restriction to access and use
the App;
● you shall continuously
comply with these Terms and
all applicable laws and regulations
each time you access the
App.
In brief:
●
The App is free
to download and use.
●
We may offer one
or a few subscription plans under the terms
displayed in the App.
●
We may allow you
to explore the additional features available under the particular
subscription plan during a free trial.
●
You can purchase a subscription through the App Store.
●
The subscription will automatically renew for the next
subscription period.
●
You can cancel the
subscription or request a refund through the App
Store.
The App is compatible with
iOS and available
for free download on the
App Store.
By installing
the App, you acquire a free-of-charge
license to use the App
with a limited set of features
as we may
provide or cancel.
To use
the App, you may need
to register a personalized account (“Account”) by providing your
email address or signing up
through third-party accounts. Please note that your
use of such
third-party accounts is subject to
their legal and data protection
documents.
You must
not transfer or assign your
Account to someone else. If
you know or have any
reason to suspect that someone
has gained access to your
Account without your authorization, your credentials have been lost,
stolen, misappropriated, or otherwise compromised,
please immediately notify us.
To irreversibly
terminate your Account, please use the relevant
functionality of your Account.
At our
sole discretion, we may allow
you to explore
the additional features of the
App available under our subscription
plans during a free trial subject
to the then-current
terms of the free trial
offer displayed in the App.
Please note
that when your free trial
or the period
of the free-of-charge
use of a subscription plan expires, the subscription
fee for the
use of the
relevant subscription plan will be
automatically charged unless you cancel
it in your
device settings at least twenty-four
(24) hours before the billing date.
The relevant subscription plan provides a set of additional features
available in the then-current version of the
subscription plan depending on the
terms and conditions displayed in the
App.
To get access
to the additional
scope of features of the
App, you must purchase a relevant subscription plan we offer
subject to the then-current subscription fee (including VAT, if applicable) shown in the App.
We reserve the
right to change the subscription
plans at any time. Should
these changes significantly impact your use of
the App, we will ensure
you receive adequate notice.
Your payments are processed via
the App Store.
Please note if you pay
in a currency different from the currency in
which the fees are quoted,
your bank will apply its
current exchange rate and/or
add commissions and fees on
top of our
subscription fees.
We reserve the
right to revise the subscription
fees at any
time. We shall provide you
with adequate notice of any
subscription fee changes before they become effective.
If you do
not agree to pay the
updated subscription fees, you can
cancel your subscription, and after your current
subscription period expires, you can
continue using the App’s free-of-charge
features only (if applicable).
IF YOU DO NOT CANCEL YOUR SUBSCRIPTION BEFORE THE
EFFECTIVE DATE OF THE FEE CHANGE, YOU WILL BE DEEMED TO HAVE AGREED TO THE
UPDATED FEE, WHICH WILL BE CHARGED COMMENCING YOUR NEXT SUBSCRIPTION PERIOD.
Your subscription will automatically renew, and you
will be charged
a subscription fee for the subsequent
subscription period unless you cancel
it at least
twenty-four (24) hours before the billing
date in your
device settings.
To do so,
please, take the following steps:
1. Open the Settings app on
your iPhone
2. Tap your name at the
top
3. Tap Subscriptions
4. Select our relevant subscription plan
5.
Tap Cancel Subscription (if you don’t
see such an option, this
means the subscription is already canceled).
Upon cancellation, your access to
the additional features available under the cancelled
subscription plan will remain until
the end of
the current subscription period.
If you have
any problems with the functioning
of the App,
please contact us, and we
will make every effort to
help you.
YOUR PURCHASES MADE THROUGH THE APP STORE MAY BE
REFUNDED BY CONTACTING APPLE SUPPORT DIRECTLY AND REQUESTING A REFUND.
Please follow these instructions:
1. Go to reportaproblem.apple.com using any
web browser to view your
purchase history.
2. Sign in using
the Apple ID you used to
make a purchase.
3. Find the item on the
Purchases tab. If a charge for
an item is
pending, you haven’t yet been
charged and can’t request a refund. After the
charge goes through, try to
request a refund again.
4. Tap or click
Report a Problem to the right
of the item.
5. Choose “I’d like to request
a refund” and describe why.
6.
Hit Send.
In brief:
● We are not liable for
and cannot guarantee the uninterrupted
operation of the App’s features
that depend on the third-party
websites and services and the
security, integrity, and reliability of such websites
and services themselves, as we do not
control, own, or manage them.
The App may depend on
or contain the services provided
by the third
party (-ies).
The access and use of
the other websites and apps
we own or
manage are subject to the
relevant terms of use, software
as a service agreement, or any
other equivalents published on such
websites and in apps and
are not governed
by these Terms.
The access and use of
the websites, apps, and services
we do not
control are governed by third
parties and do not fall
under these Terms.
We are not
responsible for the content, functions,
and services offered through third-party websites, apps, or services
and for any
loss, damage, or other liabilities
incurred as a result of your
use of such
websites, apps, services, and their
content or functions. We do
not control the features available
or accessed through them.
You
acknowledge that other terms of
use, software as a service agreement,
any other equivalent, and privacy notices or their equivalents
apply to your use of
third-party websites, apps, services, and their content
or functions.
In brief:
●
We own or have
a relevant license to the Content.
●
We give you the
right to use the App
and access the Content under
these Terms.
● By submitting the Feedback about
our App or
Content, you grant us the
right to use and publicly
display the feedback for marketing,
advertising, and other purposes.
The App is
owned and managed by us
or our affiliates.
The App and
the materials in the App
(other than what you upload
to or otherwise
provide while using the App),
including text, graphics, information, images, drawings, trademarks, logos, video, sounds, music, software, and other materials
(collectively, “Content”), as
well as copyright
and other intellectual property rights to such
Content belong to us or
our affiliates or is included
in the App
with the consent of the
owner.
The Content does
not include any materials you
upload to or otherwise provide
while using the App.
Subject to your
compliance with these Terms, we
grant you a limited, temporary, personal, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to download
and use the
App on the
device(s) that you lawfully own
or control in the manner
provided for in these Terms
for personal non-commercial purposes.
We may provide
upgrades, modifications, updates, or additions
to the App.
The terms of this license
shall apply to any such
upgrades, modifications, updates, or additions
unless a separate license accompanies it.
Under this license, you shall
not:
●
sell, lease, rent, license,
sublicense, or otherwise distribute the Content;
●
copy, decompile, disassemble, translate, or reverse
engineer the Content, in whole
or in part;
●
reproduce, publish, transmit, write, or develop
any derivative intellectual property objects;
●
make an attempt to
derive the source code of
the App, relevant Content, or their updates;
●
provide, disclose, divulge, or make available
to, or permit
the use of
the Content by any third
party without our prior written
consent or in a manner not
provided in these terms;
●
avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our
providers or any other third
party to protect the App
or Content;
●
use the App or
Content for sending spam, opt-in
or unsolicited email, port scanning,
scanning for open proxies or
open relays, attacking in any
way, shape, or form any
other computer or network;
●
use the App or
Content for illegal purposes or in any
manner that is not provided
under the license;
● change or delete
any ownership notices from the
App or Content
available or downloaded or printed
from the App.
Your license
to access and use the
App shall be automatically revoked if you
violate these Terms. We reserve
all rights not expressly stated
in these Terms.
We will
enforce our intellectual property rights and use
any remedy available under the applicable law.
“User Content”
means any files, including pictures, text, videos, sound recordings,
and other materials, added or accessed via
the App by
you. As between
you and us,
you retain ownership of the
User Content to the extent permitted
by applicable law and are
responsible for your User Content and information that you submit
or access through the App.
We appreciate
any of your
feedback and comments regarding our App or
any Content (collectively, – “Feedback”).
Please note
that by submitting
the Feedback to us directly
or via any
platform or social media, you:
●
grant us a worldwide, nonexclusive, royalty-free, perpetual, revocable, transferable, assignable, and sub-licensable (through multiple tiers) license and right to
copy, reproduce, use, modify, adapt,
distribute, publish, translate, create derivative works from, distribute, and publicly display,
including online, such Feedback on
our websites, social media accounts,
our marketing, advertising, or any other informational
communications distributed via email or
otherwise, and in any other
media, including for marketing and
advertising purposes, and otherwise exploit
such Feedback regardless of when
and in what
manner you provided it. You
grant us the right to
use and refer
to the name
or username that you submit
in connection with such Feedback.
For this reason, we ask
that you not submit any
Feedback or delete any existing
one that you do not
wish to license
to us as
set herein;
●
agree and acknowledge that you are
solely responsible for the information
in your Feedback;
●
represent and confirm that
you were not asked, instructed,
or commissioned to submit fake
or misleading reviews and endorsements
or misrepresent your experience;
●
represent and warrant that
the use of
your Feedback does not violate
any third party’s rights;
● expressly release and discharge us,
our affiliates, sublicensees, successors, and assignees from
all liability, claims, and demands
arising out of or in
any way connected
to our exercise
of the rights
granted under the license provided
herein, including without limitation, any liability based
on rights of publicity, invasion
of privacy and other civil
rights, moral rights, and copyright
infringement.
Please contact us to
request to refrain from or
discontinue our use of your
Feedback at any time.
The Feedback
appearing on our websites, social
media accounts, and marketing, advertising, and other communication reflects the individual
experience of their authors. We do not
claim, nor should the reader
assume, that any individual experience recounted is typical or
representative of what any other
user might experience.
In brief:
●
The App and Content
are provided to you “as
are.”
●
We do not promise
that the App will function
uninterruptedly as provided in these
Terms and disclaim all other
warranties.
●
If the App’s software
malfunctions, we will make every
commercially reasonable effort to resume
its correct operation.
The App and Content are
provided to you “as are.”
We do not
provide you with any promises
that you or you will
reach any key performance indicators or any
other results as a consequence of any access
or use of
the materials in our App.
By accessing the
App, you declare and confirm
that you are duly informed,
aware of, and have no
claims, demands, or objections that
any of your
activity is conducted at your
own risk and all results
of any access
or use of
the materials or functionality of the App
is implemented solely at your
own discretion and under your
sole responsibility.
To the fullest
extent permitted by law, we
disclaim all warranties concerning the App, its
functionality, Content, and any information
published on or available via
the App, including, without restrictions, warranties of fitness for
a particular purpose, merchantability, and non-infringement of intellectual property rights of third
parties or other rights.
We make no
promises or guarantees regarding the accuracy, usefulness,
reliability, and correctness of the App, Content,
and information included in or
available via the App and
Content or published there.
We do not
warrant that the operation of
the App will
be uninterrupted or secure, that
any defects will be corrected,
or that they
will be free
of viruses or other harmful
elements.
We do our
best to keep
your data safe and secure
and maintain the App’s functionality.
However, the App may be
unavailable for various factors beyond our control,
including emergencies, third-party service failures, hacker attacks, transmission, equipment or network
problems or limitations, interference, and signal strength,
and may be
interrupted, refused, limited, or curtailed.
We
are not responsible
for data loss or the
inability to use the App
or Content caused due to
the above.
THE INFORMATION AVAILABLE IN OR VIA THE APP DOES NOT CONTAIN ANY
MEDICAL CLAIMS AND IS NOT INTENDED TO DIAGNOSE OR TREAT ANY HEALTH PROBLEMS OR
DISEASES. ANY REFERENCE TO MEDICAL OR HEALTH BENEFITS IS NOT INTENDED AS A
SUBSTITUTE FOR MEDICAL ADVICE OR PRESCRIBED MEDICATION OR AS A DIAGNOSIS OF A
PARTICULAR CONDITION.
THE APP CANNOT AND DOES NOT CONTAIN ANY PROFESSIONAL MEDICAL OR
HEALTH-RELATED ADVICE.
THE MEDICAL OR HEALTH INFORMATION IS PROVIDED FOR GENERAL
INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR ANY PROFESSIONAL
ADVICE.
ACCORDINGLY, BEFORE TAKING ANY ACTIONS BASED ON SUCH INFORMATION, WE
ENCOURAGE YOU TO CONSULT WITH THE APPROPRIATE PROFESSIONALS.
WE DO NOT PROVIDE ANY KIND OF MEDICAL OR HEALTH CARE ADVICE. THE USE
OR RELIANCE OF ANY INFORMATION CONTAINED IN THE APP IS SOLELY AT YOUR OWN RISK.
IF YOU HAVE ANY MEDICAL CONDITION, CONTACT YOUR HEALTHCARE PROVIDER
IMMEDIATELY BEFORE USING THE APP.
In brief:
●
We are not liable
for any loss
or damage caused by your
use or inability
to use the
App or Content
or otherwise arising under these
Terms.
● We are not liable for
any consequences of the implementation
and application of the results
of any access
or use of
the materials of the App
in your activity.
To the fullest
extent permitted under the applicable
law, we shall
not be held
responsible if any information, materials, or Content
is available through the App
or any typographical
errors or omissions in the
text or other
materials.
In no event
shall we, our affiliates, our subcontractors, or any other
team members be liable for
any direct, indirect, incidental, special, consequential, or incidental damages,
including lost profits, loss of
data, or damage to property,
related to the use or
inability to use the App
or Content. We, our affiliates,
our subcontractors, or any other
team members shall not be
liable for damage caused by
the use of
information obtained through the App
or Content, as well as
as a result of errors, defects,
and interruptions in the App,
even if we
were notified of such damage.
We are not
liable for any results of
your implementation and application of the results
of any access
or use of
the materials of the App
in your personal
or business activity.
The above disclaimer applies to the fullest
extent permitted by applicable law.
Should any portion of these
limitations of liability be held
invalid or unenforceable for any reason, or
should we be found liable
to you in
any manner, then our cumulative
liability for all claims under
such circumstances shall not exceed
the amount you have paid
to us in
the year preceding the claim.
You agree to be liable
for your compliance with these Terms while
accessing or using the App
or Content.
In brief:
●
If you violate these
Terms, misuse the App or
Content, or violate any law
or third party’s rights, you agree to
indemnify and defend us.
You agree to defend, indemnify,
and hold harmless us, or
our shareholders, directors, and all other officials,
employees, contractors, subcontractors, vendors, and all other
counterparties from and against all
claims, responsibility, damages, losses, and expenses, including
reasonable legal and accounting expenses, arising from:
●
any breach by you
of any of
these Terms;
●
your use or misuse
of the App
or Content;
● any violation by you of
applicable law, third party’s intellectual
property or other rights, any
agreement or terms with a third
party to which you are
subject.
We reserve the
right to handle our legal
defense however we see fit,
including instances when you indemnify
us. Therefore, you agree to
cooperate with us to execute
our strategy.
In brief:
●
The laws of the
Republic of Estonia govern these Terms.
●
We hope to resolve
all the issues
by amicable means, but if
a serious dispute arises between us, it must
be resolved in the national
courts of the Republic of
Estonia.
These Terms shall be exclusively
governed by and construed under
the laws of the Republic
of Estonia, excluding its rules
on conflict of laws.
Except where prohibited by applicable
law, and without limitation to any statutory
rights of consumers, you agree that any
dispute, conflict, claim, or controversy
directly or indirectly arising out of in
connection with or relating to
the App, Content, or these
Terms, including, without limitation, those relating to its validity,
its construction, or its enforceability
shall be resolved through amicable negotiations directly with us
following the principles of good
faith and cooperation.
If we cannot
reach a consensus through negotiations, the dispute shall
be settled exclusively in the national courts
of the Republic
of Estonia, subject to its
jurisdiction rules, with the applicable
substantive law of the Republic
of Estonia.
All claims shall be brought
within one (1) year after the
claim arises, except to the
extent that a more extended period
is required by applicable law.
By using the
App and providing
us with your
contact information, you understand and agree that
we may send
you recommendations and information via email regarding,
without limitation:
●
your use of the
App or Content;
●
subscriptions, transactions, and cancellations under these Terms;
● updates of the
App and these
Terms.
Note, however, that some email
messages may be more “commercial” in
nature than others, as they
may advertise our services or
offers we believe you may
be interested in. You may
unsubscribe from receiving these emails from us
by following the instructions provided in such
communications.
In brief:
●
To terminate the use
of the App,
you must delete and no
longer use or access the
App.
●
We are entitled to
terminate your access to the
App or Content
if you violate
these Terms.
We reserve the
right at our sole discretion
to modify, suspend, or discontinue
the App, Content, features or offers available
via the App
at any time.
You agree that we shall
not be liable
to you or
any third party should any
of the preceding
occur.
We reserve the
right to take whatever lawful
actions we may deem appropriate
in response to actual or
suspected violations of these Terms,
including, without limitation, the suspension or termination
of your license
(in whole in particular part)
and access to the App
and Content.
We will cooperate
with legal authorities or third parties to
investigate any suspected or alleged
crime or civil wrong.
You may terminate your access to and
use of the
App at any
time by deleting
it and ceasing
all access and use unless
you are subject
to an active
subscription. Upon your termination of the App
use, all permissions and licenses granted to you under
these Terms will immediately cease without any
obligation on our part to
offer refunds.
PLEASE NOTE THAT WHEN YOU DELETE THE APP ON YOUR
DEVICE WITH AN ACTIVE RECURRING SUBSCRIPTION, IT DOES NOT AUTOMATICALLY CANCEL
IT. YOU MUST MANUALLY CANCEL YOUR SUBSCRIPTION.
We reserve the
right to transfer our rights
and obligations under these Terms
to a third party, but this
will not affect your rights
or our obligations
under these Terms.
We reserve the
right to modify these Terms
at any time
at our sole
discretion. If material changes affect your use
of the App,
we’ll notify you via the
App, our website, or otherwise
at our sole
discretion. If you continue to
use the App,
you agree to the updated
version of these Terms.
If any provision
of these Terms is recognized
unlawful, void, or unenforceable by a relevant authority,
the remaining provisions will remain valid and
enforceable.
A printed version of these
Terms shall be admissible in
judicial or administrative proceedings based on or
relating to the use of
the App to
the same extent and subject
to the same
conditions as other business documents and records
originally generated and maintained in printed form.