Terms & Conditions (“T&Cs”)
The meaning of some words used in these terms and conditions:
“we”, “us” or “our” refers to Pselis Limited; and
“you” or “your” refers to the person who is using the website or the Apps.
These T&Cs apply to your useof CloudCal and CloudTasks (“Apps”) with all functions, content, services and rules for the contractual relationship between you and us.
These T&Cs are the sole contractual relationship between us unless agreed in writing by both parties.
By Downloading These Apps, You Accept These Terms.
If you do not accept them, do not use the software. Google and Apple users may return the software to their app store for a refund or credit.
2. PURPOSE OF THESE T&CS
2.1 The purpose of this agreement is to regulate the use of the paid or free of charge use of the Apps. CloudCal data are stored in Google Calendar/Microsoft Exchange (“Third Party Providers”). CloudTasks data are stored in Google Tasks (“Third Party Providers”). These data can thus be retrieved at any time by various types of terminals or a web application.
2.2 CloudCal and CloudTasks enable you to connect with other users. We provide the technical requirements in the form of the applications. We are not involved in the connection or communication ourselves.
2.3 CloudCal keeps a local copy of your data in your device and will be available for use 24 hours a day, 365 days a year, nevertheless the synchronization with Google Calendar/Microsoft Exchange may be not available for maintenance work as necessary and as needed by Google and Microsoft.
2.4 CloudTasks keeps a local copy of your data in your device and will be available for use 24 hours a day, 365 days a year nevertheless the synchronization with Google Tasks may be not available for maintenance work as necessary and as needed by Google.
2.5 We will not be responsible for internet/network-related downtimes and, in particular, for downtimes in which the Apps cannot sync due to technical or other problems outside our area of influence, e.g. force majeur, fault of third parties.
3.1 You don’t require any user registration to use the Apps.
4. AGREEMENT OF USE
4.1 You enter into an agreement with us for the use of the Apps when you click on the “Install” button on the product description page in the Google store
4.2. There s no entitlement to conclude an agreement for use.
5. CHARGES & PREMIUM USERS
5.1 You may use all the free features of our Apps free of charge. The agreement on free use of our apps is for an indefinite period.
5.2 Using Premium features, that are not free of charge, may incur charges.
5.3 Certain features are only accessible to users who have registered as Premium users and who pay for Premium Accounts.
5.4 Third-party providers or external developers used by the Apps determine explicitly their own prices.
5.5 All charges and prices stated include the applicable value added tax.
6. RULES FOR USING OUR APPS.
6.1 When using our Apps you must obey all of the relevant laws and other legal provisions of the United Kingdom.
6.2 In particular, you may not enter and/or disseminate unlawful data or data that infringes copyrights and any other third party rights. Such data includes but is not limited to: text, images, graphics or links. You are solely responsible for the data and content you store in the Apps.
We do not examine whether content uploaded is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses.
6.3 When uploading any files you should make sure your behavior does not violate Google, Microsoft and Dropbox policies. In general, pictures or photos showing people other than yourself may only be uploaded to our Apps if you have the consent of each person.
6.4 We have no responsibility for texts, content, photos, images, data, information and files uploaded by you or other users into our Apps and our Third Parties Providers.
6.5 Content and texts posted on our Apps may not be copied, disseminated or made publicly accessible in any other way without the explicit consent of the owner of the rights unless this is permitted by law.
6.6 Acts of harassment such as sending chain letters or communications of a salacious or sexual nature are not permitted through our Apps.
6.7 You are not allowed to attack the operational capacity of our Apps by any means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, viruses or worms.
6.8 We accept no responsibility for design and/or content of external websites linked to from our Apps.
6.9 We give no guarantee that the content showed in our Apps is true, fulfills any particular purpose or can serve any particular purpose.
6.10 If you notice or suspect any illegal or non-contractual use of our Apps, you can report this to us at any time via this email address: firstname.lastname@example.org.
6.9 You are solely responsible if you violate the rules stated above.
7.1 You indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights due to content that you have uploaded to our Apps. Furthermore, you will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights as a result of your use of our Apps. You will bear all appropriate costs, including appropriate costs incurred for legal defense that we have to pay as a result of your violation of the rights of third parties. All of our further rights and damage claims will remain unaffected. You are entitled to provide evidence that we have incurred lower costs than stated.
7.2 The above-mentioned obligations will only apply if you are responsible for the violation of rights in question; in other words, if you have knowingly or deliberately omitted to exercise due diligence.
8 DATA BACKUP
8.1 You will take the necessary measures according to your own risk assessment to regularly back up the data and content you have entered, uploaded and stored on alllocal calendars in order to guarantee reconstruction of the data and content in case of data loss.
9 IDENTITY OF USERS
9.1 Technically, we are not capable to definitively determine whether a registered user on our Apps actually has the identity he/she claims to have. We therefore cannot guarantee the correct identity of any user.
10. TERM OF YOUR LICENSING AGREEMENT AND TERMINATION
10.1. You can terminate the agreement at any time by uninstalling the Apps.
10.2 In addition, the agreement may be terminated for just cause. Just cause, which would entitle Pselis to terminate the agreement, would be if you breach your contractual obligations, in particular the rules of use described in Section 6.
11. IN-APP PURCHASES REFUNDS (COOLING-OFF PERIOD)
11.1. Based on Google’s policy, “refunds are generally given at the app developer's discretion.” https://support.google.com/googleplay/answer/1061913?hl=en
11.2 Under the European Consumer Rights Directive, you are entitled to a cooling-off period, which begins on the day that you receive the goods. In the case of digital content, the cooling-off period expires when the downloading or streaming starts. http://www.citizensinformation.ie/en/consumer_affairs/consumer_protection/consumer_rights/distance_selling.html
11.3 Pselis will grant neverthless a 24 hours cooling off period starting the day and time the installation starts. No refunds will be granted after 24 hours from the download of the Apps.
12. LIABILITY FOR DEFECTS
12.1 We are only liable for defects in our Apps in accordance with Section 11.
12.2 A defect will always be deemed to exist if the suitability for contractual use is suspended or considerably restricted. If suitability for contractual use is suspended in full, you will be released from paying your charges in accordance with No. 6 until the defect is corrected. If use is partially available, the charges will be reduced to an appropriate level for the period until the defect is corrected.
12.3 You must inform us of the defect in writing or by email immediately.
12.4 You are not entitled to damages due to a defect to our Apps due to a circumstance for which we are not responsible, either existing when you sign the agreement or occurring thereafter.
12.5 Further claims and rights for defects to our Apps—other than those explicitly named in section 11—will not be recognized except if we are held liable for them by statutory provisions.
13.1 Free Use of the Apps
Our liability for use of the free Apps is restricted to intention and gross negligence or the absence of a guaranteed characteristic. We will be fully liable in cases of intention; in cases of gross negligence and the absence of a guaranteed feature, our liability will be restricted to typical and foreseeable damage. Any further liability is excluded.
13.2 Use of the Premium Accounts for Payment
We will be liable as follows for use of Premium Accounts made available against payment:
13.2.1 Claims by users for compensation will not be recognized. Exceptions are: damages claimed by users for death, physical injury, harm to human health, the breach of essential contractual obligations (cardinal obligations) or liability for other damage resulting from an intently or grossly negligent breach of duty on our part, our legal representatives or assistants. Cardinal obligations within the meaning of these Terms and Conditions are those obligations that make the due performance of this agreement and the achievement of its objectives possible in the first place, and on the regular compliance of which the user may therefore rely.
13.2.2 Where essential contractual obligations are violated, we will only be liable for the foreseeable damage typical to agreements of this nature if the damage were merely caused negligently, unless the damage claims by the user refer to cases of death or injury to body or health.
13.2.3 Claims in accordance with the United Kingdom Liability Act will remain unaffected.
13.2.4 The restrictions of Sections 12.2.1 and 12.2.2 will also apply in favor of our legal representatives and assistants if claims are asserted against these parties directly.
14. Third-party providers or external developers
14.1 The Apps use the 500px API but are not endorsed or certified by 500px.
14.2 All 500px trademarks displayed on the application are property of 500px inc.
15. Miscellaneous: Final Provisions and Amendments to the Terms and Conditions of Use
15.1 This agreement is governed by the laws of the United Kingdom (“UK”).
15.3 Should individual provisions of these T&Cs be or become invalid and/or contrary to the statutory provisions, this will not affect the validity remaining T&Cs.
In place of the invalid, unenforceable term, the Parties shall mutually agree on such valid commercial terms which the Parties would reasonably have agreed otherwise. The above-mentioned provision will apply correspondingly in the case of omissions in these provisions.
15.4 We reserve the right to amend and adapt these T&Cs with effect for the future. This amendment mechanism does not apply to amendments to the parties' main contractual obligations.
This policy was last revised: February, 2nd 2016.