IMPORTANT: YOU SHOULD CAREFULLY READ THIS DOCUMENT (hereinafter referred to as "LICENSE"), BECAUSE THIS IS A LEGALLY BINDING AGREEMENT, WHICH SUBJECT IS GRANTING A LICENSE TO USE THE g.loci APPLICATION (hereinafter referred to as "APPLICATION"). IF YOU DO NOT ACCEPT THIS LICENSE, DO NOT DOWNLOAD AND/OR INSTALL THE APPLICATION, AND IF IT HAS ALREADY BEEN INSTALLED YOU HAVE TO STOP USING IT AND UNINSTALL IT IMMEDIATELY. FAILURE TO COMPLY WITH THE ABOVE REQUIREMENTS WILL BE CONSIDERED FULL ACCEPTANCE OF ALL THE TERMS OF THIS LICENSE.

 

License agreement

 

last update on July 14th, 2021

This license agreement for the usage of the g.loci application (hereinafter referred to as "License") is legally binding between the user of the g.loci application (hereinafter referred to as "Licensee") and the owner of the g.loci application (hereinafter referred to as "Licensor").
Only natural persons over the age of 13 who have the capacity to incur obligations and acquire rights on their own behalf may be the licensee. Persons who are at least 13 years of age but are under 18 years of age (or of legal age in accordance with applicable regulations) may install and use the g.loci application (hereinafter referred to as the "Application") only under the supervision of a parent or legal guardian who agrees to be bound by the terms of the License and to take full responsibility related to the above installation and use of the Application.
Use of the Application requires compliance with export control laws. Licensee represents and warrants that it will ensure compliance with these laws and is not located in a United States (US) embargoed country or recognized by the US government as a "terrorist supporting" country, and is not affiliated with entities and / or persons covered by the US government lists of persons and entities subject to prohibitions or restrictions.
The Licensor grants the Licensee an indefinite, non-exclusive license to use the Application solely for his own, non-commercial use, in accordance with the provisions of this License.
The granting of this License is expressly subject to acceptance of all its terms and conditions.
  
This License shall gain legal force from the moment it is accepted by the Licensee by checking the acceptance boxes next to the words: "I confirm that I have fully read, understood and accept the terms and conditions of the License Agreement and the Privacy Policy of the g.loci mobile application" and "I agree to the use of files cookies and / or other similar technologies by the g.loci application, services and libraries it uses, and websites associated with this application" and pressing the "Next" button and installing the Application or after the Licensee has been installed and / or started using the Application in any other way. Each of these activities means that the Licensee confirms that they have fully read, understand and accept all the terms and conditions of this License and confirm their ability to conclude this License Agreement (License) in accordance with its terms and applicable laws and agrees to be bound by License terms.
License Acceptance is voluntary, but necessary to run and use the Application.
The Licensee accepts this License on his own behalf and other persons using or having access to the Application on the device which the Licensee owns or controls. The Licensee is responsible for the use of the Application by the persons referred to above, and for their compliance with the provisions of the License.
If the Licensee does not agree to the terms of this License, they should not install and use the Application, and in the event the application is already installed they are obliged to immediately cease all use of the Application and uninstall it from all devices on which it was installed, and which the Licensee is the owner or disposer of or over which exercises control (hereinafter referred to as "Device").
  
The Licensor provides the Application for use, in accordance with this License, through Google Play online stores and App Store (hereinafter referred to as the "Store"), taking into account separate Store regulations made available by its owner.
The license to use the Application is granted without additional fees for its granting.
Downloading, installing the Application and using some of its functions requires an internet connection and using the data transmission and archiving service (depending on the this method of data archiving by the Licensee).
To the extent that in connection with the use of the Application there is a use of services provided by third parties, the Licensee is obliged to comply with the regulations set out by these entities (in particular regulations and contracts) and to pay all fees related to the use of their services.
The Licensee covers all fees and costs related to the above activities and other resulting from using the Application on their own. The Licensor is not responsible for the amount of these fees and costs.
  
This License is valid for the entire duration of your use of the Application, unless otherwise stated in this License.
The Licensee may at any time stop using the Application. Cessation of using the Application requires uninstalling it from the Device.
  
The Licensor reserves the right to update and change the Application and its functionality.
By accepting this License, Licensee consents to automatic Updates.
The Licensee's rights to use previous versions of the Application, other than the current version, shall terminate upon installing and / or using the newer version of the Application.
At the same time, the Licensor reserves the right to remove, at any time, the Application from the Store, cease its activities and remove the Licensor's websites associated with the Application. The Licensee agrees that the above changes, updates and deletions may be made at any time without notice and that the Licensor, in this respect, will not bear any negative consequences or any liability towards the Licensee.
  
The Licensee declares that they acknowledge that the Application is for fun only, and its only purposes are to try to give an interesting setting to the messages communicated by the Licensee and to try to draw the Licensee's attention to the importance of memories in everyday life.
The application is not a utility for recording, storing and / or transmitting information to the Licensee and other content, in particular it may not be used to record content, the disclosure or loss of which may expose anyone to any harm.
  
The application enables the Licensee to create content, including movies, texts and messages (collectively referred to as "User Content").
The Licensee confirms that they acknowledge that, to a large extent, especially in long-term use, the functionality of the Application depends on the archiving activities of the Licensee, for which he is fully responsible.
User Content must be protected by the Licensee and secured so that it does not fall into the hands of unauthorized third parties, and the Licensee bears full responsibility for this situation and for damages and harms related to the disclosure of User Content.
The Licensee is obliged to take all steps to avoid and minimize damages that could result from the installation and use of the Application, including those related to the loss or disclosure of User Content.
The Licensee is obliged to immediately cease using the Application and immediately take all other necessary actions if it becomes aware that such use causes any damage or harm.
  
Due to the construction of the Application, resulting from the adopted rule of maximum limitation of the Licensee's necessity to provide any data, including no need to log in, the Licensor has no technical possibilities to diagnose the operation of the Application or to repair it on a specific Licensee's Device.
In connection with the above, the Licensor confirms that they have acknowledged and accept the fact that the Licensor does not provide website services or services supporting the operation of the Application on a specific Device, and the repair of reported errors can only take place as part of installing new versions / updates of the Application. At the same time, the Licensee acknowledges that the Licensor does not guarantee that reported errors in the operation of the Application will be removed.

 

OWNERSHIP, COPYRIGHT AND INTELLECTUAL PROPERTY

 

The ownership of the Application is not transferred to the Licensee.

All rights related to content that can be accessed using the Application are the property of their respective owners and may be protected by copyright protection provisions or other international intellectual property laws and agreements.

The application may contain libraries and other third party software. Information about libraries and other third-party software and the licenses associated with them can be found in the Application.

The copyright to the Application, subject to third-party software provided in the Application or forming part of it, belongs to the Licensor or third parties with whom rights, the Licensor uses based on concluded contracts or on the terms of appropriate licenses.

Licensee agrees that third parties with intellectual property rights to the software being part of the Application have the right to enforce their rights and obligations as well as to take appropriate legal steps, including seeking damages against Licensee in the event of Licensee's violation of their rights or their obligations.

The Licensee does not receive any intellectual property rights of the Licensor.

The Licensee declares that during the term of the License as well as after that time, they will not use in any way for purposes that may be considered prejudicial to any property of the Licensor, the name of the Application, its logo and other elements constituting the intellectual property of the Licensor, or names, logos and other items similar to the above.

Subject to this License and Privacy Policy, the Licensee retains all rights to User Content, and the Licensor does not claim ownership of User Content created as part of the Application's functionality.

 

 

LIMITATIONS ON THE LICENSOR'S WARRANTIES AND OBLIGATIONS

 

The Licensee acknowledges that the operation of the Application is influenced by a number of factors and there may be circumstances affecting its operation, which are not the responsibility of the Licensor, including those for which it is not possible to examine them exhaustively and to prevent their possible negative impact on the operation of the Application .

The Licensor strives to ensure the safe use of the Licensor's applications and websites associated with it, however, it cannot and does not guarantee that these services are and will be free from any damage, attacks, viruses, interference, hacking cases or other security breaches - the Licensor excludes any liability in this respect.

The Licensee acknowledges that any provisions of the License, as well as any content contained on the Licensor's websites related to the Application, should not be read as a guarantee of the correct and trouble-free operation of the Application.

The Licensee declares that despite the lack of such a guarantee, they alone make the decision to use the Application and assume all risk associated with it.

THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES, AND IS USED BY THE LICENSEE ON THEIR EXCLUSIVE RISK AND LIABILITY. LICENSOR DOES NOT WARRANT THAT THE APPLICATION DOES NOT HAVE ANY DEFECTS OR THAT IT WILL OPERATE ACCURATE, CONTINUOUS, ERROR-FREE AND CORRECTLY IN COMBINATION WITH EACH DEVICE OR SOFTWARE. THE LICENSOR CANNOT AND MAKES NO WARRANTY ON THE RESULTS (EFFECTS) THAT THE LICENSEE CAN OBTAIN BY USING THE APPLICATION OR THAT THEY WILL BE SUITABLE FOR THE PURPOSES SET BY THE LICENSEE AND / OR THAT THEY MEET THE REQUIREMENTS AND EXPECTATIONS OF THE LICENSEE. FURTHER, THE LICENSOR MAKES NO WARRANTIES FOR FOREIGN SOFTWARE WHICH MAY BE PROVIDED WITH THE APPLICATION.

The Licensor does not guarantee that the Application will be updated or will not be removed from the Store at any time, and the Licensor's websites associated with the Application will not be removed.

 

LIMITATIONS OF LIABILITY

 

The Licensee confirms that it acknowledges that the Application has not been designed in a way that ensures its optimal functioning on the Licensee's Devices, and the Licensor is not responsible for the lack of operation of the Application on a specific Device, including in particular the occurrence of interruptions in its functionality caused by differences in hardware, setting up internet connections, or personalizing the system and programming environment.

IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES tangible and intangible SUSTAINED BY YOU OR THIRD PARTIES AND IN PARTICULAR RESULTING FROM FAILURE OR MISUSE OF IMPLEMENTATION OF THE PROVISIONS OF THE LICENSE AND OUT OF THE USE OR INABILITY TO USE OF THE APPLICATION, INCLUDING THESE CAUSED BY FAULTS AND ERRORS IN THE APPLICATION.

IN PARTICULAR, IN NO EVENT SHALL LICENSOR ASSUME ANY LIABILITY FOR LOSS BY YOU OR ANY THIRD PARTY OF DATA, INCOME, SAVINGS AND/OR OTHER LOSSES, HARM OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE, REGARDLESS OF THE REASON CAUSED BY OR RELATED TO ACCESS TO OR USE OF THE APPLICATION, EVEN IF THE LICENSOR HAS BEEN INFORMED ABOUT THE POSSIBILITY OF SUCH LOSSES, DAMAGES, CLAIMS OR COSTS.

The Licensor is not responsible for any losses or damages related to the inability to access the functions of the Licensor's Application or websites related to the Application, for the inability to effectively use the Device used by the Licensee, or resulting from the failure of the Device, is also not responsible for the resulting dysfunction of other software used by the Licensee. The Licensor's liability for physical and legal defects of the Application or the media containing the Application is excluded.

The Licensor is not responsible for any damages that may be caused to the Licensee or to third parties due to any attacks, viruses, disruptions, hacking or other security breaches by third parties that may occur in connection with the use of the Licensor's websites related to the Application or the use of the Application, including in particular those related to file transfer as part of data sharing and archiving.

The Licensor is not responsible for the Licensee's inability to use of the Application in whole or in part if it is caused by updating or modifying the Application, or by updating and modifying other computer programs used by the Licensee.

The Licensor is also not responsible for any losses or damages that could be avoided if newer versions of the Application were installed and used.

All of the above exclusions of Licensor's liability shall also apply to any other effects of Licensee's installation and use of the Application that could give rise to claims and demands.

 

The Licensee declares that to the fullest extent permitted by applicable law, it releases the Licensor from liability for all types and nature of damage and harm that could arise from the installation and use of the Application and constitute the basis for any type of claims or claims.

 

RESTRICTIONS - PROHIBITED PROCEEDINGS AND CONTENT

 

The Licensee declares that they are aware that the activities listed below are prohibited and that in connection with the broadly understood use of the Application and the Licensor's websites associated with it, they will not:

•  violate any applicable law, intellectual property or other right of the Licensor or a third party or violate the personal rights of third parties (including the right to privacy) and any other rights that they may have;

• use the Application in a manner other than in accordance with this License;

• obtain the Application in a manner other than through the Store;

• install other versions than the latest version of the Application;

• sell, rent, rent, redistribute the Application or sub-license it;

• reverse engineer any aspect of the Application and related components, disassembly, decompilation or any activity that could result in obtaining the source code of the Application;

• attempt to circumvent, disable or break security measures and their components that restrict access to the Application, its components and elements associated with it, and / or protect and encrypt them

• modify the Application in any way or create derivative works, software supplementing or imitating the functionality of the Application;

• use the Application in connection with unauthorized, illegal, fake or modified hardware or software;

• in any way disrupt or adversely affect or prevent other users of the Application from fully using the services of the Licensor, in particular by publishing or distributing spam, misleading information, computer viruses, damaged data or other harmful software which, among others, could in any way damage , disable, overload or disrupt the operation of the Application or the Licensor's websites related to the Application, or cause any damage or injury to the Licensor or third parties (including other users of the Application);

• delete, change or otherwise modify any information on intellectual and industrial property (copyright, trademarks, trade secrets, etc.);

• use the Application for any unethical conduct, harassment, abuse, threats, intimidation or libel of any person or entity, or in a manner inconsistent with the principles of social coexistence and moral norms;

• create, store, share or publish any content that:

  + in any way violate applicable law or goods of the Licensor or third parties,

  + incite hatred of specific people or groups, promote their discrimination or insult them,

  + contain elements that may be considered indecent, obscene, pornographic or violating the rights to privacy or intimacy and dignity,

  + encourage you to commit a crime or any other violation of applicable law or give instructions in the above scope,

  + contain the image or any personal data of a third party without their consent, if such consent is required in accordance with applicable regulations,

  + deliberately mislead third parties.

In addition, the Licensee declares that he will not assist third parties in the abovementioned activities or encourage or / and enable them to perform these activities.

All of the above restrictions apply to the fullest extent permitted by applicable law in your jurisdiction.

 

EXTERNAL SERVICES

 

The licensor cooperates with analytical companies to understand how the Application is used.

In addition, the Licensor cooperates with advertisers and external advertising networks who need to know how the Licensee interacts with the ads made available in the Application, which helps to maintain the Licensee's cost-free use of the Application, as well as displaying targeted advertisements.

The Licensee acknowledges that the Application in connection with displayed advertisements may contain links to other websites and related external services, and agrees to place advertisements in the Application, also in a personalized manner.

If you click on a third party link, you may be directed to that third party's website. The fact that the Application displays ads and related links to third party websites does not constitute endorsement or authorization of the displayed information, services or any other connection with these third parties, nor does it endorse their policies or practices. The Licensor represents and warns that it has no control and assumes no responsibility for the content, privacy policy or practices of any third party websites or services. Licensee agrees to use the content and services of third parties at their sole risk and to bear all liability and consequences arising from this title.

 

VIOLATION OF LICENSE TERMS

 

If the Licensee breaches one or more provisions of this License, all Licensee's rights arising from the content of the License shall automatically terminate, and the Licensee shall be obliged to immediately cease using the Application and uninstall it from all Devices on which it was installed, and which the Licensee is the owner or disposer of or over which he exercises control.

The Licensor reserves the right to take legal action in the event of a breach of this License by the Licensee or third parties to whom the Licensee has enabled the use of the Application.

The Licensee undertakes that if a lawsuit or other claim is brought against the Licensee resulting from the Licensee's unlawful use of the Application, without undue delay (within 5 days from the date of obtaining such information), it shall inform the Licensor by e-mail at support@gloci.app . The title of the email sent in matters related to the License should start with the letters "LIC". The Licensee also undertakes that he will take all necessary steps to ensure that the Licensor may participate in court hearings related to the abovementioned lawsuits and claims, and that he will fully cooperate with the Licensor free of charge and provide him without undue delay (within 5 days) days from the date of receipt of the Licensor's inquiry), any information that may be relevant in the context of the settlement of these lawsuits and claims.

The Licensee, to the fullest extent permitted by law, undertakes to secure and defend the interests of the Licensor, which could be exposed as a result of claims of third parties arising in connection with the installation and use of the Application by the Licensee and third parties whom they have allowed to use the Application. The Licensee undertakes to pay all fees, costs and expenses related to the above-mentioned activities and defense of the above-mentioned claims and damages awarded as a result of settling the above-described court and other proceedings.

 

PERSONAL DATA PROTECTION

 

The Licensor processes personal data in accordance with the "Privacy Policy of the g.loci mobile application" (available on the website at https://www.gloci.app/en/privacy-policy) and applicable regulations.

 

ELECTRONIC COMMUNICATION

 

In matters related to the License, the Licensee is obliged to contact the Licensor by e-mail: support@gloci.app. The title of the email sent in matters related to the License should start with the letters "LIC". The Licensee must have the rights to send and read messages sent to the e-mail address which he wants to use as part of his contact with the Licensor. At the same time, the Licensee agrees to receive all correspondence from the Licensor via e-mail. Licensee agrees that any written text sent to him by the Licensor via e-mail will meet all legal requirements for communication, including, but not limited to, that such correspondence will be deemed to have been provided "in writing".

 

FINAL PROVISIONS

 

The original text of the License is prepared in Polish but the License may be made available in different languages. In order to avoid misunderstandings and ambiguities that could arise on the basis of the interpretation of different language versions of the License, the Polish language version of this License shall be binding in settling all disputes and in all proceedings. The Licensee bears all costs related to the translation of the abovementioned document and other documents and letters, the translation of which may be necessary in connection with the broadly understood use of the Application and its consequences.

The law applicable to the interpretation and application of the License is the law in force in the territory of the Republic of Poland, excluding conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply to Licenses.

The Licensee declares that it waives the rights to collective or consolidated actions brought against the Licensor, related to the broadly understood use of the Application and its consequences.

 

As long as the provisions of the License apply in a given jurisdiction, all limitations and exclusions of Licensor's liability contained in this License as well as Licensee's obligations and statements shall be applied to the fullest extent permitted by law.

Should any provision or part of the provisions of this License prove to be unlawful, void or unenforceable, this shall not affect the validity of the License for the remainder, the provisions of which remain valid. The unlawful, invalid or unenforceable provisions or parts thereof referred to above are considered to be separable from this License, and in place of these specific provisions, the general principles of generally applicable law shall apply.

All disputes arising from the implementation of this License will be settled by the court competent for the seat of the Licensor.

 

The Licensor may change the terms of this License at any time. The current version of the License is on the Licensor's website associated with the Application (at https://www.gloci.app/en/license). In the event of such a change, the date of the "last update" given at the beginning of the License will be updated.

The content of the License is also available in the Application, however, for technical reasons, it may not be updated, and the Licensee is always required to verify its validity and check whether a new version of the License for the above-mentioned has not been published on the above-mentioned website.

The Licensee is bound by the provisions of the latest version of the License, therefore, the above-mentioned website should be regularly checked by the Licensee to see any changes to the License. Any changes to the License will take effect 7 days from the date of publication of the new version of the License on the above-mentioned website. Continued use of the Application by the Licensee after this date will mean full acceptance of all provisions of the latest version of the License.

This License, regardless of whether it is changed or not, shall also apply accordingly to versions of the Application created after corrections, updates and any other changes in the Application.

 

The Licensee acknowledges that the Licensor is entitled to change his name (company name), registered office and / or legal form of business activity, together with the resulting changes in registration numbers, and agrees that the above changes will not require a change to this License.