Terms and Conditions of Service

Introduction & Scope.

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the website www.eversunapps.com (the “Site”), including its sub-domains and its mobile optimized versions, along with any mobile application further developed for our customers (the “App(s)”). Hereinafter, the Site and the App shall all be collectively referred to as “Eversun Ltd”).

These Terms shall supplement our Privacy Policy (the “Policy”) incorporated herein by reference. The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Eversun Ltd and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Eversun Ltd, whether registered under an account or not.

User Acceptance.

If you continue to browse and use Eversun Ltd, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Eversun Ltd’s relationship with you in relation to the Site and the App, along with any products and services offered thereby.

Eversun Ltd manages, operates and provides a company that programs, implements, codes, tests, certifies and releases third party mobile application software for our customers, that is, the Apps (collectively, the “Service(s)”).

You acknowledge and agree that these Terms are concluded between you and Eversun Ltd only, and not with Google Inc. or Apple Inc. (hereinafter, “Apple” and “Google”). Henceforth, only upon the case where Eversun Ltd hosts the App, uploads, certifies, manages and/or updates it before Apple and Google, Eversun Ltd shall be the entity solely responsible for the Site, the App and the content thereof before the general end user.

Please be informed that these Terms shall be, in turn, supplemented, amended or completely replaced by the appertaining terms of use and privacy policies for the Apps provided by our customers. Upon the case of any discrepancy among these Terms and the ones from our customers, our Terms will govern.

These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications in, or otherwise be in conflict with, Google Inc.’s or Apple Inc.’s terms of service.

Updates.

Eversun Ltd reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services (as defined below), the Site and the App, at any time and without notice. Any changes to these Terms will be displayed in the Site, and we may notify you through the Site, the App or by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Account Registration, Verification and Safety.

In order to use our Services, you must create an account, including all mandatory fields on the registration form. You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody. If you lose or disclose it, you must promptly inform us.

You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account.

User Support.

If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly asses your concerns.

Billing and Subscription Terms.

We rely on authorized third-party payment processors such as Apple Pay or Google Pay in order to bill you through a payment account linked to you, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account. Accordingly, the terms for subscription, billing, cloud storage plans, app store charges and related charges, shall be the ones provided by Apple and Google.

Accordingly, Eversun Ltd shall not be held responsible for any and all errors, fees and currency conversion fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.

You must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

If you have a problem with your payment, please contact us as soon as possible. Due to the nature of our Services, we are not able to offer refunds, unless expressly stated in the applicable order form or statement of work for each individual customer. If there is a technical issue on our side, such as testing errors, App errors, software incompatibilities, bugs or other type, each customer shall abide by the appertaining service level agreement that we sign with him separately.

Content moderation

Eversun Ltd encourages users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.

Eversun Ltd has the right, but not the obligation, to monitor any Chat activity and ‘user generated content’ (e.g. names, photos, posts, feedback, images, comments, questions and other content) to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms of Use, Privacy Policy or that is otherwise objectionable.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Eversun Ltd our Services.

We reserve the right (but not the obligation) to monitor disputes between you and other of our users. We also reserve the right (but not the obligation) to delete items, products, services and user generated content that would be interpreted or considered offensive or spam.

Prohibited Activities

As our user, you agree to not undertake, motivate, or facilitate the use or access of Eversun Ltd in order to:
Infringe these Terms, or allow, encourage or facilitate others to do so.
Plagiarize and/or infringe on the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
Republish, sell, rent or sub-license content or materials from the Site without our authorization.
Reproduce, duplicate or copy material from the Site without our authorization.
Distribute, post or otherwise make available any content that: (i) infringes on or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes on any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
Use any automated or manual process to obtain, copy, process, access and/or use our Site or Services or any part therefrom to capture unauthorized data or content, for any purpose.
Enable, undertake, program or execute any type of system, computer program or technique in order to data-mine, retrieve, scrape, index or otherwise extract unauthorized information from Eversun Ltd or any portion or data feeds therefrom. For purposes of clarification, such actions will include the use of persons, site search/retrieval applications, software ‘robots’ and ‘spiders’ and any analogous data gathering and extraction tools, regardless of the type and amount of information intended for extraction.
Use the our Services to disseminate any type of computer viruses, worms, defects, trojan horses or other items of a destructive nature.
Undertake any action that will or may cause an unreasonable load on Eversun Ltd’s and/or its partners’ and affiliates’ technology or infrastructure, or otherwise make excessive traffic demands from Eversun Ltd.
Intercept or monitor activity via our Site or Services, without our express authorization.
Otherwise reverse engineer, decompile or extract the proprietary code of the Site and our Services.


You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to Eversun Ltd and our Services, without refund or reimbursement on our behalf. Eversun Ltd may terminate or suspend your subscription and/or membership for our Service, at any time, for any reason, without prior notice, and at our sole and final discretion.

Parental Notice.

Eversun Ltd encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. Eversun Ltd may provide its Services to persons under the age of eighteen (18), provided, however, that the parent, legal guardian or responsible adult of the end user agrees to: (i) these Terms; (ii) claim any and all liability and responsibility for the actions of the minor; and (iii) provides any and all identifications and participates into all verification processes that we may implement from time to time.

We reserve the right to request any and all applicable proof of identification and consent earthier from our users of from their legal parents or guardians, at any moment, without prior notice, and at our sole and final discretion.

Eversun Ltd hereby disclaims any and all responsibility resulting from any misrepresentations concerning a user’s age.

Eversun Ltd is wholly committed to raising awareness on the issue of human trafficking and engages in best practices and advocacy. In the event we become aware of any purported incident of trafficking, we will promptly cooperate with law enforcement and agencies involved in combating the abuse of human rights.

Please report any suspected sexual exploitation of minors and/or human trafficking to the appropriate authorities.

App Store Terms.

You hereby acknowledge and agree that these Terms are executed between Eversun Ltd and you, and not between Google or Apple. Henceforth, the license granted to you for the App is also limited to a non-transferable license to use the App an authorized third party device activated product that you own or control, and as permitted by the terms of use set forth in the applicable app store.

These Terms may not provide for usage rules for the App that are less restrictive than the usage rules set forth for licensed applications that otherwise are in conflict with, Google’s or Apple’s app stores terms of service.

Eversun Ltd, and not any such third party app store provider, shall be solely responsible for the App and any and all content thereof. Eversun Ltd is solely responsible for the App, the Services and the content thereof.

To the extent these Terms provides for terms of use or licenses for the App that are less restrictive than the terms of use set forth in the applicable app store, or that otherwise are in conflict with their respective of use, the more restrictive term shall govern.

Eversun Ltd is solely responsible for providing any maintenance and support services with respect to the App, and neither Apple nor Google have any obligation to furnish any maintenance and support services thereof.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple or Google, and they may refund you the purchase price for the App only (if any); and, to the maximum extent permitted by applicable law, neither Apple nor Google will have other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will Eversun Ltd’s responsibility.

You hereby acknowledge and agree that Apple and Google (and their affiliates), are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third party beneficiaries thereof.

User Licenses.

Limited License. Eversun Ltd grants you a limited, non-exclusive, revocable and non-transferable license to utilize and access the Services. This license is inclusive of the license for the App, and, in turn, shall be supplemented, amended or completely replaced by the appertaining license agreement for the Apps executed with our customers. For the case where we host the backend of the App, where we manage the certification process for the App before Apple or Google, or where we are the one who uploads and updates the app into the applicable app store, this license shall include specific sub-licensing terms, with Apple and Google as beneficiaries.

Upon the case of any discrepancy among this User License and the license terms ones from our customers, our User License terms will govern. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Services, in whole or in part. Eversun Ltd does not grant any other express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.

User Generated Content License. You hereby grant Eversun Ltd an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute any such content you may upload via our Services, including but not limited to, the right to disseminate, deliver, create or transfer, any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered to Eversun Ltd via the Site or the Services. You represent and warrant to Eversun Ltd that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Eversun Ltd as set forth herein.

Feedback. You hereby grant to Eversun Ltd, an unlimited, non-exclusive, assignable, transferable, sub-licensable, irrevocable, royalty free, perpetual and for all the countries and territories in the world, right and license to use, exploit any feedback, suggestion, enhancement, request, recommendation, correction or comment provided by you to us regarding the Site and/or the Services.

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and the Services are the property of –or otherwise are licensed to– Eversun Ltd or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in various jurisdictions throughout the world.

Proprietary Rights.

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on the Site and the Services are the property of or otherwise are licensed to Eversun Ltd and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.

Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Site or our Services, in whole or in part.

You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in the Site and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.

Third-party Websites and Content.

From time to time, our Site, the Apps and Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third-party websites (or their products and services). Please review the applicable terms and policies of such websites, including their privacy and data collection practices.

We may place ads and promotions from third-party sources in the Site. Accordingly, your participation or undertakings in promotions of third-parties other than Eversun Ltd, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. Eversun Ltd is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

No Spam Policy.

We reserve the right to screen our content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. We will not tolerate, and we will not allow others to undertake though our Services, Apps or Site, any and all massive delivery of unsolicited bulk communications to our users or to any third party. Any commercial electronic communication (“CEM”) that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our CEMs will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.

Service Level Agreement.

For technical inquiries, please contact our tech support team. Notwithstanding the foregoing, some of the Services and functionalities of the Site, the App and Services are offered by third party platforms (e.g. Amazon Web Services). Accordingly, any and all functionalities of the Site are subject to their terms and conditions and Service Level Agreements, available online for your reference.

User Privacy.

By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.

No Warranty.

To the fullest extent permissible under applicable law, the Site, the App and the Services are provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. Eversun Ltd, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Disclaimer of Warranty.

To the fullest extent permissible under applicable law, the Site, the App and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. Eversun Ltd, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.

In no event shall Eversun Ltd, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site, the App or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Eversun Ltd, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.

Limitation of Liability.

If a user suffers loss or damage as a result of Eversun Ltd’s negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the fees paid by such user in the previous three (3) calendar months.

These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

As our user, you hereby acknowledge and agree that Google and Apple, and their affiliates and subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions hereof, they will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

Indemnification.

You shall indemnify, hold harmless, and defend Eversun Ltd, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Eversun Ltd’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Eversun Ltd’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Eversun Ltd); and/or (ii) any third party claim arising out of or in relation to Eversun Ltd or use thereof in combination with your business platform, including without limitation, any claim that Eversun Ltd violates, infringes, or misappropriates any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person, or violates any applicable law.

Generals

Assignment. These terms will inure to the benefit of any successors of the parties.

Force Majeure. Eversun Ltd shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Eversun Ltd’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

No Waiver. Failure by Eversun Ltd to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and Eversun Ltd are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Product claims. You acknowledge and agree that Eversun Ltd, and, not Google Inc. or Apple Inc., is responsible for addressing any claims of you or any third party relating to the App in your use or possession, including, but not limited to: (i) product liability claims; (ii) any maintenance and support services; (iii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.

Applicable Law. Your use of this Eversun Ltd and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the United Kingdom, without regard to conflict of law principles.

Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City of London, United Kingdom. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Contact

If you have any questions or queries about us, the Site, the App, our Services or these Terms, please contact us as indicated in our contact page: www.eversunapps.com.

Date of last effective update is 26/03/2019.



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