Terms of Use

Last Updated: Sep 4, 2018

There are Terms of Use. They tell you: the rules for using Applications, your rights and responsibilities, other important conditions. Please read these Terms of Use carefully before using Applications.

SECTION 1 – GENERAL CONDITIONS AND DEFINITIONS

By accessing and or using Applications you are agree to be bound by these Terms of Use, our Privacy Policy and Disclaimer. If you disagree with any part of the terms then you may not access to the Applications. We may amend (update) these Terms of Use at any time by posting (placing) the updated Terms of Use.

By paying for the right to use any of Applications (or just by installing the Application, if appropriate free version is available) you can use available functionality of the Applications in accordance with these Terms of Use.

You agree that the Owner may at anytime at his own discretion sets and or changes a fee, that should be paid by you (User) for the right of use Application and or for getting access to it and or for using any of the functionality of the Application including those, that are related to the third parties.

We can change the functionality of the Applications at our own discretion by releasing updates. You also agree that We can show advertising notices in the Applications from time to time. We can stop support any of Applications at any time and at our own discretion.

Some functions of 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).

You agree that in this agreement the following words and combinations of words are used at such sense (meaning):

“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.

SECTION 2 – AGREEMENT AND EXECUTION

The content of this agreement (Terms of Use) includes main body of this agreement and various rules that have been posted or may be posted from time to time by the Owner. In particular, refers to Privacy Policy and Disclaimer. All of the rules shall be an integral part of this agreement, and shall have the same legal effect as the main body of this agreement. Unless otherwise expressly provided.

You shall not claim to void or rescind this agreement on the ground that you did not read this agreement or you did not receive any respond from the Owner or Operator to your requests. You hereby promise to accept and observe this agreement. If you do not agree with this agreement, you shall immediately stop registration/activation or stop using the Applications.

We may amend (update) this agreement at any time by posting (placing) the amended (updated) Terms of Use. We may or may not post notices when such changes occur. Your continued usage of any of Applications shall mean your acceptance of those amendments and updates.

SECTION 3 – REGISTRATION AND ACCOUNT

The Applications are not provided for using by users under 18 years old.

You hereby confirm that you are an individual person with full legal capacity when you complete the registration and or actually use the Applications in any other way allowed by the Owner.

If you do not have the mentioned capacity, you and your guardian shall undertake all the consequences resulted therefrom, and Owner shall have the right to cancel or permanently freeze your registration account, and claims against you and your guardian for compensation.

Owner or Operator will not take any responsibility for any loss, direct or indirect, and adverse consequence resulted therefrom will be borne by you.

When you create an account in any of Applications, you must provide us information that is reliable, accurate, complete and existing at all times. If you do not fulfill it therefore you violate the terms of this Terms of Use.

The user must ensure the safety/privacy of the login and password from his account.

You are responsible for safeguarding of the password or other information that you use to access the Applications and for any activities or actions under your password, whether the password is from the account of Application or from the third parties services.

We can block user’s account at our own discretion if there is a reason to assume that user’s account is used to make illegal activities, harm other users or used in violation of these Terms of Use.

SECTION 4 – LIMITED LICENSE

Owner grants you (User) a non-exclusive, non-transferable, revocable license to access and use the Applications in order for you to use its functionality, strictly in accordance with these Terms of Use.

After paying for the right of use Application or installing appropriate free version of the Application (if available such version), the User can use the Application only on own devices and on devices of users of Family Sharing Group with this user.

We can set and or change a fee for usage of any of Applications at our own discretion. We also can change the functionality of the Applications at our own discretion by releasing updates.

Prohibited to use of the Applications for the illegal activities. Prohibited to use hacked version of the Applications.

SECTION 5 – COPYRIGHTS AND TRADEMARKS

Unless otherwise noted, all the materials including without limitation, logos, brand names, images, designs, video content and written and other materials that appear as part of Applications are copyrights, trademarks, service marks, trade dress and or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by Owner.

Any of the Applications as a whole is protected by copyright. Nothing in the Applications should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used in the Applications, without the prior written permission of the Intellectual Property Owner.

SECTION 6 – THIRD PARTY WEBSITES, APPLICATIONS OR SERVICES

Applications may contain links to websites or applications owned or operated by parties other than Owner or Operator. Such links are provided for your reference only. Applications also may have integration with third party websites, applications or services. Owner or Operator does not monitor or control outside websites, applications or services and is not responsible for their content, privacy policies or practices. You further acknowledge and agree that Owner or Operator shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites, services or applications.

We strongly advise you to read the terms of use and privacy policies of any third party websites, applications or services that you visit and or use.

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.

SECTION 7 – DISCLAIMER

THE INFORMATION, MATERIALS, OTHER CONTENT AND FUNCTIONALITY IN APPLICATIONS ARE PROVIDED FOR YOUR REVIEW AND USE IN ACCORDANCE WITH THE TERMS OF USE SET FORTH HEREIN. THESE MATERIALS, CONTENT AND FUNCTIONALITY 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.

APPLICATIONS IS OPERATED BY OWNER OR OPERATOR ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY THE LAW, OWNER OR OPERATOR SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND.

We are also not liable for user's data safety. In doing so, according to our Privacy Policy (ANNEX №2) we are undertaking all reasonable measures to ensure adequate protection of user's Personally Identifiable Information.

We can stop support any of Applications at any time and at our own discretion.

To use any of Applications You have to get know and agree with all of regulations governing issues concerning our waiver of obligations and sets restrictions of our responsibility, which are set out in ANNEX №1 – DISCLAIMER and available at the following link – https://xwavesoft.com/disclaimer.html

SECTION 8 – PRIVACY POLICY

To use any of Applications You have to get know and agree with all of regulations governing general rules of User’s Personal Data collection, processing, distribution, usage and keeping by Owner which are set out in ANNEX №2 – PRIVACY POLICY and available at the following link – https://xwavesoft.com/privacy-policy.html

SECTION 9: USER'S ACCOUNT REMOVAL; TERMINATION OF RELATIONSHIPS

We can block (remove) user's account at our own discretion if there is a reason to assume that user's account is used to make illegal activities, harm other users or used in violation of these Terms of Use. Upon removal, your right to use the Application will immediately cease.

All provisions of the Terms of Use which by their nature should survive removal shall survive removal, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

SECTION 10: GOVERNING LAW; PROCEDURE FOR RESOLUTION OF DISPUTES

The activity of Owner or Operator is conducted in accordance with the legislation of Ukraine. All of the disputes related to this Agreement are resolved through negotiations if the dispute can not be resolved in the specified way then it is the subject to further consideration in courts of Ukraine.

Judicially recognition of the invalidity of certain provisions of this Agreement does not entail invalidity of the Agreement as a whole.

SECTION 11 – ANNEX

This Agreement contains the following annexes which are its integral part (and also are an independent legal documents):
ANNEX №1 (regulates issues concerning our waiver of obligations and sets restrictions of our responsibility) – DISCLAIMER;
ANNEX №2 (consent to processing personal data and other regulations regarding processing personal data of Users) – PRIVACY POLICY.

SECTION 12 – CONTACT US

If you have any questions concerning these Terms of Use or any of Applications, please contact us – support@xwavesoft.com. Technical support is carried out via email. Normally we respond within 24 hours, sometimes response time can rise.