TERMS AND CONDITIONS OF ANDROIDACY, LLC
Effective Date: 09/10/2024
1. Acceptance of Terms
By accessing or using the services provided by Androidacy, LLC (“Androidacy,” “we,” “us,” or “our”), including our website, applications, APIs, and any related services (collectively, the “Service”), you (“User” or “you”) agree to be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, you must not use the Service.
2. Eligibility
- Legal Age: You must be recognized as an adult under the laws applicable to you to use the Service.
- Minors: Individuals under the legal age may use the Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
- Compliance with Laws: By using the Service, you represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a “terrorist-supporting” country, and you are not listed on any U.S. government list of prohibited or restricted parties.
3. Account Registration
- Accuracy of Information: You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary.
- Account Security: You are responsible for safeguarding your account credentials and for all activities that occur under your account.
- Notification of Breach: You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. Prohibited Conduct
You agree not to engage in any of the following activities:
- Legal Violations: Violating any applicable laws, regulations, or third-party rights.
- Circumvention: Attempting to circumvent or bypass any security measures, access controls, or monetization mechanisms implemented in the Service.
- Unauthorized Access: Accessing or attempting to access any portion of the Service or its systems that you are not authorized to access.
- Interference: Interfering with or disrupting the integrity or performance of the Service or its related systems.
- Malicious Activities: Uploading or transmitting any viruses, malware, or other harmful code.
- Data Harvesting: Collecting or harvesting any personally identifiable information from the Service without proper authorization.
- Impersonation: Impersonating any person or entity or misrepresenting your affiliation with a person or entity.
5. Intellectual Property Rights
- Ownership: All content, features, and functionality on the Service, including text, graphics, logos, and software, are the exclusive property of Androidacy or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
- License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial use.
- Restrictions: You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service without our prior written consent.
6. User-Generated Content
- License to Androidacy: By submitting or posting any content (“User Content”) on the Service, you grant us a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform such User Content in connection with the Service.
- Representations and Warranties: You represent and warrant that you own or have the necessary rights to submit the User Content and that it does not infringe any third-party rights.
- Monitoring and Enforcement: We reserve the right, but are not obligated, to monitor, remove, or disable access to any User Content for any or no reason, including if we believe it violates these Terms.
7. Third-Party Links and Services
- No Endorsement: The Service may contain links to third-party websites or services that are not owned or controlled by Androidacy. Inclusion of any link does not imply endorsement by Androidacy.
- Assumption of Risk: Accessing third-party links is at your own risk, and we are not responsible for any loss or damage arising from your use of third-party websites or services.
8. Purchases and Payments
- Fees and Charges: Certain features of the Service may require fees or other charges. You agree to pay all applicable fees as described on the Service.
- Payment Processing: Payments are processed by third-party payment processors. We do not store your payment information.
- Taxes: You are responsible for all taxes associated with your use of the Service.
9. Subscriptions and Automatic Renewal
- Subscription Services: Some aspects of the Service may be billed on a subscription basis (“Subscription(s)”). Subscriptions will automatically renew unless canceled.
- Cancellation: You may cancel your Subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing cycle.
- No Refunds: All fees are non-refundable unless otherwise required by law.
10. Termination
- By Androidacy: We reserve the right to suspend or terminate your access to the Service, without notice or liability, for any reason, including if you breach these Terms.
- By You: You may terminate your account at any time. Termination does not relieve you of any obligations to pay any outstanding fees.
11. Disclaimer of Warranties
- “As Is” Basis: The Service is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.
- No Warranty: We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and availability.
- No Guarantee: We do not guarantee that the Service will be uninterrupted, secure, or error-free.
12. Limitation of Liability
- Exclusion of Damages: To the fullest extent permitted by law, Androidacy shall not be liable for any indirect, incidental, special, consequential, or punitive damages.
- Cap on Liability: Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you have paid to us in the twelve (12) months preceding the claim.
13. Indemnification
You agree to indemnify, defend, and hold harmless Androidacy, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or relating to:
- Your Use: Your use of the Service.
- Violation of Terms: Your violation of these Terms.
- Violation of Laws: Your violation of any applicable laws or regulations.
- User Content: Any User Content you submit, post, or otherwise transmit through the Service.
- Circumvention Attempts: Any attempts by you to circumvent our monetization, security, or other restrictions.
14. Prohibition of Circumvention
You expressly agree not to circumvent, disable, or otherwise interfere with security-related features of the Service or features that enforce limitations on use. This includes, but is not limited to, monetization mechanisms, access controls, and any technological measures implemented to control access to the Service.
15. Modifications to Terms
- Right to Modify: We reserve the right to modify these Terms at any time.
- Notice of Changes: We will notify you of material changes by posting the updated Terms on the Service and updating the “Effective Date.”
- Acceptance of Changes: Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes.
16. Governing Law and Jurisdiction
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles.
- Jurisdiction: Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in [Insert County], [Insert State], and you consent to the jurisdiction of such courts.
17. Dispute Resolution and Arbitration
- Arbitration Agreement: Any disputes arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.
- Class Action Waiver: You agree to waive any right to participate in a class-action lawsuit or class-wide arbitration.
- Exceptions: Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction for intellectual property infringement claims.
18. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under law.
19. Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Androidacy regarding the Service and supersede all prior agreements or understandings.
20. No Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
21. Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
22. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
- Androidacy, LLC
- Address: Available on request for a valid reason
- Website: www.androidacy.com/contact
- Email: admin@androidacy.com
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. This agreement constitutes a legally binding contract between you and Androidacy, LLC.