TERMS OF USE

Accepting the Terms

These Terms of Use («Terms») published by Neosight Group, LLC  apply to access and use of the current Application, and all other products (hereinafter referred to «App», «App», «Service» ) and services providing by us(the “наименование компании”, “Company”, “us”, “we”). By downloading, using, registering, viewing, submitting content or using other access and/or using our products, you agree to the Terms below. You may only use our products if you have read, understood and accepted the Terms and the Privacy Policy.

Eligibility

The Service is designed for use by people who are at least 16 years old. If you are not yet 16, then you can’t use the Service. If you are 16 or older, you promise to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.

Amendments to this Agreement

These Terms of Use may be amended by us from time to time and we reserve the right to do so at any time. When we amend these Terms of Use, we will provide notice to you. We may provide you notice of amended Terms of Use by sending an email to the email address associated with your user account (if you have chosen to provide an email address) or by otherwise providing notice through our Service. Any amendments to the Terms of Use will be posted here and the date indicated on the top of the Terms of Use will state the date the Terms of Use were last revised.

Continued use of the app after any amendments to the Terms of Use and after we have provided you notice of the amended Terms of Use constitutes your acceptance of the new Terms of Use. If you do not agree to the Terms of Use, you may not access or use the Services and should therefore immediately cease any use of the Services.

Force Majeure

In the event either party is unable to perform its obligations under the terms of this Agreement due to an event, occurrence, or contingency beyond its reasonable control, including but not limited to: acts of God, earthquakes, strikes, pandemics, riots, war, or governmental requirements, such party shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Non-Waiver

You agree that if we do not exercise or enforce any legal right or remedy which is contained in the Terms or is otherwise entitled to will not constitute a formal waiver of our rights and that those rights or remedies will still be available to us.

Privacy and your Personal Information

We take your privacy very seriously. We share your personal information only on a few rare occasions explained in our Privacy Policy. For example, we might need to share your data with law enforcement authorities. By using the Service, you agree to the collection and use of information about you and your use of the Service in accordance with our Privacy Policy.

Description of the Service
The App is an application that allows individuals who care about health and water balance. The App helps to drink water regularly, adjust the consumption schedule to the norm that the body is supposed to, and track performance over time.

The main functions of the application is:

• calculation of the daily rate of water;
• quick addition of a drunk portion of water in just 2 clicks;
• selection of a drink from the list of the most popular;
• the ability to change the volume of a serving of drunk water;
• tracking the process of reaching the daily norm on a convenient pie chart;
• step-by-step daily report of adding portions of water with the ability to edit the volume, drink and time of addition;
• monthly statistics chart and key indicators;
• % of the daily norm for the last week;
• convenient notifications about the need to drink water with a simple schedule setting.

Each individual using the App is a “User,” and the Users use the functionality provided in the App.

Particular Services specified hereinabove may be not available to you as certain types/versions of your mobile device operating system do not provide the App with the access to the data within your device necessary for enabling the availability of such Services.

Considering the information specified above, Company undertakes best possible efforts to ensure the correct functioning and operation of the App, the Services or any part thereof taking into account the provisions specified under the sections of Terms of Use.

Services and Content Use Restrictions.

You agree that you will not engage in any activities, including, without limitation, the uploading, posting, emailing, or transmitting of Сontent of the App that:

• attempt to or do harm to us, the Services, including any specific functionalities of our products and/or services, or any others;
• are unlawful, false, inaccurate, misleading, offensive, obscene, lewd, violent, harassing, threatening, abusive, tortious, defamatory, invasive of another’s privacy, or are otherwise objectionable to us, in our sole discretion; or
• violate any right of any third party, including, without limitation, the uploading, posting, emailing, or transmitting of the Content that violates another person’s intellectual property right, right of publicity, trade secret right, or other proprietary right;

You shall not disparage Company's performance, or distribute any false or misleading statement or otherwise take any action which could reasonably be expected to adversely affect the personal or professional reputation of Company or Company’s employees/contractors.

You shall not reverse engineer, disassemble, or modify any source or object code or any software or other products, services, or processes accessible through the Services, including any specific functionalities of our products and/or services, install any software, file, or code on the Services that is not authorized by Company, or attempt to do so.

You shall not republish, sell, rent, sub-license, reproduce, duplicate, copy or redistribute material/Content from the App.

You shall not engage in any activity that interferes with a user’s access to the Services or the proper operation of the Services.

You shall not access or collect information from the Services using automated means (such as through scripts, robots scrapers, or spiders).

You shall not use any meta tags or other “hidden text” utilizing any of our Trademarks.

You shall not interfere with or circumvent any security feature of the Services or any feature that restricts or enforces limitations on the use of or access to the Services, any specific functionalities of our products and/or services, or its Content.

You shall not use the Services for commercial or political purposes.

You shall not take any action that:

• imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique;
• disclose, harvest, or otherwise collect information, including email addresses, or other private information about any third party without that party’s express consent; or
• otherwise violate these Terms, or solicit, encourage, or facilitate anyone else to do so.

ILLEGAL USE OF THE SERVICES WILL BE INVESTIGATED AND YOUR LIABILITY WILL BE ESTABLISHED AND REPORTED TO THE COMPETENT AUTHORITY.

Third-party Advertising

We allow third parties to display their advertisements within the App to show you  offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizationThird-party advertisements may be textual, graphical, visual, audiovisual and in any other forms applied. Third-party advertisements may be limited by time or by action.  

You are able to skip third-party advertisements limited by action after the compulsory time of advertisement displaying has left by clicking the skip button. Compulsory time of advertisement displaying may vary depending on the agreement between Company and third party. Skip button may be located in any place on or near the advertisement. The Skip button may be named “Skip” or have any other relative name. You are not able to skip the third-party advertisements limited by time. Third-party advertisements limited by time end after the advertisement displaying time is over. All third-party advertisements are displayed permanently and you cannot fully disable the third-party advertisements from the App.

Third-party advertisements may be displayed every time during your use of the “Add” button. Several third-party advertisements may be displayed in a row.

Third-party advertisements shall not constitute, contain or promote:

• Illegal or unsafe products, services or activities or products, services, or content that exploit, mislead, or exert undue pressure on the age groups targeted;
• discrimination against people based on race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition;
• tobacco products and related paraphernalia;
• sale or use of illegal, prescription, or recreational drugs;
• sale or use of weapons, ammunition, explosives or weapon modification accessories;
• sale or use of adult products or services, except for ads for family planning and contraception targeted to people 18 years or older;
• nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative;
• content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights;
• shocking, sensational, inflammatory or excessively violent content;
• content that asserts or implies personal attributes;
• products or services that are designed to enable a user to engage in cheating or deceitful practices;
• profanity or unappropriated slang;
• deceptive, false, or misleading claims;
• sale of human body parts or fluids.

Third parties are responsible to ensure the advertisements comply with the requirements provided hereinabove. Company has no responsibility for the content or availability of third-party advertisements. You hereby agree to waive claims, demands or lawsuits arising out of, related to or connected with the third-party advertisements displayed within the App.

We use your personal data collected by a special software developer kit (like Admob) to help determine which ads to show you. We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission.

Personalized ads

Personalized ads, also called targeted ads, on the app are chosen based upon who you are, making them more relevant to what interests you.

As a user, if you’d rather not see these kinds of ads from our app, you can change your preferences by your personal google account https://adssettings.google.com. Keep in mind that ads will still appear, just not ones that are based on your interests and preferences.

Governing Law and Forum for Disputes

This Agreement, and your relationship with the app under this Agreement, shall be governed by the laws of the State of Delaware(USA). However, if you are based outside the State of Delaware(USA), the additional consumer rights and protections you are entitled to under the laws of the country in which you are based will also apply.

In the event of any dispute which you are not able to resolve by contacting us, you can bring legal proceedings in the courts.

Ownership.

As between us and you, the App and Services, including any specific functionalities of our Services (including past, present and future versions) are owned and controlled by us and their Content is protected by the laws of the  the State of Delaware(USA) and international copyright, trademark, trade dress, patent, and other intellectual property rights and laws to the fullest extent possible.

“Content”  means all text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, artwork, and computer code displayed on or available through the Services and the design, structure, selection, coordination, expression, and arrangement of such materials including, without limitation:

• materials and other items relating to us and our products and services, including, without limitation, all activities, games, lesson plans, teacher trainings, printables, characters, photographs, audio clips, sounds, pictures, videos, and animation;
• trademarks, logos, trade names, service marks, and trade identities of various parties, including ours (“Trademarks”); and
• other forms of intellectual property.

Contact Us

If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at nsm.applications@gmail.com .

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.The term "including" in this Agreement means "including but not limited to."

LIMITATION OF DAMAGES; RELEASE

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEOSIGHT GROUP, LLC, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH NEOSIGHT GROUP, LLC  OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEOSIGHT GROUP, LLC HAS 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. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.

WARRANTY DISCLAIMER

THE APP AND SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NEOSIGHT GROUP, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEOSIGHT GROUP, LLC MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR

 DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.