Terms of Use
Effective Date: September 10, 2023
1. Introduction
"These Terms of Use establish the terms of engagement between you and Veksus UAB, or
any of its associated entities (referred to as "we," "us," "our," or "the App"), pertaining to our
websites, applications ("App"), and services (including support services). These services
may be accessible through third-party platforms, web applications, or social networking
services, collectively referred to as the "Services."
Before you proceed, we kindly request you to carefully review these Terms of Use. If you are
unwilling to accept the Terms of Use or the Privacy Policy, you are advised not to use or
access any of our Services."
2. Amendments to the Terms of Use
2.1. We reserve the right to amend these Terms of Use at our discretion, to modify or
discontinue any aspect or feature of our Services, or to modify these Terms of Use. If any
changes are made, we will notify you by posting a new version of the Terms of Use on our
website, sending an email notification, or through our Services. Please check the Terms of
Use regularly for any updates whenever you use the Services. The changes to the Terms of
Use will not affect your existing rights, will not significantly disrupt the contractual balance
between you and us, and will not have a retroactive effect. If you disagree with any future
revisions, please stop using our Services immediately.
3. Content
3.1. The Services encompass a diverse array of content, including but not limited to software,
technology, text, widgets, messages, links, emails, music, sound, graphics, pictures, or video
materials (referred to as the "Content"). Ownership of the Content and all associated
intellectual property rights rests with us (or our affiliates and partners, as applicable).
3.2. During the duration of these Terms of Use, in the relationship between you and us, we
extend to you a personal right, often referred to as a 'license,' to utilize the Content in
conjunction with your access and use of the Services. This license is defined by the following
conditions:
a) 'Non-exclusive' (indicating that we can grant similar licenses to other individuals).
b) 'Revocable' (signifying our ability to terminate this license under certain circumstances).
c) 'Personal' (meaning you cannot use the Content for commercial purposes).
d) 'Non-transferable' (implying that the license is exclusively for your benefit, and you cannot
transfer or sublicense any of the rights granted by us to any other party).
e) 'Limited' (indicating that you can only use the Content for the purposes detailed in these
Terms of Use).
f) Contingent upon your compliance with these Terms of Use.
3.3. Unless we have explicitly provided written authorization, you must not:
3.3.1. Copy or download any Content from the Service or any part thereof (except as required
for the proper use or operation of the Services).
3.3.2. Distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy,
create derivative works from, rent, sublicense, distribute, decompile, disassemble, reverse
engineer, or otherwise engage in unauthorized use of the Content.
3.3.3. Make any commercial use (i.e., for profit) of any Content.
3.3.4. Remove, obscure, or alter copyright, patent, trademark, or other proprietary rights
notices affixed to the Content.
3.4. Our Services are intended for your personal, non-commercial use exclusively. We may
provide specific sections of our Services free of charge while others may be available for a
one-time fee, through a subscription (referred to as "Subscription"), or under any other legal
pricing structure as specified within the Services and/or App.
3.5. We endeavor to ensure the availability of Content for your enjoyment within the Services,
but this availability is subject to the following rules:
3.5.1. We can only provide access to the Content if it is legal for you to access it in your home
country.
3.5.2. You may only acquire the Content from us (or from any person we authorize for this
purpose), and you are prohibited from obtaining Content from any other source or attempting
to do so.
3.5.3. We reserve the right to refuse or restrict your requests to acquire or obtain Content at
our reasonable discretion, particularly in cases involving technical issues or legal restrictions,
such as those arising under copyright law, criminal law, youth protection law, etc.
3.5.4. We cannot guarantee continuous availability of Content at all times, in all countries or
geographic locations, or at any given time, and we may discontinue specific Content unless
expressly stated otherwise in the Services.
3.5.5. The Content accessible to you is not eligible for return, exchange, or refund for other
Content, cash, goods, or services.
3.5.6. We may need to modify or update the Content periodically.
4. The Service's Access and Use
4.1. Access to the Service can be obtained through the App by downloading it.
4.2. To access the App, you must be at least 13 years old and not prohibited by applicable law
from using the App. By using the Service, you affirm to us that you agree to these Terms of
Use. In cases where we reasonably believe you do not meet these criteria, we may temporarily
suspend your use of the Service until you provide us with satisfactory proof of your age.
4.3. To access the Service and utilize its special features, you may be required to register with
us. Registration entails providing us with certain information, which may include your email
address, a password of your choice, and occasionally your phone number. Any content or
information you submit via the Service is subject to our Privacy Policy. Please refer to our
Privacy Policy for details regarding the collection, use, and disclosure of your information.
4.4. You bear responsibility for your account with us and any activity conducted through your
account, whether or not authorized by you. It is your duty to ensure that the information you
furnish to us is accurate and kept current, and that your password remains secure and
confidential. Any changes to the information provided during registration must be promptly
communicated to us.
4.5. By using the App, you agree not to employ it for any purpose prohibited by this
Agreement. You are accountable for all activities associated with your use of the App, and
you must adhere to all relevant local, state, national, and international laws and regulations, as
well as any applicable regulatory codes.
4.6. We retain the right, without prior notice, to suspend or terminate your account, cancel,
reassign, disable, and/or restrict your usage of the Service if we suspect a security breach or
activities on your account that violate these Terms of Use.
4.7. Accessing and utilizing the Service necessitates a compatible device and an internet
connection. While we strive to ensure compatibility across various devices, we cannot
guarantee universal compatibility. Presently, the Service requires smartphones running iOS
10.0/Android 7.0 (or later) operating systems.
4.8. Ensuring that your device meets these requirements is your responsibility. Your
experience with the Service may differ in terms of functionality, availability, and quality
based on your device type and operating system. We disclaim any responsibility for any
functionality limitations resulting from your equipment, including your device, internet
connection, operating system, settings, and software.
4.9. All costs and expenses incurred during your use of the Service, including but not limited
to telephone call or line charges and internet data service access charges, are your
responsibility.
4.10. You must not engage in the following activities:
- Resell, rent, lease, loan, sublicense, distribute, or transfer rights to the App.
- Copy, adapt, alter, modify, translate, or create derivative works of the App without written
authorization from the Company.
- Circumvent or disable any technological features or measures within the App designed to
protect intellectual property rights.
- Use the App in conjunction with any device, program, or service aimed at bypassing
technological measures controlling access to or rights in a content file or other copyrighted
work.
- Utilize the App for illegal purposes.
- Transmit communications that infringe upon or violate the rights of any party.
- Upload media containing expressions of hate, abuse, offensive imagery or conduct,
obscenity, pornography, sexually explicit material, or content that could result in civil or
criminal liability under applicable laws or regulations or conflict with this Agreement and our
Privacy Policy.
- Upload any material containing software viruses or other computer code, files, or programs
intended to disrupt, destroy, or limit the functionality of computer software or this website.
Engaging in any of these prohibited activities will result in an immediate termination of your
license to use the App.
5. Third Party Links
5.1. Your utilization of third-party links is entirely your responsibility as the Services may
contain hyperlinks to websites operated by third parties, including advertisers and other
content providers. These websites may gather data or request personal information from you.
We have no authority over these websites and are not accountable for their content, privacy
policies, or the collection, use, or disclosure of any information they may gather. Therefore,
we disclaim any responsibility for content on third-party websites and are not liable to you for
any losses or damages of any nature arising from your interactions with third parties or their
websites.
6. Warranties and Liability Regarding the Services
6.1. We guarantee that we possess the necessary rights to establish these Terms of Service and
grant you the licenses outlined in Section 3, "Content."
6.2. Our Services and Service Content, including software, are provided on an "as is" and "as
available" basis without any warranties, either express or implied.
6.3. We shall be held liable for damages in cases of injuries to health, body, or life, intentional
damages caused by us, our representatives, employees, or our agents, or as required by
applicable law.
6.4. We explicitly disclaim any liability for any loss or damage resulting from the use of the
service by any person in violation of these terms. You acknowledge that the content available
on the service is provided by users, not by us, and we are not responsible or liable for such
content on the service.
6.5. We expressly disclaim any liability for:
(a) Any loss or damage that was not reasonably foreseeable by us and incurred by you in
connection with the service, including loss of profits.
(b) Any loss or damage incurred by you due to your violation of these terms.
6.6. To the maximum extent permitted by law, we shall not be held liable to you or any other
party for any loss or damage, regardless of the form of action or basis of any claim. You
acknowledge and agree that your sole and exclusive remedy for any dispute with us is to
terminate your use of the service.
6.7. Nothing in these Terms of Use shall restrict or exclude our liability for:
(i) Death or personal injury resulting from our negligence.
(ii) Intentional acts, fraud, or fraudulent misrepresentation.
(iii) Any other liability that cannot be excluded or limited by law.
6.8. Under no circumstances shall the company, its officers, directors, agents, affiliates,
employees, advertisers, or data providers be liable for any indirect, special, incidental,
consequential, or punitive damages, including but not limited to loss of use, loss of profits, or
loss of data, whether in contract, tort (including negligence), equity, or otherwise, arising out
of or in any way connected with the use of this App. In no event will the company's total
liability arising out of or in connection with these terms or from the use of or inability to use
the app exceed the amounts you have paid to the company for use of the App or one hundred
dollars ($100), if you have not had any payment obligations to the company, as applicable.
Some jurisdictions do not allow the exclusion or limitation of liability, so the above
limitations may not apply to you. The company, or any third parties mentioned on the App,
are not liable for any personal injury, including death, caused by your use or misuse of the
App.
7. Termination
7.1. For any reason, including failure to adhere to the terms outlined in this Terms of Use, we
reserve the right, at our discretion and without prior notice, to terminate or suspend your
Subscription and/or restrict your usage of our Services.
7.2. If you choose to discontinue the use of the Service, you can terminate your usage at any
time by uninstalling the App from your Device and ceasing its use. However, please be aware
that uninstalling the App will not delete your profile or any content you have uploaded, as it
will remain in the app content library. If you want to delete your profile, please contact us in
writing at the following email address: info@vexuse.com
8. Governing (Applicable) Law and Jurisdiction
8.1. Unless the law of the country where the user has their habitual residence mandates
otherwise, the laws of the Republic of Lithuania shall govern these Terms of Use and any
dispute, claim, or obligation (whether contractual or non-contractual) arising from or related
to them, their subject matter, or formation.
8.2. Both we and you agree to submit all such disputes mentioned above to the jurisdiction of
the courts of the country whose laws are applicable, subject to the conditions outlined in
Section 1 of this Article 8, "Governing (Applicable) Law and Jurisdiction."
9. Miscellaneous
9.1. Assignment: You are prohibited from assigning these Terms of Use, the rights granted to
you, or any obligations accrued by you under these Terms of Use to any third party without
obtaining our prior written consent. Any such attempted assignment shall be considered null,
void, and without legal effect. We retain the right to assign any or all of our rights and
obligations under these Terms of Use, either in whole or in part, at any time without
providing notice to you.
9.2. Entire Agreement: These Terms of Use constitute the entire agreement between you and
us regarding the subject matter herein, and they supersede all prior discussions,
understandings, and agreements between you and us on the same subject. You acknowledge
that, in accepting these Terms of Use, you have not relied on any statement, representation,
assurance, or warranty (whether made negligently or innocently) other than what is explicitly
stated in these Terms of Use.
9.3. Severability: If any provision of these Terms of Use becomes unenforceable or is
prohibited by applicable law, that unenforceable provision shall be deemed ineffective only to
the extent of such unenforceability or prohibition, without affecting the validity of any other
provision in these Terms of Use.
9.4. No Waiver: The failure or delay by either party to enforce any of its rights under these
Terms of Use, or to insist on the strict performance of the terms herein, shall not be construed
as a waiver or relinquishment of such rights for future breaches or their enforcement. No
partial exercise of such right or remedy will prevent or limit its subsequent exercise or the
exercise of any other right or remedy.
10. Сontact information
Veksus UAB at Laisves pr. 60-509A, Vilnius, Lithuania. If you have any questions,
complaints or comments regarding these Terms of Use, please contact us at:
info@vexuse.com