END USER LICENCE AGREEMENT

Last update: November 20, 2023

ANY USE OF THE APPLICATION MEANS THAT YOU HAVE RE AD AND UNDERSTOOD THE PROVISIONS OF THIS END USER LICENCE AGREEMENT (HEREINAFTER – THE EULA) AND PRIVACY POLICY AND AGREE TO BE BOUND BY THEM. PRIVACY POLICY IS AN INTEGRAL PART OF THE EULA.

WARNING: THE APPLICATION OFFERS IN-APP PURCHASES

1. GENERAL PROVISIONS

• 1.1. Licensor – Lasty LLC.
• 1.2. Application – an entertainment application for mobile devices “Lasty”, an individual copyrighted work, available at the following URL: https://apps.apple.com/us/app/whatseen/id6470476629.
• 1.3. Apple – Apple Inc., a California corporation with its principal place of business at 1, Infinite Loop, Cupertino, California 95014, U.S.A.
• 1.4. App Store – an electronic store and its storefronts branded, and owned and/or controlled by Apple or an affiliate of Apple. App Store is used by the Licensor for distribution of the Application among users of Apple services.
• 1.5. Account – a personal account of a user of Apple services, which is provided by Apple administration under the Apple Terms of Use. The Account is accessed with an Apple ID and a password.
• 1.6. User – any person having an Account and using the Application. If the Account was provided for a fictitious person, the User shall be deemed to be the person that actually uses the Account of this fictitious person for accessing Apple services.
• 1.7. Content – video and audio materials, images and texts, created by the Licensor for or in connection with the Application.
• 1.8. Application Supplemental Functionality – software codes processed on an electronic device as a part of the Application and intended to provide the User with additional functions of the Application. The Application Supplemental Functionality operates in the form of temporary privileges given to the User for a fee.
• 1.9. Legislation – legislation of the Commonwealth of Australia.
• 1.10. The Application is suitable for people of all ages including children. The Application does not contain any objectionable content.
• 1.11. The User confirms that under the law of the state of his\her nationality he\she:

is eligible to conclude the EULA either himself\herself or with parental consent, given by a parent or a guardian;

has obtained parental consent, given by a parent or a guardian for concluding the EULA (if necessary);

has legal capacity necessary for exercising rights and performing duties under the EULA.

• 1.12. The Application is provided to the User “as is”. The Licensor does not give any warranties that the Application, including the Application Supplemental Functionality:

will function uninterrupted and without any errors;

will always be available for download;

will meet the User’s expectations.

• 1.13. The Licensor shall not be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever caused to the User (including, but not limited to, damage caused to the User’s property or proprietary rights) as the result of using the Application or inability to use the Application.
• 1.14. The Licensor shall not be liable for any aspects of App Store functioning (prohibition of access, failures and breakdowns of App Store, etc.) or any actions taken by Apple.
• 1.15. The Licensor grants the User a non-exclusive licence to use the Application and the Content free of charge.
• 1.16. The Licensor provides the User with the right to use the Application Supplementary Functionality. The duty to provide the User with the right to use the Application Supplementary Functionality is considered performed after the respective amount of temporary additional privileges are given to the User for a fee. The User is entitled to cancel a payment using respective App Store functionality. When cancelling the payment the Licensor revokes additional privileges of the User that were previously given.

2. SUBSCRIPTIONS TERMS AND RENEWALS

• 2.1 If you register to any of our recurring payment plans, you agree to pay all fees or charges to your account for the Service in accordance with the fees, charges and billing terms in effect at the time that each fee or charge is due and payable. Unless otherwise indicated in an order form, you must provide us with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) as a condition to signing up for the plan. Your Payment Provider agreement governs your use of the designated credit card account, and you must refer to that agreement and not these Terms to determine your rights and liabilities with respect to your Payment Provider. We reserve the right at any time to change its prices and billing methods.

3. WARNING FOR PARENTS/GUARDIANS

• 3.1. The User shall perform the EULA in good faith.
• 3.2. The User is entitled to perform actions, covered by the technical capabilities or logics of the Application.
• 3.3. The User is entitled to inquire the Licensor with regard to defective Application functioning (technical failures, etc.) if such defective functioning is not caused by the User’s actions; peculiarities of hardware and software used by the User; quality of the Internet connection; App Store operation, as well as other circumstances that the Licensor is not responsible for. The Users’ inquiries shall be sent to the e-mail: michaeloostryck@gmail.com

4. REFUND POLICY

• 4.1. For EU Users: The Licensor will, upon request, issue a refund for any title that is requested within 14 days of purchase. In case the User falls outside of the abovementioned refund rules, no refunds are available. Nonetheless the User may still submit a request for refund and the Licensor may (but under any circumstances is not obliged to) take a look at it.
• 4.2. For Users outside EU: In case the User falls outside of the App Store refund rules, no refunds are available. Nonetheless the User may still submit a request for refund and the Licensor may (but under any circumstances is not obliged to) take a look at it.

5. THE USER MUST NOT:

• 5.1 examine the Application source code, modify or amend it, create new works on its basis;
• 5.2. mislead the Licensor (in particular over the personality of the User, his/her age, scope of legal capacity, etc.);
• 5.3. provide third parties (including, but not limited to family members) with a possibility to access the Application with the User’s Account;
• 5.4. provide third parties (including family members) with an opportunity to access the Application with the help of the User’s Account;
• 5.5. use the Application in any way that interferes or may interfere with normal Application functioning;
• 5.6. use bots (computer programs intended for performance of certain actions within the Application for the User), as well as any other computer programs and/or technical means that interfere with normal Application functioning and/or aimed at getting additional privileges within the Application, which are not provided for by the rules, logics or technical capabilities of the Application;
• 5.7. make use of defects of the Application functioning

6. THE LICENSOR IS ENTITLED TO:

• 6.1. limit the Application functionality fully or partially at his sole discretion (including, but not limited to deleting the Application from App Store). The Licensor is not obliged to notify the User of any limitation of functionality and is not liable for any damage caused to the User as the result of limitation of the Application functionality;
• 6.2. process information about the User’s activity within the Application (including, but not limited to, actions taken within the Application, use of Application Supplementary Functionality);
• 6.3. to change at his sole discretion any and all Application parameters, including without limitations:

logics and technical capabilities of the Application;

ways to access the Application;

the amount of fee to be paid for use of the Application Supplementary Functionality;

• 6.4. exercise other rights in accordance with the EULA and Legislation.

7. TRANSFER OF INFORMATION ABOUT CRIMES

• 7.1. In case the Licensor learns about the User’s illegal activity, he has the right to inform law enforcement authorities about violations of the Legislation committed by the User and to pass to law enforcement authorities all available information about such violations. Should the Licensor receive a respective enquiry he is also entitled to pass such information to law enforcement authorities or other organizations that are eligible for obtaining such information under the Legislation.

8. INTELLECTUAL PROPERTY

• 8.1. The Application and the Content are copyrighted works.
• 8.2. The copyright for the Application and the Content belongs to the Licensor. All rights reserved.
• 8.3. The Licensor grants the User a non-exclusive licence to use the Application as intended (to download, install and run the Application; to perform actions provided for by the technical capabilities and logics of the Application);
• 8.4. The User is not allowed to use the Application in any other way, for example, to rent, lease, lend, upload to or host on any website or server, sell, redistribute, sublicense, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof.
• 8.5. Any commercial use of the Application or the Content by the User is PROHIBITED.
• 8.6. The User is not allowed to transfer this licence to any third party or sublicense third parties for use of the Application or Content. This licence also covers all updates and/or additional components of the Application or Content, which will be created and provided to the User in future.

9. TERMINATION

• 9.1. The EULA is effective until terminated by the User or Licensor. The User’s rights under this EULA will terminate automatically without notice from the Licensor if the User fails to comply with any term(s) of this EULA. Upon termination of the EULA, the User shall cease all use of the Application, and destroy all copies thereof, both full and partial.
• 9.2. The User agrees that the Licensor has the right to terminate this EULA unilaterally at any time at the sole discretion of the Licensor without notifying the User.

10. FINAL PROVISIONS

• 10.1. The EULA and all annexes thereof are regulated by the law of the Commonwealth of Australia.
• 10.2. Invalidity of any provision of the EULA invalidates neither the EULA as a whole, nor other provisions thereof.
• 10.3. All disputes arising out of the EULA (including, but not limited to disputes over the invalidity of the EULA, as well as disputes over interpretation and performance of the EULA) shall be settled by state courts of the Commonwealth of Australia.
• 10.4. If a dispute defined in clause 10.3 of the EULA is submitted to the court, the winning party is entitled to all reasonable damages connected to the court proceedings (including legal costs).
• 10.5. Non-performance of any provision of the EULA either by the Licensor or by the User does not constitute a refusal to perform such provision at present or in future, nor does it deprive the other party of the right to demand performance of such provision.

Lasty LLC

E-mail: michaeloostryck@gmail.com

© 2023 Lasty LLC