Terms of Service
Last updated May 1, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY
AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Asya SIA, (“we,” “us” or “our”) a company registered in the Commercial register of the Republic of Latvia, registry code: 40203171916, concerning your access to and use of the Asya Mobile application (“Mobile application”).
By downloading, accessing, browsing or using Mobile application, you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time.
IF YOU DISAGREE WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS TO THE MOBILE APPLICATION AND YOUR USE OF THE SERVICES OFFERED ON THE MOBILE APPLICATION. CONTINUED USE OF THE MOBILE APPLICATION WILL CONSTITUTE ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE, AS MAY BE AMENDED FROM TIME TO TIME.
Supplemental terms and conditions or documents that may be posted, uploaded and/or updated from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions and you waive any right to receive specific notice of each such change. We might inform you of any changes by e-mail or a notice in the Mobile application, but it is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Mobile application after the date such revised Terms and Conditions are posted.
The information or services provided on the Mobile application are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access or use the Mobile application from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent that local laws are applicable.
All users who are minors in the jurisdiction in which they reside (generally under the age of 18 must have the permission of, and be directly supervised by, their parent or guardian to use the Mobile application. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Mobile application.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Mobile application is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the European Union, foreign jurisdictions, and international conventions. The Content and the Marks are provided “AS IS” for your information and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Mobile application and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
By using the Mobile application, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these Terms and Conditions;
You are not a minor in the jurisdiction in which you reside, or you have received parental permission to use the Mobile application;
You will not access the Mobile application through automated or non-human means, whether through a bot, script or otherwise;
You will not use the Mobile application for any illegal or unauthorized purpose;
Your use of the Mobile application will not violate any applicable law or regulation.
You fully understand that we have the right to suspend or terminate your account and refuse any and all current or future use of the Mobile application (or any portion thereof);
You fully understand that any actions violating these Terms and Conditions may result in, among other things, termination or suspension of your rights to use the Mobile application.
You may be required to register with the Mobile application. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You may not access or use the Mobile application for any purpose other than that for which we make the Mobile application available. The Mobile application may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Mobile application, you agree not to:
Circumvent, disable, or otherwise interfere with security-related features of the Mobile application, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Mobile application and/or the Content contained therein.
Interfere with, disrupt, or create an undue burden on the Mobile application or the networks or services connected to the Mobile application.
Sell or otherwise transfer your profile.
Use any information obtained from the Mobile application in order to harass, abuse, or harm another person.
Use the Mobile application as part of any effort to compete with us or otherwise use the Mobile application and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up any part of the Mobile application.
Attempt to bypass any measures of the Mobile application designed to prevent or restrict access to the Mobile application, or any portion of the Mobile application.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Mobile application and/or services to you.
Copy or adapt the Mobile application’s software.
Take any action that interferes with any party’s uninterrupted use and enjoyment of the Mobile application or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Mobile application.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Mobile application.
Use the Mobile application in a manner inconsistent with any applicable laws or regulations.
MOBILE APPLICATION LICENSE
If you register to use the Mobile application and agree to the Terms and Conditions, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the Mobile application on electronic devices owned or controlled by you, and to access and use the Mobile application on such devices strictly in accordance with these Terms and Conditions. You shall not:
Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Mobile application;
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the Mobile application;
Violate any applicable laws, rules, or regulations in connection with your access or use of the Mobile application;
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us;
Use the Mobile application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
Make the Mobile application available over a network or other environment permitting access or use by multiple devices or users at the same time;
Use the Mobile application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Mobile application and/or on their own.
Apple and Android Devices
The following terms apply when you use a Mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Mobile application:
The license granted to you for our Mobile application is limited to a non-transferable license to use the Mobile application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
You must comply with applicable third-party terms of agreement when using the Mobile application.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Mobile application ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
MOBILE APPLICATION MANAGEMENT
We reserve the right, but not the obligation, to:
Monitor the Mobile application for violations of these Terms and Conditions;
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including without limitation, reporting such user to law enforcement authorities;
In our sole discretion and without limitation, notice, or liability, to remove from the Mobile application or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
Otherwise manage the Mobile application in a manner designed to protect our rights and property and to facilitate the proper functioning of the Mobile application.
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Mobile application at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Mobile application without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Mobile application.
We cannot guarantee the Mobile application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Mobile application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Mobile application at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Mobile application during any downtime or discontinuance of the Mobile application. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Mobile application or to supply any corrections, updates, or releases in connection therewith.
These Terms and Conditions and your use of the Mobile application are governed by and construed in accordance with the laws and regulations of the Republic of Latvia and the European Union.
There may be information on the Mobile application that contains typographical errors, inaccuracies, or omissions that may relate to the Mobile application, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Mobile application at any time, without prior notice.
THE MOBILE APPLICATION IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE MOBILE APPLICATION SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MOBILE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE MOBILE APPLICATION’S CONTENT OR THE CONTENT AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHICH YOU CONSIDER AS RESULTING FROM YOUR ACCESS TO AND USE OF THE MOBILE APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE MOBILE APPLICATION, (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED, IN YOUR OPINION, AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE MOBILE APPLICATION.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including attorneys’ fees and expenses, made by any third party due to or arising out of:
Use of the Mobile application;
Breach of these Terms and Conditions;
Any breach of your representations and warranties set forth in these Terms and Conditions;
Your violation of the rights of a third party, including but not limited to intellectual property rights
We will maintain certain data that you transmit through the Mobile application for the purpose of managing the Mobile application, as well as data relating to your use of the Mobile application. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
LOCATION ALERTS AND NOTIFICATIONS
You agree to receive pre-programmed notifications and/or location alerts on the Mobile application if you have turned on the relevant services on your mobile telephone or other handheld devices (as the case may be).
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Mobile application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Mobile application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE MOBILE APPLICATION. You hereby waive any rights or requirements under any and/or regulations in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
The information contained in the Products is for general information purposes only. While we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Products or the information contained on the Products for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Asya is a provider of mobile application content in the communication analytics space. We are not a health care or medical device provider, nor should our Products be considered medical advice. Only your physician or other health care provider can do that. Asya makes no claims, representations or guarantees that the Products provide a therapeutic benefit.
Any health information and links on the Products, whether provided by Asya or by contract from outside providers, is provided simply for your convenience.
Any advice or other materials in the Products are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we make available are intended to support the relationship between you and your healthcare providers and not replace it. We are not liable or responsible for any consequences of your having read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Products.
These Terms and Conditions and any policies or operating rules posted by us on the Mobile application constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Mobile application. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.
In order to resolve a complaint regarding the Mobile application or to receive further information regarding the use of the Mobile application, please contact us at:
SIA Asya, registry code: 40203171916, firstname.lastname@example.org