Terms and
Conditions for Survivor Pool Optimizer
Terms and Conditions
Last
updated: April 12, 2021
Please
read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
Interpretation
The words
of which the initial letter is capitalized have meanings defined under the
following conditions. The following definitions shall have the same meaning
regardless of whether they appear in singular or in plural.
Definitions
For the
purposes of these Terms and Conditions:
Acknowledgment
These are
the Terms and Conditions governing the use of this Service and the agreement
that operates between You and the Company. These Terms and Conditions set out
the rights and obligations of all users regarding the use of the Service.
Your
access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply to
all visitors, users and others who access or use the Service.
By
accessing or using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and Conditions
then You may not access the Service.
You
represent that you are over the age of 18. The Company does not permit those
under 18 to use the Service.
Your
access to and use of the Service is also conditioned on Your acceptance of and
compliance with the Privacy Policy of the Company. Our Privacy Policy describes
Our policies and procedures on the collection, use and disclosure of Your
personal information when You use the Application or the Website and tells You
about Your privacy rights and how the law protects You. Please read Our Privacy
Policy carefully before using Our Service.
In-app Purchases
The
Application may include In-app Purchases that allow you to buy products, services or Subscriptions.
More
information about how you may be able to manage In-app Purchases using your Device
may be set out in the Application Store's own terms and conditions or in your
Device's Help settings.
In-app
Purchases can only be consumed within the Application. If you make a In-app
Purchase, that In-app Purchase cannot be cancelled after you have initiated its
download. In-app Purchases cannot be redeemed for cash or other consideration
or otherwise transferred.
If any
In-app Purchase is not successfully downloaded or does not work once it has
been successfully downloaded, we will, after becoming aware of the fault or
being notified to the fault by You, investigate the reason for the fault. We
will act reasonably in deciding whether to provide You with a replacement
In-app Purchase or issue You with a patch to repair the fault. In no event will
We charge You to replace or repair the In-app Purchase. In the unlikely event
that we are unable to replace or repair the relevant In-app Purchase or are
unable to do so within a reasonable period of time and without significant
inconvenience to You, We will authorize the
Application Store to refund You an amount up to the cost of the relevant In-app
Purchase. Alternatively, if You wish to request a refund, You
may do so by contacting the Application Store directly.
You
acknowledge and agree that all billing and transaction processes are handled by
the Application Store from where you downloaded the Application and are
governed by that Application Store's own terms and conditions.
If you
have any payment related issues with In-app Purchases, then you need to contact
the Application Store directly.
User Accounts
When You
create an account with Us, You must provide Us
information that is accurate, complete, and current at all times. Failure to do
so constitutes a breach of the Terms, which may result in immediate termination
of Your account on Our Service.
You are responsible
for safeguarding the password that You use to access the Service and for any
activities or actions under Your password, whether Your password is with Our
Service or a Third-Party Social Media Service.
You agree
not to disclose Your password to any third party. You must notify Us
immediately upon becoming aware of any breach of security or unauthorized use
of Your account.
You may
not use as a username the name of another person or entity or that is not
lawfully available for use, a name or trademark that is subject to any rights
of another person or entity other than You without appropriate authorization,
or a name that is otherwise offensive, vulgar or
obscene.
Links to Other Websites
Our
Service may contain links to third-party web sites or services that are not
owned or controlled by the Company.
The
Company has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party web
sites or services. You further acknowledge and agree that the Company 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 the
use of or reliance on any such content, goods or services available on or
through any such web sites or services.
We
strongly advise You to read the terms and conditions and privacy policies of
any third-party web sites or services that You visit.
Termination
We may
terminate or suspend Your Account immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if You
breach these Terms and Conditions.
Upon
termination, Your right to use the Service will cease
immediately. If You wish to terminate Your Account, You
may simply discontinue using the Service.
Limitation of Liability
Notwithstanding
any damages that You might incur, the entire liability of the Company and any
of its suppliers under any provision of this Terms and Your exclusive remedy
for all of the foregoing shall be limited to the
amount actually paid by You through the Service or 100 USD if You haven't
purchased anything through the Service.
To the
maximum extent permitted by applicable law, in no event shall the Company or
its suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits,
loss of data or other information, for business interruption, for personal
injury, loss of privacy arising out of or in any way related to the use of or
inability to use the Service, third-party software and/or third-party hardware
used with the Service, or otherwise in connection with any provision of this
Terms), even if the Company or any supplier has been advised of the possibility
of such damages and even if the remedy fails of its essential purpose.
Some
states do not allow the exclusion of implied warranties or limitation of
liability for incidental or consequential damages, which means that some of the
above limitations may not apply. In these states, each party's liability will
be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE"
Disclaimer
The
Service is provided to You "AS IS" and "AS AVAILABLE" and
with all faults and defects without warranty of any kind. To the maximum extent
permitted under applicable law, the Company, on its own behalf and on behalf of
its Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or
otherwise, with respect to the Service, including all implied warranties of
merchantability, fitness for a particular purpose, title and non-infringement,
and warranties that may arise out of course of dealing, course of performance,
usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind
that the Service will meet Your requirements, achieve any intended results, be
compatible or work with any other software, applications, systems
or services, operate without interruption, meet any performance or reliability
standards or be error free or that any errors or defects can or will be
corrected.
Without
limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or
the information, content, and materials or products included thereon; (ii) that
the Service will be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the
Service; or (iv) that the Service, its servers, the content, or e-mails sent
from or on behalf of the Company are free of viruses, scripts, trojan horses,
worms, malware, timebombs or other harmful components.
Some
jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to
You. But in such a case the exclusions and limitations set forth in this
section shall be applied to the greatest extent enforceable under applicable
law.
Governing Law
The laws
of the Country, excluding its conflicts of law rules, shall govern this Terms
and Your use of the Service. Your use of the Application may also be subject to
other local, state, national, or international laws.
Disputes Resolution
If You
have any concern or dispute about the Service, You
agree to first try to resolve the dispute informally by contacting the Company.
For European Union (EU) Users
If You
are a European Union consumer, you will benefit from any mandatory provisions
of the law of the country in which you are resident in.
United States Legal Compliance
You
represent and warrant that (i) You are not located in
a country that is subject to the United States government embargo, or that has
been designated by the United States government as a "terrorist
supporting" country, and (ii) You are not listed on any United States
government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any
provision of these 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.
Waiver
Except as
provided herein, the failure to exercise a right or to require performance of
an obligation under this Terms shall not effect a
party's ability to exercise such right or require such performance at any time thereafter
nor shall be the waiver of a breach constitute a waiver of any subsequent
breach.
Translation Interpretation
These
Terms and Conditions may have been translated if We have made them available to
You on our Service. You agree that the original English text shall prevail in
the case of a dispute.
Changes to These Terms and Conditions
We
reserve the right, at Our sole discretion, to modify or replace these Terms at
any time. If a revision is material We will make
reasonable efforts to provide at least 30 days' notice prior to any new terms
taking effect. What constitutes a material change will be determined at Our
sole discretion.
By
continuing to access or use Our Service after those revisions become effective,
You agree to be bound by the revised terms. If You do
not agree to the new terms, in whole or in part, please stop using the website
and the Service.
Contact Us
If you
have any questions about these Terms and Conditions, You
can contact us: