Terms

 Terms of Use

Last Update: August 27, 2024

These terms of use (“Terms”) constitute a legal agreement between the developer and owner of the mobile application (“we” or “us”, and “App”) and the user ( “User”, “you”). These Terms governs your usage of the Apps and the Services offered therein (as defined below).

Please read this Terms and our Privacy Policy https://lotusbytestudios.blogspot.com/2024/08/privacy-policy.html carefully, and make sure you understand and agree with them. By downloading our App, and accessing and using the respective Services, you consent to the terms and conditions in these Terms.

IF YOU DISAGREE WITH ANY PART OF THESE TERMS, INCLUDING ANY FUTURE AMENDMENT TO THE TERMS, PLEASE STOP YOUR USE OF THE APP. ANY CONTINUED USE CONSTITUTES YOUR ACCEPTANCE OF THIS TERMS.

1. ELIGIBILITY

The Services are designed and provided to users aged 18 or older (or the age of legal majority in your jurisdiction). By using the App, you affirm that you are 18 years or older and legally capable of entering into these Terms.

2. SERVICES 

2.1. Our App provides various functionalities, features, and content (collectively herein and after shall refer as the “Services”). 

2.2. The Services may be available upon availability and connection to internet connection. Lack of internet connection may prevent the use of the Services. We reserve the right, at its sole discretion, and subject to this Terms, to determine the features, settings, pricing, or other tools which are available as a part of the Services or modify, correct, amend, update, upgrade, improve, remove, replace or make any other changes to, any features or functionalities of the Services.

2.3. While we wish to provide the App available at any time and place, we do not guarantee full access and use of the App at any time and place without any interruptions. We may impose limits on certain features or limit access or suspend access to parts of the Services without prior notice.

3. INTELLECTUAL PROPERTY 

3.1. All intellectual property rights, including trademarks, patents, copyrights and other kinds of intellectual property rights, whether registrable or not, in relation to the App and all the trade or business names, domain names, logos, content, layout, text and graphics, source codes, algorithms, software, database, applications, content and information of our Services are legally retained by us.

3.2. Subject to the Terms herein, we grants you a revocable, limited, non-exclusive, non-transferable, non-assignable, and non-sublicensable license for non-commercial purposes, to install, access and use the App and the Services solely for the purposes set forth herein.

4. THIRD-PARTY LINKS AND SERVICES

The Services may include links to third-party websites, plug-ins and applications. Clicking on those links may allow users to visit the websites and applications of third parties. Use of third-party websites, services and products will be governed by the terms of service between users and third parties, and we have no responsibility or liability for the use of such third-party services.

In case you wish to use such third-party services, you should read the privacy policies and terms of use of the third parties to know rights.

5. USER CONDUCT 

Users must use the Services responsibly and in compliance with all applicable laws. When accessing or utilizing our Services, users are prohibited from: (1) interfering with, damaging, or disrupting any aspect of the Services; (2) transmitting or uploading any malicious software, including viruses or other harmful programs; (3) copying, reproducing, or attempting to sell any component of our Services; and (4) violating the intellectual property rights or legitimate interests of others. These restrictions are in place to ensure a safe, fair, and enjoyable experience for all users while protecting the integrity of our Services and respecting the rights of third parties.

6. DISCLAIMER OF WARRANTIES

Users acknowledge that no digital service can guarantee 100% uptime or security. We are not liable for any service failures, interruptions, or discontinuances resulting from inherent limitations of internet technologies, force majeure events, cyberattacks, malware, system vulnerabilities, third-party service failures, or other factors beyond our reasonable control. To the fullest extent permitted by law, we disclaim responsibility for any indirect, special, consequential, or punitive damages, including but not limited to lost profits or revenues. This limitation of liability is designed to fairly allocate risk between users and our company, recognizing the complex and often unpredictable nature of digital services.

7. LIMITATION OF LIABILITY 

YOU HEREBY ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING (BUT NOT LIMITED TO), LOST OF PROFITS, LOSS OF DATA, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT FROM THE USE OR INABILITY TO USE THE APP OR THE SERVICES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AND AGGREGATED LIABILITY SHALL NOT EXCEED 10$ US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

8. INDEMNIFICATION

Users shall defend and indemnify us, including our affiliates, directors, officers, employees, and representatives, against any and all liabilities, damages, losses, costs, fees (including legal fees) and expenses relating to claims arising from or in connection with any violation of these Terms.

9. GOVERNING LAW 

The Terms shall be governed and construed by the laws of the state of Israel, without regard to its conflict of law provisions. Any dispute arising from or relating to this Agreement, or the Application shall be resolved through in the courts of Tel Aviv, Israel.

10. MISCELLANEOUS

10.1. Severability – If for any reason any provision of the Terms becomes unenforceable, that provision will be enforced to the maximum extent permitted to give effect to the intent of the Terms, and the remainder of the Terms will remain in full force and effect.

10.2. Amendment – The Terms may be amended from time to time, and we will notify users by publishing an updated Terms on the websites, mobile applications and channels or portals to which users have access. In case of a material change of the term we will provide user with prominent notice within the App regarding such change. 

10.3. Assignment – Users may not assign or transfer any rights and obligations under the Terms. We may assign or transfer our rights and obligations under the Terms.

10.4. Waiver – Any failure by us to enforce any provision of the Terms will not constitute a waiver of future enforcement of that or any other provision.