Last updated August 19, 2024
These Terms and Conditions regulate the download, access and use of the different mobile applications (hereinafter, the “APPS”), which TRBO FAST TOOLS INC owns and which are available to users free of charge on Apple Store (IOS) or Google play store (Android) or Websites.
The user acquires this condition by downloading and using the application of his/her choice. By accessing the application(s), the user acknowledges having accepted and consented unreservedly to these terms of use and privacy policy. We may change these terms and conditions at any time, and it is your responsibility to stay updated with any changes made. If you do not agree to any part of these terms and conditions, you must stop using the Mobile Application and its services immediately. By continuing to use the Mobile Application, you are indicating your acceptance of these Terms and Conditions of Use, including any modifications that may be made in the future.
APPS Oversight and Ownership
TRBO FAST TOOLS INC, (hereinafter TRBO FAST TOOLS) with registered office at 833 Homer St V6B 0H4 – Vancouver – BC – Canada and email: [email protected] is the owner and responsible for the APPS.Purpose
The primary purpose behind the development of these APPS is to offer users quick and customizable access to a variety of content, including motivational phrases, daily affirmations, jokes, vocabulary, curiosities, and other general interest information, all accessible through their mobile devices (hereinafter referred to as the “content”)Definitions
These Terms and Conditions of Use assign specific definitions to capitalized terms, unless the context suggests otherwise.Merchant – pertains to any organization or individual whose products can be bought through the Mobile Application.
Services – refers to all of the services offered by TRBO FAST TOOLS INC to users through the Mobile Application, while the term “Service” indicates any individual service provided among them.
Users – refers to all individuals who utilize the Mobile Application, including yourself, whereas “User” pertains to any one of these individuals.
Goods – refer to the items offered for sale on the Service.
Company – (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to TRBO FAST TOOLS INC.
DESCRIPTION OF ONLINE SERVICES – Subject to full compliance with this Agreement, the Company may offer to provide certain products, services, and websites accessed through internet-capable hardware platforms including gaming consoles, personal computers, mobile computers, or mobile devices, or in-game applications or software platforms including third-party hosts. Online Services shall include, but not be limited to, any service or content the Company provides to you, including any materials displayed or performed. The Company may change, suspend or discontinue the Online Services, including the availability of any feature or content, on thirty days’ notice, or immediately for any reason beyond the Company’s reasonable control, or if you breach any term of an agreement or policy governing the Software, including this Agreement, Licensor’s Privacy Policy and/or Licensor’s Terms of Service. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Online Services without notice.
SUPPORTED DEVICES
Our applications can be downloaded for free from Apple Store (IOS) or Google play store (Android) or Websites. Users are required to adhere to the terms and conditions set forth by the respective application stores for acquiring,
downloading, and updating the APPS.TRADEMARK AND COPYRIGHT INFORMATION
All Online Services material, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software is owned, controlled by, licensed to, or used with permission by the Leader Gazelle lda and is protected by copyright, trademark, and other intellectual property rights. The Online Services material is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of the Company in each instance. You may download material intentionally made available for downloading through the Online Services for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
SUBMISSIONS
The Company welcomes input from the gaming community. You hereby grant the Company an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use any submissions you submit to the Company of any nature whatsoever, whether through a posting on a Company website, email to the Company, mail, or any other means and without any obligation to account, credit, or make any payment to you for any use thereof. No purported reservation of rights incorporated in or accompanying any submission shall have any force or effect.
CODE OF CONDUCT
The following rules, policies, and disclaimers shall govern and/or apply to your use of the Online Services.
You agree, by using the Online Services, that: (1) you will only use the Online Services for lawful purposes, in compliance with applicable laws, for your own personal, non-commercial use; (2) you will not use the Online Services in connection with an agreement with other individuals to wager any money or other thing of value; (3) you will not restrict or inhibit any other user from using or enjoying the Online Services (for example, by means of harassment, hacking, interfering, adversely affecting, or defacement); (4) you will not use the Online Services to create, upload, or post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, in violation of any law, or is inconsistent with community standards; (5) you will not post, upload, or create any copyrighted material using the Online Services unless you own the copyright in and to such material; (6) you will not post, upload, or transmit any information or software that modifies or alters the Online Services in any way or that contains a virus, worm, timebomb, cancelbot, trojan horse or other harmful, disruptive, or deleterious component; (7) you will not post, upload, create, or transmit materials in violation of another party’s copyright or other intellectual property rights; (8) you will not cheat or utilize any unauthorized robot, spider, or other program in connection with the Online Services; (9) you will not impersonate any other individual or entity in connection with your use of the Online Services, and (10) you will not provide assistance, guidance, or instruction to any other individual or entity regarding any of the above. All determinations will be made by the Company in its sole discretion.
When we provide Online Services involving user-created content (“UGC”), we do not review every piece of UGC, nor do we confirm the accuracy, validity, or originality of the UGC posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any UGC. The contents of the postings do not represent the views of the Company, its subsidiaries, or any person or property associated with the Company, the Online Services, or any website in the Company’s family of websites. If you feel that any posting is objectionable, we encourage you to use associated report functions or contact us by visitng contact. We will remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any content is a manual process and might not occur immediately or at all. The Company is not responsible for any content posted, or actions taken, by any other User that impacts you or your use of the Online Services. We reserve the right to remove (or not) any UGC or content for any (or no) reason whatsoever. You remain solely responsible for your UGC, and you will accordingly be responsible and liable to the Company and its agents with respect to any claim based upon the transmission of your UGC. Posting of advertisements, chain letters, pyramid schemes, solicitations, the same note more than once or “spamming,” and the like, are inappropriate and forbidden on the Online Services (including bulletin boards and chat rooms).
To the fullest extent allowed by applicable law, your use of the Online Services is at your own risk and the Company is not responsible for any loss, damage, or unsatisfactory performance related to the Online Services.
We reserve the right to reveal your identity (including whatever information we know about you) without notice to you in certain circumstances set forth in our Privacy Policy.
LIMITED LICENSE BY THE COMPANY
By creating UGC, posting messages, uploading files, creating files, inputting data, or engaging in any form of communication with or through the Online Services, you are granting the Company a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such material; and (2) sublicense to third-parties the unrestricted right to exercise any of the foregoing rights granted with respect to the material. The foregoing grants shall include the right to exploit any proprietary rights in such material, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Please consult the EULA at https://www.turbofasttools.com/imprint for additional license terms related to our software.
MAKING PURCHASES
If you wish to purchase products or services described in the Online Services, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Please review the Company’s privacy policy before submitting such information.
Price Adjustment Policy
Our price policy reserves the right to revise prices before confirming an order. In the event of government intervention, alterations in customs duties, elevated shipping expenses, increased foreign exchange costs, or other external factors affecting delivery beyond our control, the Company may modify quoted prices after order acceptance. Should such circumstances arise, you will be given the choice to cancel your order.
Billing
All products or services acquired require a one-time payment. Payment can be completed using the diverse payment methods at our disposal, including Visa, MasterCard, Affinity Card, American Express cards, or online payment systems like Stripe.
Subscriptions
Subscription Duration – Certain aspects of our Service require a paid Subscription, for which you will be charged in advance on a periodic basis. The billing interval (weekly, monthly, quarterly or 3-month , or annually) is determined by the specific Subscription plan you select.
Your Subscription will automatically extend at the conclusion of each period under identical terms, unless you decide to cancel it or the Company terminates it.
Fee Adjustments – The Company maintains the right to modify Subscription charges at its discretion, at any time. Should such modifications occur, the updated fees will take effect at the conclusion of the existing Subscription period.
We will provide you with reasonable advance notice of any alterations to Subscription fees, granting you the option to terminate your Subscription prior to the implementation of the new fees.
Your continued use of the Service after the revised Subscription fee comes into effect signifies your agreement to pay the adjusted fee amount.
Refunds – Paid Subscription fees are typically non-refundable, unless mandated by applicable law.
On certain occasions, the Company may assess refund requests for Subscriptions on a case-by-case basis, with such determinations resting solely with the Company.
If you acquired the Subscription via an In-app purchase, the refund policy of the Application Store will govern. To request a refund, you should initiate direct contact with the Application Store.
In the event of account deletion, if you possess an active subscription, it is recommended that you cancel auto-renewal before deleting your account to prevent inadvertent charges. Nevertheless, please be aware that your existing active subscription will remain non-refundable.
Trial Period – The Company may, at its discretion, offer a Subscription plan with a limited-time Trial Period.
To enroll in the Trial Period, you might be required to furnish your billing details.
If you provide your billing information during the Trial Period registration, the Company will not bill you until the trial duration expires. On the last day of the Trial Period, unless you have canceled your Subscription, the Company will automatically charge you the applicable Subscription fee for your chosen plan.
The Company retains the right to alter or discontinue the terms and conditions of the Trial Period offer without prior notice.
In-app Purchases – The Application may feature In-app Purchases, enabling you to acquire products, services, or Subscriptions within the Application.
Additional guidance on managing In-app Purchases can typically be found in the Application Store’s terms and conditions or your Device’s Help settings.
In-app Purchases are exclusively valid within the Application and cannot be retracted after download or exchanged for cash or other forms of compensation.
Should you encounter any complications with an In-app Purchase, kindly inform us, and we will investigate the matter and provide a replacement or remedy, as appropriate. No charges will be applied for replacements or repairs. In cases where we are unable to replace or repair the In-app Purchase within a reasonable timeframe, you may request a refund from the Application Store, or we will authorize the Application Store to refund the corresponding purchase cost.
Please acknowledge that billing and transaction matters pertaining to In-app Purchases are managed by the Application Store from which you downloaded the Application, and they are subject to the conditions established by that store.
If you experience any payment-related issues concerning In-app Purchases, it is essential to contact the Application Store directly.
Promotions
The Service might feature Promotions governed by distinct regulations separate from these Terms of Use.
Prior to engaging in any Promotions, it is strongly recommended to thoroughly examine the relevant regulations, in addition to our Privacy Policy. Should there be any inconsistencies between the rules for a Promotion and these Terms, the rules of the Promotion will hold precedence.
VIRTUAL CURRENCY AND VIRTUAL GOODS
The Online Services, including software, may offer the ability to purchase and/or earn via gameplay a limited license to use virtual currency and/or virtual goods exclusively within applicable software and services provided by the Company. Virtual currency and/or virtual goods may never be used in connection with an agreement with other individuals to wager any money or other thing of value. Such license is subject to and specifically conditioned upon your acceptance of, and compliance with, the EULA, this Agreement and any other applicable policies or agreements. All in-game Virtual Currency and/or Virtual Goods may be consumed or lost by players in the course of gameplay according to the game’s rules applicable to currency and goods, which may vary. See the EULA at https://www.turbofasttools.com/imprint for more details.
YOUR RESPONSIBILITY TO THE COMPANY
You are responsible and liable to the Company and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers in respect of all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement. The Company reserves the right to assume the exclusive defense and control of any matter that you are responsible and liable for under this paragraph.
LITIGATION ISSUES
This Agreement is entered into in Canada and shall be governed by, and construed in accordance with, the laws of the Canada, exclusive of its choice of law rules.
The End User License Agreement https://www.turbofasttools.com/imprint contains a binding individual arbitration and class action waiver provision that affects your rights with respect to any ‘Dispute’ between you and the Company, and requires you and the Company to resolve Disputes in binding, individual arbitration, and not in court. You have a right to opt out of the Binding Individual Arbitration section as explained in the EULA. Please read it carefully before installing or using any Company software or services. The Binding Individual Arbitration section shall not apply to the extent prohibited by the laws of your country of residence. For any disputes not subject to binding individual arbitration, you and the Company agree to submit to the exclusive jurisdiction of the state and federal courts in New York County, New York, and to waive any jurisdictional, venue, or inconvenient forum objections to such courts (but without affecting either party’s rights to remove a case to federal court if permissible). This paragraph will be interpreted as broadly as applicable law permits. For example, if you are a resident of a European Union member state, you will benefit from any mandatory provisions of consumer protection law in the member state in which you are resident, and you can bring legal proceedings in relation to this Agreement in the courts of the member state in which you are resident. The Company has the right to prosecute civil claims against you for any violation of its End User License Agreement, the Terms of Service, the Privacy Policy, or any other governing terms and conditions related to its software and services, whether for breach of contract, violation of common law rights, or violation of any applicable state or federal statute. Any violation by you of such governing terms shall constitute an affirmative defense (whether characterized as arising at law or in equity) against any claim you might assert against the Company in connection with the Online Services.
TERMINATION
The Company may terminate or suspend any and all Online Services and any registered account immediately, without prior notice or liability on thirty days’ notice, or immediately for any reason beyond the Company’s reasonable control or if you breach any terms and conditions of an agreement or policy governing the Software, including this Agreement, the Privacy Policy and/or the End User License Agreement. Upon termination of your account, your right to use the Online Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Online Services.
The Company may terminate any of the Online Services for any reason at all by giving at least thirty days’ notice by email or on the website page entitled “Legal Notices” or “Legal Information” (or similar title), or immediately without notice for any reason beyond the Company’s reasonable control.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
MISCELLANEOUS
In the event that any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement, along with the Privacy Policy and the EULA, constitutes the entire agreement between you and the Company pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between you and the Company with respect to the subject matter of this Agreement are expressly canceled.
No failure or delay by the Company to enforce any rights or powers under this Agreement may be deemed a waiver of those or any other rights or powers of the Company.
The Company may modify the terms of this Agreement at any time in its sole discretion by posting a revised Agreement or, in the case of a material modification, by posting notice of such modification on the website page entitled “Legal Notices” or “Legal Information” (or similar title) before the modification takes effect.
REPEAT INFRINGER POLICY
In accordance with the DMCA and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at Company’s sole discretion, registered accounts deemed to be repeat infringers. The Company may also at its sole discretion limit access to the Online Services and/or terminate the account of anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
Disclaimer and limitation of liability
The Mobile Application and Services, along with any information provided on the Mobile Application and use of related facilities are offered on an “as is, as available” basis without any express or implied warranties.
We disclaim all warranties, including but not limited to, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or any implied warranties arising from usage of the Mobile Application or in relation to any inaccuracies or omissions in the Mobile Application.
We do not guarantee that the Mobile Application will always be available, uninterrupted, timely, secure, error-free, or free from computer virus or other harmful code. The Mobile Application may also be affected by acts of God or other force majeure events.
We may use reasonable efforts to ensure the accuracy and up-to-date information on the Mobile Application, but we make no warranties or representations as to its accuracy, timeliness, or completeness.
We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, however caused, resulting from or in connection with the Mobile Application and Services, including your access to, use of, or inability to use the Mobile Application or Services, reliance on or downloading from the Mobile Application and/or Services, or any delays, inaccuracies, or errors in the information or in its transmission, even if we have been advised of the possibility of such damages.
We shall not be liable in contract, tort (including negligence or breach of statutory duty), or otherwise howsoever caused, for any indirect, consequential, collateral, special, or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use.
These exclusions and limitations apply to the extent permitted by law. They do not affect any of your statutory rights as a consumer that cannot be excluded or limited.
We acknowledge that electronic data transfers may be intercepted by others, and we cannot warrant that data transfers or electronic mail transmitted to or from us will not be monitored or read by others, notwithstanding our efforts to ensure that our system is secure.
METHOD OF UTILIZATION
Upon launching the application, users will be directed to the main screen, which offers access to a wide array of content based on the chosen application. This content encompasses motivational phrases, daily affirmations, humor, vocabulary, trivia, and other general interest information. Users can engage with this content by sharing it with others or marking it as a favorite.
Furthermore, users have the flexibility to configure the selected application to send notifications and reminders to their mobile devices at the frequency and volume of their choosing. These notifications will contain the user’s preferred content.General Configuration
Within the main screen, an icon located at the bottom right corner provides access to a section where users can modify the data they initially provided when first using the APPS. This includes adjusting personal details like name, gender identity, areas of interest, and more. Users can also customize various aspects of the chosen app, such as preferred content, language settings, sound preferences, and more. Additionally, this section allows users to manage their existing subscription, access the terms of use and privacy policies, and explore frequently asked questions.Content Categories
A separate menu labeled “categories,” accessible through the icon located in the lower left corner of the main screen, allows users to specify and narrow down the type of content they wish to receive. Users can also access their chosen favorite content and review any content they’ve created themselves.Visual Customization
The “Theme” section, accessible through the icon at the bottom right of the main screen, empowers users to personalize the appearance of notifications on their mobile devices. This customization includes options for font styles, colors, typography, backgrounds, and more, ensuring that notifications align with users’ preferences.
Intellectual property rights
The intellectual and industrial property rights concerning the APPS are the exclusive possession of TRBO FAST TOOLS INC. These rights encompass the authority to employ them in any manner, which includes but is not limited to reproduction, distribution, public dissemination, and adaptation. Third parties holding intellectual and industrial property rights to images, logos, and other symbols or content integrated into the APPS have granted the requisite permissions for their reproduction, distribution, and public availability. The user acknowledges that any unauthorized actions, such as reproduction, alteration, distribution, commercialization, decompilation, disassembly, utilization of reverse engineering techniques, or any other means to access the source code, alteration, or dissemination of unauthorized reference materials related to any components and tools embedded within the development, represent a breach of TRBO FAST TOOLS INC’s intellectual property rights. As a result, the user agrees not to engage in any of the aforementioned activities.
Amendments
We reserve the right to modify the content within the Mobile Application, which includes descriptions and pricing for the products and services offered, without prior notification. Please be aware that we do not accept responsibility for any inaccuracies or omissions in the content of the Mobile Application.
We reserve the right to modify these Terms and Conditions of Use without notice. The updated version will be published on the Mobile Application and will take effect from the date of posting. It is recommended that you review these terms and conditions periodically as they are legally binding for you.
Applicable law and jurisdiction
The Mobile Application can be accessed from all countries where local technology allows. Because different places have different laws, by accessing the Mobile Application, you and we agree that the laws of the Canada will apply to all matters related to its use, without regard to the conflicts of laws principles.
You may not access or use the App for any purpose other than that for which we make the App available. You agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part
You maintain all of your rights in any user-generated content you submit, post, or display on or through our APPS, and it is your responsibility to safeguard these rights. We assume no responsibility or liability for any user-generated content that you or any third party posts on or through the APPS. However, by posting user-generated content through the APPS, users grant Monkey Taps the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such user-generated content on and through the APPS. Furthermore, you agree that this license encompasses the right for us to make your user-generated content accessible to other APPS users, who may also use your user-generated content subject to these Terms.
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