Disclaimer

Last Updated: Sep 4, 2018

PLEASE READ CAREFULLY THIS DISCLAIMER AS IT AFFECTS YOUR OBLIGATIONS AND LEGAL RIGHTS.

This DISCLAIMER is an independent legal document. Your rights and obligations when you use any of Applications are also may be defined by the following documents (agreements): Terms of Use; Privacy Policy; any other terms we let you know about. This DISCLAIMER may contain links to any document listed above. The absence of one document or all of the listed documents doesn’t affect the validity of this DISCLAIMER.

The following terms have meanings as described below:

“Applications” – applications, websites, tools or services, including but not limited:

  • Mobile and desktop applications
    • Cloud Outliner
    • Be Focused
    • Focus Matrix
    • Daily Habits
    • Magic Cutter
    • Chrono Plus
    • Guest List Organizer
    • eXtra Voice Recorder
    • The Christmas Gift List
    • Stop Ads
    • Voice Reminder EX
    • Smart Gain
  • Websites
    • xwavesoft.com

“Owner” (“Applications Owner”) or “Operator” or “we” (“us” or “our”) means a natural or legal person, which owns the exclusive rights for the objects of intellectual property – the Applications.

“User” (“Users”) means a person (individual) who has installed any of Applications on the appropriate technical device and or use the Application, or otherwise has an access to the functionality of the Application.

THE APPLICATIONS IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES.

We make no representations or warranties in relation to these Applications or the functionality of the Applications. We also do not warrant that these Applications is fit for your purpose, even if you have previously provided notice of your intended purpose, and do not warrant that these Applications will operate with no mistakes and disruption of a work.

Functional possibilities of Applications and any built-in content are provided for your review and use only in accordance with functional purpose of the Applications. Functionality of the Applications and related materials and or information are not guaranteed or represented to be complete, correct or up to date. These materials, content and functionality may be changed from time to time without notice. Therefore, We can change the functionality of the Applications at our own discretion by releasing updates.

We reserve the right, at our own discretion, to correct/rectify any errors or omissions in any part of the Applications. We may make any other changes/improvements to the Applications and the products, programs, services and/or prices (if any available) described/published at any time without any prior notice.

Some of functions of the Applications can be temporarily unavailable (generally it refers to network functions – synchronization between devices or Evernote, function of work with account – login/registration/changing or restoring a password).

Whilst every effort is made to ensure accurate functioning of functional modules, extensions, code base or integrations as far as possible, the accuracy of the Applications are dependent on many factors and thus We can not and does not ensure any comprehensive cover for the functioning.

YOUR USAGE OF THE APPLICATIONS IS AT YOUR OWN RISK. OWNER AND ANY OF ITS CONTRACTORS, WHO PARTICIPATED IN PROVIDING THE FUNCTIONALITY OF THE APPLICATIONS EXPRESSLY DISCLAIM ANY WARRANTY.

You hereby refuse to use these Applications to facilitate or with a view to implement such activities as: drug dealing, chemicals or under the control substances distribution; releasing goods which violate intellectual property rights; spreading ammunition and explosive materials (including fireworks), firearms or edged weapons; fraudulent activities, any other illegal activities (in accordance with the law of your jurisdiction and the law jurisdiction which interests may be affected in relation to your actions). Also it is prohibited to use hacked version of the Applications.

Applications is not intended for and shouldn’t be used by persons under the age of full legal capacity (in accordance with the requirements of the law of your jurisdiction). In any case, the Applications are not provided for using by users under 18 years old.

LIMITATION OF LIABILITY

WE MAKE NO REPRESENTATIONS AS TO ACCURACY, COMPLETENESS, SUITABILITY, OR VALIDITY OF THE APPLICATIONS AND ANY INFORMATION IN THE APPLICATIONS AND WILL NOT BE LIABLE FOR ANY ERRORS, OMISSIONS, OR DELAYS IN THIS INFORMATION OR ANY LOSSES, INJURIES, OR DAMAGES ARISING FROM ITS DISPLAY OR USE OF THE SAME. ALL INFORMATION AND FUNCTIONALITY ARE PROVIDED ON AN AS-IS BASIS.

We make no representations about the results to be obtained from using the Applications. The usage of the Applications and content is at your (the person who uses it) own risk. You further agree that We shall not be held responsible for any uncontrollable security attack leading to failures of the Applications and in such cases you agree that We shall not be held responsible for any type of losses that may occur to you.

You (the User) must ensure the safety/privacy of the login and password from your accounts. We are not liable for user's data safety. In doing so, according to our PRIVACY POLICY (ANNEX №2 of TERMS OF USE) we are undertaking all reasonable measures to ensure adequate protection of user's Personally Identifiable Information.

The text of the ANNEX №2 (PRIVACY POLICY) is available at the following link – https://xwavesoft.com/privacy-policy.html. To use any of Applications You have to get know and agree with provisions of our PRIVACY POLICY and TERMS OF USE of Applications.

WE ALSO SPECIFICALLY DISCLAIMS AND SHALL HAVE NO LIABILITY TO YOU FOR THE FOLLOWING RISKS: operating system failures; errors interactions between your hardware, software and the Applications; the implications of using the cloud backup software; malware, viruses or other malicious software on your device that are able to take control or interfere with the Applications; any possible delays in communications; any negative implications for You and or the third parties, which ensued from any possible disruption to the work of the Applications.

Also You are agree that We can stop support any of Applications at any time and at our own discretion.

Also We are not liable for such third party services as Evernote, iCloud, Dropbox and for harm caused by their fault and or as a result of their work. Functions, related to third party services can be unavailable due to limitations or changings by these services or termination of their activities.

REASONABLENESS

BY USING APPLICATIONS, YOU ARE AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS DISCLAIMER ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE ANY OF THE APPLICATIONS.

UNENFORCEABLE PROVISIONS

If any provision of this DISCLAIMER is found to be unenforceable under applicable law, that will not affect the enforceability of the other provisions of this DISCLAIMER.