Puff Punk Terms of Use

1. Acceptance of the terms
1.1. Please read these Terms and Conditions, the Privacy Policy available at Puff Punk Privacy Policy, and all other documents referred to herein (collectively, the "Terms") carefully before you start using the Service. When you download the application or click to agree to the Terms when this option is made available to you, you conclude an agreement on use of the Service with the Publisher (the "Agreement") which includes the Terms. If you do not agree to the Terms, you must not access or use the Service.
1.2. The Service is offered to users who are at least 13 years old and not a target of any sanction regime, and do not reside in, nor will access the Service from, a country from which such access is prohibited under any applicable sanction regime or export control laws. By using the Service, you represent that you meet all of the foregoing requirements. If you do not meet these requirements, you must not access or use the Service. The Publisher reserves the right to limit the availability of the Service to any person, entity, geographic area, or jurisdiction at any time.
2. Definitions
2.1. The "Publisher" means Mykola Mykal, an individual based in Portugal, who is responsible for making the Puff Punk mobile application available.
2.2. Pronouns "you" and "your" refer to you as a user of Puff Punk (the "Service"). If you are using the Service on behalf of a legal entity, then you, as an individual, represent that you have authority to bind that entity to the Agreement and "you" and "your" also refer to that entity.
2.3. "Affiliate" of a person is any person that controls, is controlled by, or is under common control with, such person. The term "control" means the power to direct or cause direction of management and policies of a person, whether through ownership of voting securities, by contract, or otherwise.
2.4. "Device" is your mobile phone, tablet, computer, or other device by or through which you use the Service.
2.5. "Documentation" means documents that accompany or are available via the Service and describe the features of the Service, requirements for its use, support, or maintenance.
2.6. "Premium Service" is a paid Service, either a subscription or a one-time purchase.
2.7. "Resultant Data" means data related to your use of the Service that are used by the Publisher in an aggregate and anonymized manner, including statistical and performance information related to operation of the Service.
2.8. "Third-Party Materials" are materials, documents, data, products, services, or software that are not provided by the Publisher, including open-source software.
2.9. "User Contribution" includes, without limitation, any instructions, images, photos, drawings, videos, documents, texts, or other materials and content that you upload to the Service or that the Publisher receives by or through the Service. User Contribution does not include Resultant Data.
3. License
3.1. Subject to your compliance with these Terms, the Publisher grants you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to use the Service for your personal, non-commercial purposes on a Device that you own or control.
3.2. The Publisher reserves all rights not expressly granted to you.
4. Use Restrictions

You agree not to:

  1. Use the Service in any way that violates any applicable law or regulation.
  2. Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent permitted by law.
  3. Copy, modify, adapt, translate, or create derivative works of the Service.
  4. Use the Service to transmit any harmful or malicious code.
  5. Use the Service in a way that infringes or misappropriates the intellectual property rights of others.
  6. Remove or alter any copyright, trademark, or other proprietary rights notices.
5. User Contributions
5.1. You are solely responsible for any User Contribution you make available through the Service. You represent and warrant that you own or control all rights to such contributions and that they do not violate these Terms or the rights of any third party.
5.2. By submitting a User Contribution, you grant the Publisher a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, and display such contributions in connection with the Service.
6. Premium Service
6.1. Some parts of the Service are offered on a paid basis ("Premium Service"). Payment and billing are handled by Apple App Store or Google Play, depending on your Device.
6.2. Subscriptions automatically renew unless canceled in accordance with the rules of the relevant app store. You can manage and cancel subscriptions through your app store account settings.
6.3. All fees are non-refundable to the maximum extent permitted by law.
7. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis. The Publisher makes no warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Publisher does not guarantee that the Service will be error-free, uninterrupted, secure, or free of viruses.

8. Limitation of Liability

To the maximum extent permitted by applicable law, the Publisher shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or loss of data, use, goodwill, or other intangible losses, resulting from (a) your use or inability to use the Service; (b) any unauthorized access to or use of the Service; or (c) any other matter relating to the Service.

In no event shall the Publisher's total liability to you exceed the amount you paid (if any) for using the Service in the twelve months preceding the claim.

9. Indemnification

You agree to indemnify and hold harmless the Publisher and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your use of the Service, your violation of these Terms, or your violation of any rights of another.

10. Apple Minimum Terms of Developer EULA

If you download the Service from the Apple App Store, you acknowledge and agree that:

  1. These Terms are concluded between you and the Publisher, not Apple.
  2. Apple is not responsible for the Service or its content.
  3. Apple has no obligation to furnish any maintenance or support services for the Service.
  4. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the Service to you. To the maximum extent permitted by law, Apple will have no other warranty obligation.
  5. Apple is not responsible for addressing any claims relating to the Service or your possession and/or use of the Service.
  6. Apple and its subsidiaries are third-party beneficiaries of these Terms, and Apple will have the right to enforce these Terms against you as a third-party beneficiary.
11. Term and Termination
11.1. These Terms remain in effect until terminated by you or the Publisher.
11.2. You may terminate the Agreement by deleting the App and ceasing all use of the Service.
11.3. The Publisher may suspend or terminate your access to the Service at any time, without prior notice or liability, for any reason, including if you breach these Terms.
12. Final Provisions
12.1. The Publisher may update these Terms from time to time. The latest version will be available within the App and on the official app store listings. Continued use of the Service after any updates constitutes your acceptance of the revised Terms.
12.2. These Terms are governed by the laws of Portugal, without regard to conflict of law principles.
12.3. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
12.4. Failure of the Publisher to enforce any right or provision of these Terms shall not be considered a waiver of those rights.