Terms and Conditions (“Terms”)

Last updated: November 30, 2018

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the GamE-blyopia mobile application (the “Service(s)”) operated by Minian Software Ltd. (“Minian Software”, “us”,”we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms.  If you disagree with any part of the Terms then you may not access the Service.

YOU SHOULD BE AWARE THAT MINIAN SOFTWARE LTD. IS NOT A PROVIDER OF MEDICAL ADVICE AND THE SERVICE IS NOT A MEDICAL DEVICE.  BEFORE YOU TAKE ANY ACTION THAT MAY AFFECT YOUR HEALTH OR SAFETY OR THE HEALTH OR SAFETY OF YOUR FAMILY, PLEASE CONSULT WITH A PROFESSIONAL. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR MEDICAL EMERGENCY SERVICES OR YOUR HEALTHCARE PROVIDER IMMEDIATELY.

Premium Services

Minian Software may also offer you additional services (“Premium Services”), which may include additional features of the Service. Premium Services are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (
“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

If your agreement to purchase a Subscription includes an “auto renewal” feature, you agree that you may only terminate such auto renewal in accordance with the processes described below under “Terms of Payment” or as may be specifically set forth on the relevant App or related webpage. You acknowledge and agree that you will not have any right to a refund in the event that Premium Services are temporarily unavailable for technical or other reasons, or that Minian Software changes the Premium Services that you purchased, terminates any feature or functionality of such services, begins to offer such services to other users without charge or makes any other changes. YOU UNDERSTAND THAT YOU MAY NOT RECEIVE A REFUND OF ANY AMOUNTS EXCEPT IN EXCEPTIONAL CIRCUMSTANCES, AND THEN ONLY THROUGH THE APPLE, GOOGLE, OR AMAZON SYSTEM YOU USED TO PURCHASE THE SUBSCRIPTION. Furthermore, in the event that your access to the Service is terminated or suspended for any reason (e.g., in connection with a material breach of these Terms or based on the discretion of Minian Software), any unearned subscription payments will be forfeited unless the Company decides to pay a refund in its sole and absolute discretion.

Minian Software reserves the right to discontinue the Services (including Premium Services) or to change the content of the Services (including Premium Services) in any way and at any time, with or without notice to you, without liability.

Terms of Payment

The terms of any agreement to pay for any Premium Services will be explained on the payment page on our mobile app, where you will confirm the particulars of your agreement. Some purchases will automatically renew. Any additional terms of any purchase including an automatic renewal are explained below or will be explained on the purchase page, which are incorporated herein.

You will pay for premium services through the Apple, Google, or Amazon system through which you obtained the relevant App upon confirmation of purchase. You agree to pay all charges you subscribe for through the Services using this system.

Automatic Renewal/Free Trial Periods. Unless specifically noted at the time you purchase a subscription for Premium Services, that subscription will continue indefinitely until cancelled by you. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period (“Auto Renew”), and your account will be billed the price you agreed to when subscribing during the 24-hour period prior to the expiration of your then current period, unless you turn off the auto-renewal at least 24-hours prior to the end of the current period. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in to the Apple, Google, or Amazon system that you used to purchase the Subscription and go to your AppleID/Google/Amazon settings. You must go to those settings to change your subscription. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term and your subscription will not be renewed thereafter. However, you won't be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. It is your responsibility to track when subscriptions commence and renew.

By subscribing, you authorize the Apple, Google, or Amazon system to charge your account at such time and again at the beginning of any subsequent subscription period, including any sales or similar taxes imposed on your subscription payments. Upon the renewal of your subscription, if you do not make the required payment, you agree that Minian Software may either terminate or suspend your subscription and ask Apple, Google, or Amazon, as appropriate, to continue to attempt to charge your account until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received). Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.

Intellectual Property

All content, design, graphics, compilation, magnetic translation, digital conversion and other matters making up the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Minian Software or one of its affiliates. Use of the Services does not give you ownership of any intellectual property rights in any of the Content, documents or other materials you access. Our posting of information or materials on the Services does not constitute a waiver of any right in such information and materials. You may not copy, redistribute or publish any part of the Services unless we expressly permit you to in these Terms.

Comments, Feedback, Suggestions, Ideas, And Other Submissions

Any material you transmit to Minian Software will be treated as non-confidential and non-proprietary. You hereby agree that Minian Software Ltd. shall own all copyrights to any comments, feedback, suggestions, ideas, and other submissions disclosed, submitted, or offered to Minian Software in connection with the use of the Services or otherwise and any chat, text, email or other communication with Minian Software. You agree that unless otherwise prohibited by law, Minian Software may use, sell, exploit and disclose such materials in any manner, without restriction and without compensation to you. For example, we may use such materials in a number of different ways, including displaying it on the internet, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms.

We do NOT Make Warranties Regarding the Services

Other than as expressly set out in this agreement, neither Minian Software nor any of our affiliates make any promises about the Services. We disclaim all warranties express or implied and all services are provided “as-is”. Minian Software makes no commitments about the reliability, availability, or security of the Services or their ability to predict your cycles and related transmission of sensitive data other than that it will use commercially reasonable efforts to protect your information as described in our Privacy Policy.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Minian Software.

Minian Software has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Minian Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Limitation Of Liability

In no event shall Minian Software, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Our Services would not be provided without these limitations and if you do not agree to these limitations, please do not use the Services. No advice or information you obtain from us through the Services or in support of the Services shall create any warranty, representation or guarantee not expressly stated in these Terms. Some regions do not allow the exclusion or limitation of incidental or consequential damages, so certain of the above limitations and exclusions may not apply to you. In the event, that notwithstanding the foregoing, Minian Software is found to have a liability to you, you agree that its aggregate liability for any cause whatsoever, and regardless of the form of action, will at all times be limited to the amount paid, if any, by you to Minian Software, with respect to use of the Services, or One Hundred US dollars, if greater. In addition, you specifically agree and acknowledge that Minian Software is not liable for any defamatory, offensive or illegal conduct of a third party.

Term And Termination

Unless terminated by Minian Software, these Terms will remain in full force and effect while you use any of the Services.

Statute of Limitations

You and Minian Software both agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, Terms or Privacy Policy must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred.

No Third Party Beneficiaries

These Terms are between you and Minian Software. No user has any rights to force Minian Software to enforce any rights it may have against any you or any other user.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.