TERMS OF SERVICE

Aldoo Ltd. v1.4, updated June 2021

These Terms of Service (the “ Terms ”) govern your use of our software, games, mobile applications („ Apps “), products, websites (including our domains provided by us) and services, features, and contests that we provide to you (collectively, “ Services ”) of Aldoo Ltd., a company duly incorporated under the laws of the United Kingdom, registered with the Companies House under company No. 12755836, with registered office address at:  The Archive Centre Honeywood Road, Whitfield, Dover, Kent, United Kingdom, CT16 3EH (“ Aldoо ”, the “ Company ”, “ we ”, “ us ”, “ our ” and terms of similar meaning). By using our Services, you agree to be bound by and comply with these Terms and our Privacy Policy, which you can review at https://aldoo.co.uk/privacy-kids .  If you do not agree to these Terms or our Privacy Policy, do not use our Services. The Terms apply regardless of the device used to access the Services, including without limitation a personal computer, mobile device, consumer electronics device, or any other technology or software known today or developed in the future.

In these Terms, we refer to the users о f the Services and the casual browsers as “User/s” or “user/s”.

Please read these Terms carefully before downloading or using the Apps or any of our Services . These Terms represent a binding legal agreement between you (and any other entity on whose behalf you accept these terms) and Aldoo (each separately a “ Party ” and collectively the “ Parties ”) as of the date you download any of our Apps or access https://aldoo.co.uk  (the “ Site ”) and its subdomains. Your use of the Apps is subject to these Terms and your use of the services rendered through the Apps will remain subject to the existing agreement governing such. These Terms apply to all visitors, users and others who access or use the Services.

BY ACCESSING OR USING THE APPS (INCLUDING THEIR CONTENT), AND/OR PRODUCTS AND/OR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS THAT FOLLOW, TO ANY POLICIES THAT MAY BE ADDED TO THEM, AND TO ANY REVISIONS OR CHANGES THAT THEY MAY BE THE SUBJECT OF. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, OR YOU DO NOT WISH TO BE BOUNDED BY THEM, DO NOT USE THE APPLICATION, PRODUCTS OR SERVICES.

1. Eligibility: You must be at least 16 years of age (or the age of legal majority where you live, e.g. 13 for U.S. residents) to access or use the Services.

If you are under the age of 16, you confirm that you are: (i) at least 13 years of age (for U.S. residents), (ii) either an emancipated minor or possess legal parental or guardian consent for using our Services, including making any payments that you authorize in our Services, and (iii) are fully able and competent to comply with these Terms and our Privacy Policy.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OF OUR SERVICES, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY IN RESPECT OF YOUR CHILD’S USE OF OUR SERVICES. YOU ALSO AGREE THAT ANY PAYMENTS AUTHORIZED BY YOUR CHILD SHALL BE YOUR SOLE RESPONSIBILITY AND LIABILITY. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

If you are accepting these Terms and using our Services on behalf of a company, organization, government or other legal entity, then “you” includes you and that entity, and you confirm that you are authorized to bind that entity to these Terms and our Privacy Policy, and you agree to these Terms and our Privacy Policy on that entity’s behalf.

Proof of compliance to these criteria may be requested upon access to all (or some) Services, in the form of identification details or contact information.  If we determine that a User is under the required age, we will terminate that User’s use of the Services.

2. Privacy : Please refer to our Privacy Policy  (an integral part of the present Terms) for information about how we collect, use and disclose information about you. By using the Services, you agree to our use, collection and disclosure of personally identifiable information in accordance with the Privacy Policy.
3. Your Account:  Your use of the Services does not require creation of any user account.
4. Conduct through the Services:     You are solely responsible for your conduct through the Services and agree that you will not:

1. Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Services any:

• pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
• material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by Aldoo in its sole discretion;
• material or User Content (defined below) or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;
• files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Site, the Apps and the other Services, other users’ access to the Site, the Apps or the other Services and/or other users’ computers.

1. Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.
2. Violate any applicable laws or regulations, or promote or encourage any illegal activity.
3. Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or an Aldoo representative.
4. Gain or attempt to gain unauthorized access to the Services.
5. Engage in fraudulent transactions.
6. Use the Services for any form of wagering or gambling.

1. Content: The content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, videos, sound files, other files, and their selection and arrangement, is called “Content”. А ll Content and all software available on or in respect of the Services or used to create and operate the Services (including, without limitation, the Apps and their API) is the property of Aldoo or its licensors.

1. Intellectual Property: All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, domain names, social media identifiers, designs, whether registered or unregistered) within the Services, materials, information and Content on the Apps or accessed as part of the Services, any database operated by us, all Site’s and Apps’ design, text, graphics, software, API, photos, video, music, sound, data, all software compilations, underlying source code and software (including applets and scripts), and all their selection, coordination, arrangement and enhancement shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any ownership or title to any such property. All rights are reserved. Moreover, you are only allowed to use such material in the manner described in the Terms, and no other. You will not copy, reproduce, distribute, commercially exploit nor in any form benefit/profit from such materials or contents, nor will you  assist/facilitate any third party in actions such as the ones mentioned above.

Moreover, if you become aware of any such distribution or commercial exploitation, you agree to notify us immediately.

2. Licenses: Subject to the strict compliance with these Terms,   Aldoo grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only for video content), display, view, use, and play the Content (excluding source and object code, other than as made available to access and use to enable display and functionality) solely through the Apps on a personal computer, mobile phone or other wireless device, or other Internet enabled device  (each, a “ Device ”). We and our licensors and certain other third parties, as the case may be, retain ownership of such Content. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, (ii) may be immediately suspended or terminated for any reason, in Aldoo’s sole discretion, and without advance notice or liability; (iii) does not permit you to use any Content outside the functionality of the Services; (iv) does not permit you to modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page caching) except as expressly permitted in these Terms; and (v) does not permit you to remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content.

Any use of the Services or the Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under these Terms and this agreement.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by Aldoo at any time.

You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law in Canada, the United States, and any country in which you are using the Services.

3. Third Parties: We do not endorse and shall not be held responsible nor liable for any content, advertising, product or service on or available through third-party websites. Any transactions between you and any third party found on or via the Apps or the other Services, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between you and the entity in question. Therefore, we are neither responsible nor liable for any loss/damage of any sort, incurred in such dealings.

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

4. In-App Purchases

1. The Apps may include in-app purchases that allow you to buy things such as virtual currency, items, lives, boosters, etc. to use within the Apps (“ In-App Purchases ”). If it does, it will not be necessary to make any In-App Purchase in order to complete a game provided through the Apps. Whilst you cannot switch off In-App Purchase from being offered to you within the games, provided through the Apps, and there is no cap on the number of In-App Purchases you can make, you can switch off/manage your ability to complete In-App Purchases by altering the settings on the device you use to play the Apps (please see item 9.3 for more details). You acknowledge and agree that you are fully responsible for managing your In-App Purchases and the amount you spend on In-App Purchases within the Apps.
2. If you are under the age of 18 you must have your parents’ or guardians’ permission to make any In-App Purchase. By completing an In-App Purchase, you are confirming to us that you have any and all permissions that may be necessary in order to allow you to make that In-App Purchase.
3. More information about how you may be able to switch off and/or manage In-App Purchases using your device may be set out in the App Store Provider's terms and conditions/EULA, in your device settings or online. If you are a parent or a guardian of someone under the age of 18 we recommend that you consider any parental controls that may be provided by the App Store Provider if you are concerned that your child may take excessive In-App-Purchases.
4. In-App Purchases can only be consumed within the Apps. If you make an In-App Purchase, that In-App Purchase cannot be cannot be canceled after you initiate its download. In-App Purchases cannot be redeemed for cash or other consideration or otherwise transferred. If you make any In-App Purchases in the Apps, then the App Store Provider's terms and conditions/EULA applicable to In-App Purchases will also apply.
5. If any In-App Purchase does not successfully download or does not work once it has been successfully downloaded, we will, after becoming aware of the fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement In-App Purchase or issue you with a patch to repair the fault. In no event we will charge you further to replace or repair the In-App Purchase. In the unlikely event that we are unable to replace or repair the relevant In-App Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the App Store Provider to refund you an amount up to the cost of the relevant In-App Purchase. Alternatively, if you wish to request a refund, you may do so by contacting the App Store Provider directly.
6. You acknowledge and agree that all billing and transaction processes are handled by the App Store Provider from whose platform you downloaded the Apps and are governed by the App Store Provider's terms and conditions/EULA. If you have any payment related issues with In-App Purchases, then you need to contact the App Store Provider directly.

5. Consent   to Electronic Communications and Solicitation:  By downloading the Apps, you authorize Aldoo to send you (including via email and push notifications) information regarding the Services and the Apps, such as: (a) notices about your use of the Apps, including notices of violations of use; (b) updates to the Apps and new features or products; (c) reminders and (d) promotional information and materials regarding Aldoo's products and services.  You can review Your account notification settings and adjust your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging.
6. No Included Maintenance and Support:  Aldoo may deploy changes, updates, or enhancements to the Services at any time. Aldoo may provide maintenance and support for the Appls, but has no obligation whatsoever to furnish such services to you and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the App.
7. Advertisements and Promotions: Aldoo may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Aldoo, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Aldoo is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
8. No Warranty:  YOUR USE OF THE APPLICATION, SERVICES, SOFTWARE (INCLUDING WITHOUT LIMITATION, ALDOO’s API), AND CONTENT (COLLECTIVELY, THE “ALDOO SOLUTION”), AND ANY THIRD-PARTY MATERIALS OR THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK, AND EXCEPT AS DESCRIBED IN THIS AGREEMENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALDOO, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR CONDITION THAT THE ALDOO SOLUTION OR THIRD PARTY MATERIALS OR THIRD PARTY SERVICES ARE OR WILL (A) BE FIT FOR A PARTICULAR PURPOSE, (B) BE OF GOOD TITLE, (C) BE OF MERCHANTABLE QUALITY; OR THEY DO NOT OR WILL NOT INTERFERE WITH OR INFRINGE OR MISAPPROPRIATE ANY INTELLECTUAL PROPERTY RIGHTS. FURTHERMORE, THE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED AS TO THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE INVOICENA SOLUTION. INVOICENA, ITS SUBSIDIARIES AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE ALDOO SOLUTION IS OR WILL BE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, DATA LOSS, ERRORS, THEFT OR DESTRUCTION.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

ALDOO, ITS SUBSIDIARIES AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

9. Limitation   of Liability; Indemnity: You waive and shall not assert any claims or allegations of any nature whatsoever against Aldoo, its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “ Released Parties ”) arising out of or in any way relating to your use of the Aldoo Solution or any third party materials or third party services, including, without limitation, any claims or allegations relating to infringement of proprietary rights, or allegations that any Released Party has or should indemnify, defend or hold harmless you or any third party from any claim or allegation arising from your use or other exploitation of the Aldoo Solution or any third party materials or third party services You use Invoicena Solution or any third party materials or third party services at your own risk.

Without limitation of the foregoing, neither Aldoo nor any other Released Party shall be liable for any direct, special, indirect, incidental, exemplary, punitive, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Aldoo Solution or any third party materials or third party services, including without limitation any damages caused by or resulting from your reliance on the Aldoo Solution or any third party materials or third party services or other information obtained from Aldoo or any other Released Party or accessible via the Aldoo Solution or any third party materials or third party services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Aldoo Solution or any other Released Party’s records, programs or services.

In no event shall the aggregate liability of Aldoo, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Aldoo Solution exceed any compensation paid by you for access to or use of the Aldoo Solution during the three months prior to the date of any claim. In no event shall Aldoo have or incur any liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use any third-party materials or third-party services.

You shall defend, indemnify and hold harmless Aldoo and the other Released Parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Apps and the Services or any third-party materials or third-party services, including any claims made by any person that any of your, User Content infringes the rights, including the intellectual property rights, of any third party (collectively, “Indemnified Claims”). Aldoo reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Indemnified Claims. You agree to reasonably cooperate as requested by Aldoo in the defense of any Indemnified Claims.

5. Termination/Modification of License and Site Offerings: Notwithstanding any provision of these Terms, Aldoo reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
6. Termination of Agreement: You and Aldoo may terminate your use of the Services including your agreement to these Terms at any time. When your use of the Services is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Apps (if any) such as blog, forum, or product reviews, which may remain on the Apps after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes. Also, we will terminate our services to you, at our sole discretion, if you engage in a conduct which we determine to be unacceptable as described under article 4 above.
7. Severability: If any court or regulator decides that any provision of these Terms is invalid or otherwise unenforceable, such provision shall be severed and deleted from these Terms and the remainder terms and conditions shall continue to have full force and effect.
8. Governing Law and Dispute Resolution: This document is drawn up and will be interpreted in accordance with the law of England and Wales.

Any disputes arising out of or relating to these Terms or any additional agreements thereto, including disputes arising out of or relating to interpretation, invalidity, non-performance or termination, shall be resolved by mutual consent. If no agreement is reached, disputes will be resolved by court order, in accordance with the provisions of the law of England and Wales.

9. Contact Us: If you have any questions about these Terms or comments and suggestions to some or all of the conditions and policies stated on the present Terms, please contact us at: privacy@aldoo.co.uk  
10. Changes of the Terms : Aldoo reserves the right to, at any time, modify these Terms, at its own discretion, to take into account legal, industry-related, or any other changes in the status quo. The latest updated version of these Terms agreement is available at […].
    

Unless otherwise specified, any changes or modifications of the Terms will be effective immediately upon posting of the revised Terms on the Site, and your continued use of the Services after such time will constitute your agreement to be bound by such modified Terms. You should from time to time review the Terms and any policies and documents incorporated in them to understand the terms and conditions that apply to your use of the Services. The Terms will always show the ‘last updated’ date at the top.