End User License

This End User License Agreement (“EULA”) governs your use of our IOS and Android applications (“App(s)”) currently provided or which will be provided by Funtaptic Studio SRL of County Neamt, RO, Europe, St. Cuza Voda 4, CP 617246 (hereinafter “Funtaptic”, “we” or “us” ).

This EULA sets out the basis on which Funtaptic makes the Apps available to you (“user” or ”you”) and on which you may use them. Funtaptic’s Privacy Policy and Terms and Conditions, form an integral part of this EULA. By installing or using the App, you agree to accept and to be bound by (1) this EULA and (2) the Privacy Policy (3) the Terms and Conditions as applicable, at all time. If you do not agree with one of these, please do not install or use the App. 

If you have a Apple ID or Google Account, this EULA shall coexist with, and shall not supersede, the applicable Terms of Use or Terms and Conditions. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use or Terms and Conditions, the conflicting provisions in the Terms of Use or Terms and Conditions shall govern.

Funtaptic reserves the right to change, modify, add or delete articles in this EULA at any time.

  1. Grant Of License
    1. Funtaptic grants you a non-exclusive, non-transferable, non-sublicensed, non-commercial and personal license to install and/or use the App (in whole or in part) and any Product (the “License”), for such time until either you or Funtaptic terminates this EULA. You must in no event use, nor allow others to use,the App or this License for commercial purposes without obtaining a license to do so from Funtaptic. Updates, upgrades, patches and modifications may be necessary in order to be able to continue to use the App on certain hardware. THIS APP IS LICENSED TO YOU, NOT SOLD.
    3. As applicable, certain parts of the App may be using third party features, some of which are managed by third-party providers for which additional terms and/or costs may apply. You must comply with such additional terms. Please review such additional terms and costs carefully.
    5. you shall not, directly or indirectly a) sell, rent out, lease, license, distribute, market, exploit the App or any of its parts commercially, b) reverse engineer, decompile, disassemble, adapt, reproduce, or create derivative works of this Product (except if the App enables you through a specific feature to create, generate or submit User Generated Content and for which you will need to create an Account and comply with Terms of Use), in whole or in part; c) create, use and/or distribute “auto”,“script” or “macro” computer programs or other “hack” programs or software applications for this Product; d) remove, alter, disable or circumvent any copyright and trademark indications or other authorship and origin information, notices or labels contained on or within this Product and e) export or re-export this Product or any copy of adaptation in violation of any applicable laws or regulations.
    7. While using the App, you agree to comply with all applicable laws, rules and regulations. In all cases, you may only use the App according to anticipated use of the App.
    9. For example purposes, and without limiting Funtaptic’s rights to take action against you, you may not: a) create, use, share and/or publish by any means in relation to the App any material (text, words, images, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit software); b) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the App, or their accessibility to other users, or the functioning of the partner networks of the App, or attempt to do any of the above; c) transmit or propagate any virus, Trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the App, and/or organise, participate in or be involved in any way in an attack on Funtaptic’s servers and/or the App and/or those of its service providers and partners; d) create, supply or use alternative methods of using the App, for example server emulators; e)transmitting or communicating any material or content which, in the sole and exclusive discretion of Funtaptic, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable; f) harassing or threatening any other users in the App; g) make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Funtaptic’s personnel; h) falsely claim to be an employee or representative of Funtaptic or its partners and/or agents; i) falsely claim an endorsement in connection with the App or with Funtaptic.
  1. Ownership
    1. All title, ownership rights and intellectual property rights in and to the App (including, without limitation, all text, graphics, music or sounds, all messages or items of information, fictional characters, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names and any other elements which are part of the App, individually or in combination) and any and all copies thereof are owned by Funtaptic or its licensor’s. the App is protected by national and international laws, copyright treaties and conventions and other laws. This Product may contain certain licensed materials and, in that event, Funtaptic’s licensor’s may protect their rights in the event of any violation of this Agreement. Any reproduction or representation of these licensed materials in any way and for any reason is prohibited without Funtaptic’s prior permission and, if applicable, Funtaptic’s licensor’s’ and representatives’. Except as expressly set forth in this EULA, all rights not granted hereunder to you are expressly reserved by Funtaptic.
    3. This License confers no title or ownership in the App and should not be construed as a sale of any rights in the App.
  1. Warranty Disclaimer, Limitation Of Liability
    1. You expressly acknowledge that use of the App is at your own risk. To the fullest extent permissible under applicable law, the App is supplied on an “as is” And “as available“ basis. Funtaptic, Funtaptic’s licensor’s, channel partners and associated service providers do not make and hereby disclaim any guarantees, conditions, warranties of any kind, express, implied or statutory or other terms including as to: a) its conformity, accuracy, currentness, completeness, reliability or security b) its suitability for a particular use; c) implied warranties of title, non-infringement; d) its market value; or e) your satisfaction. Funtaptic does not warrant that the App will be uninterrupted or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components. You assume all responsibility for selecting the App to achieve your intended results, and for the installation of, use of, and results obtained from the App.
    3. To the fullest extent permissible under applicable law, in no event will Funtaptic, Funtaptic’s licensors, channel partners and associated service providers be liable for loss or damage suffered in connection with the use of the App or any related third party service. This includes without limitation a) all losses of any kind, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation (whether innocent or negligent) or otherwise, b) direct loss; c) accidental loss, d) incidental loss, e) consequential loss, and f) indirect loss.
    5. Notwithstanding the aforementioned limitations of liability, your sole remedy in the event of a dispute with Funtaptic or its licensor’s, channel partners and associated service providers is to cease to use the App; and if applicable, seek damages for your losses. For any product purchased for use on a device that would not meet the applicable legal warranties, Funtaptic’s liability is limited to the refund (directly or indirectly through its channel partners or associated service providers) of the purchase price of the App. In no event Funtaptic, its affiliates, licensor’s, channel partners and associated service providers be liable for damages in excess of any amount you have paid to Funtaptic for the App during the twelve (12) months immediately prior to the time your cause of action arose.
    7. Nothing in this section shall affect Funtaptic’s liability for death or personal injury arising from Funtaptic’s negligence, for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
    9. For purposes of this section Funtaptic’s licensor’s, channel partners and associated service providers are third party beneficiaries to the limitations of liability specified herein and they may enforce this EULA against you.
  2. Indemnity
    1. You are solely responsible for any damage caused to Funtaptic, its licensor’s, channel partners and associated service providers and subcontractors, other users of the App or any other individual or legal entity as a result of your violation of this EULA.
    3. You hereby agree to defend, indemnify and keep indemnified Funtaptic and its affiliates, their licensors, channel partners and associated service providers and their subcontractors against any claim or alleged claims, liabilities, losses damages and all costs (including lawyers’ fees), directly or indirectly attributable to your fault and/or resulting from a) a violation of any provision of this EULA or b) your use or misuse of the App. Funtaptic reserves the right to take sole responsibility, at its own expense, for conducting the defence of any claim for which you agreed to indemnify Funtaptic. The provisions of this Section shall remain in force after termination of this EULA.
  1. Termination
    1. The EULA is effective from the earlier of the date you purchase, download or use the App, until terminated according to its terms. You and Funtaptic may terminate this EULA, at any time, for any reason. Termination by Funtaptic will be effective upon a) notice to you or b) termination of your Funtaptic Account (if any) or c) at the time of Funtaptic’s decision to discontinue offering and/or supporting the App. This EULA will terminate automatically if you fail to comply with any of the terms and conditions of this EULA. Upon termination for any reason, you must immediately uninstall the App and destroy all copies of the App in your possession.
  1. Changes To This EULA Or To the App.
    1. Funtaptic reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or, as applicable, without prior notice to you. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to you or cause you to no longer be in agreement or compliance with this EULA, you may terminate this EULA in accordance with this Agreement and must immediately uninstall the App and destroy all copies of the App. Your continued use of the App following any revision to this EULA constitutes your complete and irrevocable acceptance of any and all such changes.
    3. Funtaptic may modify the App for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the App. You agree that the App may install or download the modifications automatically. You agree that Funtaptic may stop to support previous versions of the App upon availability of an updated version. Funtaptic’s channel partners and associated service providers shall have no obligation to furnish any maintenance or customer support with respect to the App. Funtaptic also reserves the right to amend the Rules of Conduct set out to place limits on the use of the App.
  1. No Waiver
    1. In the event that any party to this EULA fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
  1. Previous Terms and Conditions
    1. In the event of any conflict between this EULA and any prior versions thereof, the provisions of this EULA shall prevail unless it is expressly stated otherwise.
  1. Law and Jurisdiction
    1. This EULA and the relationship between you and Funtaptic shall be governed by and construed in accordance with the Law of Romania and Funtaptic and you agree to submit to the exclusive jurisdiction of the Courts of County Neamt.