If This Is A Contract, Who Are The Parties?
You are one party to this contract. The other party to this contract is business corporation “Midlife Applications, s.r.o.”, with its registered seat on address: Na Jarově 2425/4, Prague 3 Žižkov, Czech Republic, EUROPE, Czech Business ID 037 96 213 (Midlife Applications, s.r.o. may be referred to in these Terms of Products as “Midlife Applications,” “we” and/or “us”).
Can These Terms Change Sometimes?
Changes in these Terms are almost certain to happen, due to changes in our Products and the laws that apply to us and you. If we make a change, we’ll announce changes at our site on web address www.midlifeapps.com.
If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Products. Your continued use of the Products after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms.
What Do I Have To Do To Use the Midlife Applications Products?
You simply download our Products from a respective web store, install it and start using it on your device.
Can I Share My Application With Someone Else?
Midlife Applications Products should not be shared. If you share your Products with anyone, that other person will be able to take control of content of your Application. We will not have any liability to you (or anyone you share your Application with) as a result of your or their action/s under these circumstances. We strongly urge you not to share your Application with anyone.
Once I Have An Application installed, What Are My Rights In The Midlife Applications Products?
Once your Application is installed on your mobile device and you accept these Terms, we grant you a limited, non-exclusive license to use the Products subject to these Terms, for so long as you are not barred from receiving the Products under the laws applicable to you, until you stop using it voluntarily or until we stop supporting a particular Products pursuant to these Terms.
Are There Rules About What I Can Do With The Midlife Applications Products?
Yes. Your use of the Products must be in accordance with these Terms and every and all Laws in force relating to you or governing your behavior. When it comes to your use of the Products, you agree that you are solely responsible for your own conduct and all conducts related to your Application. This means all Content – such as text, images, sounds and anything else you can think of, no matter what the form or technical structure (collectively “Content”) – created, transmitted, stored or displayed in your Application, is your sole responsibility as the person who created the Content or introduced it into the Products. This applies whether the Content is kept private, shared or transmitted using the Products or any third party application or Products.
Will Midlife Applications Look At My Content?
No, Midlife Applications does not have any access to the Content stored on your Application on your mobile device or on your iCloud/Google Disc remote data storages.
Will Anyone Else See My Content?
Unless you elect to enable others to view or have access to the Content you submit to the Products, no one else should see your Content. Certainly, if you select not to have access to your Application protected by a Personal Identification Number (PIN), anyone who takes possession of your mobile device will be able to view or have access to the Content. The same applies to situation when someone acquires knowledge of you PIN combination and takes possession of your mobile device or illegally hacks your device or breaks or deciphers your PIN code combination.
Does Midlife Applications Have Some Rights Relating To The Products?
We do. They’re described here:
i) Content Rights.
While you own the Content you inserted to the Midlife Applications Products (subject to third party rights), you acknowledge and agree that Midlife Applications (and our licensors) own(s) all legal right, title and interest in and to the Products.
ii) Intellectual Property Rights.
In agreeing to these Terms, you also agree that the rights in the Products of Midlife Applications, including all intellectual property rights, such as trademarks, patents, industrial designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any Midlife Applications Product, unless you are expressly permitted to do so under an open source license, we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition.
iii) Right to Modify the Products.
We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Products and any Midlife Applications Application, including changes that may affect the previous mode of operation of the Products or Midlife Applications. We expect that any such modifications will enhance the overall Products, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you and impose other limitations at any time, with or without notice.
You also acknowledge that a variety of Midlife Applications actions may impair or prevent you from accessing your Content or using the Products at certain times and/or in the same way, for limited periods or permanently, and agree that Midlife Applications has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Products.
iv) Right to Engage Third Parties.
Midlife Applications may from time to time engage certain affiliates or other third parties to provide technical or other Products relating to all or part of the Products, or perform certain functions associated with the operation of the Midlife Applications Products, and you hereby agree that such third party involvement is acceptable. In addition, Midlife Applications may contract with third party resellers and payment processors to enable payments in your local currency and payment systems.
v) Right to Use Third-Party Software.
Midlife Applications may from time to time include as part of the Products computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties.
vi) Right to Update Our Application.
In connection with any modification of the Products, Midlife Applications may automatically download Application updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Products. Midlife Applications will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), Midlife Applications may require you to install the update to continue using the Products. In all cases, you agree to permit Midlife Applications to deliver these updates to you (and you to receive them) as part of your use of the Products.
Can Kids Use Midlife Applications?
Where Does My Data Go?
Though the Midlife Applications Products are via applications web stores available worldwide, your data and Content stored on the Application is stored on your mobile device or on your iCloud or Google Drive (depending on device you use and its settings) solely and is not backed up or stored by Midlife Applications in any way whatsoever. Loss of your mobile device will result in loss of all your data and Content stored in its memory. Once you acquire a new mobile device your old data and Content will remain on your old device and it is your sole responsibility to erase them. Data previously stored on your iCloud or Google Drive remote data storages can be downloaded to your new device by you.
How Is use of My Product terminated?
You may terminate use of our Products at any time, for any reason (or no reason at all) simply by deleting the Application from your device, but you will get neither reimbursement of purchase price nor any other money back payment whatsoever. In such a case please be informed, that all and every of your data and stored Content shall be deleted with the Application, unless copies of pictures taken by the Application are stored in photo gallery of your device and voice recordings made by it in the sound recordings storage of your device (applies to some makes of mobile devices only). Please check either picture or photo as well as sound recordings storages of your mobile device carefully before deleting the Application. We shall not be held responsible for loss or disclosure of data or any other Content in relation to you or some other person deleting the Application or the Content neither from your mobile device nor from your remote data storage.
What Happens To My Account When I Die?
Midlife Applications cannot guarantee that privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your Application after you are no longer able to provide them access, you need to implement a process for providing your Application access data (i.e. the PIN code) to them. We cannot and will not provide your PIN, to anyone, even next of kin, as we simply do not know it and have no possession of your access code. You can include your Application access code (PIN), with instructions on how to access the Product, in your will or other estate plans, so that anyone you wish to have access to your Application’s Content will have the means to do so.
If I Have A Great Idea To Share With Midlife Applications, What Are My Rights?
If you submit any ideas, suggestions, documents and/or proposals relating to the Products (or other Products or Products) to Midlife Applications through any channel or mechanism (collectively, “Contributions”), you acknowledge and agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) Midlife Applications is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Midlife Applications shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Midlife Applications may have something similar to the Contributions already under consideration or in development; (v) your Contributions automatically become the property of Midlife Applications without any obligation of Midlife Applications to you; and (vi) you are not entitled to any accounting, compensation or reimbursement of any kind from Midlife Applications under any circumstances.
Does Midlife Applications Serve Ads?
Our business model is to make the Products so valuable that our users will want to buy a Paid unlimited versions of the Products. Therefore we are not displaying any advertisements whatsoever.
However, we may display advertisements and promotions on or in connection with the Products, some of which may be paid for by third parties. We also provide announcements within the Midlife Applications Product scale or portfolio. These messages may promote other Midlife Applications Products, events, demonstrate various uses of our Products and promote certain third party applications and Products that may work with Midlife Applications.
The above mentioned advertising or other messaging content we provide will be based upon information provided by third parties, we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Products, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
What Else Do I Need To Know?
Third-Party Links, Content and Programming.
We may include or recommend third party resources, materials and products and services and/or links to third party websites, content and applications as part of, or in connection with, the Products. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we 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, materials or applications.
You agree to indemnify and hold Midlife Applications, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Products, any violation of these Terms of Products or any other actions connected with your use of the Products (including all actions taken on you Application).
In the event of such claim, we will endeavor to provide notice of the claim, suit or action to your email, on condition we have one provided to us by you. Any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
Limitation of Liability.
To the maximum extent permitted by law, the Products Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE PRODUCT AND THE PURCHASE AND USE OF ANY PRODUCTS ARE ALL AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED AND PRODUCTS ARE SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MIDLIFE APPLICATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) MIDLIFE APPLICATIONS DOES NOT WARRANT THAT (i) THE PRODUCT WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE APPLICATION OR PRODUCT WILL BE CORRECTED.
(c) ANY APPLICATION DOWNLOAD, PRODUCTS PURCHASE OR OTHER ACQUISITION IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH AN APPLICATION(S) AND/OR PRODUCT(S).
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MIDLIFE APPLICATIONS OR THROUGH OR FROM THE PRODUCT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF PRODUCT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MIDLIFE APPLICATIONS, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF MIDLIFE APPLICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PRODUCT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PRODUCTS RESULTING FROM ANY GOODS, PRODUCTS, DATA, INFORMATION OR PRODUCT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PRODUCT; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE PRODUCT, OR PROVIDING ANY PRODUCTS RELATED TO THE OPERATION OF THE PRODUCT; (v) MIDLIFE APPLICATIONS’S ACTIONS OR OMISSIONS IN RELIANCE UPON INFORMATION DELIVERED BY YOU AND ANY CHANGES THERETO OR NOTICES RECEIVED FROM YOU; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY ACCES PERSONAL IDENTIFICATION NUMBERS OR ACCESS RIGHTS TO YOUR APPLICATION INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE PRODUCT OR OFFERING MIDLIFE APPLICATIONS’S PRODUCTS IN ANY MARKET OR MARKETS; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICES; (ix) THE TERMINATION OF USE OF YOUR APPLICATION IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF PRODUCT; OR (x) ANY OTHER MATTER RELATING TO THE PRODUCT.
Exclusions and Limitations.
NOTHING IN THESE TERMS OF PRODUCT (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITIES AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
If Midlife Applications Has To Send Me Notice Of Something, How Will That Happen?
Midlife Applications will not send you any messages as we have not possession of any of your contact data available at our hand, unless specified otherwise hereinabove. We may provide you with notices by email, regular mail (to the email address or post address send to us by you voluntarily) or postings on the web site(s) related to the concerned Products. We may also disclose some information in relation to a Product on our Twitter and/or Facebook (or other social media) profiles.
How Can I Send An Legal or Official Notice to Midlife Applications?
Any legal or official notice to Midlife Applications must be send as registered mail and delivered through official post services provider. Our post address may be updated as part of any update to these Terms of Products. You must deliver us your notice via registered mail as described hereinabove only. In such a case send a letter to us at the following address:
Midlife Applications, s.r.o.
Attention: Legal or Official Notice
Na Jarově 2425/4
130 00 Praha 3 Žižkov
EUROPE - Czech Republic
Are There Countries Where I’m Not Allowed To Use Midlife Applications Products?
Should you be US citizen or US legal entity or any other subject under US Laws jurisdiction, you may not use or otherwise export the Products except as authorized by United States law and the laws of the jurisdiction where you use the Midlife Applications Products. In particular, but without limitation, the Midlife Applications Products may not be (i) exported or re-exported into any U.S. embargoed countries or (ii) provided to or used by anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Products, you represent and warrant that you are not located in any such country or on any such list, and shall not use the Products, or provide access to or use of the Products to any such a person and anyone, in any such country. In addition, you are responsible for compliance with applicable export control, economic sanctions and related laws when you travel across international borders and use the Products.
What Law Applies To My Use Of Midlife Applications?
These Terms and the relationship between you and Midlife Applications (including any dispute) shall be governed in all respects by the laws of the Czech Republic, without regard to its conflict of law provisions.
All disputes arising from these Terms and/or in connection with it shall be finally decided with the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules by three (3) arbitrators in accordance with the Rules of that Arbitration Court.
By accepting these Terms you and Midlife Applications agree that any and all disputes or claims that have arisen or may arise between us shall be resolved exclusively through final and binding arbitration. Our arbitration proceedings would be conducted by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic according to its Rules and procedures applicable at that time, as modified by our Arbitration Agreement. You may review those rules and procedures, and obtain a form for initiating arbitration proceedings at the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic website. The arbitration will be held in Prague and will be conducted in Czech language.
The arbitrators will decide the substance of all claims in accordance with the laws of the Czech Republic. The award of arbitrators shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court possessing jurisdiction over the parties.
The Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic’s rules will govern the payment of all filing, administration and arbitrators fees. If the arbitrators determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Midlife Applications for all fees associated with the arbitration paid by Midlife Applications on your behalf, which you otherwise would be obligated to pay under the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic 's rules.
YOU AND MIDLIFE APPLICATIONS AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER MIDLIFE APPLICATIONS USERS.
Except with respect to the Prohibition of Class and Representative Actions, if a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. If a court decides that the Prohibition of Class and Representative Actions is invalid or unenforceable, then this entire Arbitration Agreement shall be null and void. The remainder of these Terms and this Section will continue to apply.
Claims Are Time-Barred.
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Products or otherwise under these must be filed within one (1) month after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.
The provisions of this section, entitled “Claims Are Time-Barred” shall be deemed to constitute a separate written legally binding agreement by and between you and us.
What If I Think I Have A Claim Against Midlife Applications?
Let us Know About Your Complaint.
We want to know if you have a legal claim against us. In such a case contact us in form of a official letter sent by registered mail and delivered through official post services provider as described hereinabove. Official and/or legal letters delivered via other means of communication except for registered post will not be taken into consideration.
Initiating a Formal Claim.
If you conclude that you must pursue legal action, you agree that your claim must be resolved by the processes set forth hereinabove in these Terms. Midlife Applications provides the Products to you on the condition that you accept the dispute resolution provisions described above, so if you initiate any claim against Midlife Applications in any other manner, you shall be in violation of these Terms and you agree that Midlife Applications shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse Midlife Applications for its reasonable costs incurred in defending against such improperly initiated claim. You agree that prior to initiating any formal proceedings against Midlife Applications, you will send us a official or legal letter to the address as stated hereinabove, stating that you are providing a “Notice of Dispute.”
Our dispute will be resolved pursuant to the Arbitration Clause and the Arbitration Agreement as provided hereinabove.
These Terms constitute the entire agreement between you and Midlife Applications and govern your use of the Products. These Terms supersede any prior agreements or earlier versions of these Terms between you and Midlife Applications for the use of the Products as of the Effective Date indicated at the top of these Terms. If, through accessing or using the Products, you utilize or obtain any Products from a third party, you may additionally be subject to such third party’s terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such a third party. You acknowledge and agree that each affiliate of Midlife Applications shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms. Section headings in these Terms of Products are for convenience only and have no legal or contractual effect.
Prague, Czech Republic, Nov.1, 2016
Midlife Applications, s.r.o.