Terms

Welcome to these Terms of Use (the "Agreement"). This Agreement is a contract between you and Make It Count LTD ("we", "our" or "us"). We want you to know your rights and ours before you use our application (the "App" or "Software") and related services (the "Service"). Please take a few moments to read these Terms before using the App, because once you access, view, or use the App, we consider you to consent to the terms described here. If you do not agree with this Agreement, please stop using the App immediately.

Scope of the app license

1. We grant you a personal, revocable, non-transferable, and non-exclusive license to use the App. Unless otherwise expressly agreed in writing, you may install, use, display, or run the App or use the Service on your smart mobile end-device (tablet, smartphone) for non-commercial purposes.

2. You may not use the App in the following ways:

• You shall not create derivative works from the App or commercially exploit the App, in whole or in part.
• You shall use the App for lawful purposes only and shall not use, sell, modify, or distribute the App except as permitted by its functionality.
• You shall not conduct any behaviors that jeopardize computer network security, including unauthorized access, data scraping, delivering malware, or forging TCP/IP packets.
• You promise not to copy, grant a sub-license, share, or sell the App or the Service to others. You are fully responsible for any fees and expenses arising therefrom.
• We reserve all rights not expressly granted to you. This license may automatically terminate if you violate any of these restrictions and may be terminated by us at any time at our sole discretion.

Privacy and personal information

We respect the privacy and personal information of each user and will protect it in accordance with applicable law, especially data protection law (GDPR), by taking necessary measures when collecting, processing, transmitting, and storing your personal information. Please read our Privacy Policy for details.

The App may request your permission to use your name, email, username, country, and subscription type to inform you of new updates and for commercial purposes.

Intellectual property rights

You acknowledge that we possess all lawful rights and interests in the App, including any intellectual property rights involved in the Software and Service.

The information in the App, including words, software, photos, advertisement content, and commercial information, is protected under copyright, trademark, and related laws. You may use this content only with our authorization. No unauthorized reproduction, modification, or compilation is permitted.

Unless you have reached a separate written agreement with us, this Agreement does not authorize you to use our software name, trademark, service mark, logo, or domain name.

Uploaded content

As a user you may submit graphics, photos, and other materials (collectively "Content"). We do not guarantee any confidentiality with respect to such Content. We cannot guarantee that you will be able to retrieve or save posted Content locally, and we are not responsible for any loss of Content.

You retain ownership of your Content. By uploading or transmitting Content, you grant us a royalty-free, perpetual, irrevocable, transferable, worldwide, non-exclusive license to use, reproduce, modify, publish, display, translate, analyze, and distribute such Content. You also permit other users to access, display, view, store, and reproduce the Content under these terms.

You are fully responsible for your Content and accept all consequences arising from it. We disclaim all liability in connection with user Content. You represent and warrant that you own all rights and have all necessary licenses for such Content.

Your conduct through the Software and your Content must comply with this Agreement, as updated from time to time. You will not submit Content that is unlawful, infringing, defamatory, harassing, discriminatory, sexually explicit, or that violates the rights of any third party or applicable law.

We may remove Content and terminate access at our sole discretion if we become aware of any violation.

Paid services

Some Services require payment ("Paid Services"). We may offer a free trial period. Once fees are paid in full, you acquire the Paid Services for the subscription period. Future updates may include additional Paid Services; existing subscribers may use them at no extra charge during the subscription period.

We accept payment via Apple Payments or any other form of payment we make available. You agree to abide by the terms of service of the payment processor you use.

Our payment policy may change. If fees are not paid on time and in full, Paid Services will be suspended. Price reductions or promotions do not create refund rights for prior purchases. Once a paid service is purchased, refunds will not be issued.

Indemnification

You hold us harmless from all claims, including claims for damages, that other users or third parties may bring against us as a result of your violation of this Agreement and our Privacy Policy. You shall assume all reasonable costs, including reasonable legal defense costs.

Limitation of liability and disclaimer

You acknowledge that the App and the Service may have potential risks such as service interruption or failure to respond to user requests due to force majeure, malware, hacker attacks, system instability, or telecommunication issues. We are not liable for such risks.

We are not liable for any losses arising from telecommunication line breakdown, technical problems, internet or mobile communication terminal failures, or any other force majeure.

We reserve the right to amend or terminate the Service without prior notice and are not liable to users or third parties when exercising this right.

Any version of the Service not officially released or authorized by us, and any derivative works, are illegal. Downloading, installing, and using unofficial versions may lead to unexpected risks for which we are not liable.

Use by minors

The App does not directly target minors. If you are a minor and decide to use the App, please seek the consent of your guardian and use the App under their guidance. Your guardian is responsible for assisting you to correctly understand the contents of this Agreement.

Modifications

We may revise these Terms at any time without notice. By using the App you agree to be bound by the current version of these Terms.

Update, discontinuation, suspension, and termination

You may stop using the App at any time.

The App may be updated from time to time. You may decide whether to accept updates. We do not guarantee latest services if you reject updates, and you are responsible for any resulting loss. We reserve the right to amend, interrupt, suspend, or terminate the App at any time.

We may, without prior notice, suspend or terminate the Service if you breach these Terms, if applicable law requires us to, or under any other condition we deem necessary.

Upon termination, we reserve the right, subject to applicable law, to completely delete all information related to you.

Other

If we do not exercise or enforce any legal right or regulation, this will not be considered a formal waiver of our rights.

Without our written authorization, you may not assign or transfer the rights granted by these Terms or the associated responsibilities.

We reserve the final interpretation right on these Terms.

Contact us

If you have any questions about the Service or this Agreement, or would like a previous version of this document, contact us at [email protected].