Terms of Use
Uniti is an application for various platforms, developed and offered to you by WEBCRAFT4U, LLC, Tax ID No.: 81-4603769, with its registered office at 300 Gardens Edge Drive Unit 321, 34285 Florida, USA (“Provider”). It enables its users to be part of a Tourist Group, listen to a Tour Guide or be a voice guide as a Tour Guide. Your use of the Uniti application and all the related services provided through it by Provider (collectively referred as „Uniti”) is subject to the following terms (“Terms”), which upon your acceptance form a legally binding agreement between you and the Provider (“Agreement”). For the avoidance of doubt, such agreement is concluded solely between you and the Provider and there are no other parties to it.
Uniti is currently available in its basic version free of charge, however it contains in-app purchases as it offers also paid services with additional features (“Paid features”).
Acceptance
These Terms regulate the legal relationship between you and the Provider and also represent a framework contract on the basis of which Provider is providing an account information service to you. The Terms are always available to you through the distribution platforms or in the Uniti application and you have the right to request them to be sent to your e-mail in the form of a PDF file. You may not use Uniti unless you express your acceptance of the Terms during the sign-up process by choosing “Accept” in a confirmation dialog box. You are also expressing your acceptance and willingness to be bound by these Terms by using or otherwise accessing Uniti.
You may not accept these Terms unless you are at least 15 years of age and you have sufficient legal capacity to enter into a contract. If you are less than 18 years of age, you must have your parent or legal guardian’s permission to accept the Terms and use Uniti.
Term and Termination
The Agreement will remain in full force and effect while you use Uniti and until terminated by either you or the Provider. Termination always includes deletion of your user account.
You may terminate the Agreement at any time and for any reason by sending a notice to the Provider (by e-mail) and deleting the Uniti application. Refund of your purchases is in such case not possible.
Provider may terminate the Agreement upon notice at any time and for any reason. The notice period is 2 months unless immediate termination is agreed between you and Provider. In exceptional circumstances under relevant EU or USA law, such as money laundering or terrorist financing, any action which targets the freezing of funds, or any specific measure linked to the prevention and investigation of crimes, Provider may terminate the Agreement without notice at any time. In case of termination due to your breach of the Terms you are not entitled to any refunds.
Amendments
When there are changes in laws or regulations, conditions in the financial services markets, technology or organisational processes, or when changes are needed due to compliance with the statutory obligation of prudential business rules or in order to improve quality of services provided through Uniti application, Provider may amend the Terms at its sole discretion. Such an amendment may cover areas such as amending and terminating the Agreement, registering a user account or Paid features and prices. You will be notified about the planned changes in advance through Uniti application and via e-mail (with the updated Terms attached in the form of a PDF file). The updated Terms will be published 2 months prior to the effective date. By continued use of Uniti, you are expressing your acceptance of the changes. If you do not agree with the changes, you may terminate the Terms at any time and free of charge.
Release of updated version of the Uniti application may precede the effective date of the updated Terms for the existing users. You may be required to accept the updated Terms in order to be able to use all features of updated version of the Uniti application.
Your use of Uniti
You must use Uniti only in accordance with the Terms, for the purpose it was intended and obey all of the applicable laws and terms and conditions of third parties.
You must not use Uniti to engage yourself in activities that mar, interfere, destroy, or access in an illegitimate fashion servers, network connectivity, or other aspects or services of any third-party.
Registration and User Account
In order to be able to use Uniti you have to sign up. You can sign up with your e-mail account. You agree to provide to the Provider only accurate, truthful and current information and keep it up to date.
You must keep your Uniti account login information confidential and secure and you may not share it with anyone. You are solely responsible and liable for any and all activities that occur under your account.
The Provider reserves the right to refuse your registration or suspend your Uniti account at any time.
User content
You may enter and upload to Uniti or synchronize with it texts, numerical data, photos or other content. You retain copyright and all other rights to your content that qualifies for a legal protection. For such content you grant Provider a worldwide non-exclusive, no-charge and royalty-free license to use it in the connection with provision of the services, including without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense. You represent that you have all necessary rights and consents to do so. The license lasts for the full term of the copyright or until a termination of the Terms.
You are solely responsible for any content you provide to Uniti and for any consequences thereof. You may not enter or upload to Uniti or synchronize with it unlawful content or content that infringes copyright or any other third-party rights. You may not upload any content describing or depicting violence or content which is pornographic, discriminatory, racist, defamatory or otherwise illegal and share it with other users of Uniti.
Provider does not review the user content but reserves the right to remove or disable access to any user content for any reason.
Provider has no responsibility for the accuracy of the content you provided to Uniti or synchronized with it or which was created by Uniti based on your input.
You are solely responsible for backing up the content you enter or upload to Uniti or synchronize with it.
No professional advice
Based on your user content, Uniti may provide you with personalized advice relating to the use of the Uniti application or commercial offers (ads). You hereby acknowledge and agree that such advice or commercial offers do not constitute professional financial, tax, accounting, investment or any other professional advice and Provider makes no representations or warranties of any kind related thereto. In no event shall Provider be liable for any damages caused to you or a third person arising out of your use of such advice or commercial offers.
License and ownership
Uniti application and all rights therein, including intellectual property rights, shall remain Provider’s property or the property of its licensors. Nothing in the Terms shall be construed to grant you any rights, except for the limited license granted below.
Subject to the Terms, Provider grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use Uniti and its Paid features purchased pursuant to the Terms on any same-platform device (i.e. iOS device) that you own and control. The license is granted solely for your personal, non-commercial use. Therefore, you may not rent, lease, lend, sell, transfer, redistribute, or sublicense the Uniti application. Third-party services or libraries included in Uniti are licensed to you either under these Terms, or under the third party’s license terms, if applicable.
Based on your license, you may not access Uniti with other means than the official application, mine or extract any data from Uniti databases, modify, reverse engineer, hack, decode, decrypt, decompile, disassemble or create derivative works of Uniti application or any part thereof and circumvent any technology used to protect the Paid features. You also may not remove, delete or obliterate any copyright notices, proprietary labels or private legends placed upon or found within the Uniti application.
Hardware and System Requirements
Information about the current hardware and system requirements of Uniti, technical restrictions and other limitations are always available on the platform-specific page of the application.
Maintenance and Support
Uniti is subject to a continuous development and Provider reserves the right, at its sole discretion, to update the Uniti application, change the nature of Uniti or modify or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update Uniti.
Provider does not guarantee an uninterrupted provision of the services. Uniti or integrated third-party services may be temporary unavailable due to the maintenance, certain technical difficulties, or other events that are beyond Provider’s control.
If you have some questions, problems or suggestions, you can reach the Provider via contacts provided hereafter. However, you acknowledge that the support to non-paying users of Uniti is limited due to the limited capacity of the Provider.
Premium Features and Prices
Uniti application is available free of charge. Free version allows you to use only the basic features of Uniti. You can unlock Paid features by purchasing credits.
Current detailed information about the Credits Purchasing offer is always available in the Uniti application.
Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax).
Provider does not guarantee that Uniti or any of its features will always be free and reserves the right, at its sole discretion, to change the pricing at any time.
Downloading or using Uniti may incur additional costs for the Internet connection according to the standard rates of your ISP. You shall bear all such costs relating thereto.
Payments and Refunds
You can purchase credits simply by pressing the “BUY” icon/button, which summarizes information about billing type, price and term.
By pressing the “BUY” button you enter into an additional agreement pursuant to the Terms. Due to the method of conclusion of the agreement, the text of the agreement is neither saved nor accessible.
In a case you are a consumer with your normal place of abode or residence in the European Union, by pressing the “BUY” button you also consent that the contractual performance will start immediately and you acknowledge that for this reason you lose your right of withdrawal.
Payment is due and payable immediately upon completion of the purchasing process. Performance starts immediately after a successful transaction through electronic means by unlocking Paid features in Uniti application. Purchasing process requires Internet connection which may incur additional costs according to the standard rates of your ISP.
Each Payment is on a One-Time basis. Uniti does not charge for any services automatically and all purchases are initiated by the user.
Available payment methods, include but are not limited to, credit and debit cards.
Provider itself doesn’t store any payment information or process payments. Distribution platforms, payment solution providers or their contractors are solely responsible for the payment processing.
Refunds for the in-app purchases are generally not provided.
Privacy
By using Uniti you acknowledge that Provider will process your personal data to the extent necessary for providing the services according to this Agreement. All information, including the extent and the manner of processing your personal data is included in the “Privacy Policy”, which forms an integral part of the Terms.
You can withdraw given consents regarding personal data processing at any time within the Uniti application.
Warranties and Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, AND PROFITS, PROPERTY DAMAGE OR OTHER INTANGIBLE OR ECONOMIC LOSS, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE UNITI AND INTEGRATED THIRD-PARTY SERVICES, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, CANCELLATION OR MODIFICATION, HACKING ATTACKS, FAILURE, MALFUNCTION OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF UNITI OR INTEGRATED THIRD-PARTY SERVICES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE PROVIDER’S LIABILITY FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL PROVIDER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY U.S. DOLLARS ($50.00). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE UNITI APPLICATION AND INTEGRATED THIRD-PARTY SERVICES IS AT YOUR SOLE RISK AND THEREFORE THE ENTIRE RISK, IN PARTICULAR AS TO SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY AND EFFORT, REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE UNITI APPLICATION AND INTEGRATED THIRD-PARTY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND EXCEPT AS SET FORTH IN THE PRESENT TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.
Indemnification
You agree to indemnify and hold Provider, its directors, officers, employees and other representatives, harmless from any and all third-party claims arising out of your use of Uniti and integrated third-party services, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys’ fees.
Third-party Services
Uniti or its parts may integrate or otherwise include third-party services or content such as Facebook Login, Google Login or Stripe API. You acknowledge that also other terms and conditions than these Terms may apply to your use of such third-party services (including privacy policies) and that Provider does not guarantee availability of such services and content. You must agree and comply with any applicable third-party terms when using Uniti. The mere fact that Uniti integrates or otherwise includes third-party services or content does not constitute an endorsement of Uniti by respective third parties.
iOS Platform
If you are an iOS device user, the terms in this section also apply to you:
You acknowledge that the Terms are concluded between you and Provider only, not with Apple, and that Provider, not Apple, is solely responsible for Uniti application and the content thereof, excluding user content.
The license granted to you must be limited to use Uniti only as permitted by the Usage Rules set forth in the App Store Terms of Service, except that Uniti may be accessed and used by other accounts associated with the purchaser via Family Sharing.
Provider and not Apple is solely responsible for providing any maintenance and support services with respect to Uniti. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Uniti.
In the event of any failure of Uniti to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Uniti, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of Provider.
Provider, not Apple, is responsible for addressing any your or third-party claims relating to Uniti or your possession and/or use of Uniti, including, but not limited to, product liability claims, any claim that the Uniti fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.
You acknowledge that, in the event of any third-party claim that Uniti or your possession and use of Uniti infringes that third party’s intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
Export Control
You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country and you are not listed on any U.S. Government list of prohibited or restricted parties.
Governing Law and Disputes
Unless otherwise required by a mandatory law of any jurisdiction, the Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall be governed by the laws of the United States of America. All court disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered office of Provider.
Severability
If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest to the original intent and purpose.
Language
We agreed on English as a primary language of communication between you and the Provider. All information about Uniti is available in the English language. The Terms are available in the English language only. English shall be also the binding and controlling language for the additional agreements concluded pursuant to the Terms.
Complaints and Contact Information
Your questions, complaints or claims with respect to Uniti should be directed to:
WEBCRAFT4U, LLC, Tax ID No.: 81-4603769, with its registered office at 300 Gardens Edge Drive Unit 321, 34285 Florida, USA
Mail: hello@uniti-app.com