Vertragsbedingungen

Effective Date: October 10, 2023

Please see our Privacy Policy for information about what data we collect and store.

You agree to be bound by these Terms of Service (these "Terms") of the application "Subjects", owned and operated by Eyen S.a.r.l., ("Eyen", "we" or "us"), which can be downloaded from the App Store (referred to herein as the "App"). Your use of the App is subject to your acceptance and compliance with these Terms. "Use" or "using" means to access, install, download, copy, or otherwise benefit from using the functionality of the App in accordance with the documentation. If you do not agree to these Terms, do not use the App. Each time you access or use the App, the current version of these Terms will apply.

Your use of the App is also subject to our Privacy Policy, available on our website and incorporated into these Terms by reference; in addition, you agree to abide by our rules, policies, and procedures we may publish in the App and these Terms from time to time. We reserve the right to change these Terms at any time and without notice. Additionally, we continually test various aspects of our Service, including but not limited to our Site, Software, user interfaces, service levels, plans, promotional features, and pricing. We reserve the right to, and by using our Service, you agree that we may include you in or exclude You from these tests without notice. If you have questions regarding these Terms, please contact us.

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE APP OR OUR WEBSITE AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE APP. BY ACCESSING OR USING THE APP, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, THAT YOU ARE USING THE APP ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

Subscription and Payment

You may download the App from the App Store free of charge. However, to use the full functionality of the App, you have to buy a subscription to the App (the "Subscription"). If you purchase the Subscription, you agree to pay the subscription price listed on the purchase page for the subscription period indicated thereon. Your Subscription will renew at the end of the subscription period at the then-current rate unless you cancel the Subscription before the end of the applicable subscription period. The sale is final, and we will not provide a refund.

In case of termination of the Subscription to the App before the expiration of the Subscription period for some reasons provided by the legislation or these Terms, neither the Subscription price nor its part shall not be refunded.

Please note that the purchase of your Subscription or permanent license is made through the App Store. Your purchase will be subject to Apple's applicable payment policy, which also may not provide refunds.

Trial Period

"Trial Period" means a period to review, try, demonstrate and evaluate the App, and has no functionality limitations compared to the version you get under the Subscription.

We may offer you a free Trial version for the use of the App. The App is a paid application that requires the purchase of the Subscription to unlock the App.

Accounts

To enable multi-device data synchronization, you need to create an account. The App uses a secure and privacy-protected way provided by "Sign In with Apple". Your genuine Apple ID is hidden from us for privacy and security considerations.

We keep the right to delete your account if there was no activity for six months after mailing you notification 30 days prior to the deletion.

WARRANTY DISCLAIMER

NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

Intellectual Property

The App is protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the same violates these Terms and may violate applicable law. Except as expressly provided herein, we do not grant you any express or implied right to use the App. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer any of the Apps. In addition, you agree not to take any action that may infringe on our Intellectual Property Rights.