Interpretation
Defined terms appear with a capitalized initial letter. These definitions apply regardless of whether the term is used in the singular or plural form.
Definitions
For the scope of these Terms and Conditions:
- Affiliate: An entity that controls, is controlled by, or shares common control with a party (where "control" implies owning 50% or more of shares or voting equity).
- Country: Refers to New York, United States.
- Company: (Referred to as "We", "Us", "Our", or "the Company") refers to the owner of the Service.
- Device: Any hardware capable of accessing the Service, including computers, cellphones, or tablets.
- Service: Refers to the Website.
- Terms and Conditions: (or "Terms") Refers to this full agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service: External content, data, or services provided by a third party that may be displayed or included within the Service.
- Website: Refers to Emixer.
- You: The individual, company, or legal entity accessing or using the Service.
Acknowledgment
These Terms govern your use of the Service and constitute the agreement between You and the Company. They define the rights and responsibilities of all users.
Accessing and using the Service is conditional upon your acceptance of and compliance with these Terms. They apply to all visitors and users. By accessing the Service, you agree to be bound by these Terms. If you disagree with any part of them, you are prohibited from accessing the Service.
Age Requirement: You confirm that you are over the age of 18. The Company prohibits use of the Service by anyone under 18.
Privacy Policy: Your use of the Service is also subject to our Privacy Policy. This document outlines our practices regarding your personal data and privacy rights. Please review the Privacy Policy carefully before using the Service.
Links to Other Websites
Our Service may link to third-party websites or services not owned or controlled by the Company. We assume no responsibility for the content, privacy policies, or practices of any third parties. You acknowledge that the Company is not liable, directly or indirectly, for any damage or loss resulting from your use of external content or services. We strongly recommend reviewing the terms and privacy policies of any third-party sites you visit.
Termination
We reserve the right to terminate or suspend your access immediately, without prior notice or liability, for any reason, including a breach of these Terms. Upon termination, your right to use the Service ends immediately.
Payment and Subscription Details
- Billing: Payment is charged to your iTunes Account upon purchase confirmation.
- Auto-Renewal: Subscriptions automatically renew unless auto-renew is disabled at least 24 hours before the current period ends.
- Renewal Charges: Your account will be charged for renewal within the 24 hours prior to the end of the current period, at the identified cost.
- Management: You can manage subscriptions and turn off auto-renewal in your Account Settings after purchase.
- Free Trials: Any unused portion of a free trial is forfeited upon purchasing a subscription.
Limitation of Liability
The Company’s total liability (and that of its suppliers) under these Terms is limited to the amount you actually paid through the Service, or 100 USD if no purchase was made.
To the maximum extent legally permitted, the Company and its suppliers shall not be liable for any special, incidental, indirect, or consequential damages (including loss of profits, data, privacy, or business interruption) related to the use or inability to use the Service, strictly even if the Company was advised of the possibility of such damages.
Note: Some jurisdictions do not allow the exclusion of implied warranties or limitations on incidental damages, so the above limitations may not fully apply to you. In such cases, liability is limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you "AS IS" and "AS AVAILABLE," with all faults and without warranty of any kind. The Company explicitly disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no representation that the Service will meet your requirements, run without interruption, be compatible with other software, or be error-free. We do not guarantee the accuracy or reliability of any content, nor do we guarantee that the Service or its servers are free of viruses or harmful components.
Governing Law
These Terms and your use of the Service are governed by the laws of New York, United States, excluding its conflict of law rules. Your use may also be subject to local, state, national, or international laws.
Dispute Resolution
If you have a concern or dispute regarding the Service, you agree to first attempt to resolve the matter informally by contacting the Company.
For EU Users: If you are a European Union consumer, you benefit from any mandatory provisions of the law of your country of residence.
US Legal Compliance: You represent that (i) You are not located in a country subject to a US government embargo or designated as "terrorist supporting," and (ii) You are not listed on any US government list of prohibited parties.
Severability and Waiver
- Severability: If any provision of these Terms is found to be unenforceable, it will be modified to accomplish the original objective to the greatest extent possible under the law, and remaining provisions will remain in full effect.
- Waiver: Failure to exercise a right or require performance does not waive the ability to do so later, nor does waiving one breach constitute a waiver of future breaches.
Translation Interpretation
If these Terms are translated, the original English text shall prevail in the event of a dispute.
Changes to These Terms
We reserve the right to modify these Terms at any time. If a revision is material, we will attempt to provide at least 30 days' notice before new terms take effect. Sole discretion regarding what constitutes a material change lies with Us. Continued use of the Service after revisions become effective implies agreement to the new terms. If you do not agree to the new terms, please stop using the Service.