Last updated: March 18, 2022

Please read these terms carefully before using our service.

Interpretation and definitions

Interpretation

The words with an initial capital letter have meanings defined in the following conditions. The following definitions have the same meaning regardless of whether they appear in the singular or plural.

Definitions

For the purposes of these Terms and Conditions:

  • Applicationmeans the software program or code provided by the Company that you have downloaded to any electronic device.
  • App Storemeans the digital distribution service managed and operated by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store), from which the Application has been downloaded.
  • Affiliatemeans an entity that controls, is controlled by or is under common control with the party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Accountmeans a unique account created for you to access our Service or parts of it.
  • Countryrefers to: Lithuania
  • CompanyorWe(referred to as “Company”, “We”, “Us” or “Our” in this Agreement) means UAB “Dataera”, J. Balčikonio g. 3 08247, Vilnius.
  • Contentmeans content such as text, images or other information that you may post, upload, link to or otherwise make available, regardless of the form of that content.
  • Devicemeans any device that can access the Service, such as a computer, mobile phone or digital tablet.
  • Feedbackmeans your feedback, recommendations or suggestions regarding our Service’s features, performance or service.
  • Free Trialmeans a limited period of time that may be free when purchasing a subscription.
  • Goodsmeans the goods offered for sale in the Service.
  • In-App Purchasemeans a purchase of a product, item, service or subscription made through the Application and subject to these Terms and/or the App Store’s own rules and conditions.
  • Ordersmeans your request to purchase Goods from Us.
  • Promotionsmeans contests, lotteries or other promotions offered through the Service.
  • Servicemeans the Application, the Website or both.
  • Subscriptionsmeans the services or access to the Service that the Company offers to you on a subscription basis.
  • Terms and Conditions(also referred to as “Terms”) means these Terms and Conditions that form the entire agreement between You and the Company regarding your use of the Service.
  • Third-Party Social Media Servicemeans any third-party service or content (including data, information, products or services) that the Service may display, include or make available.
  • Websiterefers to Dataera.lt, accessible fromwww.dataera.lt
  • Youmeans the individual accessing or using the Service, or the company or other legal entity on whose behalf such individual accesses or uses the Service, if applicable.

Acknowledgment

These are the terms and conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service.

You represent that You are over the age of 18. The Company does not permit persons under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Company’s Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application 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.

Placing Orders for Goods

By placing an order for Goods or Services through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an order for Goods or Services available through the Service, You may be asked to provide certain information related to Your order, including, without limitation, Your name, Your email address, telephone number, credit card number, expiry date for Your credit card, billing address and shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to Us is true, correct and complete.

By providing such information, You grant Us the right to provide information to third-party payment processors in order to facilitate the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons, including but not limited to:

  • Unavailability of Goods or Services
  • Errors in the description or prices of the Goods or Services
  • Errors in Your Order

We reserve the right to refuse or cancel Your Order if there is suspicion of fraud or unlawful or illegal transaction.

Your Right to Cancel an Order

Any Goods or money paid for Services may be refunded only in accordance with these Terms and Conditions and our Refund Policy.

Our Refund Policy is part of these Terms and Conditions. Please read our Refund Policy to find out more about Your right to cancel an order.

Your right to cancel an Order applies only to Goods that are returned in the same condition in which You received them. You should also include all product instructions, documents and packaging. No money will be refunded for Goods that are damaged, not in the same condition as received, or that have been used without opening the original package. Therefore, You should take good care of the Goods while they are in Your possession.

We will reimburse You no later than 14 days from the day on which We receive the returned Goods or confirm the cancellation of Services. We will use the same payment method that You used for the Order and You will not be charged any fees for such reimbursement.

You will not have any right to cancel an Order for the supply of any of the following Goods or Services:

  • Goods or Services made to Your specifications or clearly personalized.
  • Goods or Services of a nature that cannot be returned, are liable to deteriorate or expire quickly.
  • Goods that are not suitable for return due to health protection or hygiene reasons and have been unsealed after delivery.
  • Goods or Services that, after delivery, by their nature, are inseparably mixed with other Goods or Services.
  • Digital content not supplied on a tangible medium where the performance has begun with Your prior clear consent and You have acknowledged that You will lose Your right of cancellation.

Availability, Errors and Inaccuracies

We update our offerings of Goods and Services on the Service constantly. Our Goods and Services may sometimes be incorrectly priced, described inaccurately or unavailable, and therefore we may be delayed in updating information about our Services or advertising them on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and correct errors, inaccuracies or omissions at any time without prior notice.

Pricing Policy

The Company reserves the right to review its prices at any time before accepting an Order.

The Company may review the prices specified if an event occurs that affects delivery due to government action, customs fluctuations, increased shipping costs, higher foreign exchange costs and any other circumstances beyond the Company’s control. In that case, You will have the right to cancel Your Order.

Payments

All Goods or Services purchased are paid for in one payment. Payment can be made using various methods available to Us, such as Visa, MasterCard, Affinity Card, American Express cards or online (for example, PayPal).

Payment card verification (credit or debit card) and authorization of Your card by the issuer are carried out. If We do not receive the required authorization, We are not responsible for any delay or failure in delivery of Your Order.

Subscriptions

Subscription period

The Service or some parts of it are only accessible with a paid Subscription. You will be billed in advance on a recurring and periodic basis (for example, daily, weekly, monthly or annually), depending on the type of Subscription plan You choose when purchasing the subscription.

At the end of each period, Your subscription will be renewed automatically under the same conditions unless You cancel it or the Company cancels it.

Cancellation of subscriptions

You may cancel the renewal of a Subscription from the account settings page or by contacting the Company. Fees already paid for the current Subscription period will not be refunded and You may continue to use the Service until the end of the current Subscription period.

If the subscription was made via an In-App Purchase, You may cancel the renewal from the App Store.

Billing

You must provide the Company with accurate and complete billing information, including name, address, postal code, phone number and valid payment method information.

If automatic billing fails for any reason, the Company will issue an electronic invoice stating that You must continue the payment manually within the specified billing period.

If the subscription was made using an In-App Purchase, all billing is managed by the Application Store and subject to the Application Store’s own rules and conditions.

Changes in fees

The Company may, in its sole discretion and at any time, change subscription fees. Any change to a subscription fee will take effect at the end of the current Subscription period.

The Company will notify You in advance of any change in subscription fees so that You can cancel the subscription before the change takes effect.

Your continued use of the Service after the subscription fee change comes into effect constitutes Your agreement to pay the revised Subscription fee.

Refunds

Fees paid for subscriptions are non-refundable except where required by law.

The Company may, at its sole discretion, consider certain refund requests for subscriptions and grant them.

If the subscription was purchased via In-App Purchase, the Application Store refund policy will apply. If You want to request a refund, You can do so directly by contacting the App Store.

Free trial

The Company may, in its sole discretion, offer a subscription with a free trial for a limited period of time.

To register for a free trial, You may be required to enter Your billing information.

If You provide Your billing information when registering for a free trial, the Company will not charge You until the free trial period ends. On the last day of the free trial period, unless You cancel Your subscription, You will be automatically charged the applicable subscription fee for the selected subscription type.

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

In-App Purchases

The Application may provide the ability to purchase products, services or subscriptions.

For more information about how You can manage in-app purchases on Your device, please consult the rules and conditions of the Application platform or the device’s help settings.

In-app purchases may only be used in the Application. If You purchase through the Application, the purchase cannot be cancelled after You start downloading it. In-app purchases cannot be exchanged for cash or other compensation or otherwise transferred.

If any in-app purchase fails to download or does not work once it has been successfully downloaded, after You become aware of the failure or are notified of it, We will investigate the cause. We will act reasonably in deciding whether to provide You with a replacement in-app purchase or issue You a replacement for the fault. We will not charge You any fee for adjusting or repairing an in-app purchase. In the unlikely event that We cannot replace or repair the relevant in-app purchase or cannot do so within a reasonable period without causing You significant inconvenience, We may authorize the App Store to refund You the amount paid for the relevant in-app purchase. Alternatively, if You would like to request a refund, You can do so directly by contacting the App Store.

You acknowledge and agree that all billing and transaction processing is handled by the App Store from which You downloaded the Application and is subject to the same App Store rules and conditions.

If You have any payment-related problems with in-app purchases, You should contact the App Store directly.

Promotions

All Promotions offered through the Service may be governed by rules that differ from these Terms.

If You participate in any Promotions, please review the applicable rules and our Privacy Policy. If the rules for Promotions conflict with these Terms, the rules for the Promotion will apply.

User Accounts

When You create an account with Us, You must provide Us with information that is accurate, complete and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately if You become aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or a name that is not lawfully available for use, or a trademark that is subject to any rights of another person or entity other than You, without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Content

Your right to post Content

Our Service allows You to post Content. You are responsible for the Content that You post on the Service, including its legality, reliability and appropriateness.

By posting Content on the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Service. You retain all rights to any Content that You submit, post or display on or through the Service and are responsible for protecting those rights. You agree that this license grants Us the right to make Your Content available to other users of the Service, who may also use Your Content in accordance with these Terms.

You represent and warrant that: (i) the Content is Yours (you own it) or You have the right to use it and grant Us the rights and license to that Content as set out in these Terms, and (ii) Your posting of the Content on or through the Service does not violate the privacy, publicity, copyright, contracts or any other rights of any person.

Content restrictions

The Company is not responsible for the Content of users of the Service. You clearly understand and agree that You are solely responsible for the Content and all activities that occur under Your account, whether carried out by You or any third party using Your account.

You may not post any Content that is illegal, offensive, abusive, harassing, threatening, defamatory, obscene or otherwise unacceptable. Examples of unacceptable Content include, but are not limited to:

  • Promotion of illegal or unlawful activity.
  • Defamatory, discriminatory or abusive Content, including links or comments about religion, race, sexual orientation, gender, national / ethnic origin or other protected groups.
  • Spam, automated or unsolicited advertising, chain letters, any other form of unlawful solicitation or any form of lottery or gambling.
  • Viruses, worms, malware, Trojan horses or other Content designed or intended to disrupt, damage or limit the operation of any software, hardware or telecommunications equipment or to damage or gain unauthorized access to any data or other information of any third party.
  • Content that infringes any Intellectual Property rights of any country, including patents, trademarks, trade secrets, copyrights, publicity rights or other rights.
  • Impersonation of any person or entity, including the Company and its employees or representatives.
  • Any violation of any third party’s privacy.
  • False information and deceptive features.

The Company reserves the right, but is not obligated, to decide in its sole discretion whether any Content is appropriate and complies with these Terms, and to reject or remove that Content. The Company also reserves the right to format, edit and change any Content as necessary. The Company may also limit or suspend your use of the Service if You post such unacceptable Content. Because the Company cannot control all Content posted by users of the Service and/or third parties, You agree to use the Service at Your own risk. You understand that by using the Service You may be exposed to Content that You consider offensive, indecent, inaccurate or unacceptable, and You agree that the Company will not be liable under any circumstances for any Content, including errors or omissions, or any loss or damage arising from Your use of any Content.

Backups of Content

Although backups of Content are made regularly, the Company does not guarantee that data will not be lost or damaged.

Corrupted or incorrect backups may result from Content that was corrupted before backup creation or changed during the backup process, without limitation.

The Company will provide support and attempt to resolve any known or discovered issues that may affect backups of Content. However, You acknowledge that the Company bears no responsibility for the integrity of the Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content outside the Service.

Copyright Policy

Intellectual property infringement

We respect the intellectual property rights of others. Our policy is to respond to any claim that Content posted on the Service infringes any person’s copyright or other intellectual property rights.

If You are the copyright owner or are authorized to act on behalf of the owner and believe that the copyrighted work has been copied in a way that constitutes copyright infringement and is occurring through the Service, You must send a written notice to our designated team at info@dataera.lt and include a detailed description of the alleged infringement in Your notice.

You may be liable for damages (including costs and attorneys’ fees) for false statements that any Content infringes Your copyright.

DMCA notice and DMCA counter-notice procedures

You may submit a Digital Millennium Copyright Act (DMCA) notice to our copyright agent by sending the required information in writing (see 17 U.S.C. 512(c)(3)).

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  • A description of the copyrighted work that You claim has been infringed, including where the copyrighted work is located, such as a URL or a copy of the work.
  • Identification of the URL or other specific location on the Service where the material You claim is infringing is located.
  • Your address, telephone number and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
  • A statement by You, made under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner.

You can contact our copyright agent by email at info@dataera.lt. Upon receipt of a notice, the Company may, at its sole discretion, take any action it deems appropriate, including removing the disputed Content from the Service.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark and other laws both in the country and abroad.

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

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide to 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, sublicense, distribute, modify and exploit such Feedback without limitation.

Links to Other Websites

Our Service may contain links to third-party websites 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 websites or services. You also acknowledge and agree that the Company is not directly or indirectly responsible 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 websites or services.

We strongly recommend that You read the terms and privacy policies of any third-party websites or services that You visit.

Termination

We may terminate or suspend Your account immediately, without prior notice or liability, for any reason, including without limitation if You breach these Terms.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account, You may simply stop using the Service.

Limitation of Liability

Notwithstanding any damage You may incur, the total liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the above is limited to the amount actually paid by You through the Service or €100 if You have not purchased anything through the Service.

To the maximum extent permitted by applicable law, the Company or its suppliers shall not be liable for any special, incidental, indirect or consequential damages whatsoever (including, but not limited to, damages for loss of profits, data or other information, business interruption, personal injury, privacy loss, arising out of or in any way related to the use of or inability to use the Service, third-party software and/or hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

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 to You. In these jurisdictions, the Company’s liability will be limited to the extent permitted by law.

“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 behalf of itself and 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 limiting 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 its providers 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, or materials included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to 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, time bombs or other harmful components.

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

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. The use of the Application may also be subject to other local, national or international laws.

Dispute Resolution

If You have any concerns or disputes about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) consumers

If You are a consumer in the European Union, You will benefit from any mandatory provisions of the law of the country in which You are resident.

United States federal government end user notices

If You are a U.S. federal government end user, our Service is a “commercial item” as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) You are not listed on any U.S. government list of prohibited or restricted parties.

Severability and Waiver

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 as much as possible under applicable law, and the remaining provisions will remain in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect 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.

Translation

These Terms may have been translated if We have made them available to You on Our Service. You agree that in the event of a dispute, the original English text will prevail.

Changes to these Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

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.

Contact Us

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