Term of Use

Latest update: 26/04/2021

 

This Terms of Use (Terms) is a contract between you and Augenstern Inc. (Company,” “we,” “usor our), governing your use of our mobile applications (Appsor our App) we control that include these Terms, or any other websites, pages, features, or content owned and operated by use that include these Terms (collectively, Services). These Terms explain the terms and conditions that will govern your use of the Services.

 

By accessing or using our Services, you indicate that you agree to be bound by these Terms. If you do not wish to be bound by these Terms, please do not use the Services.

 

NOTICE REGARDING DISPUTE RESOLUTION FOR USERS IN THE UNITED STATES AND CANADA: These Terms contain provisions that govern how claims between you and the Company are resolved (see Section 11 below), including an agreement to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out of arbitration within 30 days of the date you first agree to these Terms in accordance with Section 11(E). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding, and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

 

1. Eligibility

 

When you use the Services, you represent that: (a) you are at least 16 years of age (or of the age of consent in your jurisdiction) ,(b) the information you submit is truthful and accurate; (c) your use of the Services do not violate any applicable law or regulation; (d) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms.

 

2. Updates to these Terms of Service

 

We may modify these Terms of Service from time to time. We will notify you of material changes to these Terms of Service by posting the amended terms on the Services before the effective date of the changes. In addition, you will be required to accept the new Terms of Service the first time you visit the Service and log in to your user account after the new Terms of Service take effect. If you do not agree with the proposed changes, you should discontinue your use of the Service prior to the time the new Terms of Service take effect. If you continue using the Service after the new terms take effect, you will be bound by the modified Terms of Service.

 

3. Privacy Policy

 

In connection with your use of the Service, please review our Privacy Policy to understand how we use information we collect from you when you access, visit or use the Service. The Privacy Policy is a part of these Terms, and by agreeing to these Terms, you agree that we may use information collected from or about you in accordance with the Privacy Policy.

 

4. Prohibited Activities

 

You agree that you in connection with your use of the Services, you will not:

(1). use the Services for any improper, illegal, or unauthorized purpose, including engaging in unauthorized framing, mirroring, or linking to, the Services without our express written consent;

 

(2). take any action that would interfere with, disrupt, or create an undue burden on the Service or the networks, infrastructure, or services connected to the Services;

 

(3). use any meta tags, hidden text,agents, robots, scripts, spiders, crawlers or other tools or means, whether manual or automated, to collect, retrieve, scrape, index, mine, republish, redistribute, transmit, sell, license, download, access or manage the Services;

 

(4). distribute, transmit, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other technology or material intended to interfere with or cause harm to the Services or users of the Services;

 

(5). decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from or sublicense the Service, or any portion thereof;

 

(6). violate or interfere with any rights of us, our users, or any other third parties, including intellectual property, privacy, or publicity rights; or

 

(7). circumvent, disable or otherwise interfere with security related features of the Services or features that prevent or restrict use, access, or copying, or to enforce other limitation of use on the Services.

 

5. Use of the Services

 

Our Services are intended for learning, gaming or entertainment purposes only.You understand and agree that the Services are not intended or designed to diagnose, prevent, or treat any condition or disease, to ascertain the state of your health, or to be a substitute for professional medical care tailored to your individual condition and situation. Not all activities described on the Services or Products are suitable for everyone. You assume full responsibility for your use of the Services.

Our Services may be suspended temporarily without notice to you for security purposes, maintenance or repair, system failures, or other similar circumstances (collectively, Service Interruptions). You acknowledge and agree that you are not entitled to a refund or rebate related to such Service Interruptions.

 

6. Termination

 

Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion, and without notice or liability, deny access to our Services to any person for any reason, including, without limitation, for engaging in the prohibited activities, breach of any representation, warranty or covenant contained in these Terms, or breach of any applicable law or regulation.

 

7. Subscriptions

 

A. Payments and Fees

 

Our Services may offer certain premium features of the Services which you can purchase as a monthly, half-yearly or yearly (Subscription). You can find descriptions of the features and benefits associated with the Subscriptions on the App. To purchase a Subscription, you will have to provide a valid, accepted Payment Method (e.g., debit or credit card) to either the Apple App Store. By submitting such information, you agree and warrant that the Apple App Store has the right to use or provide the information to third parties for payment processing. You may be subject to additional terms and conditions imposed by Apple.

 

B. Automatically Renewing Subscriptions

 

When you purchase a Subscription, your Subscription will automatically renew based on the term you select (e.g., on a monthly, half-yearly or yearly basis) until terminated. You authorize us to charge your Payment Method up to 24 hours before the end of the current Subscription term. You can cancel your Subscription in your Apple App Store or Google Play Store settings at least 24 hours in advance of the end of your current Subscription term.

 

C. No Refunds

 

Payments for Subscriptions are nonrefundable. We do not provide partial refunds or credits for unused periods. Following any cancellation, however, you will continue to have access to the premium features of the Services associated with the Subscription you purchased through the end of your Subscription term.

 

D. Changes to the Price and Subscription Terms

 

We reserve the right to change our Subscription terms or pricing at any time, which we may determine in our sole discretion. Any Subscription terms or pricing changes will not apply retroactively and will only take effect following notice to you.

 

E. Free Trial

 

You may be offered a Free Trial of premium features associated with a paid Subscription. Free Trial eligibility shall be determined by us in our sole discretion, and we may limit eligibility or duration to prevent abuse. At the end of your Free Trial term, your subscription may automatically renew, as stated in the notice that you accept at the time you sign up for the Free Trial.

 

8. Intellectual Property Rights

 

Our Services, including the underlying content and information, are protected by copyright, trademarks, and other intellectual property rights under United States and foreign laws and international conventions, which belong to Augenstern Inc and its licensors. Subject to your compliance with these Terms, Augenstern Inc grants you a limited, non-exclusive, non-transferable license to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal, non-commercial purposes. Augenstern Inc reserves all rights in and to the App not expressly granted to you under these Terms. You may not copy the App, except for making one copy for backup or archival purposes. If you make a copy for your own backup or archival purposes, you must retain all trademark, copyright and other proprietary notices contained in and on the Services.

 

If you submit any ideas, suggestions, feedback, or other content to Augenstern Inc, you automatically grant to Augenstern Inc(or warrant that the owner of such information and material has expressly granted to Augenstern Inc) a royalty-free, worldwide, perpetual, irrevocable, unrestricted, right and license to use, copy, display, perform, modify, adapt, publish, and distribute, or otherwise make available such content (including any associated intellectual property rights), in whole or in part, for any purpose.

 

9. Third Party App Stores

 

You acknowledge and agree that the availability of the Services may be dependent on third party websites from which you download the Service, e.g., the Apple App Store or Google Play Store (each a Third Party App Store). You acknowledge that these Terms of Service are between you and Augenstern Inc and not with the applicable Third-Party App Store. Each Third-Party App Store may have its own terms and conditions to which you must agree before downloading the Service from it. You agree to comply with, and your license to use the Service is conditioned upon, your compliance with, the applicable Third-Party App Store terms and conditions. To the extent that other terms and conditions from the applicable Third-Party App Store are less restrictive than, or otherwise conflict with, the terms and conditions of these Terms of Service, the more restrictive or conflicting terms and conditions in these Terms of Service will apply.

 

10. Third Party Sites

 

The Service may contain links to websites operated by third parties (Third Party Sites). For example, you may be able to share information with Third Party Sites through links on the Services; however, we do not own or operate the Third-Party Sites, and we have not reviewed, and cannot review, all of the material, including goods or services, made available through Third Party Sites. The availability of these links on the Services does not represent, warrant or imply that we endorse any Third-Party Sites or any materials, opinions, goods or services available on them. Third party materials accessed through or used by means of the Third-Party Sites may also be protected by copyright and other intellectual property laws.

 

These terms of service do not apply to third party sites. Before visiting a Third-Party Site through links or other means provided on or through the service, you should review the Third-Party Sites terms and conditions and privacy policy, and inform yourself of the regulations, policies and practices of these Third-Party Sites.

 

11. Legal Disputes and Arbitration Agreement For Users in the United States and Canada

 

Please Read This Following Clause Carefully It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.

 

A. Initial Dispute Resolution.

 

We are available by email at: augensternappcustomerservice@gmail.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Both you and the Company agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

 

B. Agreement to Binding Arbitration.

 

If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section 11(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including its formation, performance and breach), the partiesrelationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association in accordance with the provisions of the Consumer Arbitration Rules of the American Arbitration Association (the AAA), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Service, including, but not limited to, any claim that all or any part of these Terms of Service is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrators award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be subject to the Federal Arbitration Act.

 

C. Class Action and Class Arbitration Waiver.

 

You and the Company each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Company each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 12(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

 

D. Exception - Small Claims Court Claims.

 

Notwithstanding the partiesagreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of the small claims courts jurisdiction.

 

E. 30 Day Right to Opt Out.

 

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 11(B) through (D) by sending written notice of your decision to opt-out to the following email: augensternappcustomerservice@gmail.com. The notice must be sent within thirty (30) days of you first agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

 

F. Applicable Law.

 

You agree that federal laws and the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and the Company.

 

12. Warranty Disclaimer; Limitation on Liability

 

A. Disclaimer of Warranties

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICES ARE PROVIDED AS ISAND AS AVAILABLE,WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. BY OPERATING THE SERVICES, WE DO NOT MAKE ANY REPRESENTATIONS ABOUT OR IMPLY THAT WE ENDORSE ANY USER CONTENT OR CONTRIBUTIONS AVAILABLE ON OR LINKED TO BY THE SERVICES, INCLUDING WITHOUT LIMITATION, CONTENT OR CONTRIBUTIONS HOSTED ON THIRD PARTY SITES. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND EACH OF OUR ADVERTISERS, LICENSORS, SUPPLIERS, OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS AND OTHER CONTRACTORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THE SERVICES CONTENT, THE CONTENT OF ANY SITE LINKED TO THE SERVICES, CONTRIBUTIONS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON OR LINKED TO BY THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

 

B. Limited Liability.

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICE, CONTRIBUTIONS, MATERIALS OR ANY OTHER CONTENT THEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS OF SERVICE, OUR LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER THEORY OF LIABILITY SHALL NOT EXCEED $50.

 

13. Notice to New Jersey Users.

 

Notwithstanding any terms set forth in these Terms of Service, if any of the provisions set forth in Section 12 are held unenforceable, void or inapplicable under New Jersey law, then any such provision shall not apply to you but the rest of these Terms of Service shall remain binding on you and the Company. In addition, for New Jersey residents, the limitation on liability is inapplicable where attorneysfees, court costs, or other damages are mandated by statue. Notwithstanding any provision in these Terms of Service, nothing in these Terms of Service is intended to, nor shall it be deemed or construed to, limit any rights available to you under the Truth-in-Consumer Contract, Warranty and Notice Act.

 

14. Digital Millennium Copyright Act Policy.

 

We follow the notice and take down provisions of the Digital Millennium Copyright Act (the DMCA). In addition, we may terminate the account and access rights of any repeat infringer in appropriate circumstances. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any user Contribution on the Service infringes upon your copyrights, you may submit a take-down notification to us by sending an email to: augensternappcustomerservice@gmail.com.

 

15. General Terms

 

A. Non-Waiver.

 

Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of the applicable right or provision.

 

B. Severability.

 

These Terms of Service operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms of Service is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

 

C. Assignment.

 

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

D. No Modifications by Our Employees.

 

If any of our employees offers to modify the terms of these Terms of Service, he or she is not acting as an agent for us or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from our employees or anyone else purporting to act on our behalf.

 

E. Mobile Services

 

Some of the Services may be available via your mobile phone through the Apps you have downloaded and installed on your mobile phone. Please note that your carriers normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices in all jurisdictions. Therefore, you should check with your carrier to find out if the Apps and Services are available for your mobile devices, and what restrictions, it any, may be applicable to your use of them.

 

F. Entire Agreement; No Waiver

 

The Terms of Service, together with our Privacy Policy, and any other legal notices published on the Apps or Services, shall constitute the entire agreement between you and us concerning the Services, and supersedes all prior terms, agreements, discussions and writings regarding the Services. If any provision of the Terms of Service is found to be unenforceable, then that provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect.

 

No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision.

 

16. Contact Information

 

If you have any questions about these Terms of Service or your account, please contact us at: augensternappcustomerservice@gmail.com.