Privacy Policy & Terms of Use
7Element TERMS OF USE & PRIVACY POLICY
Dmytro Stepanenko created the “7Element” app as a Freemium app. This SERVICE is provided by Dmytro Stepanenko free of charge and is intended to be used “as is”.
This page is used to inform visitors regarding policies with the collection, use, and disclosure of Personal Information if anyone decided to use my Service.
If you choose to use my Service, then you agree to the collection and use of information in relation to this policy. The Personal Information that I collect is used for providing and improving the Service. I will not use or share your information with anyone except as described in this Privacy Policy.
USER STATUS
Downloading and accessing the App is free of charge, except for the cost of the connection to the telecommunications network supplied by the service provider contracted by the User. The party who downloads and uses the App is granted user status (hereinafter, the “User”), which involves reading, understanding and accepting all the terms and Terms stipulated herein.
USER LICENSE
7Element grants the User a non-exclusive, non-transferable, revocable personal limited license on the App for personal, private, non-commercial use thereof, limited in all cases to the terms described in these Terms of Use. This license shall be restricted to the period set forth in these Terms of Use and shall be subject to the territorial availability of the App. Notwithstanding the above, 7Element can rescind or revoke this license at any time.
The user license described above grants the User the possibility to create short personal videos (or “stories”) using the User’s own recordings, photographs or other images, adding images and other elements provided by the User or furnished through the our Service, if so desired. All of the above shall take place under the Terms set forth herein.
INFORMATION COLLECTION AND USE
For a better experience, while using our Service, I may require you to provide us with certain personally identifiable information. The information that I request will be retained on your device and is not collected by me in any way. The app does use third party services that may collect information used to identify you.
USE OF THE MOBILE APP AND ITS SERVICES
The User acknowledges and agrees that the contents and/or services offered in this mobile App shall be used exclusively at his/her own risk and/or liability. The User agrees to use this mobile App and all its contents and Services in accordance with any applicable legislation, ethical principles and the public order, as well as complying with these Terms of Use and any Specific Terms that may, in each case, apply. The User also agrees to use the Services and/or contents of the mobile App in an appropriate manner and to refrain from using them to perform illicit activities or actions that constitute a crime, that infringe or violate the rights of third parties and/or that violate intellectual or industrial property regulations or any other applicable rules of the legal order.
Use of the App shall be limited to the User's private and personal sphere and, specifically, use of the App for commercial purposes is prohibited unless the User owns the copyright or has obtained the relevant rights or licenses to use all the images and other materials created by the User for such purposes (hereinafter, the “User Content”).
The User expressly warrants that the User Content do not violate any laws or infringe any third-party rights, including Intellectual Property Rights and other privacy rights, among others. If the User uses the App for commercial purposes of any kind and/or such party’s User Content contains material that is protected by a copyright not owned by the User, such party warrants that he/she has obtained all the rights, licenses, consent and permissions required to use said material protected by copyright in relation to the creation and/or publication of said User Content through the App. In this regard, the User is expressly informed that image fragments that could be provided by third parties through the App shall be protected by copyright, and therefore the User can only use them for private purposes, never for commercial purposes.
In addition, by way of illustration but without limitation or exclusion of any kind, the User also agrees: - To refrain from duplicating, reproducing, selling, leasing, renting, licensing, distributing or by any other means using the App (and/or its software) for any purpose other than that expressly authorized in these Terms of Use. - To refrain from decompiling, modifying, reformatting, translating, performing reverse engineering, disassembling or by any other means accessing the source code. - To refrain from using the App to transmit, install or publish any kind of virus, malware or other damaging programs or files. - To refrain from using the App or creating videos for illicit purposes or to share, transmit or provide to third parties any kind of information, element or content that violates fundamental rights or infringes third-party rights of any kind.
The User shall be liable for any action that infringes or breaches the terms set forth in these Terms of Use or any legal provisions that may apply, and accepts any and all liability deriving from his/her use of the App and the images generated, as well as for any negligence or breach of these Terms of Use, including any consequential loss and/or loss of profits that could derive from such party's actions.
PAID SERVICES
You will be required to provide the Company and/or its Billing Service Providers with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method.
You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize the Company to bill you in accordance with the terms of your subscription plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify the Company within thirty (30) days after the date that you are billed.
You can terminate your use of the Service and otherwise manage your account using the App.
We reserve the right to change the Company’s fees. If the Company does change its fees, the Company will provide notice of the change within the App. Your continued use of the App after the fee change becomes effective constitutes your agreement to pay the changed amount.
If you properly terminate your paid subscription, you will not be charged for future months (or other periods, as stated in the subscription terms). However, you will not receive a refund for an unused portion of a month (or other period) for which you have already paid. No refunds are offered for any products or services offered via the App.
YOU ACKNOWLEDGE THAT IF YOU ELECT TO PURCHASE A SUBSCRIPTION YOUR SUBSCRIPTION IS SUBJECT TO AUTOMATIC RENEWALS AND YOU HEREBY CONSENT TO AND ACCEPT RESPONSIBILITY FOR ALL RECURRING CHARGES TO YOUR APPLICABLE PAYMENT BASED ON THIS AUTOMATIC RENEWAL FEATURE WITHOUT FURTHER AUTHORIZATION FROM YOU AND WITHOUT FURTHER NOTICE EXCEPT AS REQUIRED BY LAW. YOU FURTHER ACKNOWLEDGE THAT THE AMOUNT OF THE RECURRING CHARGE MAY CHANGE IF APPLICABLE TAX RATES CHANGE OR IF THE FEES (INCLUDING OUR FEES AND CREDIT CARD HANDLING FEES) HAVE BEEN INCREASED.
INTELLECTUAL AND INDUSTRIAL PROPERTY
7Element reserves all rights to the brand names, trademarks and other distinctive markings, patents and intellectual property related to the content and design of the App. All the contents of the App, including, but not limited to, texts, graphics, images, design and intellectual property rights to which said contents may be entitled, as well as the brand names, trademarks and other distinctive markings are owned by 7Element, which reserves all rights over them. Under no circumstances shall the downloading, access and use of the App grant the User any rights over said brand names, trademarks and/or distinctive markings, or any other intellectual property rights other than those expressly granted in these Terms of Use.
Furthermore, 7Element respects the intellectual and industrial property rights of third parties, and therefore, if you feel that your rights or rights of third parties have been infringed, please contact 7Element as soon as possible at the following email address: 7element.app@gmail.com.
EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
The App, which includes, but is not limited to, the software, all the content and the services that may be accessed through it, is offered on an “as is”, “as available” and “with all faults” basis.
7Element does not guarantee availability of access at all times or functional continuity of this mobile App and its services, nor does it warrant that it is free of errors. As such, 7Element shall not be held liable, within the limits set forth in valid legislation, for loss and damage caused to Users as a result of a lack of availability, access or functional faults or a lack of continuity of this mobile App and its services. 7Element shall be solely and exclusively liable for the Services it provides and for contents directly created by the company and identified with its copyright. This liability shall be excluded when situations of force majeure arise or in cases in which the configuration of the User's devices is inappropriate for the correct use of the online services provided by 7Element.
Downloading, access and use of the App on mobile or similar devices does not entail an obligation by 7Element to monitor for the presence of viruses, worms or any other harmful IT components. The User shall, in all cases, be responsible for ensuring that proper tools are in place to detect and disinfect harmful software.
MODIFICATIONS
7Element reserves the right to make any changes deemed appropriate in the App, and may modify, delete or add new contents and/or services, and the form in which they are displayed and localized.
VALID TERM AND TERMINATION
The services and/or contents of this mobile App shall be provided for an indefinite period. However, 7Element shall, at all times and with no need for prior notice, be entitled to unilaterally terminate, suspend or interrupt the service provided and this mobile App and/or any of its services, notwithstanding the terms set forth in this regard in the relevant specific Terms.
WHAT INFORMATION DO WE COLLECT?
If you make in-App purchases or buy a subscription, our third-party billing service providers (Apple) will collect information such as your full name, credit card number, and billing address.
If you email us, we may use your email address to reply to your email.Information Sent by Your Mobile Device. We collect certain information that your mobile device sends when you use our App, like a device identifier, user settings and the operating system of your device, as well as information about your use of our Services.
HOW DO WE USE YOUR INFORMATION?
- Information we collect from you might be used:
- To communicate with you or third parties
- To process your requests and transactions
- To provide you with the Service
- To improve our App and the Service
- To perform marketing activities
- To respond to your messages and comments
- For other purposes related to our business
HOW MUCH DO WE STORE YOUR INFORMATION?
We intend to store some of your information indefinitely.
CHANGES TO THIS PRIVACY POLICY
I may update our Privacy Policy from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Privacy Policy on this page.
This policy is effective as of 2021-08-24
CONTACT US
If you have any questions or suggestions about my Privacy Policy, do not hesitate to contact me at 7element.app@gmail.com.