Last updated: January 01, 2025
These Terms of Use (these “Terms”) are a legally binding agreement between you (“you,” “your”) and Yevgeniy Kovalev, NIP: 5272991183, REGON: 521331015, ul. Siedmiogrodzka 1/99, 01-204, Warszawa, Poland (“we,” “our,” or “us”) for the use of our app (the “App” or “Software”), and the content available via the App, the computer files stored on our servers, and all related services.
By accessing or registering the App, you confirm that you agree to be legally bound by and to comply with these Terms (the “Agreement”). If you disagree with the Agreement, stop accessing the App.
By using the App, you represent to us that:
You must immediately stop using our App if you don’t accept and agree to these Terms of Use and Privacy Policy.
You use our App on an “as is” basis and as you currently see it. We do not give any guarantees and are not responsible for not meeting your expectations, hopes, or assumptions from using our App.
The terms of the Privacy Policy and other supplemental terms and conditions or documents that may be posted on the App from time to time are expressly incorporated by reference.
The App allows the user to take a photo (or select an image from the device’s gallery) of a person for which application will generate a gift suggestion.
We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the App for personal and non-commercial purposes under these Terms.
This license is for the sole purpose of enabling you to enjoy the benefits of the Software, as stated herein, and for your personal use only.
Under this license, it is prohibited to use the App or any of its materials, including but not limited to parts of it, for commercial or promotional purposes without our prior written consent.
The User has no right to:
The license does not provide for any transfer (alienation) of intellectual property rights belonging to us.
The cost and type of subscription are available to users in the App. The subscription is purchased through the Apple payment system. Apple App Store rules regulate refund orders for subscription purchases. Learn more about refunds at the Apple App Store here.
Trial period. Some of our subscriptions include a free trial period, where you can experience the App at no cost. A subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. If you decide to unsubscribe from a paid subscription before Apple starts charging your payment method, cancel the subscription before the free trial ends.
Automatic renewal. Payment will be charged to your credit/debit card through your Apple App Store (Apple ID) account. You choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew unless auto-renew is turned off or canceled 24 hours before the renewal date in the Manage Subscriptions section of your account settings. Learn more about managing your subscriptions on the Apple App Store here.
We may modify the subscription fees at our sole discretion and at any time. Any subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with reasonable prior notice of any change in subscription fees to allow you to terminate your subscription before such change becomes effective.
Your continued use of the App after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.
If a user cancels a subscription and then decides to subscribe again, this user will be offered a new subscription fee.
The App may depend on or contain links to other websites and services.
Access to and use of the other websites and services we do not control are governed by third parties and are not covered by these Terms.
We are not responsible for the content, functions, and services offered through third-party websites or services and for any loss, damage, or other liabilities incurred due to your use of such websites, services, and their content or functions. We do not control the features available or accessed through them.
You acknowledge that other terms of service (or equivalents) and privacy policies (or equivalents) apply to your use of third-party websites, services, and their content or functions.
We expressly disclaim any responsibility or liability for any material communicated by such third-party websites and services or for any loss or damage incurred due to the use thereof.
You agree to defend, indemnify, and hold us harmless, as well as our licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of:
We reserve the right to handle our legal defense however we see fit, including in instances when you indemnify us. Therefore, you agree to cooperate with us in executing our strategy.
In no event shall we or our partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Your use of the Software is at your sole risk. The Software is provided on an “AS IS” and “AS AVAILABLE” basis. The Software is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
We do not warrant that:
Some jurisdictions don’t allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
We collect and process your data in order to provide our Software when you use the App. We act as the data controller in line with our business registration details:
Please note that we (as described above) may also have Belarusian citizenship. Our processing of your data is nonetheless governed by these Terms and the applicable laws. Any additional details regarding how your data is collected, processed, and transmitted can be found in our separate Privacy Policy document, which is incorporated herein by reference.
By using or visiting our App, you guarantee the following:
By using our App, you agree to comply with the rules outlined in this document, including but not limited to the following prohibited activities. You must not:
We have the right to delete, restrict access to, or block content or the account as a whole for non-observance of the Terms and conditions in this document.
This Agreement shall be governed by and construed in accordance with the Laws and Regulations of Poland.
In case of disputes between users and us concerning the terms of this document, the settlement of the dispute’s subject shall be resolved in a pre-trial manner through negotiations and agreement on the peaceful settlement of the dispute.
Users’ complaints and claims are accepted at the email address disaharid@gmail.com. Our support App will contact you in the shortest possible timeframe. The time limit for considering a complaint or claim is 14 days.
In case of failure to reach an agreement on the peaceful settlement of the dispute, any dispute, controversy, proceedings, or claim of whatever nature arising out of or in connection with or in any way relating to this Agreement or its formation shall be governed by and construed in accordance with the Laws and Regulations of Poland without the application of conflict of laws rules.
If the parties fail to agree on a peaceful settlement of the dispute, it will be resolved in the national court of Poland, using the rules of jurisdiction provided for by procedural legislation.
Termination by Us. 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 in the following cases:
We reserve the right to take whatever lawful actions we deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension, cancellation, or termination of your license (in whole or in part) and access to the App.
We will cooperate with legal authorities or third parties to investigate any suspected or alleged crime or civil wrong.
Termination by You. You may terminate the Agreement with us by canceling your account and stopping accessing the App.
Consequences of the Termination. If the Agreement is terminated, all permissions and licenses under these Terms will immediately terminate without our obligation to provide refunds.
We are constantly working on developing our service, as well as on the services that we provide, for more convenient and comfortable use. Therefore, this policy for using the service may occasionally be changed or supplemented by new provisions.
When the Terms change, we will notify you in advance of such changes so that you can familiarize yourself with the new Terms and conditions.
We may freely assign our rights or obligations under this Agreement without your consent. Save as expressly provided in this Agreement, you must not assign, transfer, charge, license, or otherwise dispose of or deal in this Agreement or any of its rights or obligations.
Upon termination, all provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
All claims between the parties related to these Terms will be litigated individually. The parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.
Email: disaharid@gmail.com