End User License Agreement
Please read carefully the terms and conditions of this Agreement. This Agreement uses some of the definitions set out in paragraph 1 below.
GoDog End User License Agreement (hereinafter referred to as "the Agreement") is made by and between LeverX Poland LLC, a company registered in the Republic of Poland (hereinafter referred to as “LeverX”) and You, jointly referred to as "the Parties", and each one in particular, as "a Party".
GoDog (hereinafter “the Application”) is licensed to You for Your personal use only and is downloadable from Apple AppStore.
This Agreement including its new versions covers all the terms of the Application usage by You or by Third Parties on any Apple device where the Application has been installed. By downloading this Application from the Apple AppStore You accept this Agreement.
Your Agreement with LeverX may also include the Additional Terms as specified by LeverX from time to time on its website (-s) and/or additional modules, updates to the Application as LeverX deems fit. LeverX shall provide you with a reference to the Additional Terms, if any. The Additional Terms forms an integral part of this Agreement, Your acceptance of this Agreement shall be treated as an acceptance of the Additional Terms available on the Effective Date subject to the provision of the reference to such Additional Terms to You by LeverX.
In order to use the Application You must accept this Agreement. You acknowledge and agree that by accepting this Agreement and the Additional Terms if any You are entering into a legally binding contract. If there is any contradiction between the Additional Terms and this Agreement, then the Additional Terms shall prevail. We recommend You to print out or save a copy of the Agreement for Your records.
The parties of this Agreement acknowledge that Apple is not a Party to this Agreement and is not responsible for this Application, it’s content and any provisions or obligations with regard to the Application (such as warranty, maintenance, liability and support).
This Application is licensed to You by LeverX for Your personal use only under the terms of this Agreement.
If the law of Your country prohibits You from downloading or using the Application including but not limited because of some restrictions or because the Application is not allowed in Your country, please don't use it.
- The following terms and expressions used in this Agreement shall have the following meanings:
- Application: GoDog for Apple devices as well as any future versions, improvements, developments, programming fixes, updates and upgrades thereof, including without limitation UI, additional modules, any proprietary Content, Documentation.
- Documentation: any online or otherwise enclosed documentation provided by LeverX which is installed with the Application or downloaded during the use of the Application including text, graphic and video materials.
- Agreement: this GoDog License Agreement, as may be renewed and/or amended from time to time and without notification.
- Effective Date: the date on which this Agreement is entered into by downloading Application from the Apple AppStore as stated above or upon installation or use of the Application by You, whichever occurs earlier.
- Additional Terms: the terms and conditions and policies applicable to Your use of the Application published and declared in addition to this Agreement.
- Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, LeverX. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
- Content: means any and all content consisting of text, sounds, pictures, photos, video and/or any type of information or communications contained in the Application.
- Intellectual property rights (IP rights): means patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, know-how, trade secrets and confidential information; all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and applications, extensions and renewals in relation to any such rights.
- LeverX Website: any and all elements, contents and the 'look and feel' of the website available under the URL, http://www.LeverX.com – among other URL's, from which website the LeverX Software can be downloaded.
- UI: the user interface of the Application,
- You: You, the end user of the Application, also used in the form "Your" where applicable.
- References to the singular include the plural and vice versa, and references to one gender include the other gender.
- Any phrase introduced by the expressions "including", "include", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- This Agreement governs You by LeverX the Application and the Application is intended for dog owners to teach their dogs new commands and tricks. The Application contains training lessons with visualization of actions and text description, and allows to track the progress of training.
- To enjoy the Application via your smartphone or other device, your device must satisfy certain system requirements. These requirements can be found on the Apple marketplace.
- Subject to the terms of this Agreement LeverX hereby grants You a limited, non-transferable, personal, non-exclusive, simple, non-sublicensable, non-assignable, free of charge license to download, install and use the Application including its Content on Apple devices in accordance with this Agreement. License are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.
- The Application is designed to using by dog owners to teach their dogs new commands and tricks. The Application contains training lessons with visualization of actions and text description, and allows to track the progress of training. The training courses and other proprietary Content in this Application could not be considered as LeverX recommendation or advise to You or any of the Application users. The Content is developed by the third parties, which have a respective knowledge and experience. Please pay an attention that the recommendations and information provided in the proprietary materials may not suit all users of the Application.
- You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You; (b) use any type of codes or instructions that are designed to distort, delete, damage or disassemble the Application or the communication; (c) use the Application in violation of the laws of Your; (d) use any material or content that is subject to any third party proprietary rights, unless You have a license or permission from the owner of such rights; (e) sublicense or distribute in any way the Application including its Content.
- LeverX does not guarantee the continuous availability of the Application, its enhancement, update. LeverX may revise, modify or cease to provide, require You to immediately cease using Application or its functionality or any part thereof, which may result in loss of compatibility, denial of access to the functionality of the Application, servers, tools, information and databases, commercial activities related thereto, from time to time without notice.
- This license also govern any updates of Application provided by LeverX that can replace and/or supplement the original Application. LeverX can modify the terms and conditions of licensing at any time and without notification.
- No Modifications: Without prior written consent of LeverX, You will not remove or hide, modify, undertake, cause, permit or authorize the modification, translation into other languages, creation of derivative works, reverse engineering, decompiling, disassembling or hacking of the Application or any part thereof or otherwise alter the User Interface. You will also not create other software based on the Application. At all times, You will comply with the requirements and specifications relating to application design and use and presentation.
- The Application uses Internet connection to provide its functionality. All costs for the Internet traffic associated with Your use of the Application shall be paid by You.
- PROHIBITED USE THE APPLICATION
- You agree not to upload, post, email or otherwise send or transmit or introduce any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Application or the Application themselves. You agree not to interfere with the servers or networks underlying or connected to the Application or to violate any of the procedures, policies or regulations of networks connected to the Application. You may not access the Application in an unauthorized manner.
- You agree not to impersonate any other person while using the Application, conduct yourself in an offensive manner while using the Application, or use the Application for any illegal, immoral or harmful purpose.
- By breaching the provisions of this section 4, You may commit a criminal offensive under applicable laws. LeverX may report any such breach to the relevant law enforcement authorities and LeverX may cooperate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Application will cease immediately.
- You agree not to use the Application for any purposes related commercial activities, scientific research, expertise, examination, analysis or evaluation of the Application without the express written consent of LeverX.
- While You are using this Application, be aware of Your surroundings, use and communicate safely. You agree that Your use of the Application is at Your own risk, and that You shall not use the Application to violate any applicable law, regulation, event policies or instructions as outlined/not outlined in these Agreement and You shall not encourage or enable any other individual to do so.
- Further, You agree that in conjunction with Your use of the Application You shall not make available any unlawful, inappropriate or commercial content, information. You agree that You shall not submit inaccurate, misleading or inappropriate content, information, including data submissions, edits.
- You agree that in conjunction with Your use of the Application, You will maintain safe and appropriate contact with other users and other people. You shall not harass threaten or otherwise violate the legal rights of others. You shall not trespass, or in any manner attempt to gain or gain access to any property or location where You do not have a right or permission to be and will not otherwise engage activity that may result in injury, death, property damage, nuisance, or liability of any kind. If You have a dispute with any third party relating to your use of Application, You release LeverX from all claims or lawsuits, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclose and undisclosed, arising out of or in any way connected with such disputes.
- No Granting of Rights to Third Parties: You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Application including its Content or any part thereof.
- The Application may incorporate itself, software and other technology, proprietary materials owned and controlled by Third Parties and licensed under and subject to the permission of the respective Third Party License. Any such Third Party software or technology that is incorporated in the Application falls under the scope of this Agreement.
- Under no circumstances You may not modify, disassemble, decompile or reverse engineer the software of any Third Party included into this Application; You may not use or distributing the software of the Third Party included into the Application other than as part of this Application.
- Any and all other Third Party software or technology that may be distributed together with the Application will be subject to You explicitly accepting a license agreement with that Application. You also agree:
To indemnify, hold harmless, and defend such Third Parties from and against any claims or lawsuits, including attorney's fees, resulting from the use of the Third Party Software, assemblies or technology or any breach by You of the terms of this Agreement and/or Third Party License Agreement;
To comply with the terms of respective License Agreement of that Third Party;
To agree that Third Party reserves all rights not expressly granted by its license agreement.
- You must comply with applicable Third Party terms of Agreement when using our Application.
- You hereby agree and acknowledge that all such Third Party Software, assemblies or technology are provided "AS IS" by the Third Party WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE OTHER COMPONENTS OR THE USE OF OTHER DEALINGS IN THE OTHER COMPONENTS. Such Third Parties disclaim all liabilities, damages, warranties, indemnities and other obligations of any kind, express or implied, with regard to such Third Party Software, assemblies or technology. Such Third Party Software, assemblies or technology are excluded from any indemnity provided by LeverX in this Agreement. Nothing in the foregoing affects any performance warranty provided by LeverX with regard to the Application as a whole.
- Apple and Apple’s subsidiaries remains a third party beneficiaries of this Agreement and - upon Your Acceptance of this Agreement, Apple will have right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third party beneficiary thereof.
- RIGHTS, RESPONSIBILITIES AND WARRANTIES LIMITATION
- In case of any failure of the Application to conform to any applicable warranty, You may notify Apple and get a refund the purchase price for Application to You from Apple. Parties to this Agreement acknowledge that Apple is not responsible for any warranty obligations to this Application. An amount of refund is limited by paid fee for License or maximum fee applicable in related legislation.
- You will at all times maintain the value and reputation of the Application, and LeverX brand or name, to the best of Your abilities.
- You agree that the services provided using the Application shall be provided by You in compliance with all applicable laws and regulations (including without limitation those relating to the protection of privacy and the processing of personal data or traffic data).
- You will not use the Application to send unsolicited communications (whether commercial or otherwise) protected by an applicable law to any third party.
- You agree that You are solely responsible for (and that LeverX has no responsibility to You or to any third party for) any results of the Application usage.
- You hereby specifically acknowledge that Your rights to use the Application are strictly subject to Your full compliance with this Agreement and any breach of any provision of this Agreement or applicable Additional Terms shall give rise to automatic right of termination by LeverX.
- You represent and warrant that You are authorized to enter into and comply with the terms and conditions of this Agreement. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations under the Agreement, as well as any and all laws, regulations and policies that may apply to the use of the Application and/or the LeverX Website.
- At all times You must constantly monitor the LeverX Website to ensure You are aware of any changes in this Agreement or applicable Additional Terms if any. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the LeverX software.
- You may use the Application in any country, in accordance with the terms of this Agreement.
- You may use the Application only for Your personal purposes not connected with any business or other commercial activity.
- EXCLUSIVE OWNERSHIP RIGHTS
- Any and all IP Rights to the Application, the LeverX website, Documentation, Content, LeverX trademarks and logos and any derivative works thereto created by or for LeverX or its licensors are and shall remain the exclusive property of LeverX and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You.
- You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with jeopardize IP Rights. Any unauthorized use of jeopardize IP Rights is a violation of this Agreement as well as a violation of intellectual property laws and treaties, including without limitation copyright laws and trademark laws.
- All title and IP Rights in and to any third party content that is not contained in the Application, but may be accessed through use of the Application, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
- No Removal of Notices: You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or LeverX rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
- You will not distribute the Application including its Content online through website(s), or infringe the intellectual property rights of the LeverX Website or use LeverX trademarks or words describing the Application any products or services as the registered URL for website(s).
- Only LeverX, not Apple, is responsible for any Application claims from You including, but not limited to:
- Product liability claims;
- Any claim that the Application, fails to conform to any applicable legal or regulatory requirement;
- Claims arising under consumer protection, privacy, or similar legislation;
Subject to the provisions of this Agreement.
- LeverX shall not be obligated to indemnify or defend You with respect to any third party claim arising out or relating to the Application, use or inability to use of the Application. To the extent LeverX is required to provide indemnification by applicable law, LeverX, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of third party intellectual property right infringement.
- TECHICAL MAINTENANCE, UTILIZATION, SUPPORT AND UPDATES
- Parties acknowledge that Apple do not provide support and maintenance services of the Application with and not responsible for its support and maintenance.
- LeverX provides minimal maintenance and support of the Application and is responsible for compatibility of the Application with Apple devices and other related to this Application software with respect to this Agreement.
- The Application may utilize the resource of the computing equipment including mobile device You are utilizing, including but not limited to the processor, memory and network connection for the limited purpose of providing the functionality of the Application and establishing connection with the Application. LeverX will use its commercially reasonable efforts to protect the privacy and integrity of the resources of the computing equipment including mobile device You are utilizing and of Your data, however LeverX cannot give any warranties in this respect.
- LeverX, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Application. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. You agree to receive such updates from LeverX in order to continue using the Application. You may have to enter into a renewed version of this Agreement, in the event You download, install or use a new or updated version of the Application.
- Only You is responsible for downloading and installing updates on Your Apple devices.
- No Reverse Engineering: You agree and acknowledge that You will not copy, reverse, decompile, disassemble, modify or derive source code or make other reverse engineering to the Application or create derivative works of the Application including its Content.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LEVERX AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE APPLICATION, OR (D) COMMUNICATION SPREAD BY MEANS OF THE APPLICATION.
- TERM, TERMINATION, UPDATES
- This Agreement will be effective as of the Effective Date and will remain effective until terminated by either LeverX or You as set out below.
- You may terminate the Agreement with immediate effect at any time. Without limiting other remedies, LeverX may limit, suspend, or terminate this license and Your use of the Application, prohibit access to the LeverX Website with immediate effect, automatically and without recourse to the courts, if we think that You are in breach of the terms of this Agreement, creating problems, legal liabilities (actual or potential), infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
- Consequences of Termination: Upon termination of this Agreement and the Additional Terms: (a) all licenses and rights to use the Application shall immediately terminate; (b) You will immediately cease any and all use of the Application including its Content; and (c) You will immediately remove the Application from all hard drives, networks and other storage media and destroy all copies of the Application in Your possession or under Your control.
- Suspension: LeverX may, in its sole discretion and to the maximum extent permitted within Your jurisdiction, modify or discontinue or suspend Your ability to use any version of the Application, and/or disable any Application You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable or non-justifiable reasons. LeverX may suspend or terminate Your use of the Application as a result of Your fraud or breach any obligation under this Agreement. Such termination or suspension may be immediate and without notice. A breach of this Agreement includes without limitation, the unauthorized copying or download of audio, video, etc. CONTENT from the Application.
- LeverX reserves the right to change this Agreement at any time by publishing the revised Agreement on the LeverX Website and/or in the installation files of the Application versions. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your express acceptance by clicking on the "Next" button or "Accept" button or link or Your continued use of the Application after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. Any eventual modification of the Agreement that establishes LeverX right to charge royalties is subject to a one (1) month prior notice thereof. Your continued use of the Application constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.
- In the event that You wish to use the LeverX software in a manner other than as expressly set out in this Agreement such use is expressly prohibited unless and until LeverX enters into a specific license with You in writing.
- THE APPLICATION IS PROVIDED 'AS IS' WITH NO WARRANTIES WHATSOEVER; LEVERX DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE APPLICATION, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. LEVERX FURTHER DOES NOT REPRESENT OR WARRANT THAT THE APPLICATION WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES LEVERX WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY RESULTS EXPECTED BY YOU BY USING THE APPLICATION.
- Your own Risk: You acknowledge and agree that the entire risk arising out of Your use of the Application remains with You, to the maximum extent permitted by law.
- LeverX Software is being provided to You at cost as specified 0.0. YOU ACKNOWLEDGE AND AGREE THAT LEVERX, ITS AFFILIATES, ITS LICENSORS AND THE LEVERX STAFF WILL HAVE NO LIABILITY AND YOU AGREE, TO INDEMNIFY, DEFEND AND HOLD LEVERX, ITS AFFILIATES ITS LICENSORS AND LEVERX STAFF HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PERSON IN CONNECTION WITH OR ARISING FROM (A) YOUR USE OF THE APPLICATION, AS SET FORTH BELOW (B) ANY BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE APPLICATION IS TO IMMEDIATELY DEINSTALL AND CEASE USE OF SUCH APPLICATION.
- IN NO EVENT SHALL LEVERX, ITS AFFILIATES, ITS LICENSORS OR THE LEVERX STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), SOFTWARE LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION; AND
- ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
- ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE APPLICATION;
- THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY LEVERX FOR ANY REASON; AND
- THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE APPLICATION TO YOU.
- THE LIMITATIONS ON LEVERX LIABILITY TO YOU DICLOSED ABOVE SHALL APPLY WHETHER OR NOT LEVERX ITS AFFILIATES OR LEVERX STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
- NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF LEVERX FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LEVERX, THE LEVERX STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
- LEVERX IS NOT RESPONSIBLE FOR ANY LOSSES RELATED TO USING APPLICATION. In any way LeverX total liability to You shall be limited by the amount of the fee paid by You to LeverX.
- Jurisdiction's Limitations: As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited to the maximum extent possible within the applicable legislation.
- RISKS CONNECTED WITH THE CONTENT
- The information and objects contained in the Application is for general information purposes only. While LeverX endeavor to keep the information up-to-date and correct, LeverX make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Application or the information contained on the Application for any purpose. Any reliance You place on such information is therefore strictly at your own risk.
- This Application is NOT designed for use by persons in relation to any animals aside from a household dog. Owner supervision is required when Application is in use. The dog should not wear a collar or harness when using the Application to avoid catching on the railings or other obtrusions that could result in chocking or death and the dog should not be left alone in the vicinity of the Application while wearing a collar or harness. The dog’s nails should be kept trimmed to a reasonable shortness to avoid catching in any of the carpet fibers. Dogs should not be encouraged, trained or allowed to run, play or jump on or off in cases of using the Application. The Application cannot be used to elderly, physically limited, included blind, deaf, sick, dogs, dogs in wheelchairs.
- You MUST consult with competent expert, specialist, and authorities before any usage of this Application.
- You fully accept that using and misusing Application is connected with risks (is involved risks), included injuries, death, risk of melancholy, depression, disability, anxiety, psychological diseases, increasing dog aggression against owner(-s), people and peoples, property, animals and other, increasing Your aggression against people and peoples, property, animals and other. All in all, You accept any and all risk(-s) that may potentially occur not only with dog but with You.
- By downloading and using this Application You confirm that You will not attempt to hold Application liable for any probable damages which may happen when using Application.
- You agree that LeverX may collect and use technical (but are not limited) information about Your device, system and application software that is collected from time to time for software updates. Support and other services related to the Application. LeverX may use this information only for products improvement and if this information does not personally identify You
- You warrant, confirm and represent that You are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a «terrorist supporting» country; and You are not listed on any United States Government list of prohibited or restricted parties.
- Entire Agreement: The terms and conditions of the Agreement constitute the entire agreement between You and LeverX with respect to the Application and will supersede and replace all prior understandings and agreements, unless they have been entered into in writing as a separate document, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or LeverX arising out of fraud or fraudulent misrepresentation.
- Invalid parts of Agreement: In case of becoming invalid of any parts of Agreement, the validity of remaining parts will not be affected. Invalid parts will be replaced by valid parts in such way that the intended contemplation will be achieved.
- Changes to this Agreement: LeverX may change Agreement solely at any time and without notification.
- Legal age: By using the Application You represent and warrant that You are 18 years of age or older and You agree to be bound by this Agreement. If You are under the age of 18, then Your license for using the Application will be terminated automatically and without notification if LeverX believes, in its sole discretion, that You are under the age of 18 years.
- Partial Invalidity: If any provision of the Agreement, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Agreement as a whole, the legality, validity or enforceability of the remainder of the Agreement (including the remainder of the terms which contains the relevant provision) shall not be affected.
- No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Agreement or by law shall not constitute a waiver of that right, power or remedy. If LeverX waives a breach of any provision of the Agreement this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
- Assignment: You are not allowed to assign the Agreement or any rights and obligations hereunder. LeverX is allowed at its sole discretion to assign the Agreement or any rights and obligations hereunder to any third party, without giving prior notice.
- Applicable Law and Competent Court: The Agreement shall be governed by and interpreted in accordance with the laws of the Republic of Poland. Any dispute, disagreement or claim deriving from this contract and related to it or its violation, termination or invalidity shall be settled at respective court of the Republic of Poland according to its jurisdiction and cognisance.
- Language: The original English version of the Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.
- Survival: The terms of paragraphs 5 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.
BY ACCESSING, USING OR AVAILING YOURSELF OF THE RESSOURCES IN ANY MANNER, OR USING, REGISTERING, DOWNLOADING, OR INSTALLING THE APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE NEXT BUTTON OR ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE APPLICATION, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO LEVERX THE RIGHTS SET FORTH HEREIN.