Terms of Service Agreement

1. Acceptance of Terms

Your use of the App constitutes your acceptance of these Terms. We reserve the right to modify, amend, or update these Terms at any time, without notice. Your continued use of the App following any changes signifies your acceptance of the revised Terms.

2. Eligibility

To use the App, you must be at least 13 years of age and have the legal capacity to enter into this Agreement. If you are under the age of 13 or lack legal capacity, you may not use the App.

3. License Grant

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use on a device that you own or control. You acknowledge that you are not acquiring ownership rights in the App or any of its content or services, but rather a license to use them in accordance with these Terms.

3A. Subscription Terms

Some features of the App may be available only through a paid subscription. Subscriptions may be offered on a recurring basis (e.g., weekly, monthly, yearly) and will automatically renew unless canceled at least 24 hours before the end of the current subscription period. By subscribing, you authorize the applicable platform (e.g., Apple App Store or Google Play) to charge the subscription fee to your chosen payment method. You can manage and cancel your subscription through your platform account settings at any time. If a free trial is offered, it will automatically convert to a paid subscription unless canceled before the trial ends. We reserve the right to change our subscription plans and pricing, but any changes will be communicated in advance and will not affect current billing periods.

3B. Auto-Renewal and Cancellation

Your subscription will automatically renew at the end of each billing cycle unless auto-renewal is turned off in your platform account settings. Cancellation of auto-renewal will take effect at the end of the current billing period. Deleting the App does not cancel your subscription. No refunds will be provided for any unused portion of a subscription period unless otherwise required by law or by the platform provider’s refund policy.

4. User Conduct

You agree not to use the App for any illegal or unauthorized purposes, or in any manner that infringes upon the rights of others, including intellectual property rights. You are solely responsible for your conduct while using the App and any content you create or share.

5. User Content

By submitting, posting, or displaying content on or through the App, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.

You represent and warrant that you have all necessary rights to grant the above license and that your content does not violate any third-party rights, including intellectual property rights, privacy rights, or any applicable laws.

6. Ownership and Intellectual Property

All rights, title, and interest in and to the App, including but not limited to content, features, code, design, and trademarks, are owned by CaliyaTech LTD or its licensors. These Terms do not grant you any ownership rights in the App or any part of it, and all rights not expressly granted herein are reserved.

7. Termination

We reserve the right to terminate or suspend your access to the App, or your license to use the App, at any time, without notice or liability, for any reason, including but not limited to your violation of these Terms or misuse of the App. Upon termination, you must cease all use of the App and delete all copies from your devices. Termination does not limit any of our other rights or remedies under applicable law or these Terms.

8. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to physical damages, resulting from your use of the App, even if we have been advised of the possibility of such damages.

9. Disclaimer of Warranties

The App is provided "as is" and without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be error-free, secure, or uninterrupted.

10. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in connection with your access to or use of the App, your content, or your violation of these Terms.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the applicable jurisdiction for the resolution of any disputes arising out of or relating to these Terms or your use of the App.

12. Changes to Terms

We may update these Terms at any time, at our sole discretion. We will notify you of any material changes by posting the updated Terms on the App. Your continued use of the App after any such changes signifies your acceptance of the revised Terms.

13. Contact Information

If you have any questions or concerns about these Terms, please contact us at legal@caliyatech.com.

For more information, please review our full Privacy Policy and any other policies or guidelines made available to you within the App.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be deemed replaced by a valid, enforceable provision that most closely matches the intent of the original provision.

15. Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

16. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms without restriction or notification.

17. Entire Agreement

These Terms, together with our Privacy Policy and any other policies or guidelines made available to you within the App, constitute the entire agreement between you and us concerning the App and supersede all prior agreements, understandings, or communications, whether written or oral, relating to the subject matter of these Terms.

18. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, labor disputes, or interruptions in telecommunications, transportation, or utilities.

19. Notifications

We may provide notifications to you via email or through the App. You agree to receive electronic communications from us and that any legal requirement that such communications be in writing is satisfied by this electronic communication.

20. Third-Party Services

The App may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. By using the App, you expressly release us from any and all liability arising from your use of any third-party website or service.

21. Copyright Policy

We respect the intellectual property rights of others and expect users of the App to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please contact us using the contact information provided in the App and provide the necessary information as per applicable copyright laws.

22. Modifications to the App

We reserve the right to modify, suspend, or discontinue the App or any part thereof, at any time and for any reason, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the App.

23. Feedback

We appreciate your feedback and suggestions regarding the App. By submitting feedback or suggestions, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, disclose, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such feedback and suggestions in any form, media, or technology, without any compensation to you.

24. International Users

The App is controlled and operated by us from our offices within the applicable jurisdiction. We make no representation that the App or its content is appropriate or available for use in other locations, and access to the App from territories where its content is illegal is prohibited. If you choose to access the App from outside the applicable jurisdiction, you do so at your own risk and are responsible for compliance with local laws.

25. No Partnership or Agency

Nothing in these Terms shall be construed as creating any partnership, joint venture, employment, or agency relationship between you and us.

26. Headings

The headings used in these Terms are for reference purposes only and shall not affect the interpretation or construction of these Terms.

27. Interpretation

In these Terms, words importing the singular include the plural and vice versa, and words importing one gender include all genders. The words "include," "includes," and "including" are to be read as if followed by the phrase "without limitation."

28. Promotions and Giveaways

From time to time, we may offer promotions, contests, or giveaways, such as gift cards or other prizes ("Promotions"). By participating in any Promotion, you agree to comply with these Terms and any additional terms and conditions specific to the Promotion. Promotions are subject to cancellation or modification at our sole discretion and without prior notice. Any taxes, fees, or costs associated with receiving or using a prize are your sole responsibility. We are not responsible for any injury, loss, or damage of any kind arising from or in connection with any Promotion or prize received.