Terms of use

These Terms of Use (these "Terms") are a legally binding agreement between users  you ("you, your") and Free Dev, LLC ("we", “our” or "us") for use of the app “Package & Delivery Tracker App” (also - app, software), and the content available via the app, the computer files stored on our servers, and all related services, features, and tools.

Agreement to terms

Before using the app, please read carefully the terms of use of the application, as well as the privacy policy. If you don't agree with all of these Terms and privacy policies, then you are prohibited from using the app  and you must discontinue use immediately.

By checking the box "I have read and agree" when registering and/or paying for a subscription using an online payment method for payment and/or access to the application, the user agrees to the terms of use and privacy policy. 

You also certify that you have full legal capacity and capacity and are of the age required by the law of England and Wales, or your country or state of the US of which you are a citizen, to accept these terms.

By using the application YOU MESSAGE TO US that: (i) YOU READ, UNDERSTAND, AND AGREE TO THIS TERMS OF USE AND PRIVACY POLICY, AND (ii) YOU ARE MORE than 14 years old (or EXCEED THAT YOUR parents or guardian reads and AGREE TO THIS TERMS OF USE AND PRIVACY POLICY FOR YOU). If you don’t accept and agree to this Terms of Use and privacy policy, you must immediately stop using our app.

You use our app based on “as is” and as you currently see it. We do not give any guarantees and are not responsible for not meeting your expectations, hopes, assumptions from using our application.

We may modify these Terms from time to time. The updated version of these Terms of Use will be effective as soon as it is accessible. You are responsible for reviewing these Terms to stay informed of updates. Your continued use of our app represents that you have accepted such changes.

The terms of the privacy policy and other supplemental terms and conditions or documents that may be posted on the app from time to time are expressly incorporated by reference.

Use of the application and its functions.

The App allows you to add your own parcels and track the progress of their delivery. Also, for received parcels, there is a function to add the goods that were in it and their photos, and set return and/or warranty expiration dates with reminders.

End-user license agreement (EULA)

We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the app for personal and non-commercial purposes under these Terms.

This license is for the sole purpose of enabling you to enjoy the benefits of the software, as stated herein, and also for your personal use only.

Under this license, it is prohibited to use the app or any of its materials, including but not limited to parts of it for commercial, or promotional purposes, without our prior written consent of we.

User has no right:

  1. copy or reproduce the software or any part of the software other than under the license granted in this terms of use;
  2. sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or republish the Software or any part of the software;
  3. modify, alter, adapt, translate or edit, or create derivative works of, the software or any part of the software;
  4. reverse engineer, decompile, disassemble the software or any part of the software;
  5. copy, modify, transmit, distribute, publicly display, demonstrate, create any derivative works (products); use or in any way reproduce any copyrighted materials, images, screenshots, trademarks, trade names, proprietary information, service marks, and other objects of intellectual property available on the app;
  6. this list is not exhaustive.

The license does not provide for any transfer (alienation) of intellectual property rights belonging to us.

Subscriptions

The cost and type of subscription are available to users in the app. The subscription is purchased through the Apple Pay payment system.

The order of refunds for subscriptions is regulated by App store rules.

Subscription will automatically renew. If you decide to unsubscribe from a paid subscription before Apple Pay starts charging your payment method, cancel the subscription before the free trial ends.

Payment will be charged to your credit/debit card through your Account on the App store (Apple ID). You choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew unless auto-renew is turned off until canceled in the Manage Subscriptions section of your account settings.

Indemnification  

You agree to defend, indemnify and hold us harmless and our licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:

Limitation Of Liability 

In no event shall we, 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:

Disclaimer 

Your use of the software is at your sole risk. The software is provided on an "AS IS" and "AS AVAILABLE" basis. The software is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We  don’t warrant that

a) the software will function uninterrupted, secure, or available at any particular time or location;

Some jurisdictions don’t allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Personal data

We collect and process your data to provide our software in using the app. In the privacy policy section, we describe in detail how your data can be collected, processed, and transmitted.

User guarantees

By using, or visiting our app you guarantee:

  1. the compliance with age restrictions;
  2. that you will use the app for personal use;
  3. that you have all the powers (competence and legal capacity) required by law to accept these terms.
  4. that you will not use the software: for fraud, other atrocities; insults defaming the honor and dignity of other users; distribute obscene content; distribute pornographic content; unapproved collect, process, and distribution of personal data of other users;
  5. not to violate the terms and conditions established by this agreement;
  6. not to violate the rights of other users including but not limited to the intellectual property rights of third parties.
  7. that you will not pass malicious software.

Dispute resolution

In case of disputes concerning the terms of this document between users and the we, the settlement of the subject of the dispute shall be resolved in a pre-trial manner through negotiations and agreement on the peaceful settlement of the dispute.

Users' complaints and claims are accepted to the email address [email protected]. Our support app will contact you in the shortest lines. The time limit for the consideration of a complaint or claim is 14 days.

In case of failure to reach an agreement on the peaceful settlement of the dispute, any dispute, controversy, proceedings, or claim of whatever nature arising out of or in connection with or in any way relating to this Agreement or its formation, shall be governed by and construed in accordance with the Laws and Regulations of England and Wales without the application of conflict of laws rules.

Disputes under these Terms, their implementation, or other relations of the parties arising under the Terms, shall be subject to review in accordance with the rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The language of the arbitration shall be English. The place of arbitration shall be the city of Stockholm.

If for any reason a court of competent jurisdiction finds any provision of this Terms, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to affect the intent of this Terms, and the remainder of this Terms shall continue in full force and effect. A printed version of these Terms shall be admissible in judicial or administrative proceedings.

Terminierung

These Terms shall remain in full force and effect while you use our software.

Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the our app (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of our app is in breach of these Terms or of any applicable law or regulation, we may terminate your use or participation in the app any time, without warning, in our sole discretion.

Terms of use changing

We are constantly working on the development of our service, as well as the services that we provide, for more convenient and comfortable use. Therefore, the policy of using the service may be changed from time to time and supplemented by new provisions.

When the terms change, we will notify you in advance of such changes so that you can familiarize yourself with the new terms and conditions.

Governing Law 

This Agreement shall be governed by and construed in accordance with the Laws and Regulations of England and Wales.

Miscellaneous

We may freely assign its rights and/or obligations under this agreement without the user's consent. Save as expressly provided in this agreement, the users must not assign, transfer, charge, license or otherwise dispose of or deal in this agreement and/or any of its rights and/or obligations.

Upon termination, all provisions of these Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

All claims between the parties related to these Terms will be litigated individually and the parties will not consolidate or seek class treatment for any claim unless previously agreed to in writing by the parties.

Contact details

Free Dev, LLC

Company number: 45132296

Legal address: Ukraine, 65007, Odesʹka region, Odesa city, Novoshchipnyy Ryad street, building 15/17

Contacts for use by users: [email protected].