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Smart+Watch Sync app

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Terms of use

Last updated: 01 September 2022

1. PREAMBLE

1.1.Welcome to Smart Watch Sync - bt notifier ("Application" or "App"), Application of MORNHOUSE LTD, - a company incorporated and validly existing under the laws of Cyprus under registration number HE 421314, having its registered office at Charalampou Mouskou, 20 ABC CENTER, 1st Floor, Flat/Office 108, Paphos 8010, Cyprus. ("we," or "us").

1.2. This document explains the terms by which you may use our App. By accessing or using the App, you agree on behalf of yourself and all members of your household and others who use this App under your account ("you" or "your'') to be bound by this Terms of Use (or Terms), whether or not you are a registered user of our App.

1.3. We reserve the right to amend these Terms any time at our sole discretion by posting the revised Terms on our website or in the App. Your continued usage of the App after any such changes constitutes your acceptance of the revised Terms. These Terms apply to all visitors, users and others who access the App ("Users").

2. Use of Our App

2.1. Smart Watch Sync - bt notifier this smartwatch app for free and establish a strong connection between devices! Bt notifier will allow you to receive notifications directly on the watch`s screen.

2.2. Subject to your compliance with these Terms and your payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the App.

2.3. To get the full access to the functionality of the Application, you need to grant the Application an access to the following functions of your device:

2.3.1. modify or delete the contents of your USB storage;

2.3.2. read the contents of your USB storage;

2.3.3. Wi-Fi connection information;

2.3.4. view Wi-Fi connections;

2.3.5. modify or delete the contents of your USB storage;

2.3.6. read the contents of your USB storage;

2.3.7. approximate location (network-based);

2.3.8. precise location (GPS and network-based);

2.3.9. receive data from Internet;

2.3.10. view network connections;

2.3.11. prevent device from sleeping;

2.3.12. run at startup;

2.3.13. pair with Bluetooth devices;

2.3.14. access Bluetooth settings;

2.3.15. full network access;

2.3.16. control vibration.

2.4. If you refuse to provide the access to the functions of your device on the Application request, it may cause some Application features to appear unavailable.

3. Changes to the Terms and App

3.1. We may modify the Terms any time, at our sole discretion. If we do so, we’ll let you know either by posting the modified Terms. It’s important that you review the Terms whenever we modify them because if you continue to use the App after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the App anymore. Because the functions of our App are evolving over time we may change or discontinue all or any part of the App any time and without notice, at our sole discretion.

4. Privacy Policy

4.1.Please refer to our Privacy Policy (Privacy Notice) for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the App is subject to our Privacy Policy (Privacy Notice).

5. Who May Use the App

5.1. Eligibility

5.1.1. You may use the App only if you are not less than 16 years old and are not barred from using the App under the applicable laws and regulations. To make a purchase via the App (described in the Section titled “Fees” below), you must be 18 years or older and capable of forming a binding contract.

5.2. Registration

5.2.1. If you want to use the App, you have to download the Application from Google Play®. To find out more, please, visit and read Google Play Terms of Service.

Fees

6.1. App offers certain enhanced features of the services which you can purchase as a subscription (“Subscription”).

6.2. A description of features associated with Subscriptions is available via the App. When you purchase a Subscription (each, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the App will be presented to you before you place your order. If you choose to initiate a Transaction via the App, you authorize us to provide your Payment Information to third party service providers so we can complete your Transaction and agree

6.2.1. to pay the applicable fees and any taxes;

6.2.2. that we may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and

6.2.3. to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order.

6.3. All payments made are non-refundable and non-transferable.

6.4. We reserve the right not to process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent or in other circumstances we deem appropriate in its sole discretion. We also reserve the right, in our sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

6.5. After the Subscription purchasing, the Subscriber will receive the additional options and settings on the Application, such as:

- Remove ads;

- Turn on/off notification for selected apps;

- Notification themes;

- Different vibration patterns.

6.6. The list of above-mentioned options may be updated from time to time by us.

7. Prohibitions

7.1. You agree not to do any of the following:

7.1.1. Use, display, mirror or frame the App or any individual element within the App;

7.1.2. Access, tamper with or use non-public areas of the App;

7.1.3. Attempt to probe, scan or test the vulnerability of any system or network or breach any security or authentication measures of the App;

7.1.4. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented or any of providers or any other third party (including another user) to protect the App;

7.1.5. Use the App for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;

7.1.6. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the App;

7.1.7. Impersonate or misrepresent your affiliation with any person or entity;

7.1.8. Violate any applicable law or regulation; or

7.1.9. Encourage or enable any other individual to do any of the foregoing.

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8. ADVERTISERS, THIRD-PARTY WEBSITES AND CONTENT

8.1. The Application may contain (or you may be sent via the Application) links to other websites (“Third-Party Websites”). We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

8.2. The Application may contain articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, resources and other content or items belonging to or originating from third parties (“Third-Party Content”).

8.3. Consideration of, connecting to or allowing the use or establishment of any Third-Party Websites or any Third-Party Content doesn't infer endorsement or underwriting thereof by us. By using Third-Party Websites, you acknowledge and agree that Application is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such materials at Third-Party Websites. In the event you choose to leave the Application and access the Third-Party Websites or to use or introduce any Third-Party Content, you do this at your own risk and you ought to know these Terms of Use presently don't oversee such connections.

8.4. You should survey the relevant terms and arrangements, including protection and information gathering rehearses, of any site to which you explore from the Application or identify with any Applications you use or introduce from the Application. Any purchases you make through Third-Party Websites will be through different sites and from different organizations, and we assume no liability to such purchases which are solely at your own risk. Application does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third-Party Websites or for any other materials, products or services of the third parties. Application is not responsible for the contents, updates or privacy practices of the third parties operating Third-Party Websites. The personal information you choose to give to such third parties is not covered by our privacy policies. You agree that you use Third-Party Websites at your sole risk. We highly recommend you to review and familiarize yourself with the terms of use and privacy policies of all Third-Party Websites prior to using them.

8.5. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

8.6. We may allow the Advertisers to display their advertisements and other information (Adv. content) in certain areas of the Application, such as sidebar advertisements, banner advertisements or widget advertisement - Internal advertisement. We simply provide the virtual space for the Advertisers to place such advertisements, and we have no other relationship with Advertisers. We expressly disclaim any warranties or other representations regarding the Advertiser`s Adv. content. Please note if the Adv. content contains links to other websites and resources (also provided by Advertisers or the third parties), these links are provided without our control. We do not control the content of these sites or resources and are not responsible for them or for any loss or damage that may result from your use of them. If you use such links, you do so entirely at your own risk and subject to the terms of use, privacy policies of such Advertisers or other third parties.

8.7. Internal advertisements are generated and published by advertising networks, e.g. AdMob.

9. Termination

We may restrict your access to the App and do it at our sole discretion any time and without notification. You may cancel your account or terminate the usage of the App any time by deleting the Application from your device. In the event of consumption or cancellation of the App or deletion of it, all applicable provisions of the Terms, which by their nature should remain in full force and effect, including the provisions of ownership, disclaimer of warranties, limitations and provisions on dispute resolution.

10. Indemnity

10.1. You will indemnify and hold harmless Us and our officers, directors, employees and agents from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with

10.1.1. your access to or use of the App or Content from it or

10.1.2. your violation of these Terms.

11. Disclaimers and Limitation of Liability

11.1. THIS APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS APPLICATION, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED IN IT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS APPLICATION, THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION IS AT YOUR SOLE RISK. WE CANNOT AND DOES NOT REPRESENT OR GUARANTEE THAT ANY OF THE INFORMATION AVAILABLE THROUGH OUR SERVICES OR ON THE APPLICATION IS ACCURATE, RELIABLE, CURRENT, COMPLETE OR APPROPRIATE FOR YOUR NEEDS.

11.2. WE MAKE NO WARRANTY AND ASSUME NO OBLIGATION OR LIABILITY FOR SCRIPTS, INDICATORS, IDEAS AND OTHER CONTENT OF THIRD PARTIES. YOUR USE OF ANY THIRD-PARTY SCRIPTS, INDICATORS, IDEAS AND OTHER CONTENT IS AT YOUR SOLE RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW EXCEPT AS EXPRESSLY SET FORTH HEREIN. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE THIRD PARTY’S LINKS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE THIRD PARTY’S CONTENT OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. WE EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A THIRD PARTY OR THEIR PRODUCTS OR SERVICES. WE DO NOT GUARANTEE THAT THE THIRD PARTY WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.

11.3. IN NO EVENT WE WILL BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE APPLICATION, ITS FUNCTIONS, LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE OF OUR CONTROL.

11.4. IN NO EVENT WE WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY, DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO US FOR SUBSCRIPTION DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

11.5. The functioning of the Application is designed so that we engage various Ad Partners' whose advertising you may receive when using the Application. As for us, we inform you that all advertisements sent in connection with the use of the Application must contain an appropriate link to opt out of receiving them. At the same time, we declare that we are not the direct senders of such ads and cannot guarantee the possibility of opting out of them. Therefore, the responsibility for the compliance of advertising with legal requirements lies solely on the Ad Partners' as a third party. Advertising Partners agree not to rely on our approval of their advertising for compliance with the applicable law and not to make any claim that such advertising partner complies with the applicable based on our approval.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12. These Terms of Use and your use of the Application are governed by and construed in accordance with the laws of the Republic of Cyprus. Any dispute arising out of or in connection with these Terms of Use, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by the courts of the Republic of Cyprus.

13. Contact Information

13. In order to resolve a complaint regarding the Application or to receive further information regarding the use of the Application, please contact us at mornhouse.ltd@yahoo.com by sending the email.