Terms of Use and End User License Agreement
Last update : August 2023
1. INTRODUCE
These Terms of Use and End User License Agreement ( collectively , the "Agreement" ) , together with all documents referenced therein, constitute a ( " we", "our" or "our" ) regarding your access and use of the " CountCam application" mobile device software application Program ( "Application" ) entered into a legally binding agreement. App titles may vary in countries other than the United States and are subject to change without notice notice .
the application are expressly incorporated by reference into this document.
Please read this agreement carefully before downloading, installing or using the application.
You must read and understand this agreement, because by downloading, installing or using the application, you indicate that you have read, understood, agreed and accepted this agreement, and this agreement shall Effective the day you download, install or use the application. By using the application, you agree to be bound by this agreement.
If you do not agree ( do not accept ) this agreement, or you do not agree with at least one provision of this agreement, you do not have the right to access, download, install or use this application, and you must stop downloading and installing this application immediately, and delete ( delete ) the application from any mobile device that you own or control .
2. CHANGES TO THIS AGREEMENT
We reserve the right, in our sole discretion, to make changes or modifications to this agreement at any time and for any reason. We will update this Agreement at any time by notifying you of any changes, you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement for updates. if you are in Continued use of the Application after the date of posting of any amended agreement will bind you and be deemed to be aware of and have accepted the changes in any amended agreement.
3. NORMAL CONDITION
The app is designed to recognize similar objects depicted in your pictures and count them automatically. You can also save count results to access them later and correct the results manually . Check out the full list of features on the app's page in the app store.
4. PRIVACY POLICY
Your privacy is very important to us. Therefore, we have developed a Privacy Policy so that you can understand how we process, use and store information, including personal data. Access to the App and use of the Services are governed by the Privacy Policy. By accessing the App and continuing to use the Services, you are deemed to have accepted the Privacy Policy, in particular, You are deemed to have acknowledged the manner in which we process your information and the appropriate legal basis for the processing as described in the Privacy Policy. We reserve the right to modify the Privacy Policy at any time. If you disagree with any part of the Privacy Policy, you must stop using the Apps and Services immediately. Please read our Privacy Policy carefully.
5. END USER LICENSE AGREEMENT
By using the App, you undertake to respect our intellectual property ( intellectual property related to the App's source code, UI/UX design, content materials, copyrights and trademarks rights, hereinafter referred to as "intellectual property rights" ) and intellectual property rights owned by third parties.
As long as you continue to use the Application, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, Transferable and revocable rights ( "License" ) .
You may use our App solely for your own non-commercial purposes. You are bound to respect the copyrightedmaterial within the App, you cannot sell pictures available in the App.
The source code, design and content, including information, photographs, illustrations, artwork and other graphicmaterials, sounds, music or video (hereinafter - the "works") as well as names, logos and trademarks (hereinaftermeans of individualization*) within the Aon are protected by copvricht laws and other relevant laws and/orinternational treaties, and belong to us and/or our partners and/or contracted third parties, as the case may be.
All right, title and interest in and to the App, its content, works and means of personalization and its functionality (1) is owned by us and / or our partners and / or contractual The exclusive property of the third party, (2) is protected by applicable international and national laws, and (3) under no circumstances will it be transferred ( assigned ) to you in whole or in part within the scope of this agreement.
We will not hesitate to take legal action to protect and restore our rights against any unauthorized use of our trademarks, names or symbols. reserve All rights not expressly granted in this agreement. Other product and company names mentioned herein may also be the trademarks of their respective owners.
6. PROHIBITED BEHAVIOR
You agree not to use the application in any of the following ways :
- unlawful, illegal or unauthorized;
- slander another person;
- is obscene or offensive;
- Infringe any other person's copyright, database right or trademark;
- Advocate, facilitate or assist any illegal activity such as ( by way of example only ) copyright infringement or computer misuse.
You may not make the Application available to any third party. Further, you may not modify, translate into another language, reverse engineer, decompile, disassemble, or otherwise means to create derivative works from the Application or any documentation related to the Application .
You may not transfer, lend, rent, lease, distribute or use this application to provide services to third parties, nor shall you use any rights or interests in this application with this application Any documentation related to the program is licensed to third parties .
You may not, directly or indirectly, copy and / or reproduce and / or distribute and / or publish and / or use any content in the App in a manner that infringes our intellectual property rights. Additionally, you may not attempt to use the Application or portions thereof maliciously.
Also, we are not responsible for how you use the App.
It needs to be clarified that for users who violate this agreement, we may take any legal measures in accordance with applicable laws.
All disputes arising out of the use of the Application shall be governed by and construed in accordance with the laws of the United States of America and shall be submitted to the exclusive jurisdiction.
7. APP AVAILABILITY , SECURITY AND ACCURACY OF
In order to use the app, you need to have a compatible phone or tablet with internet access.
We do not guarantee that the application will be compatible with all hardware and software you may use .
We do not guarantee that your access to the application will be uninterrupted, timely or error-free.
You acknowledge that the App is provided over the internet and mobile networks and therefore the quality and availability of the App may be affected by factors beyond our reasonable control ring .
Versions of the App may be upgraded from time to time to add support for new features and services .
We may change or update the App and anything described in it without notice to you . If necessary, we may suspend access to the application, Or close it indefinitely.
You also warrant that any information you submit to us is true, accurate and complete, and you agree to keep it true at all times.
You can always choose the iTunes Related options in account settings to stop using our services. If for any reason you decide not to use the application, you should uninstall the application.
8. ALLEGATION
The application is provided free of charge. Once you download the app, you can use its basic functions. Access to some services and/or additional features within the App ("Premium options") requires paid subscriptions. Thefull list of Premium options and pricing are provided on the App's page. You may have an opportunity to try Premiumoptions during the free trial period as provided on the signup screen. After the free trial period expires an autorenewing subscription period will start on a regular basis. Please mind that you will be charged automatically unless youcancel your subscription at least 24 hours before the end of the free trial period.When you cancel your subscriptionyou will still have access to basic features of the App
You can choose from different subscription options. The prices of the different subscription options are shown in the information section of the application page. Prices are in U.S. dollars outside the U.S. / region may vary. Before purchasing, you will get all the necessary information about the subscription plan and the duration of the free trial period on the registration screen.
the free trial period will automatically renew to paid subscriptions. Any unused portion of a free trial period, if offered, will be forfeited when the user purchases a subscription ( if applicable ) . We reserve the right to modify, terminate or otherwise modify the subscription plans we offer at any time .
Your subscription will automatically renew within 24 hours before the end of the current subscription.
The auto-renew option can be turned off in iTunes account settings at least 24 hours before the end of the current subscription. Payment will be charged to iTunes Account at confirmation of purchase. Cancellation of the current subscription is not allowed during the active subscription period. Subscriptions are managed by you. Please note that deleting the app from your device will not deactivate your subscription.
Your communication service provider may charge you to download and/or access the application on your mobile phone or tablet device, so you should check with your operator for the terms of the agreement. This may include data roaming charges if you do so outside of your home country. All such costs are entirely your responsibility. If you do not pay a bill associated with your mobile phone or tablet device, then we assume you have the payer's permission before incurring any of these charges.
9.THIRD PARTY SITES AND RESOURCES
The Application may link you to other websites on the Internet and contract with third parties to provide certain services to you. We have no control over the content of any website or mobile application and are not responsible for the content of any website or mobile application from which links exist (unless we are the provider of those linked websites or mobile applications). These linked websites and mobile applications are provided "as is" for your convenience only, without warranty of any kind, express or implied, with respect to the information provided therein.
You acknowledge that you are solely responsible for all risks arising from your use of any third-party sites or resources
If you have any questions, concerns or complaints about this third-party website or mobile application (including but not limited to inquiries, concerns or complaints related to products, product orders, defective products and refunds), you must direct them to The operator of that third party website or mobile application.
10. DISCLAIMER OF WARRANTY
YOU AGREE THAT YOUR USE OF THE APP AND ITS SERVICES IS AT YOUR OWN RISK. ALL MATERIALS, INFORMATION, SOFTWARE, CONTENT INTEGRATED IN THE SERVICE AND APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICES, PRODUCTS OR MATERIALS PROVIDED HEREUNDER. WE DO NOT WARRANT THAT THE FEATURES CONTAINED IN OR THROUGH THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-
FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER MAKING THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT GUARANTEE THE 100% ACCURACY OF YOUR COUNTING RESULTS, MEASUREMENTS AND CALCULATIONS MADE USING THE APP.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR DIRECT OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN ANY WAY RELATED TO THE APPLICATION AND THE SERVICES PROVIDED BY THE APPLICATION. IN NO EVENT WILL WE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES. OR LOSS OF PROFITS OR REVENUE, EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION PROVIDED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE APP OR OTHERWISE. YOU ALSO EXPRESSLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR COSTS OR DAMAGES ARISING FROM PRIVATE OR GOVERNMENTAL LEGAL ACTIONS ARISING OUT OF YOUR USE OF ANY APPLICATION AND ITS SERVICES IN ANY COUNTRY
12. ABIDE BY THE LAW
You must represent and warrant that you are not located in a country embargoed by the U.S. government, or designated by the U.S. government as a "terrorist sponsor"; and (M) that you are not listed on any U.S. government list of prohibited or restricted parties.
13. THIRD PARTY BENEFICIARY
You acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have Third party beneficiaries to enforce this Agreement.
14. GOVERNING LAW AND CLAIMS
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA.
We make no representations that the app is suitable or available for use in other locations. Those who access or use the App from other jurisdictions do so at their own initiative and are responsible for compliance with local laws.
If you choose to access or use the Application from or within the United States, you are responsible for:
a. Make sure your actions are legal in the country: and
b. Your consequences and compliance with all applicable laws, rules, regulations, codes of practice, licenses, registrations, permits and authorizations.
Any claim shall be adjudicated exclusively in a court of competent jurisdiction in the State of New York, New York, USA, the applicable federal The law shall apply, without regard to choice of law principles.
If you wish to seek any relief from us, you agree to waive your right to bring a class action.
In the event of any dispute, allegation or claim (including any non-contractual claim) arising out of or in connection with the App and the Services provided by the App or this Agreement, you and we agree to send each other written notice providing a reasonable description of the dispute , and put forward proposals for resolving disputes. Notifications should be sent based on the most recent contact information. Within sixty (60) days of receipt of notice from the other party, you and us shall engage in dialogue to attempt to resolve the dispute, but neither you nor we are required to resolve the dispute on terms that we, in our sole judgment, are not satisfied with .
15. TERMINATION
We reserve the right, in our sole discretion, to terminate this agreement at any time and for any reason.
Upon any termination, (a) the rights and licenses granted to you in this Agreement will terminate; and (b) you must cease using the Application.
16. SEVERABILITY
If at any time any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect, then that provision shall be construed more narrowly so as to make it legal, valid and enforceable, or (if it is impossible to do to this point) delete. The other provisions of this Agreement shall continue to apply in full force and effect.
You may not assign, assign or intend to assign, assign the contract between you and us to any other person.
17. CONTACT INFORMATION
We reserve the right to respond to user support requests. If you would like to submit a support request or have any questions about this Agreement or the Application, please contact us via email.