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marcohc/Financiator - Terms of use & Privacy policy

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Financiator - Terms of use & Privacy policy
<html>
<body>
<h1>Terms of Use</h1>
<p>Financiator is an application for various platforms, developed and offered to you by Disegnator Apps Development ("Provider"). It enables its users to track and manage personal finance and
analyze their income and expenses. Your use of the Financiator application and all the related services provided through it by Provider (collectively referred as "Financiator") is subject
to the following terms (“Terms”), which upon your acceptance form a legally binding agreement between you and the Provider (“Agreement”). For the avoidance of doubt, such agreement is
concluded solely between you and the Provider and there are no other parties to it.
</p>
<p>Financiator is currently available in its basic version free of charge, however it contains advertisement and in-app purchases as it offers also paid subscriptions with additional features
("Premium features").
</p>
<h2>Acceptance</h2>
<p>These Terms regulate the legal relationship between you and the Provider and also represent a framework contract on the basis of which Provider is providing an account information
service to you. The Terms are always available to you through the Financiator application.
You may not use Financiator unless you express your acceptance of the Terms during the sign-up process by choosing “Accept” in a confirmation dialog. You are
also expressing your acceptance and willingness to be bound by these Terms by using or otherwise accessing Financiator.
</p>
<p>You may not accept these Terms unless you are at least 15 years of age and you have sufficient legal capacity to enter into a contract. If you are less than 18 years of age, you must
have your parent or legal guardian's permission to accept the Terms and use Financiator.
</p>
<h2>Term and Termination</h2>
<p>The Agreement will remain in full force and effect while you use Financiator and until terminated by either you or the Provider.
</p>
<p>You may terminate the Agreement at any time and for any reason by sending a notice to the Provider (by e-mail) and deleting the Financiator application. Refund of your purchases is in such
case not possible.
</p>
<p>Provider may terminate the Agreement upon notice at any time and for any reason. The notice period is 2 months unless immediate termination is agreed between you and Provider.
</p>
<h2>Amendments</h2>
<p>When there are changes in laws or regulations, conditions in the financial services markets, technology or organisational processes, or when changes are needed due to compliance with
the statutory obligation of prudential business rules or in order to improve quality of services provided through Financiator application, Provider may amend the Terms at its sole
discretion. Such an amendment may cover areas such as amending and terminating the Agreement or Premium features and prices.
You will be notified about the planned changes in advance through Financiator application. The updated Terms will be published 2 months prior to the effective date. By continued use of
Financiator, you are expressing your acceptance of the changes. If you do not agree with the changes, you may terminate the Terms at any time and free of charge.
</p>
<p>Release of updated version of the Financiator application may precede the effective date of the updated Terms for the existing users. You may be required to accept the updated Terms in
order to be able to use all features of updated version of the Financiator application.
</p>
<h2>Your use of Financiator</h2>
<p>You must use Financiator only in accordance with the Terms, for the purpose it was intended and obey all of the applicable laws and terms and conditions of third parties.</p>
<p>You must not use Financiator to engage yourself in activities that mar, interfere, destroy, or access in an illegitimate fashion servers, network connectivity, or other aspects or services
of any third-party.
</p>
<h2>Registration and User Account</h2>
<p>In order to be able to use Financiator you don't need to sign up but you could sign up to use Google Drive integration using your Google account.</p>
<p>You are solely responsible and liable for any and all activities that occur under your account with your data.</p>
<h2>User content</h2>
<p>User data is stored in a local database in the user's phone and might be backed it up using user's Google Drive account. Provider does not have access or store any user data.</p>
<p>You are solely responsible for any content you provide to Financiator and for any consequences thereof. You may not enter or upload to Financiator or synchronize with it unlawful content or
content that infringes copyright or any other third-party rights. You may not upload any content describing or depicting violence or content which is pornographic, discriminatory,
racist, defamatory or otherwise illegal and share it with other users of Financiator.
</p>
<p>Provider has no responsibility for the accuracy of the content you provided to Financiator or synchronized with it or which was created by Financiator based on your input.</p>
<p>You are solely responsible for backing up the content you enter or upload to Financiator or synchronize with it.</p>
<h2>License and ownership</h2>
<p>Financiator application and all rights therein, including intellectual property rights, shall remain Provider's property or the property of its licensors. Nothing in the Terms shall be
construed to grant you any rights, except for the limited license granted below.
</p>
<p>Subject to the Terms, Provider grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use Financiator and its Premium features purchased pursuant
to the Terms on any same-platform device (i.e. iOS device) that you own and control. The license is granted solely for your personal, non-commercial use. Therefore, you may not rent,
lease, lend, sell, transfer, redistribute, or sublicense the Financiator application. Third-party services or libraries included in Financiator are licensed to you either under these
Terms, or under the third party's license terms, if applicable.
</p>
<p>Based on your license, you may not access Financiator with other means than the official application, mine or extract any data from Financiator databases, modify, reverse engineer, hack,
decode, decrypt, decompile, disassemble or create derivative works of Financiator application or any part thereof and circumvent any technology used to protect the Premium features. You
also may not remove, delete or obliterate any copyright notices, proprietary labels or private legends placed upon or found within the Financiator application.
</p>
<h2>Hardware and System Requirements</h2>
<p>Information about the current hardware and system requirements of Financiator, technical restrictions and other limitations are always available on the platform-specific page of the
application.
</p>
<h2>Maintenance and Support</h2>
<p>Financiator is subject to a continuous development and Provider reserves the right, at its sole discretion, to update the Financiator application, change the nature of Financiator or modify
or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update Financiator.
</p>
<p>Provider does not guarantee an uninterrupted provision of the services. Financiator or integrated third-party services may be temporary unavailable due to the maintenance, certain technical
difficulties, or other events that are beyond Provider's control.
</p>
<p>If you have some questions, problems or suggestions, you can reach the Provider via contacts provided hereafter. However, you acknowledge that the support to non-paying users of Financiator
is limited due to the limited capacity of the Provider.
</p>
<h2>Premium Features and Prices</h2>
<p>Financiator application is available free of charge. Free version allows you to use only the basic features of Financiator. You can unlock Premium features by buying suitable subscription
plan or temporary unlock them watching advertisements provided by Provider.
</p>
<p>Current detailed information about the subscription offer is always available in the Financiator application.</p>
<p>Subscriptions are concluded for the term specified in your order. You can choose between 1 month and 12 months' term.</p>
<p>Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax).</p>
<p>Provider does not guarantee that Financiator or any of its features will always be free and reserves the right, at its sole discretion, to change the pricing at any time.</p>
<p>Downloading or using Financiator may incur additional costs for the Internet connection according to the standard rates of your ISP. You shall bear all such costs relating thereto.</p>
<h2>Payments and Refunds</h2>
<p>You can purchase subscriptions simply by pressing the "BUY" button in the purchase dialogue, which summarizes information about billing type, price and term.</p>
<p>By pressing the "BUY" button you enter into an additional agreement pursuant to the Terms. Due to the method of conclusion of the agreement, the text of the agreement is neither saved
nor accessible.
</p>
<p>In a case you are a consumer with your normal place of abode or residence in the European Union, by pressing the "BUY" button you also consent that the contractual performance will
start immediately and you acknowledge that for this reason you lose your right of withdrawal.
</p>
<p>Payment is due and payable immediately upon completion of the purchasing process. Performance starts immediately after a successful transaction through electronic means by unlocking
Premium features in Financiator application. Purchasing subscription requires Internet connection which may incur additional costs according to the standard rates of your ISP.
</p>
<p>If you purchased a subscription, it will automatically renew itself for another term of the same length, unless you cancel it before the current term runs out. The subscription price is
charged on the first day of the new term. You can cancel your subscription at any time. The cancellation will take effect the day after the last day of the current subscription term
and Financiator will be downgraded.
</p>
<p>Available payment methods, include but are not limited to, credit and debit cards, gift cards or PayPal and may vary according to the distribution platform.</p>
<p>Provider itself doesn't store any payment information or process payments. Distribution platforms, payment solution providers or their contractors are solely responsible for the payment
processing.
</p>
<p>Refunds for the in-app purchases are generally not provided.</p>
<h2>Trials</h2>
<p>Provider may offer subscriptions with a specified trial period without payment. However, you are required to provide your payment details to start such subscription. The regular
subscription plan with your selected term will begin automatically after the expiry of the trial period, unless you cancel it before the period runs out. The first payment for the
subscription will process on the first day following the end of the trial period. By starting the subscription with trial period and providing your payment details you agree with
possible future charges for the subscription.
</p>
<h2>Privacy</h2>
<p>By using Financiator you acknowledge that Provider will process your personal data to the extent necessary for providing the services according to this Agreement. All information, including
the extent and the manner of processing your personal data is included in the "Privacy Policy", which forms an integral part of the Terms.
</p>
<p>You can withdraw given consents regarding personal data processing at any time within the Financiator application.</p>
<h2>Warranties and Limitation of Liability</h2>
<p>TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING
WITHOUT LIMITATION, LOSS OF USE, DATA, AND PROFITS, PROPERTY DAMAGE OR OTHER INTANGIBLE OR ECONOMIC LOSS, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE FINANCIATOR AND
INTEGRATED THIRD-PARTY SERVICES, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, CANCELLATION OR MODIFICATION, HACKING ATTACKS, FAILURE, MALFUNCTION OR OCCURRENCE OF OTHER ERRORS IN THE
OPERATION OF FINANCIATOR OR INTEGRATED THIRD-PARTY SERVICES, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE PROVIDER'S LIABILITY
FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL PROVIDER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED FIFTY U.S. DOLLARS ($50.00). SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT FULLY APPLY TO YOU.
</p>
<p>YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE FINANCIATOR APPLICATION AND INTEGRATED THIRD-PARTY SERVICES IS AT YOUR SOLE RISK AND THEREFORE THE ENTIRE RISK, IN PARTICULAR AS TO
SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY AND EFFORT, REMAINS SOLELY WITH YOU. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE
FINANCIATOR APPLICATION AND INTEGRATED THIRD-PARTY SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND EXCEPT AS SET
FORTH IN THE PRESENT TERMS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT FULLY APPLY TO YOU.
</p>
<h2>Indemnification</h2>
<p>You agree to indemnify and hold Provider, its directors, officers, employees and other representatives, harmless from any and all third-party claims arising out of your use of Financiator
and integrated third-party services, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and
attorneys' fees.
</p>
<h2>Third-party Services</h2>
<p>Financiator or its parts may integrate or otherwise include third-party services or content. You acknowledge that also other terms and conditions than these Terms may apply to your use of
such third-party services (including privacy policies) and that Provider does not guarantee availability of such services and content. You must agree and comply with any applicable
third-party terms when using Financiator. The mere fact that Financiator integrates or otherwise includes third-party services or content does not constitute an endorsement of Financiator
by respective third parties.
</p>
<h2>Export Control</h2>
<p>You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a
terrorist-supporting country and you are not listed on any U.S. Government list of prohibited or restricted parties.
</p>
<h2>Consumer information</h2>
<p>Monitoring and inspection in the field of consumer protection is carried out by the Spanish competent authority.</p>
<p>In a case of a consumer dispute between you and Provider which fails to be settled by mutual agreement, you are entitled to apply for an alternative (out-of-court) resolution of such
dispute to the Spanish autorities.
</p>
<h2>Governing Law and Disputes</h2>
<p>Unless otherwise required by a mandatory law of any jurisdiction, the Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation shall
be governed by the laws of Spain. All court disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered
office of Provider.
</p>
<h2>Severability</h2>
<p>If any provision of the Terms is held invalid or unenforceable to any extent, such invalidity or unenforceability shall not in any manner affect or render invalid or unenforceable other
provisions of the Terms. The provision shall be enforced to the fullest extent permitted by law or deemed replaced by a provision that is valid and enforceable and that comes closest
to the original intent and purpose.
</p>
<h2>Language</h2>
<p>We agreed on English as a primary language of communication between you and the Provider. All information about Financiator is available in the English language. The Terms are available in
the English language only. English shall be also the binding and controlling language for the additional agreements concluded pursuant to the Terms.
</p>
<h2>Complaints and Contact Information</h2>
<p>Your questions, complaints or claims with respect to Financiator should be directed to:</p>
<p>Mail:
<a href="mailto:financiator.app@gmail.com">financiator.app@gmail.com</a>
</p>
</body>
<body>
<h1>Privacy Policy</h1>
<p>Before using Financiator you are required to acquaint yourself with the Terms of Use ("Terms") and this Privacy Policy ("Policy") regulating the collection, processing and use of your
personal
data. The Policy forms an integral part of the Terms and all definitions and names shall have the respective meaning defined therein.
</p>
<p>You agree to provide the Provider always only accurate, truthful and current personal data and keep it up to date.</p>
<h2>Service provision</h2>
<p>You acknowledge that FINANCIATOR ("Provider") doesn't process any of your personal data.</p>
<p>Sharing your Personal Data with other users of Financiator is completely under your control.</p>
<p>Data processors being used by the Provider include:
<br>
</p>
<ul>
<li>Google Commerce Limited, 70 Sir John Rogerson's Quay, 2 Dublin, Ireland</li>
<li>Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA</li>
</ul>
<p></p>
<h2>Your rights</h2>
<p>You acknowledge that in relation to the Personal data processing you have the right to access your Personal data. If you find or presume that the Provider or any of data processors is
carrying out processing of your Personal data which is in contradiction with the protection of your private and personal life or with the law, you are entitled to contact them with a
complaint concerning the processing of your Personal data and ask for explanation and/or require them to remedy the arisen state of affairs, in particular by blocking (from 25. 5. 2018
"restriction of the processing"), rectification, supplementing or liquidation (from 25. 5. 2018 "erasure") of your personal data.
</p>
<p>
<b>You acknowledge that you have also right to object, on grounds relating to your particular situation, to processing based on legitimate interest (service improvement and development),
including profiling (from 25. 5. 2018). You furthermore acknowledge that you have also right to object to processing for direct marketing purposes (from 25. 5. 2018).
</b>
Where you object to processing, the Provider will no longer process your Personal data for the respective purposes.
</p>
<h2>Survey Serving Technology</h2>
<p>This app uses Pollfish SDK. Pollfish is an on-line survey platform, through which, anyone may conduct surveys.
Pollfish collaborates with Developers of applications for smartphones in order to have access to users of such applications and address survey questionnaires to them.
When a user connects to this app, a specific set of user’s device data (including Advertising ID which will may be processed by Pollfish only in strict compliance with google play policies
and/or other device data) and response meta-data (including information about the apps which the user has installed in his mobile phone) is automatically sent to Pollfish servers,
in order for Pollfish to discern whether the user is eligible for a survey. For a full list of data received by Pollfish through this app, please read carefully Pollfish respondent terms
located at https://www.pollfish.com/terms/respondent.
These data will be associated with your answers to the questionnaires whenever Pollfish sents such questionnaires to eligible users.
By downloading the application you accept this privacy policy document and you hereby give your consent for the processing by Pollfish of the aforementioned data.
Furthermore, you are informed that you may disable Pollfish operation at any time by using the Pollfish “opt out section” available on Pollfish website.
We once more invite you to check the respondent’s terms of use, if you wish to have more detailed view of the way Pollfish works.
APPLE, GOOGLE AND AMAZON ARE NOT A SPONSOR NOR ARE INVOLVED IN ANY WAY IN THIS CONTEST/DRAW. NO APPLE PRODUCTS ARE BEING USED AS PRIZES.
</p>
<h2>Analytics Data</h2>
<p>You acknowledge that Provider may collect and use analytics data, including but not limited to information about your mobile device and system, Internet connection or your use of
Financiator application. The purpose of the collection of analytics data is to ensure quality, increase your comfort and further analyse and develop Financiator and related services.
Google Analytics https://support.google.com/analytics/answer/6004245.
</p>
<p>Technical data is anonymous and stored separately from the Personal Data, therefore it cannot be linked back to you in any way in order to identify you.</p>
<h2>Contact information</h2>
<p>If you have any queries relating to the protection and security of your data, please contact Provider's data protection officer at
<a href="mailto:financiator.app@gmail.com">financiator.app@gmail.com</a>
</p>
</body>
</html>
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