Terms of Use
This User Agreement (the "Agreement") governs the use of the “Authenticator App” mobile application (the "App") and the Authenticator browser extension (the "Extension") and services provided therein. By downloading, installing, or using the App and/or Extension, you, the user (“You” or “User”), agree to be bound by the terms of this Agreement.
I. INTRODUCTION
This User Agreement (the "Agreement") governs the use of the “Authenticator App” mobile application (the "App") and the Authenticator browser extension (the "Extension") and services provided therein. By downloading, installing, or using the App and/or Extension, you, the user (“You” or “User”), agree to be bound by the terms of this Agreement.
II. CHANGES TO THIS AGREEMENT
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App and/or Extension after the date such revised Agreement is posted.
III. RESTRICTIONS ON WHO CAN USE THE APP AND EXTENSION
In order to access and/or use the App and/or Extension, you must be eighteen (18) years of age or older. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to access and/or use the App and/or Extension. If you are between the ages of thirteen (13) and seventeen (17) years and you wish to access and/or use the App and/or Extension, before doing so you must: (a) assure and confirm that your parent or guardian have read and agreed to this Agreement prior to your access and/or use the App and/or Extension; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. Parents and guardians must directly supervise any access and/or use of the App and/or Extension by minors. Any person under the age of thirteen (13) years is not permitted to access and/or use the App and/or Extension. You affirm that you are either more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
IV. GENERAL TERMS
The App and Extension are developed for general information purposes and are intended only for your personal non-commercial use. You agree not to use the App and/or Extension for any illegal, inappropriate, or unauthorized purpose or activity.
V. PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use, and store information, including personal data. Access to and(/or) using the App and/or Extension are subject to the Privacy Policy. By accessing and(/or) using the App and/or Extension, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop accessing and(/or) using the App and/or Extension. Please read our Privacy Policy carefully.
VI. END USER LICENSE AGREEMENT
By using the App and/or Extension, you undertake to respect our intellectual rights (intellectual rights related to the App and Extension’s source code, graphic design, user interface, look and feel of the App and Extension, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties. As long as you keep using the App and/or Extension, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to access and use the App and/or Extension pursuant to this Agreement (the “License”). You may use our App and/or Extension solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the App and/or Extension; you cannot sell pictures available on the App and/or Extension. The source code, design, and content, including information, photographs, illustrations, artwork, and other graphic materials, sounds, music or video (hereinafter – the “works”) as well as names, logos and trademarks (hereinafter – “means of individualization”) within the App and/or Extension are protected by copyright laws and other relevant laws and/or international treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be. These works and means of individualization may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated whether in whole or in part, unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be. All rights, title, and interest in and to the App and/or Extension and its content, works, and means of individualization as well as its functionalities (1) are the exclusive property of Heromind Holdings Limited and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license herewithin. We will not hesitate to take legal action against any unauthorized use of our trademarks, names, or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Other product and company names displayed on the App and/or Extension or mentioned herein may also be the trademarks of their respective owners.
VII. PROHIBITED BEHAVIOUR
You agree not to use the App and/or Extension in any way that:
- is unlawful, illegal, or unauthorized;
- is defamatory of any other person;
- is obscene or offensive;
- infringes any copyright, database right, or trademark of any other person;
- advocates, promotes, or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse.
You shall not modify, translate into other languages, reverse engineer, decompile, disassemble, or otherwise create derivative works from the App and/or Extension or any documentation concerning the App and/or Extension. You shall not transfer, lend, rent, lease, distribute the App and/or Extension, or use it for providing services to a third party, or grant any rights to the App and/or Extension or any documentation concerning the App and/or Extension to a third party. Misuse of any trademarks or any other content displayed on the App and/or Extension is prohibited. You shall not copy and/or duplicate and/or distribute and/or publish and/or use any content in the App and/or Extension, directly or indirectly, by way of a violation of our Intellectual Property Rights. Moreover, you shall not make any attempts to use the App and/or Extension or part thereof for malicious intentions. Also, we are not responsible for the way you use the App and/or Extension. It is clarified that we may adopt, against a user who violated the present Agreement, any legal measures at our disposal pursuant to the applicable laws. All disputes arising from the usage of the App and/or Extension, shall be governed by and construed in accordance with the laws of the United States of America, and shall be submitted to the sole jurisdiction of the competent courts of New York, the United States of America.
VIII. AVAILABILITY OF THE APP AND EXTENSION, SECURITY AND ACCURACY
In order to use the App and/or Extension, you are required to have a compatible electronic device (computer, mobile phone, or tablet) and Internet access. We do not warrant that the App and/or Extension will be compatible with all hardware and software which you may use. We make no warranty that your access to the App and/or Extension will be uninterrupted, timely, or error-free. You acknowledge that the App and/or Extension is provided via the Internet, therefore, the quality and availability of the App and/or Extension may be affected by factors outside our reasonable control. We may add new features to the App and/or Extension, change, update, upgrade, modify it or anything described in it without notifying you. If the need arises, we may suspend access to the App and/or Extension, or close it indefinitely. You also warrant that any information that you submit or send us via the App and/or Extension is true, accurate, and complete. If you decide not to use the App and/or Extension for any reason you should stop accessing the App and/or Extension.
IX. CHARGES
Access to some services and/or additional features within the App requires paid subscriptions. The full list of Premium options and pricing is provided on the App’s page on App Store or Google Play. You will have an opportunity to try Premium options during the free trial period as provided on the signup screen. After the free trial period expires an auto-renewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless you cancel your subscription 24 hours before the end of the free trial period. When you cancel your subscription you will still have access to basic functions of the App. Premium options are available during the whole free trial period. Subscription with a free trial period will automatically renew to a paid
subscription. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription, where applicable. We reserve the right to modify, terminate or otherwise amend our offered subscription plans at any time. Your subscription will be automatically renewed within 24 hours before the current subscription ends. Auto-renew option can be turned off in your Apple ID account settings at least 24 hours before the end of the current period. Payment will be charged to your Apple ID at confirmation of purchase. No cancellation of the current subscription is allowed during active subscription period. Subscriptions are managed by you. Learn more about managing subscriptions (and how to cancel them) on Apple support page. Please note that removing the App from your device does not deactivate your subscription.
X. THIRD PARTY WEBSITES AND RESOURCES
The App and/or Extension may link you to other sites on the Internet and contracted third parties to provide you certain services. We have no control over and accept no responsibility for the content of any website or mobile application to which a link from the App and/or Extension exists (unless we are the provider of those linked websites or mobile applications). Such linked websites and mobile applications are provided “as is” for your convenience only with no warranty, express or implied, for the information provided within them. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources. If you have any queries, concerns, or complaints about such third party websites or mobile applications (including, but not limited to, queries, concerns, or complaints relating to products, orders for products, faulty products, and refunds) you must direct them to the operator of that third party website or mobile application.
XI. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR USE OF THE APP AND/OR EXTENSION SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL THE MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE APP AND/OR EXTENSION ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCT, CONTENT OR MATERIAL PROVIDED PURSUANT TO THIS AGREEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON OR THROUGH THE APP AND/OR EXTENSION OR ITS SERVICES WILL BE AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
XII. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND/OR EXTENSION AND SERVICES PROVIDED BY THE APP AND/OR EXTENSION. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP AND/OR EXTENSION OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF THE APP AND/OR EXTENSION AND ITS SERVICES IN ANY COUNTRY.
XIII. LEGAL COMPLIANCE
You must represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
XIV. GOVERNING LAW AND CLAIMS
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA. We make no representations that the App and/or Extension is appropriate or available for use in other locations. Those who access or use the App and/or Extension from other jurisdictions do so at their own volition and are responsible for compliance with local law. If you choose to access or use the App and/or Extension from or in locations outside of the United States, you are responsible for:
- ensuring that what you are doing in that country is legal; and
- the consequences and compliance by you with all applicable laws, regulations, bylaws, codes of practice, licenses, registrations, permits, and authorizations.
Any claims shall be exclusively decided by courts of competent jurisdiction in New York, the State of New York, USA and applicable Federal law shall govern, without regard to choice of law principles. If you ever wish to seek any relief from us, you agree to waive the ability to pursue class action. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and/or Extension and the Services provided by the App and/or Extension or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
XV. TERMINATION
We reserve the right to terminate this Agreement at any time at our sole discretion for any reason. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all access and/or use of the App and/or Extension.
XVI. SEVERABILITY
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, that provision shall be more narrowly construed so that it becomes legal, valid, and enforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect. You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
XVII. CONTACT INFORMATION
We reserve the right to respond to your requests, questions, commentaries, or suggestions. For these purposes you can reach us at support@allapp.net.
This revised User Agreement now covers both the Authenticator App and the Authenticator browser extension, ensuring consistency and clarity across both platforms.