License agreement

General Provisions

This License Agreement must be interpreted and applied in conjunction with the Terms and conditions of Use (https://plazmastudio.com/en/terms-of-use/) and Privacy Policy (https://plazmastudio.com/en/privacy-policy/) of Plazma Studio.

By downloading and using the Applications developed by Plazma Studio (hereinafter referred to as the “Application”), you agree to the terms and conditions of this License Agreement, Terms and conditions of Use and Privacy Policy. Do not download the Application if you do not agree with the terms and conditions and conditions set by Plazma Studio, and if you have already downloaded the Application, then delete it immediately.

This License Agreement does not govern your relationship with third parties that arise in the process of downloading and/or gaining access to distribution services (for example, Apple).

License Grant

Dream Plazma Studio grants you under this License Agreement a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable license to: (a) download and install the Application on a device that you own or otherwise have permission and control, (b) use the Application only for non-commercial, entertainment purposes. If you fail to comply with such terms and conditions, this License Agreement will terminate immediately and you will lose all rights to the Application. You may not rent, lend, sell, distribute, or sublicense the Application to anyone or anything.

The License takes effect when you download and install the Application, and automatically terminates when you uninstall the Application or this License Agreement is terminated. The terms and conditions of this License agreement will govern any updates provided by Plazma Studio that replace or supplement our Application or Services (such as Add-ons), unless provided in a separate License Agreement (or otherwise specified).

Ownership of the Application

The Application is wholly owned by Plazma Studio and Plazma Studio is therefore protected by its intellectual property both in the Ukrainian and abroad. You acknowledge that you have no claim to ownership of the Application or anything contained in or part of the Application (including but not limited to images, sounds, text, or other components created by Plazma Studio within the Application). The license granted to you in accordance with this License Agreement does not give you ownership of any aspect of the Application, but only grants you the right to use the Application and Services in accordance with this License Agreement, Terms and conditions of Use and Privacy Policy.

Licensing Limitation

By downloading/using the Application, you agree that you are prohibited from:

(a) in whole or in part copy, adapt, modify, reproduce, create derivative works based on or reverse engineer, extract the source code, disassemble, decompile or otherwise attempt to discover the source code of the Application, except as required by applicable law;

(b) remove, blur, or otherwise obscure or modify any copyright, trademark, logo, or other notices in or on the Application;

(c) use or permit any unauthorized third party software that intercepts or otherwise collects information through the Application;

(d) intercept, mimic or redirect the communication protocols used by the Application in any way and for any purpose;

(e) facilitate, create or maintain any unauthorized connection to the Application;

(f) use the Application to create a product, service or software that directly or indirectly competes with or in any way replaces any service, product or software offered by Plazma Studio;

(g) use the Application to send automated requests to any website or to send unsolicited commercial email messages; or

(h) use any confidential information or Plazma Studio interfaces or other Plazma Studio intellectual property in the design, development, production, licensing or distribution of any applications, accessories or devices for use with the Application.

To comply with this License Agreement, you must, among other things, comply with all applicable laws (including copyright and trademark laws). You must also comply with applicable third party terms and conditions of agreement when using the Application.

Termination

This License Agreement is effective until terminated, and you understand that Plazma Studio may terminate this License Agreement at any time, effective immediately, if you violate any of the provisions of the License Agreement, Terms and conditions of Use and/or Privacy Policy.

You may terminate this Agreement at any time by: (i) deleting the Application in your possession or control, or (ii) requiring you to delete your Plazma Studio account if created. Plazma Studio may terminate this License Agreement at any time for any reason or without, with or without notice. If you violate the terms and conditions of this License Agreement, this License Agreement will terminate immediately without prior notice.

In-App purchases are not refundable under any circumstances.

Limitation of Liability

PLAZMA STUDIO SHALL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO ANY REASON OUTSIDE REASONABLE CONTROL OR FOR A POWER SUPPLY, INTERNET OR COMPUTER EQUIPMENT FAILURE.

PLAZMA STUDIO SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES THAT YOU MAY RECEIVE DUE TO THE USE OF THE APPLICATION AND SERVICES. THIS PROVISION INCLUDES WITHOUT LIMITATION ANY LOSS OF PROFITS WHICH COULD BE OCCURRED BY ANY REASON, AS WELL AS ADDITIONAL FINANCIAL LOSSES THAT COULD OCCUR.

HOWEVER, PLAZMA STUDIO’S LIABILITY UNDER NO CIRCUMSTANCES EXCEEDS THE AMOUNT PAID BY YOU FOR THE PURCHASE OF THE APPLICATION AND/OR ANY OTHER PURCHASE MADE BY YOU FROM YOUR ACCOUNT.

Disclaimer of Warranties

PLAZMA STUDIO DOES NOT WARRANT: (1) THE IMAGES OR ANY OTHER CONTENT AND THE FUNCTIONALITY OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE (HEREINAFTER – “DEFECTS”); (2) THAT THE DEFECTS WILL BE FIXED; (3) THAT THE APPLICATION DOES NOT CONTAIN VIRUSES OR OTHER HARMFUL CODE; OR (4) THE APPLICATION OR SERVICES AVAILABLE THROUGH THE APPLICATION WILL BE CONTINUOUSLY AVAILABLE.

PLAZMA STUDIO SHALL NOT BE RESPONSIBLE FOR THE FOREGOING ISSUES.

PLAZMA STUDIO DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, NON-MEETING YOUR EXPECTATIONS, FITNESS FOR A PARTICULAR PURPOSE, NAME, QUALITY, APPLICATION AND SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL ERRORS”.

YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. IF YOU ARE NOT SATISFIED WITH THE APPLICATION AND/OR ANY SERVICES AVAILABLE THROUGH THE APPLICATION, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE APPLICATION BY REMOVING IT.

Applicable right

This License Agreement and any claims arising out of your use of the Application will be governed by and construed in accordance with the laws of Ukraine. All proceedings will take place in Kharkiv, Ukraine. This License Agreement is not governed by the provisions of the UN Convention on Contracts for the International Sale of Goods.

However, notwithstanding any other provision of this Agreement, we may seek injunctive relief or other fair protection from any court of competent jurisdiction.

Regardless of any law, you may file any claim or take other actions related to the use of the Application or this License Agreement within one year after such claim arises. Otherwise, you waive the claim or other remedies.

Waiver of class actions

You agree not to file or participate in a class or representation action, a private complaint filed with the attorney general, or collective arbitration related to the Application/Services or this License Agreement.

Other provisions

If any provision of this License Agreement is found to be invalid or unenforceable under applicable law, that provision will be deleted and the remainder of the License Agreement will remain valid and enforceable unless expressly stated.

Our failure to exercise or enforce any rights or provisions of this License Agreement does not constitute a waiver of such right or provision.

This License Agreement will be binding and will act in the best interests of the parties, their successors and authorized successors.

Confirmation

You hereby acknowledge that you have read, understood and agree to this License Agreement, and acknowledge that by clicking “I accept” on the screen or any other button as part of the distribution channel to download the Application or install, you agree to this License agreement.