Terms of Use

SECTION 1. DEFINITIONS. TERMS & CONDITIONS ACCEPTANCE

 

1.1. Herein the following definitions are used:

 

• “Application” means Brightway application;

 

• “Application Owner” means Vladyslav Bieliavskyi, individual, registered and acting under the legislation of Ukraine, registration number 3265720312;

 

• “User” means a person, who uses the Application (also referred to as “you”);

 

• “Services” means services provided via the Application;

 

1.2. These Terms of Use (hereinafter referred to as the “Terms” or “Terms of Use”), including any and all accompanying documents, constitute a legally binding agreement between each User and the Application owner.

 

1.3. You must carefully read and comply with these Terms.

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1.4. By using the Application, you are confirming that you have fully read, understood and irrevocably accepted these Terms. If you do not agree with these Terms in general or any part of them, you are not permitted to use the Application and any associated Services.

 

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SECTION 2. GENERAL PROVISIONS

 

2.1. These Terms and any accompanying documents are effective and binding on you whenever you use the Application.

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2.2. You acknowledge and accept that these Terms and any accompanying documents and/or the Application are subject to change, modifications, amendments, alterations or supplements at any time without prior written notice, at our own sole discretion. Your continued use of the Application after any amendments or alterations of these Terms, any accompanying documents and/or the Application shall constitute your consent and acceptance of any such changes, modifications, amendments, alternations or supplements. The date of the most recent amendments and alterations will be indicated at the top of these Terms.

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2.3. You acknowledge and accept that the Application Owner reserves the right at any time, in its sole and complete discretion, to modify or to temporarily or permanently suspend or eliminate the Application, and/or disable any access to the Application for any reason.

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2.4. By using the Application, you covenant, represent, and warrant that (under the Applicable Law and law of your country of residence) you are of an age of majority in the jurisdiction where you are a resident (at least 18 years of age), and are fully able and legally competent to use the Application, and in doing so will not violate any other agreement to which you are a party.

 

2.5. By using the Application, you also covenant, represent, and warrant that (under the Applicable Law and law of your country of residence):

 

• You will not use the Application for any illegal activity and you are not engaged in any illegal activity;

 

• You solely control your credentials (email address, password or other information provided for the purpose of the Application use) and do not act on behalf of any third party.

 

2.6. The Application may contain services of the Application Owner’s partners, vendors, etc. and/or links to third-party Applications, applications or services. Such services and/or links are provided for your convenience, but the Application Owner shall not be considered to make any recommendation or endorsement of any third party Application or its content, unless expressly stated by the Application Owner. The Application Owner does not guarantee or otherwise suggest or imply the safety of any third party services or the conformity of any such third party services with your expectations. Furthermore, the Application Owner is not responsible for maintaining any materials referenced from another site, and makes no warranties, recommendation or endorsement for that site or respective service. The Application Owner assumes no obligations in the event of any damage or loss, or any other impact, directly or indirectly resulting from the use of any content, goods or services available on or through any such third-party services and resources. Please also note that these services may have their own policies. We do not accept any responsibility or liability for these policies. Please check policies of such services before using these services.

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SECTION 3. GENERAL USER’S CONSENTS

 

3.1. You hereby expressly consent that you are solely responsible for the use of any credentials or other data associated with your use of the Application, and for any actions done during any use of the Application. You agree to keep such your credentials and data private. You are solely responsible for any loss or damage you or the Application Owner may suffer as a result of your failure to do so.

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3.2. We may terminate your use of the Application if you violate these Terms or any other relevant policies, at our sole discretion and without prior notice and without any liability or further obligation of any kind whatsoever to you or any other party, when we find such measures reasonable and/or necessary in a particular situation, without any refunds.

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3.3. By using the Application, you also consent to receive electronic communications from the Application Owner (e.g., via email). These communications may include notices about your use of Application and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the respective unsubscribe instructions.

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SECTION 4. APPLICATION SUBSCRIPTION PLANS & PAYMENTS

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4.1. Users may access the Application in the following ways:

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• Free Version: gives limited access to the Application for an unlimited time.

 

• Free Trial: a free-of-charge program, which gives unlimited access to the Application for a limited time.

 

• Paid Subscription “PREMIUM”: a subscription fee-based program, which gives access to all content and features of the Application. You will only have access to the subscription program while your subscription is active and subsisting. You can become a subscriber to the subscription program by purchasing a subscription to the Application within the applications, allowed by the marketplace partners.

 

4.2. We offer monthly and annual subscription options. For the purposes of our monthly and annual subscriptions, a month constitutes 30 calendar days, and a year constitutes 365 calendar days. 

 

4.3. Our monthly subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that we are authorized to charge the same credit card or other payment methods (the “Payment Method”) as was used for the initial subscription fee in the amount of the then-current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided automatically until canceled. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

 

4.4. Our yearly subscription is paid in yearly installments. For each year that your yearly subscription is active, you acknowledge and agree that we are authorized to charge the same credit card or other Payment Methods as was used for the initial subscription fee in the amount of the then-current yearly subscription fee. The yearly renewal subscription fees will continue to be billed to the Payment Method you provided automatically until canceled. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.

 

4.5. We are entitled to use third-party payment service processors for processing the subscription plan payments (the “Payment processor”). Responsibility over your transaction will first be transferred to the respective Payment processor before it is delivered to you. The Payment processor assumes primary responsibility for payment and payment-related customer support. The terms between the Payment processor and Users who utilize the services offered by the Payment processor are governed by separate agreements and are not subject to these Terms.

 

4.6. For transactions made through a Payment processor (i) the privacy policy of the respective Payment processor shall apply to all payments and should be reviewed before making any transaction, and (ii) the Payment processor refund policy shall apply to all payments, unless notice is expressly provided by the relevant Payment processor to Users in advance.

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4.7. You are responsible for payment of any fees, taxes or other costs, associated with the conduction of transactions with Payment processors or the duties and taxes imposed by your local authorities.

 

4.8. To the extent permitted by law, Application Owner shall not be liable against the Users for any problems related to payments, in particular for any delays in processing payments or inability to process them for technical reasons. In such case the User shall contact the applicable Payment processor in accordance with applicable terms and conditions of such Payment processor.

 

4.9. There are no refunds when we terminate your use of and registration with the Application or any other types of refunds. Please note that all sales are final, and we do not offer refunds for our Premium subscription. If you purchase a subscription through the Apple iTunes Store or our iPhone application, your purchase will be subject to Apple's applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, your purchase will be subject to Google's applicable payment policy, which also may not provide for refunds. 

 

4.10. You will continue to receive the services ordered until the end of the current subscription period.

 

4.11. We do our best to provide a reliable and evolving service, offering you more features with time. For this reason, we reserve the right to change our pricing terms for the subscription plans at any time. We will notify you in advance of any such pricing changes by posting the new prices on or through the Application. Changes to the pricing terms will not apply retroactively. Changes will only apply for the subscription renewals and after such changed pricing terms have been posted on or through the Application.

 

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SECTION 5. USER-GENERATED CONTENT. APPLICATION UPDATES

 

5.1. The Application permits the creation of information, including but not limited to text, images, videos, location and other data submitted by Users (“User Content”). 

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5.2. You shall be solely responsible for your own User Content and the consequences of posting or publishing the content. 

 

5.3. You retain your intellectual property ownership rights over the content you submit to us for publication within the Application. We will never claim ownership of your content, but we do require a license from you in order to use it. When you use the Application or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

 

5.4. The license you grant us can be terminated at any time by deleting your content. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

 

5.5. You give us permission to use your username and other identifying information associated with your use of the Application in a manner that is consistent with your privacy preferences, and our Privacy Policy.

 

5.6. By submitting the User Content, you consent to us for sharing non-personally identifying information, as covered in the Privacy Policy, with third-parties to assist in understanding usage patterns and for the Application functionality. 

 

5.7. In connection with User Content, you further agree that you will not: (i) submit material that is copyrighted or subject to third party rights, including privacy rights; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive; (iv) impersonate another person; (v) send or store material containing software viruses or other malware; (vi) interfere with or disrupt the integrity or performance of the Application or the data contained therein; or (vii) attempt to gain unauthorized access to the Application or its related systems or networks. 

 

5.8. We reserve the right to discontinue any aspect of the Service at any time, for example, due to a security breach or your breach of these Terms. 

 

5.9. You give us permission to download and install updates to the Application on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting the Application from your device.

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SECTION 6. INDEMNIFICATION

 

6.1. To the extent permitted by Applicable Law, you shall indemnify, defend, and hold the Application Owner and/or its subsidiaries, affiliates, directors, officers, employees, agents, successors, and permitted assignees harmless from and against any and all claims, damages, losses, suits, actions, demands, proceedings, expenses, and/or liabilities (including but not limited to reasonable attorneys’ fees incurred and/or those necessary to successfully establish the right to indemnification) filed/incurred by any third party against the Application Owner arising out of a breach of any warranty, representation, or obligation hereunder.

 

6.2. You shall not have any claim of any nature whatsoever against the Application Owner for any failure by the Application Owner to carry out any of its obligations under these Terms as a result of causes beyond its control, including but not limited to any strike, lockout, shortage of labor or materials, delays in transport, hacker attacks on the Application or any resources which have any relation to it, any economic instability, any malfunction, breakdown or abandonment of technologies, accidents of any kind, any default or delay by any sub-contractor or supplier of ours, riot, any political or civil disturbances, the elements, by an act of state or government including regulatory action imposed, any delay in securing any permit, consent or approval required by the Application Owner, for the supply of products under these Terms or any other authority or any other cause whatsoever beyond Our absolute and direct control.

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SECTION 7. LIMITATION OF LIABILITY

 

7.1. You hereby expressly agree that, to the maximum extent permitted by the Applicable Law, neither the Application Owner nor its affiliates shall be liable to you, regardless of the basis or theory upon which the liability is claimed, for any damage or loss, including loss of business, revenue, or profits, or loss of or damage to data, equipment, or software (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from:

 

• the use of, inability to use, or availability or unavailability of the Application or the material, information, software, facilities, services or content on the Application;

 

• any illegal or unauthorized use of the Application;

 

• the product failing to be suitable for the special or particular purpose you intend, or the failure of any services on or related to the Application, including assets or platforms or the information, images or audio contained or related to the Application; and

 

• the Application being infected with any malicious code or viruses.

 

7.2. You understand and agree that it is your obligation to ensure compliance with any legislation relevant to your country of domicile concerning your use of the Application.

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7.3. The Application owner does not warrant or represent that any information on the Application is accurate or reliable or that the Application will be free of errors or viruses, that defects will be corrected, or that the service or the server that makes it available is free of viruses or other harmful components. Your use of the Application and its services, assets or platforms, and any information, images or audio contained or related to the Application is at your own risk.

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7.4. If Applicable Law or the law of your country of residence does not permit all or any part of the above limitation of liability or exclusion of warranties or disclaimer of implied terms in contracts to apply to you, the limitations, exclusions and disclaimers will apply to you only to the extent permitted by Applicable Law.

 

7.5. Despite Application Owner’s good faith efforts to exclude any viruses from the Application and secure the network and technologies interacting with the Application, it is possible that one or more third-parties can or will introduce malicious code or other viruses into the open-source software and code underlying the Application and/or create, undercover or exploit weaknesses in the security of the cloud-based services used by the Application Owner. Such events may impact the continued development, deployment or operation of the Application.

 

7.6. There are risks associated with using the Application, including, but not limited to, the failure of hardware, software and Internet connections. The Application Owner is not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself, nor for any disruption, distortion or delay in its delivery or receipt, however so caused.

 

7.7. Security measures have been implemented to ensure the safety and integrity of any of the services related to the Application. However, despite this, you acknowledge that information that is transmitted over the internet may be susceptible to unlawful access and monitoring.

 

7.8. The Application is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have seen in the Application. If you think you may have an emergency, call your doctor, go to the emergency department, or call emergency immediately. Reliance on any information provided by the Application or our employees is solely at your own risk.

 

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SECTION 8. INTELLECTUAL PROPERTY RIGHTS

 

8.1. Any trademarks, logos, skins, artworks and other objects of intellectual property (either registered or unregistered), represented in the Application, belong to their respective owners and you obtain only the license to use them without the right of reproduction, ownership or distribution to third parties for the limited period of Application use under the relevant subscription plan. The granted license rights might also be terminated in advance by the Application Owner at any time. The mentioned objects may not be copied or imitated in whole or in part, without the permission of the applicable owner. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by the Application Owner. Thus, the Application Owner accepts no responsibility or liability whatsoever with regard to the information (including images, logos, skins, trademarks, slogans, etc.) about its activities or about third parties’ activities published on this Application.

 

8.2. The look and feel of the Application and its content, including, without limitation, all page contents, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of the Application Owner and may not be copied, imitated or used, in whole or in part, without our prior written permission.

 

8.3. Unless the Application Owner has authorized you to distribute the Application, you shall not make or distribute copies of it or transfer the Application from one device to another. You shall not decompile, reverse engineer, disassemble, include in other software, or translate the Application, or use it for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Application or create derivative works based upon the Application and any of its content. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Application or the license for its use provided to you hereunder. Any attempt to do so shall be void and of no effect.

 

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SECTION 9. MISCELLANEOUS

 

9.1. Termination and Suspension. Notwithstanding anything contained herein, the Application Owner reserves the right, without notice and in its sole discretion, to terminate these Terms, suspend your right to access the Application, and delete or suspend your use of the Application and all related information and files in the Application without liability to you, including (but not limited to) in case of your breach of these Terms or if the Application Owner believes you have committed fraud, negligence or other misconduct. You may terminate these Terms without notice by discontinuing use of the Application. All rights granted to you under these Terms will immediately be revoked upon the Application Owner’s termination of these Terms or suspension of your access to the Application. In the event of any Force Majeure Event (as defined in "Miscellaneous" Section), breach of this Agreement, or any other event that would make the provision of services commercially unreasonable, the Application Owner may, in its discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of its services or the Application.

 

9.2. Assignment. The Application Owner may, at its sole discretion, assign any of its rights and/or delegate its duties (including, but not limited any and all intellectual property rights for all the intellectual property rights objects created during or referring to the Application) to any third party at any time. You may not assign your rights or delegate your duties as Application User and any assignment or delegation without the previous written consent of the Application Owner shall be null and void.

 

9.3. Communication and Notices. Any communication concerning these Terms execution and/or violation should be conducted only via your email and/or through the Application Owner’s contact form in the Application. Your official email for communication shall be deemed the email specified by you. The one and only language of the communication shall be English. The Application Owner may provide any notice to you under this Agreement by: (i) posting a notice on the Application; or (ii) sending an email to the email address then associated with you. Notices the Application Owner provides by posting on the Application will be effective upon posting and notices Application Owner provides by email will be effective when such email is sent. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with you when the Application Owner sends such email, whether or not you actually receive or read the email.

 

9.4. Further Assistance. You shall cooperate with and assist the Application Owner in connection with any investigation, examination or enquiry by any government entity. You shall promptly provide the Application Owner with any documents, certification, record or other information it may request in connection with such investigation, examination or enquiry.

 

9.5. Force Majeure Events. Application Owner shall not be liable for any loss or damage arising from any event beyond its reasonable control, including but not limited to flood, extraordinary weather conditions, earthquake, or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications, power failure, or equipment or software malfunction or any other cause beyond its reasonable control (each, a "Force Majeure Event").

 

9.6. Applicable Law. All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the laws of Ukraine. To resolve any dispute, controversy or claim between them arising out of or relating to this Agreement, or the breach thereof, the Parties agree first to negotiate in good faith for a period of not less than sixty (60) days following written notification of such controversy or claim to the other Party. If the negotiations do not resolve the dispute, controversy or claim to the reasonable satisfaction of all Parties during such period, then the Parties irrevocably and unconditionally submit the respective claim to the respective court. The substantive law shall be the Applicable Law (including all other operating rules, policies, and procedures that may be issued by the Application Owner and published from time to time on the Application), without regard to conflict of law rules or principles.