Terms of Use

Terms of Use

Beautistics is an application for various platforms, developed and offered to you by Maxim Solntsev as independent developer, with its address at Czech Republic, Most 434 01, tř. Budovatelů 2392/88 č. 34 ("Provider"). It enables its users to save their cosmetics items information, to track their budgets and statistics. Your use of the Beautistics application and all the related services provided through it by Provider (collectively referred as "Beautistics") 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.


Beautistics is currently available in its basic version free of charge, however it contains in-app purchases as it offers also paid subscriptions with additional features ("Paid features").


Acceptance


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 distribution platforms or in the Beautistics application and you have the right to request them to be sent to your e-mail in the form of a PDF file. You are expressing your acceptance and willingness to be bound by these Terms by using or otherwise accessing Beautistics.


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 Beautistics.


By accepting these Terms you declare that you are not a politically exposed person as defined by Section 4 (5) of the Act No. 253/2008 Coll. on anti-money laundering, as amended. If you fail to comply or ceased to comply with this condition, or if you have any doubt as to whether you fulfil this condition, you must contact the Provider by e-mail: admin@beautistics.com.


Term and Termination


The Agreement will remain in full force and effect while you use Beautistics and until terminated by either you or the Provider. 


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 Beautistics application. Refund of your purchases is in such case not possible.


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. In exceptional circumstances under relevant EU or Czech law, such as money laundering or terrorist financing, any action which targets the freezing of funds, or any specific measure linked to the prevention and investigation of crimes, Provider may terminate the Agreement without notice at any time. In case of termination due to your breach of the Terms you are not entitled to any refunds.


Amendments


When there are changes in laws or regulations, conditions in the financial services markets, technology or organizational 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 Beautistics application, Provider may amend the Terms at its sole discretion. Such an amendment may cover areas such as amending and terminating the Agreement, registering a user account or Paid features and prices. You will be notified about the planned changes in advance through Beautistics application. The updated Terms will be published 2 months prior to the effective date. By continued use of Beautistics, 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.


Release of updated version of the Beautistics 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 Beautistics application.


Your use of Beautistics


You must use Beautistics 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.


You must not use Beautistics 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.


User content


You may enter and upload to Beautistics or synchronize with it texts, numerical data, photos or other content. You retain copyright and all other rights to your content that qualifies for a legal protection. For such content you grant Provider a worldwide non-exclusive, no-charge and royalty-free license to use it in the connection with provision of the services, including without limitation, rights to copy, reproduce, modify, create derivative works of, publish, display, upload, transmit, distribute, market and sublicense. You represent that you have all necessary rights and consents to do so. The license lasts for the full term of the copyright or until a termination of the Terms.


You are solely responsible for any content you provide to Beautistics and for any consequences thereof. You may not enter or upload to Beautistics 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 Beautistics.


Provider does not review the user content but reserves the right to remove or disable access to any user content for any reason.


Provider has no responsibility for the accuracy of the content you provided to Beautistics or synchronized with it or which was created by Beautistics based on your input.


You are solely responsible for backing up the content you enter or upload to Beautistics or synchronize with it.


License and ownership


Beautistics 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.


Subject to the Terms, Provider grants you a limited, non-exclusive, non-transferrable, non-sublicensable license, to access and use Beautistics and its Paid 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 Beautistics application. Third-party services or libraries included in Beautistics are licensed to you either under these Terms, or under the third party's license terms, if applicable.


Based on your license, you may not access Beautistics with other means than the official application, mine or extract any data from Beautistics databases, modify, reverse engineer, hack, decode, decrypt, decompile, disassemble or create derivative works of Beautistics application or any part thereof and circumvent any technology used to protect the Paid features. You also may not remove, delete or obliterate any copyright notices, proprietary labels or private legends placed upon or found within the Beautistics application.


Maintenance and Support


Beautistics is subject to a continuous development and Provider reserves the right, at its sole discretion, to update the Beautistics application, change the nature of Beautistics or modify or discontinue some of the features without prior notice to you. You acknowledge that Provider has no obligation to maintain or update Beautistics.


Provider does not guarantee an uninterrupted provision of the services. Beautistics 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.


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 Beautistics is limited due to the limited capacity of the Provider.


Premium Features and Prices


Beautistics application is available free of charge. Free version allows you to use only the basic features of Beautistics. You can unlock Paid features by buying suitable subscription plan.


Current detailed information about the subscription offer is always available in the Beautistics application.


Subscriptions are concluded for the term specified in your order. You can choose between 1 month and 12 months' term.


Prices are displayed in your local currency (if supported) and always include the applicable VAT (Value Added Tax).


Provider does not guarantee that Beautistics or any of its features will always be free and reserves the right, at its sole discretion, to change the pricing.


Downloading or using Beautistics may incur additional costs for the Internet connection according to the standard rates of your ISP. You shall bear all such costs relating thereto.


Payments and Refunds


You can purchase subscriptions simply by pressing the "BUY" button in the purchase dialogue, which summarizes information about billing type, price and term.


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.


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 do not dispose right of withdrawal.


Payment is due and payable immediately upon completion of the purchasing process. Performance starts immediately after a successful transaction through electronic means by unlocking Paid features in Beautistics application. Purchasing subscription requires Internet connection which may incur additional costs according to the standard rates of your ISP.


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 Beautistics will be downgraded.


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.


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.


Refunds for the in-app purchases are generally not provided.


Trials


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.


Privacy


By using Beautistics 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.


You can withdraw given consents regarding personal data processing at any time within the Beautistics application.


Warranties and Limitation of Liability


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 BEAUTISTICS AND INTEGRATED THIRD-PARTY SERVICES, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, CANCELLATION OR MODIFICIATION, HACKING ATTACKS, FAILURE, MALFUNCTION OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF BEAUTISTICS 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.


YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE BEAUTISTICS 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 BEAUTISTICS 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.


IN THE EVENT THAT THE INSURANCE CLAIM IS ESTABLISHED IN EUROPE AND RELATES TO THE PROVIDER'S INSURANCE CONTRACT CONCLUDED ACCORDING TO THE LAW 370/2017 SB. ON THE PAYMENT SERVICES, AS AMENDED (IN CZECH: ZÁKON O PLATEBNÍM STYKU), YOU HAVE THE RIGHT TO DAMAGES TO THE EXTENT ALLOWED BY THE LAW, THE INSURANCE CONTRACT, AND THE RELEVANT INSURANCE POLICY CONDITIONS.


IF THE LAW ON PAYMENT SERVICES IS APPLICABLE, THE PROVISIONS OF THIS SECTION "WARRANTIES AND LIMITATION OF LIABILITY" APPLY TO THE EXTENT IN WHICH THIS LAW IS NOT CONTRAVENED.


Indemnification


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 Beautistics 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.


Third-party Services


Beautistics or its parts may integrate or otherwise include third-party services or content such as Facebook Login, Firebase or Google services. 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 Beautistics. The mere fact that Beautistics integrates or otherwise includes third-party services or content does not constitute an endorsement of Beautistics by respective third parties.


iOS Platform


If you are an iOS device user, the terms in this section also apply to you:


You acknowledge that the Terms are concluded between you and Provider only, not with Apple, and that Provider, not Apple, is solely responsible for Beautistics application and the content thereof, excluding user content.


The license granted to you must be limited to use Beautistics only as permitted by the Usage Rules set forth in the App Store Terms of Service, except that Beautistics may be accessed and used by other accounts associated with the purchaser via Family Sharing.


Provider and not Apple is solely responsible for providing any maintenance and support services with respect to Beautistics. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Beautistics.


In the event of any failure of Beautistics to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Beautistics, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be sole responsibility of Provider.


Provider, not Apple, is responsible for addressing any your or third-party claims relating to Beautistics or your possession and/or use of Beautistics, including, but not limited to, product liability claims, any claim that the Beautistics fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.


You acknowledge that, in the event of any third-party claim that Beautistics or your possession and use of Beautistics infringes that third party's intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.


You acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.


Auto-renewable nature of subscriptions: subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.


Export Control


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.


Consumer information


Monitoring and inspection in the field of consumer protection is carried out by the Czech Trade Inspection Authority (COI).


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 Czech Financial Arbitrator with its seat at Legerova 69, 120 00 Prague, Czech Republic, E-mail: arbitr@finarbitr.cz, Web: www.finarbitr.cz/en/.


Governing Law and Disputes


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 the Czech Republic. All court disputes shall be referred to the courts having substantive and local jurisdiction based on the address of the registered office of Provider.


Severability


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.


Language


We agreed on English as a primary language of communication between you and the Provider. All information about Beautistics 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.


Complaints and Contact Information


Your questions, complaints or claims with respect to Beautistics should be directed to:


Maxim Solntsev, Czech Republic, Most 434 01, tř. Budovatelů 2392/88 č. 34 

Mail: admin@Beautistics.com