Aunio mobile app License Agreement

This License Agreement is an offer of the Altegio Limited, a company registered under the laws of the Cyprus (hereinafter referred to the “Rightholder”) to enter into the agreement upon the terms and conditions stated below. Please read the terms and conditions of this License Agreement before using the Aunio mobile app (hereinafter referred to the “Aunio”). Using the Aunio on other conditions is not allowed. This Agreement is between User and the Rightholder only and not with any of the App Stores. Therefore, the Rightholder is solely responsible for the Aunio and its content.

1. Terms and Definitions

   1. Words and phrases used in this License Agreement have the following meanings unless otherwise is expressly specified hereinafter:
      • License (Agreement) means the text of this document with all its annexes, amendments and addendums displayed while installation process of the Aunio or during the start of its using.
      • User means a person who entered into this Agreement with the Rightholder for its own benefit or for the benefit of others due to requirements of the actual legislation and this Agreement.
      • Aunio means the mobile app, the software program accompanied by this License and intended for installation and use on the Device for the purposes of online ordering (booking) of the Vendor’s Services by User.
      • Device means any mobile phone, communicator, smartphone, tablet, or other device which allows to use the mobile applications according to its functional purpose.
      • Vendor means an indicated in the Aunio entity or individual that provides User with Services, ordering (booking) of which the Aunio is intended for.
      • Services means the Vendor’s services and goods that can be ordered (booked) by User online using the Aunio.
      • Content means any information and materials including text, graphic, audio, video and other materials that may be transmitted and/or placed in the Aunio.
      • App Store means Google Play, Apple AppStore, Amazon Appstore and other similar services and platforms for distribution of software for mobile devices.
   2. This Agreement could use other terms and definitions not stipulates in clause 1.1. hereof. In this case such term should be interpreted according to the text hereof. If it is not possible to interpret such term or definition in a unique manner, such term of definition should be interpreted firstly according to mandatory documents stipulated therein, secondly – according to the applicable laws and after that – according to business custom and science doctrine.

2. License

   1. Once this Agreement is concluded the Rightholder entitles the User to use the Aunio on the terms of a non-exclusive non-transferable worldwide license during the set term.
   2. The User may only use the Aunio on a Device that he/she own or control and as permitted by the App Store’s terms and conditions.
   3. To conclude this Agreement the User is sufficient to perform the reproduction (record) or launch of the Aunio on the Device.The fulfillment of above mentioned actions confirm that the User has reviewed and fully and absolutely agrees to the full extent the terms set forth herein, and creates the agreement under the given conditions between the User and the Rightholder.
   4. The User has the right to use the Aunio due to the terms and conditions hereof by the following methods of use:
      1. Reproduction (record) of the Aunio on a single Device;
      2. Launch and use of the Aunio due to its functional purpose on a single Device;
      3. Providing data on the history of the User’s online records using the User’s personal phone number.
   5. Any rights and ways of use of the Aunio are not expressly granted to the User by the Agreement shall be deemed non-granted/prohibited by the Rightholder.
   6. The term of this license is not limited. The actual availability of the Services’ ordering (booking) by User depends on Vendor.

3. Vendor’s Services and Materials

   1. Aunio is intended to make feasible interaction between User and Vendor for the purposes of ordering (booking) of the Vendor’s Services by User. At that, User gets access to the information and materials placed in the Aunio by Vendor or on Vendor’s behalf, including links to websites or services (hereinafter – the Vendor’s Materials).
   2. User acknowledges and agrees that the Righholder shall not be responsible for any Services or Materials of Vendor, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, safety or any other aspect thereof. The Rightholder does not assume and shall not have any liability or responsibility to User or any other person or entity for any Services or Materials of Vendor, and User uses them entirely at his/her own risk.
   3. User must comply with applicable terms of use of the Vendor’s Services or Materials when using the Aunio.

4. License Restrictions

   1. The User is not allowed thereof independently or employing any third parties to do the following:
      1. In any manner copy (reproduce) application software and databases being a part of the Aunio, including any of their elements and information materials without prior written consent of their owner.
      2. Reveal the techniques, emulate, decompile, disassemble, decode and make any other similar actions in relation to the Aunio.
      3. Create software and/or services using the Aunio without prior permission of the Rightholder.
      4. Remove or in any way alter trademarks and copyright notices or other proprietary notices included in the Aunio.
   2. User is strictly prohibited from use of the Aunio for creation and/or distribution of Content that:
      • is illegal (prohibited information), harmful, offend morality, demonstrate (or propagate) violence and cruelty, promote hatred and/or discrimination people on racial, ethnic, sexual, religious, social grounds, contains elements (or is propaganda) of pornography, children erotica, constitute an advertisement (or a promotion) of sexual services (including under the guise of other services), explain the procedure of manufacture, application or other use of drugs or their analogues, explosives or other weapons;
      • violates personal non-property rights or intellectual property rights;
      • otherwise violates provisions of applicable law as well as common moral and ethical standards.
   3. The Rightholder has the right to set technical restrictions of use of the Aunio. The Rightholder will inform the User about above mentioned limitations from time to time in the manner at the Rightholder’s discretion.
   4. The functionality of the Aunio is a subject the Rightholder’s sole discretion and may be changed from time to time.
   5. The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

5. Liability under the License

   1. THE Aunio IS PROVIDED “AS IS’. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, RIGHTHOLDER HEREBY EXPRESSLY DISCLAIMS ANY WARRANTIES WITH RESPECT OF Aunio WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THEIR EQUIVALENTS UNDER THE LAWS OF ANY JURISDICTION. RIGHTHOLDER MAKES NO ANY WARRANTIES THAT Aunio WILL CORRESPOND TO USER’S DEMANDS, THAT IT WILL FUNCTION IN COMBINATION CHOSEN FOR THE USE OR TOGETHER WITH DIFFERENT PRODUCTS OF A THIRD PARTY, THAT FUNCTIONING OF Aunio WILL BE FAILURE-FREE OR FAULT-FREE, AND THAT ALL FAULTS OF Aunio WILL BE CORRECTED.
   2. Since functionality of the Aunio is constantly supplemented and updated, the form and the nature of the Mobile application could be changed from time to time without prior notice of the User. The Rightholder has the right at his own discretion to stop (temporarily or finally) providing or supporting the Aunio to Users, and also to alter or withdraw the License without prior notice.
   3. The Rightholder has no obligation under this Agreement to provide any maintenance or support with respect to the Aunio. To the extent that any maintenance or support is required by applicable law, the Righholder, not the App Store, shall be obligated to furnish any such maintenance or support.
   4. The Rightholder has no connection with the Content that Users or Vendors transmit and/or place in the Aunio. Rightholder does not check the Content or its components as well as its compliance with any kind of requirements and that the Users have all necessary rights. Any and all responsibility for the Content and its compliance to applicable requirements rests with the User or Vendor.
   5. The Rightholder is not responsible for any violations committed by the User as well as for any damages or losses caused by such violations.
   6. The User is responsible for any violation of the obligations stipulated by the Agreement and (or) an applicable legislation, and also for all the consequences of such violations (including any damages which the Rightholder and other third parties can suffer). In case of such violation Rightholder has the right to limit the use of Aunio by the User without any compensation.
   7. In case the Rightholder will be brought to justice or will be penalized due to the User’s violations of the rights and/or the interests of third parties as well as violation of the restrictions or limitations set by the law such User has to reimburse all the damages of the Rightholder.
   8. UNDER NO CIRCUMSTANCES SHALL RIGHTHOLDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, STATUTORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OF ANY KIND WHATSOEVER, OR FOR ANY LOST PROFITS, BUSINESS OR REVENUE, LOSS OF USE OR GOODWILL, OR OTHER LOST ECONOMIC ADVANTAGE, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE BREACH HEREOF, WHETHER SUCH CLAIMS ARE BASED ON BREACH OF CONTRACT, STRICT LIABILITY, TORT, ANY FEDERAL OR STATE STATUTORY CLAIM, OR ANY OTHER LEGAL THEORY AND EVEN IF RIGHTHOLDER KNEW, SHOULD HAVE KNOWN, OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
   9. Cumulative liability of the Rightholder under the Agreement in any event is limited by the documented damage suffered by the User in the amount which may not exceed EUR 20, and the Rightholder bears liability subject to his fault in causing such damage.
   10. In the event of any third party claim that the Aunio or the User’s possession and use of the Aunio infringes that third party’s intellectual property rights, the Rightholder, not App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.The Rightholder, not App Store, is responsible for addressing any claims of the User or any third party relating to the Aunio or the User’s possession and/or use of that Aunio, including, but not limited to: (i) product liability claims; (ii) any claim that the Aunio fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.The provisions of this paragraph under no circumstances may be deemed a prejudice to the provisions of other paragraphs of this Agreement and in any case shall not be understood as stipulating liability of the Rightholder for any User’s actions that constitute infringement of the third party’s rights including the User’s actions performed with use of the Aunio; the provision of this paragraph does not eliminate or reduce the User’s liability for any violation committed by User.
   11. Some jurisdictions do not allow the exclusion of certain types of warranties/liabilities or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to User. This Agreement may not limit liability of the Rightholder to the User beyond what is permitted by applicable law. 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. To the extent any warranty and/or liability exists under law that cannot be disclaimed, the Rightholder, not the App Store, shall be solely responsible for such warranty and/or liability.

6. Updates/new versions

   1. The Aunio may from time to time automatically download and install updates that designed to improve the mobile app and may be in the form of patches, additional modules or completely new versions of the mobile app. User hereby acknowledge and agree with such automatic updating of the Aunio including request, download and installation of the updates onto User’s Device without any further notifications.
   2. This License shall govern all further updates/new versions of the Aunio. Installation of the update/new version of the Aunio shall be deemed as User’s acceptance of this License with respect to relevant updates/new versions of the Aunio unless such installation is accompanied by different license agreement.

7. Final provisions

   1. The processing the information provided by the User about himself/herself or about third parties within using the Aunio as well as the information which is received within such usage in automated way is made by the Rightholder per Vendor instructions according to the Privacy Policy published or available at the address: www.alteg.io/en/info/privacy.
   2. In case applicable law and/or the Rightholder’s agreements with the App Stores stipulates different mandatory rules that cannot be altered by this Agreement or that this Agreement has to comply with, the relationships of the Parties shall be governed by such mandatory rules and this Agreement shall be applies to the extent it complies with such rules.
   3. The Aunio may include third-party software that will be licensed to you either under the terms of this Agreement, or, if specified in the documentation, readme files or otherwise in writing, under separate license terms (“Separate Terms”) and not under the terms of this agreement (“Separately Licensed Third Party Software”). User’s rights to use such Separately Licensed Third Party Software under the Separate Terms are not restricted or modified in any way by this Agreement.
   4. This Agreement, procedure for its concluding and executing and also any issues not provided herein shall be governed by the applicable law of the Rightholder’s location. Your use of the Aunio may also be subject to other local, state, national, or international laws.
   5. Any dispute arising from the Agreement or in connection with it shall be subject to settlement in court at the location of the Rightholder in accordance with the procedural law applied by such court.
   6. This Agreement could be altered or terminated by the Rightholder unilaterally and without prior notification of the User and without payment of any compensation in this regard. This Agreement will terminate immediately, without prior notice from the Rightholder, in the event that User fails to comply with any provision of this Agreement. Users may also terminate this Agreement by deleting the Aunio and all copies thereof from the Device.
   7. The Rightholder and the User acknowledge and agree that App Store, and its subsidiaries, are third party beneficiaries of this Agreement. Upon the User’s acceptance of the terms and conditions of this Agreement, App Store will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the User as a third party beneficiary thereof.

8. The Rightholder’s details:

   1. 1. Altegio Limited, a company registered under the laws of the Republic of Cyprus, address: Ioanni Stylianou, 6, 2nd floor, Flat|Office 202, 2003, Nicosia, Cyprus, Registration number: HE 434056
         1. tel: +35722030868.
         2. e-mail: [email protected].