BrainMount Ltd are pleased to provide you its "BrainMount" branded mobile applications and any and all related documentation (each, an "BrainMount App", and collectively, the "BrainMount Apps") a list of which is available at https://ar-translator.com. PLEASE READ THIS END-USER LICENSE AGREEMENT CAREFULLY BEFORE ACCESSING OR USING ANY BRAINMOUNT APPS, for this End-User License Agreement governs your use of the BrainMount Apps and how we provide the BrainMount Apps.
TABLE OF CONTENTS:
This End-User License Agreement (including the Supplemental Terms, as applicable) ("EULA") is a legal agreement between you and BrainMount Ltd, a Cyprus registered company, with company number ΗΕ418475 and its registered office at Vasili Michailidi 9, 3026, Limassol, Cyprus ("BrainMount", "we", "us" or "our") which governs your use of the BrainMount Apps. By installing or otherwise using the BrainMount Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the BrainMount App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any BrainMount App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any BrainMount App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the BrainMount App shall constitute reasonable means. Your continued use of the BrainMount Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the BrainMount Apps. If you have any questions or concerns regarding the terms or conditions herein, please email us at [email protected] Do not use the BrainMount Apps until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA.
Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect.
B. AGE REQUIREMENT:
You must be 13 years of age or older to install or to use the BrainMount Apps. If you are at least 13 but not yet 18 years of age, please have your parent or legal guardian review this EULA with you, discuss any questions you might have, and install the BrainMount Apps for you.
NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to download and access an BrainMount App, you agree to the terms and conditions of this EULA on behalf of your child. You are responsible for exercising supervision over your children's online activities. If you do not agree to this EULA, do not let your child use the BrainMount Apps or associated features. If you are the parent or guardian of a child under 13 and believe that he or she is using the BrainMount Apps, please contact us at [email protected]
C. GRANT OF LICENSE:
Subject to your compliance with the terms and conditions of this EULA, BrainMount grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license, to access, download and install the most current generally available version of the BrainMount Apps on a single, authorized mobile device that you own or control solely for your lawful, personal, and non-commercial entertainment use.
D. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS:
1. Restricted Use. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the BrainMount Apps or use the BrainMount Apps for the benefit of any third party. Unless expressly authorized by BrainMount or permitted under the applicable mobile platform terms, you are prohibited from making the BrainMount Apps available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the BrainMount Apps, except to remove our BrainMount Apps from a mobile device which you own or control. You may not violate or attempt to violate the security of our services. You may not modify, reverse-engineer, decompile, disassemble, or otherwise tamper with any BrainMount Apps, or attempt to do so for any reason or by any means. You may not access, create or modify the source code of any BrainMount Apps in any way. You do not have the right to and may not create derivative works of any BrainMount Apps or any portions thereof. All modifications or enhancements to the BrainMount Apps remain the sole property of BrainMount.
2. BrainMount Apps Updates. We reserve the right to add or remove features or functions to existing BrainMount Apps. When installed on your mobile device, the BrainMount Apps periodically communicate with our servers. We may require the updating of the BrainMount Apps on your mobile device when we release a new version of the BrainMount Apps, or when we make new features available. This update may occur automatically or upon prior notice to you, and may occur all at once or over multiple sessions. You understand that we may require your review and acceptance of our then-current EULA before you will be permitted to use any subsequent versions of the BrainMount Apps. You acknowledge and agree that any obligation we may have to support previous versions of the BrainMount Apps may be ended upon the availability of updates, supplements or subsequent versions of the BrainMount Apps. You acknowledge and agree that we have no obligation to make available to you any updates, supplements or subsequent versions of the BrainMount Apps.
3. Access. You must provide at your own expense the equipment, Internet connections, devices and service plans to access and use the BrainMount Apps. If you access an BrainMount App through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. You are solely responsible for any costs you incur to access the BrainMount Apps from your device. Downloading, installing or using certain BrainMount Apps may be prohibited or restricted by your network provider and not all BrainMount Apps may work with your network provider or device. BrainMount makes no representation that the BrainMount Apps can be accessed on all devices or wireless service plans. BrainMount makes no representation that the BrainMount Apps are available in all languages or that the BrainMount Apps are appropriate or available for use in any particular location.
4. Purchases & Cancellation Rights.
Where you purchase from a third party: Certain BrainMount Apps are available for purchase from a mobile platform owner (e.g. Apple) and/or will allow you to make an in-application purchase. Payment for such purchases may be processed by third parties who act on our behalf or directly by the mobile platform owner. European Union residents normally have a right to cancel online purchases within 14 days of making them. Please note and acknowledge: if you are resident in the European Union and download an BrainMount App from a mobile platform owner (e.g. Apple), you may not be able to cancel your order or obtain a refund. Please review the mobile platform owner's terms in this regard before purchase. This may also apply to subscriptions and in-app purchases. You can find further information on cancelling orders and any associated refunds on the website of the third party re-seller from whom you purchased the app (for example, the Apple App Store).
5. Subscription Services. Certain BrainMount Apps on the Apple App Store will allow you to obtain the benefit of the application on a subscription basis. Payment for such a subscription (which may be for example daily, weekly, monthly, tri-monthly or yearly) may be processed in the application, by third parties who act on our behalf or directly by the mobile platform owner (e.g. Apple). Free trial subscriptions may be cancelled at any point up to 24 hours before the expiry of the free trial (Apple). See below in paragraph 6 ("Trial Periods") for further information. You can cancel a subscription service at any time during the subscription period via the subscription settings in your iTunes account. The cancellation will take effect after the last day in the relevant subscription period. See above in paragraph 4 ("Purchases & Cancellation Rights") for further information.
6. Trial Periods. Certain of our subscription services on the Apple App Store may from time to time be offered for a fixed period of time on a free-trial basis. You are free to cancel a free-trial subscription at any time via the subscription setting in your iTunes account. Please note: your free-trial subscription will automatically renew as a paid subscription unless auto-renew is turned off at least 24 hours before the end of the free-trial subscription period (Apple).
7. Online Dispute Resolution. If you reside in the European Union, you can find information about online dispute resolution here: https://webgate.ec.europa.eu/odr/main/index.cfm?ev.... Please note that we reserve the right not to participate in forms of alternative dispute resolution. For further information, please contact: [email protected]
E. THIRD-PARTY PARTNERS:
1. Third-Party Services and Content. The BrainMount Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds, and/or content. If you are installing an BrainMount App that includes third party services and third party content, such services and content are subject to such third party's terms of services and privacy policies, which may be found on the relevant Third Party Partner's website. BrainMount Apps may provide access or links to Third Party Partner websites or resources. BrainMount has no control over such websites and resources, and you acknowledge and agree that BrainMount is not responsible for the availability of such external websites or resources, and does not endorse nor is responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that BrainMount 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 (as defined below), goods or services available on or through any such website or resource. BrainMount will not be a party to or in any way be responsible for monitoring any transaction between you and Third Party Partners.
2. Access to Third-Party Services and Content through BrainMount Apps. All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials ("Content") made available or accessible through an BrainMount App, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You hereby acknowledge and agree that by using an BrainMount App you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will BrainMount be liable in any way for any Content created by or originating with entities other the BrainMount, including, but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a result of the transmission or posting of such Content by means of an BrainMount App.
BrainMount Apps, like other consumer technologies, may not be 100% secure. By accepting this EULA you acknowledge and accept that the BrainMount Apps and any information you download or offer to share by means of an BrainMount App, may be exposed to unauthorized access, interception, corruption, damage or misuse, and cannot be regarded as 100% secure. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing your mobile device from unauthorized access, including by such means as using complex password protection. You agree that BrainMount shall not be liable for any unauthorized access to your mobile device or the app data thereon.
1. Registration. Most BrainMount Apps will not require a registration: however, some BrainMount Apps may permit or require you to create an account to participate or access additional features or functionalities ("Registration"). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by a Third Party Partner is not governed by this EULA and you should refer to the relevant Third Party Partner's website for their policies.
2. Passwords. You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.
H. UNINSTALL/REMOVAL OF AN BrainMount APP:
To uninstall and remove the BrainMount Apps, please use the application manager provided with your device or consult your device manual for reference.
I. CONSENT TO USE OF DATA:
J. INTELLECTUAL PROPERTY:
The BrainMount Apps, including all design, text, images, photographs, illustrations, audio-clips, video-clips, artwork, graphic material, code, content, protocols, software, and documentation provided to you by BrainMount are BrainMount's property or the property of BrainMount's licensors, and are protected by U.S. and international copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. "Intellectual Property Rights" means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we or Third Party Partners have placed on or within the BrainMount Apps. All rights not expressly granted hereunder are expressly reserved to BrainMount and its licensors.
The BrainMount and BrainMount names, logos and affiliated properties, are the exclusive property of BrainMount or its affiliates. All other trademarks appearing on any BrainMount App are trademarks of their respective owners, and the use of such trademarks shall inure to the benefit of the trademark owner. Our partners or service providers may also have additional proprietary rights in the content which they make available through an BrainMount App. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
1. You are solely responsible for any Content you contribute, submit or display on or through your use of the BrainMount App(s). It is your obligation to ensure that such Content, including photos, text, video and music files, does not violate any copyright or other Intellectual Property Rights. You must either own or have a license to use any Content that you contribute, submit or display.
2. BrainMount respects and expects its users to respect the rights of copyright holders. On notice, BrainMount will act appropriately to remove content that infringes the copyright rights of others. BrainMount reserves the right to disable the access to BrainMount Apps or other services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe an BrainMount App, or elements, infringe your copyright rights, Please contact: [email protected]
Please ensure your communication includes the following:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the BrainMount App;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
3. Objectionable Content. BrainMount may also act to remove Objectionable Content. The decision to remove Objectionable Content shall be made at BrainMount's sole discretion. "Objectionable Content" includes, but is not limited to:
Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, or libelous,
Content that is hateful, or advocates hate crimes, harm or violence against a person or group,
Content that may harm minors in any way;
Content that has the goal or effect of "stalking" or otherwise harassing another
Private information about any individual such as phone numbers, addresses, Social Security numbers or any other information that is invasive of another's privacy;
Content that is vulgar, offensive, obscene or pornographic,
Unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
4. Content Screening and Disclosure. We do not, and cannot, pre-screen or monitor all Content. However, our representatives may monitor Content submission through the BrainMount Apps, and you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the submission of any Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content.
We may access, preserve or disclose any of your information or Content (including without limitation chat text) if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against us or to comply with legal process (for example, subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as this EULA; (iii) for fraud prevention, risk assessment, investigation, customer support, providing the app services or engineering support; (iv) protect the rights, property or safety of BrainMount, its users, or members of the public or (v) to report a crime or other offensive behaviour.
5. Ownership of Content You Submit. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any Content that you submit, through your use of the BrainMount Apps. However, you grant us permission to use such Content in any way we see fit, for instance for the purposes of promotion of the BrainMount Apps. If, at our request, you send submissions (such as contest submissions, polling questions) or you send us creative suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions shall be deemed, and shall remain, the property of BrainMount. None of the Submissions shall be subject to any obligation of confidence on the part of BrainMount, and BrainMount shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, BrainMount shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. You hereby assign to BrainMount all right, title and interest in and to the Submissions and you hereby waive any moral rights (and any rights of the same or similar effect anywhere in the world existing now or in the future created) relating to the Submissions in favour of BrainMount and its assignees, licensees and designees.
6. Repeat Infringer Policy. BrainMount may terminate a user's access to the BrainMount App(s) if, under appropriate circumstances, the user is determined to be a repeat infringer.
7. No Intended Third Party Beneficiaries. Except as otherwise set forth herein, no third party is an intended beneficiary of this EULA.
Your rights under this EULA will terminate immediately and automatically without any notice from BrainMount if you fail to comply with any of the terms and conditions of this EULA. You understand that BrainMount, in its sole discretion, may modify or discontinue or suspend your right to access any of our services or use of any BrainMount Apps at any time. Further, BrainMount, with or without any reason, may at any time suspend or terminate any license hereunder and disable the BrainMount Apps or any of its component features. You agree that BrainMount shall not be liable to you or any third-party for any termination or disabling of the BrainMount Apps. Promptly upon expiration or termination of this EULA, you must cease all use of the BrainMount Apps and destroy all copies of BrainMount Apps in your possession or control. Termination will not limit any of BrainMount's other rights or remedies at law or in equity. Sections J-S, and any Supplemental Terms of this EULA shall survive termination or expiration of this EULA for any reason.
M. DISCLAIMER OF WARRANTY:
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL BrainMount APPS ARE PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK. SUBJECT TO APPLICABLE LAW, BrainMount, ON BEHALF OF ITSELF, AND ITS AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR OTHERWISE. WITHOUT LIMITATION, BrainMount MAKES NO WARRANTY THAT THE BrainMount APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE BrainMount PRODUCTS WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF THE BrainMount APPS WILL MEET YOUR EXPECTATIONS. BrainMount ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR BrainMount APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM BrainMount APPS OR SERVERS; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH BrainMount APPS BY ANY THIRD PARTY; OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BrainMount APPS.
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE BrainMount APPS REMAINS SOLELY WITH YOU.
BrainMount EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED BY THIRD PARTY PARTNERS.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
NOTICE REGARDING CALL RECORDING FEATURE: Certain BrainMount Apps may allow you to record phone conversations on your iOS device. Some local, state, federal or international laws prohibit the recording of third-party audio without all parties' consent to such recording. You are solely responsible for compliance with all local, state, federal or international laws regarding call recording and obtaining any necessary consent. IN NO EVENT SHALL BrainMount BE RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR YOUR FAILURE TO COMPLY WITH LOCAL, STATE, FEDERAL OR INTERNATIONAL LAWS REGARDING THIRD-PARTY AUDIO RECORDING. The data about recordings (and recordings themselves) might be removed from BrainMount servers at any time without notice. Recordings that exceeds 4 hours will not be saved.
NOTICE REGARDING СALL BLOCKING FEATURE: Protecting the privacy and security of consumers' personal information is very important to us. Please read this notice carefully to understand what we do with the personal information we collect both online and offline. When you contact us through «Report Spam» section to help you with a problem, we may collect information indicated in your report. We collect and use only the information necessary to respond to your concerns and conduct investigations. In most instances, we collect minimal personal information, such as phone number indicated in your report. We also collect minimal personal information indicated in your Block List in «My Block List» section such as name and phone number.
N. LIMITATION OF LIABILITY:
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT BrainMount SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BrainMount HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE BrainMount APPS; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE BrainMount APPS. IN NO EVENT SHALL BrainMount'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE BrainMount APP. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
IF ANY OF THE EXCLUSIONS SET FORTH IN THIS SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER THE DATE ON WHICH YOU FIRST ACCESS THE BrainMount APP, AND NO WARRANTIES SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS BrainMount, ITS PARENTS, AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE BrainMount APPS, YOUR VIOLATION OF THE EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY BrainMount OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
P. EXPORT CONTROLS:
The BrainMount Apps and the underlying information and technology are subject to US and international laws, restrictions and regulations that may govern the import, export, downloading and use of the Apps. You agree to comply with these laws, restrictions and regulations when downloading or using the apps.
Q. NOTICE TO US GOVERNMENT END USERS:
Any BrainMount Apps installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights as "commercial Items," as that terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
R. JURISDICTIONAL ISSUES AND OTHER MISCELLANEOUS TERMS:
BrainMount does not represent or warrant that the BrainMount Apps or any part thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the BrainMount Apps, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. The laws of Cyprus, without regard to conflict of laws principles, shall govern all matters relating to or arising from this EULA, and the use (or inability to use) the BrainMount Apps. You hereby submit to the exclusive jurisdiction and venue of the appropriate courts of Cyprus, with respect to all matters arising out of or relating to this EULA.
No failure or delay by BrainMount in exercising any right, power or privilege under this EULA will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this EULA. If any provision of this EULA shall be found unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE BrainMount APPS MUST COMMENCE WITHIN THREE (3) YEARS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
S. HOW TO CONTACT US.
If you have any questions about this EULA, please contact us by email or postal mail as follows:
Vasili Michailidi 9
T. SUPPLEMENTAL TERMS
To the extent permitted by applicable law (and without limiting the above rights, remedies and obligations except the extent expressly in conflict with additional terms below), the following additional terms shall apply to your use of BrainMount Apps, as applicable:
Apple App Store: By accessing the BrainMount App through a device made by Apple, Inc. ("Apple"), you specifically acknowledge and agree that:
1. This EULA is between BrainMount and you; Apple is not a party to this EULA.
2. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the BrainMount App on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple's App Store Terms of Service.
3. Apple is not responsible for BrainMount App or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the BrainMount App.
4. In the event of any failure of the BrainMount App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the BrainMount App, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the BrainMount App.
5. Apple is not responsible for addressing any claims by you or a third party relating to the BrainMount App or your possession or use of the BrainMount App, including without limitation (a) product liability claims; (b) any claim that the BrainMount App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
6. In the event of any third party claim that the BrainMount App or your possession and use of the BrainMount App infringes such third party's intellectual property rights, Apple is not responsible for the investigation, defense, settlement or discharge of such intellectual property infringement claim.
7. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Apple and its subsidiaries are third party beneficiaries of this EULA and upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.
9. BrainMount expressly authorizes use of the BrainMount Apps by multiple users through the Family Sharing or any similar functionality provided by Apple.
Read the End User License Agreement Here.
2. DATA WE COLLECT
When you use an BrainMount App, BrainMount Ltd or its trusted partners may collect data from your mobile device, including information which directly or indirectly identifies you. Your information may be kept in an identifiable format, or in an aggregate format which means that you cannot reasonably be identified from it. The information we collect about you (collectively and individually, the "Information") includes:
If an BrainMount App offers you the option to register, we will collect the Information you provide to us in the registration form. This may include identification data such as your name, email address or other account or registration data.
In some cases, an BrainMount App may provide you with the option to register using social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called "Social Logins" below.
We will also collect your Information when you use BrainMount Apps such as when you post or share material, upload data, request further services or make selections using the BrainMount Apps, if such functionality is available in the BrainMount App.
If you opt-in, some BrainMount Apps may collect movement data from your phone.
We will collect Information about you when you interact with us such as when you report a problem, contact or communicate with us.
Geolocation data, which is any Information which indicates the geographical position of your device and which may include the time the location was recorded, and may include precise (e.g., GPS-level) location data. Some BrainMount Apps may collect this data when the App is not open or actively in use (This may help us or third parties to customize information, content, or offers to you, for instance.) The BrainMount App and/or your mobile device may provide options for you to control the use and/or sharing of precise device location data.
We automatically collect certain Information from your device when you use the BrainMount App including Information about your device, carrier and other technical data.
3. HOW WE USE THE INFORMATION WE COLLECT
We may use the Information (elements of which we may use alone or in combination with each other data/Information) we collect to:
Deliver the BrainMount Apps to you and ensure their optimal functionality and operation;
Enable you to register and create an account with the BrainMount Apps;
Provide you with customer support;
Perform research and analysis about your use of, or interest in, our products, services, or content;
If you have registered with an BrainMount App using your social media account details, we may use the Information we receive from your social media provider to identify which of your friends are also using the BrainMount App so that you can connect with them in our app;
Communicate with you by e-mail, postal mail, telephone and/or mobile devices (including through in-application advertising) about products or services that may be of interest to you either from us, our parent or subsidiary companies or other third parties. If you do not wish to receive in-application advertising, in some cases you can upgrade to the paid version of the app;
Develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness. For instance, we, or these third parties may serve music-related ads or offers to users who have installed music-related apps (whether or not these are BrainMount Apps). Similarly, users who frequently visit music-related venues may likewise receive ads or offers to install music-related apps;
Verify your eligibility and deliver prizes in connection with contests and sweepstakes and in order to conduct polls and surveys;
Enforce our terms, conditions and policies and to communicate with you;
Manage and improve the BrainMount App(s). For this purpose, we may use and combine your Information which we collect across different BrainMount Apps used by you;
When we collect your precise geolocation data (subject to your consent) (which may be via the device's cellular, Wi-Fi, Global Positioning System (GPS) networks and/or Bluetooth information), we do so to provide you with our location-related products and services, for example to provide you with forecast and weather alerts for your location, and also to facilitate, measure, or otherwise support advertising by third parties (through our apps or third parties' apps) that may be related to your location over time.
When you share your Information with us via a social network provider like Facebook, we use this to show Information on your social network profile (subject to your privacy setting and preferences for such social network) and to allow you to share Information about our services with your connections or on your social network profile.
4. CROSS-APP ADVERTISING AND OTHER INTEREST-BASED ADVERTISING TECHNOLOGIES
If you wish to opt out of interest-based cross-application tracking through your mobile device, you can do so through your device "settings", as follows (but please note that the below is for informational purposes only and Apple, Google, or other device platforms may change the manner in which their "opt out" settings work at any time): Please note that if you opt out through these settings, you will continue to receive advertising after you opt-out, but it may not be tailored to your interests. For instance, that advertising may be based on your real-time or "contextual" application usage or general location inferred from IP address.
Opting Out on iOS Devices Such as iPhones, iPads or iPods
If you have an Apple device, you can opt out of mobile interest-based or "cross-app" advertising by updating to iOS 6.0 or higher, and setting Limit Ad Tracking to 'ON'. On an iPhone 6 for example, you can do this by clicking on Settings -> General -> Privacy -> Advertising and toggling "Limit Ad Tracking" to 'ON'. Our systems are designed to respect your choice and not use Information to provide interest-based advertising when this setting is ON.
We may sometimes work with partners to help us or help them correlate content or ads provided to users across devices or browsers. For instance, a brand may wish to use the Information that we collect (or data that its own partners collect) to send offers to its customers across both mobile applications and browsers. We thus also provide the links below to the NAI "Consumer Opt-out," DAA opt-out, and Google opt-out that are only applicable to participating third parties, which does not include BrainMount Ltd. You may also block certain App Identifiers by changing the settings of your device. However, we do not currently recognize or respond to browser-initiated Do Not Track signals, as the Internet industry has not reached a consensus as to Do Not Track standards, implementations and solutions.
5. SHARING YOUR INFORMATION
We may share your Information as follows:
We may share your Information with our authorized service providers that perform certain services on our behalf. These services may include providing customer service and marketing assistance, performing business and sales analysis, supporting our BrainMount Apps functionality, and supporting marketing promotions (e.g., contests and sweepstakes) surveys and other features offered through our BrainMount Apps. These service providers may have limited access to your Information, which is needed to perform their functions, but are not permitted to share or use such Information for any other purposes.
When you engage in promotions offered through the BrainMount Apps, we may share your Information with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes; unless, we have otherwise committed to you that we will not share specific Information you provided. When you elect to engage in a particular merchant's offer or program, you authorize us to provide your email address and other Information to that merchant.
We may also allow third-parties, including our authorized service providers, parent and subsidiary companies, affiliates, advertising companies and ad networks, to display advertisements in the BrainMount Apps or other apps or use App Identifiers for the purpose of advertising and direct marketing. These companies may use technologies to collect data about users, including non-precise and/or precise location data, to help them tailor relevant ads and content and analyze and measure ads' effectiveness or, more generally, brand and mobile audiences. These companies may collect this data through SDKs or from users who view or interact with their advertisements. We combine Information internally at BrainMount Ltd across different BrainMount Apps. This will enable us to provide more tailored and personal experiences and services to you across our family of BrainMount Apps which are described https://ar-translator.com
Other Situations. We may disclose your Information (i) to respond in good faith to a subpoena or similar investigative demand, a court order, or a request for cooperation from a law enforcement or other government agency; (ii) in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing; (iii) to protect and defend the rights, property or safety of our company, our users, our employees, or others; (iv) to comply with applicable law or cooperate with law enforcement; (v) to enforce our BrainMount Apps terms and conditions or other agreements or policies; and (vi) in connection with a substantial corporate transaction, such as the sale of our business or the BrainMount Apps, a divestiture, merger, consolidation, or asset sale or transfer, or in the unlikely event of bankruptcy. In addition, we may share aggregated Information we collect, under any of the above circumstances, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other legitimate business purposes. Please note that such aggregated Information will not include any Information which allows third parties to identify you.
6. COOKIES, IDENTIFIERS AND DATA ANALYSIS
We may collect certain device data and electronic identifiers such as the mobile device identifier provided by your mobile device operating system, your mobile operating system details and the name of your mobile carrier. For example, if you use the iOS platform then Advertiser IDs (also known as "IDFAs" if you have an Apple device) may be collected. Other identifiers collected may include IP addresses, OpenUDID, Session ID, ODIn1, iOS Vendor IDs, MAC addresses, IMEI and ODIN1 for OS X (together with the IDFAs, the "App Identifiers").
When you use the BrainMount App(s), we may use the App Identifiers to facilitate access to the BrainMount Apps, help us recognize you across different BrainMount Apps, to enable you to use the BrainMount Apps, to personalize your experience, to increase security, measure the use and effectiveness of our BrainMount Apps and serve advertising. You can block certain App Identifiers by changing the settings of your device.
We also collect information about how and when you use the BrainMount App. This includes the amount of times you used the BrainMount App, which parts of it you viewed and other technical data such as country settings and timestamps.
Google Analytics / Firebase
For further information on how Google Analytics / Firebase tool use data, please visit www.google.com/policies/privacy/partners/.
BrainMount uses the predicted.io (https://predicted.io) in order to carry out analysis on Information which is gathered by BrainMount Apps. App Identifiers and other Information which BrainMount gather are provided to predicted.io in order to enable them to carry out data analysis.
Additional conditions for translation apps
When you translate using BrainMount Apps, it is done using our servers, Google Translation API, and the Microsoft Translator Text API, so your text may be transferred to Google, Microsoft and our servers.
In order to improve our services and protect our servers from unauthorized use, we may collect metadata about requested translations, such as text length, text language, translation request time, total number of characters processed, application usage time, IP address etc.
Cookies and our Websites
tracking the duration of visits and content accessed; and
storing frequently used user information to personalize your online experience and ease the log-in process.
7. HOW WE PROTECT YOUR INFORMATION
The security and confidentiality of your Information are very important to us, so we take security measures (including physical, electronic and procedural measures) to help safeguard your information from unauthorized access and disclosure. Please know that, despite our efforts, no security measures are perfect or impenetrable.
8. INFORMATION RELATING TO CHILDREN
The BrainMount Apps are not directed to children under the age of 13. If we become aware that Information has been collected from a person under the age of 13, we will delete this Information and terminate the person's account as quickly as possible. If you believe that we may have Information from or about a child under the age of 13, please contact us at [email protected] and we will promptly delete that Information.
9. SOCIAL LOGINS
10. WHERE WE STORE YOUR INFORMATION
11. HOW LONG WE STORE YOUR INFORMATION
12. DATA DELETION
Uninstallation and removal methods vary depending on your device. To uninstall and remove the BrainMount Apps, please use the application manager provided with your device or consult your device manual or online instructions provided by the device provider for reference.
13. ACCESS TO AND CHOICES REGARDING YOUR INFORMATION
You may have the right to access Information held about you or require it to be modified (if inaccurate) or deleted. Your right of access can be exercised by contacting us using the details set out below. Any access request may be subject to a fee to meet our costs in providing you with details of the Information we hold about you.
14. HOW TO CONTACT US
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