Terms and Conditions

These Terms of Use (“Terms”) are a contract between you and AG Softworks LLC (“AG Softworks” or “we”) and govern your access to and use of any AG Softworks website, mobile application Boook  or content, or products and/or services made available through them (collectively, the “Service”). Please read these Terms carefully before accessing and using the Site and the App.

By agreeing to these Terms, you represent and warrant to us that: (а)you are at least 18 years old; (b) you have not previously been suspended or removed from the Service; and (c)  your use of the Service is in compliance with any and all applicable laws and regulations. If you are under the age of 18, you represent that you have your Parent’s permission to use the Service.

Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the App or the Website and tells you about your privacy rights and how the law protects you. Please read Our Privacy Policy carefully before using our Service.

‍‍

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE,

YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING AGSOFTWORKS’ PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND AGSOFTWORKS’ PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY AGSOFTWORKS AND BY YOU TO BE BOUND BY THESE TERMS.

1. GENERAL PAYMENT TERMS

Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in local currency and are non-refundable.

2. PRICE

AG Softworks reserves the right to determine pricing for the Service. AG Softworks may change the fees for any feature of the Service, including additional fees or charges, if AG Softworks gives you advance notice of changes before they apply. AG Softworks, at its sole discretion, may make promotional offers with different features and different pricing to any of AG Softworks’ customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

3. SUBSCRIPTION SERVICE

The Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a Subscription Service, you authorize AG Softworks to periodically charge (monthly, annually), on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. For information on the “Subscription Fee”, please see the applicable mobile application or mobile application store. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. We will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by cancelling the subscription in the applicable application store, such as the Apple App Store 

All billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.

The Application Store's refund policy will apply for refund requests. If You wish to request a refund, you may do so by contacting the Application Store directly (the Apple App Store).

In order to cancel a subscription in App Store you need to:

●        Select your account in the device Settings

●        Tap iTunes and App Store

●        Tap your Apple ID

●        Tap “View Apple ID”

●        Scroll down and tap “Subscriptions”

●        Unsubscribe.

At some point, we may wish to update the App. The App is currently available on iOS – the requirements for system may change, and you’ll need to download the updates if you want to keep using the app. AG Softworks does not promise that it will always update the app so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you. We may also wish to stop providing the App, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

4. FREE TRIAL

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time.

You may be required to enter your billing information in order to sign up for the Free Trial.

If you do enter your billing information when signing up for a Free Trial, you will not be charged by the Company until the Free Trial has expired. On the last day of the Free Trial period, unless you canceled your Subscription, you will be automatically charged the applicable Subscription fees for the type of subscription you have selected.

At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

5. INTELLECTUAL PROPERTY

The Service is owned and operated by AG Softworks. The visual interfaces, graphics, design, characters, gameplay, digital assets, sounds, music, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“Materials”) provided by AG Softworks are protected by intellectual property and other laws. All Materials included in the Service are the property of AG Softworks or its third party licensors. Except as expressly authorized by AG Softworks, you may not make use of the Materials. AG Softworks reserves all rights to the Materials not granted expressly in these Terms.

 The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries. 

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

‍

Limited License.

Subject to your complete and ongoing compliance with these Terms, AG Softworks grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile application associated with the Service obtained from a legitimate marketplace on a mobile device that you own or control; (b) access and use the Service.

License Restrictions.

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.

6. YOUR FEEDBACK TO US

You assign all rights, title and interest in any Feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

7. LINKS TO OTHER WEBSITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

8. PROHIBITED CONDUCT

BY USING THE SERVICE YOU AGREE NOT TO:

a. use the Service for any illegal purpose or in violation of any local, state, national, or international law;

b. harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;

c. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

d. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

е. use, develop, host or distribute cheats, exploits, automation software, bots, hacks, mods or any other unauthorized third-party software in connection with the Service, or engage in any form of cheating, boosting, or booting;

f. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

g. perform any fraudulent activity including faking in-app purchases, impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;

h. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or

i. attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.

9. TERMINATION

We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.

Upon termination, your right to use the Service will cease immediately.

10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AG SOFTWORKS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY AG SOFTWORKS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF THE COMPANY AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU THROUGH THE SERVICE OR 100 USD IF YOU HAVEN'T PURCHASED ANYTHING THROUGH THE SERVICE.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY. IN THESE STATES, EACH PARTY'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

11. "AS IS" AND "AS AVAILABLE" DISCLAIMER

The Service is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) asto the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

12. GOVERNING LAW

The laws of the Republic of Belarus, excluding its conflicts of law rules, shall govern this Terms and your use of the Service. Your use of the Application or Website may also be subject to other local, state, national, or international laws.

13. DISPUTES RESOLUTION

Disputes and disagreements that may arise under this Agreement are resolved by observing the pre-trial (claim) procedure. The term for consideration by the Company of a claim is 7 (seven) calendar days from the date of its receipt from the User.

If the Parties do not come to an agreement, these disputes and disagreements are resolved in court in accordance with the current legislation of the Republic of Belarus.

14. SEVERABILITY

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15. WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

16. TRANSLATION INTERPRETATION

These Terms and Conditions may have been translated if we have made them available to you on our Service. You agree that the original English text shall prevail in the case of a dispute.

17. CHANGES TO THESE TERMS AND CONDITIONS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Such revisions shall be effective immediately. 

By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

18. CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

• By email: hello@agsoftworks.com
• ‍By visiting this page on our website: https://www.agsoftworks.com/