Terms & Conditions

These Terms and Conditions ("Agreement") apply to the Dealder app (hereinafter referred to as the "Application") for mobile devices created by Serhii Kovtun (hereinafter referred to as the "Service Provider") as an Ad Supported service.

1. Acceptance of Terms

By downloading or using the Application, you automatically agree to comply with and be bound by the following terms and conditions. It is strongly advised that you thoroughly read and understand these terms prior to using the Application. Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.

2. License Grant

2.1. Scope of License

The Service Provider grants you a non-exclusive, non-transferable, revocable license to use the Application on any Apple-branded devices that you own or control, and as permitted by the Usage Rules. This license is granted solely for your personal, non-commercial use of the Application.

2.2. Restrictions

• No Redistribution: You may not distribute, rent, lease, sell, sublicense, or otherwise transfer copies of the Application to others without prior written consent from the Service Provider.

• No Modification: You may not modify, translate, adapt, or create derivative works based on the Application.

• No Reverse Engineering: You may not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Application.

• Device Limitation: You may not use the Application on more devices than permitted under this Agreement or the Usage Rules.
  
  

3. Ownership and Intellectual Property

All rights, title, and interest in and to the Application, including all related intellectual property rights, are and will remain the exclusive property of the Service Provider. The Application is protected by copyright, trademark, and other laws of both the United States and foreign countries. The Service Provider reserves all rights not expressly granted in this Agreement.

4. User Data and Privacy

The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your device and access to the Application. The Service Provider strongly advises against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your device to malware, viruses, malicious programs, compromise your device's security features, and may result in the Application not functioning correctly or at all.

4.1. Data Collection

By using the Application, you consent to the collection and use of your personal data as described in our Privacy Policy. The Application utilizes third-party services that have their own Terms and Conditions. Below are the links to the Terms and Conditions of the third-party service providers used by the Application:

• Google Play Services

• AdMob

• Google Analytics for Firebase

• Firebase Crashlytics

• Facebook

• Fabric

• Matomo

• Clicky

• Flurry Analytics

• Appodeal

• Fathom Analytics

• Unity

• SDKBOX

• GameAnalytics

• One Signal

• Expo

• Sentry

• AppLovin

• StartApp

• Amplitude

• Adjust

• Mapbox

• Godot

• Segment

• Mixpanel

• RevenueCat

• Clerk

• Adapty

• OpenAI
  
  

5. Internet Connection and Data Charges

Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.

If you are using the Application outside of a Wi-Fi area, please be aware that your mobile network provider's agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the Application or other third-party charges. By using the Application, you accept responsibility for any such charges, including roaming data charges if you use the Application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the Application, they assume that you have obtained permission from the bill payer.

Similarly, the Service Provider cannot always assume responsibility for your usage of the Application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.

6. Updates and Termination

The Service Provider may update the Application from time to time to add new features or fix bugs. These updates may modify or delete certain features and functionalities of the Application. You agree to accept such updates and understand that they may require you to update your device's operating system to continue using the Application.

The Service Provider may also choose to terminate the provision of the Application at any time without notice. Upon termination, your rights and licenses granted under this Agreement will cease immediately, and you must discontinue all use of the Application and delete it from your device.

7. Warranty Disclaimer

You expressly acknowledge and agree that the use of the Application is at your sole risk. The Application and any services performed or provided by the Application are provided "AS IS" and "AS AVAILABLE," with all faults and without warranty of any kind, and the Service Provider hereby disclaims all warranties and conditions with respect to the 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 non-infringement of third-party rights. No oral or written information or advice given by the Service Provider or its authorized representative shall create a warranty. Should the Application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Service Provider be liable for any personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if the Service Provider has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury or for incidental or consequential damages, so the above limitation may not apply to you.

9. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law provisions. You and the Service Provider agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from this Agreement.

If you are a citizen of any European Union country, Switzerland, Norway, or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence. Specifically excluded from the application of this Agreement is the United Nations Convention on the International Sale of Goods.

10. Export Restrictions

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

11. Changes to Terms and Conditions

The Service Provider may periodically update these Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page. These Terms and Conditions are effective as of 2024-04-01.

12. Contact Us

If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at dealder.app@hotmail.com.