updated on June 13, 2023
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) (as “Cojan Software”, “we” or “us”) develops and publishes games for mobile devices.
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
This Terms of Service (“Agreement”) sets forth the legally binding terms for your use of any App (including any related services provided by COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON)). By using any App, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, please do not use any App. This Agreement is the final, complete and exclusive agreement of you and COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) with respect to the subject matters hereof (including the Apps) and supersedes and merges all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements, Terms of Service or Privacy Policy).
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You are not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You are not allowed to attempt to extract the source code of the app, and you also should not try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON).
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you are paying for.
The app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the App won’t work properly or at all.
End User License Agreement
Limited Use License
THE GAME SOFTWARE IS LICENSED – NOT SOLD.
Subject to your compliance with this Agreement, we hereby grant you a non-exclusive, non-transferable right and license to install, execute, and use a single production instance of the Game Software that we make available to you solely for your personal and non-commercial use. We reserve all rights in and to the Game Software that we do not expressly grant you in this Agreement.
Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App; (b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (c) you shall not access any App in order to build a similar or competitive service or application; (d) except as expressly stated herein, no part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, or (e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App. Any future release, update, or other addition to functionality of any App (including in-App purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any App content must be retained on any copies.
Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
Modification
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice. You agree that COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) will not be liable to you or to any third party for any modification, suspension, or discontinuance of any App or any part thereof.
Ownership
Except for the license we grant you in section ‘Limited Use License’, all right, title, and interest in and to the Game Software, and any and all intellectual property rights embodied in the Game Software, are owned by COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) or our licensors. This Agreement is not a sale and does not convey to you any rights of ownership in or related to any App. The COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) name, logo, and the product names associated with the Apps belong to COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) (or its licensors, where applicable), and no right or license is granted to use them by implication, estoppel or otherwise. COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) (and its licensors, where applicable) reserve all rights not granted in this Agreement.
Links
The Game Software may contain links to other websites and online resources. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. We are not responsible or liable for any damage or loss related to the use of any third-party website. You should always read the terms and conditions and privacy policy of a third-party website before using it.
Ads
When you start or stop an App, it may display an ad. During gameplay, banner and/or interstitial ads may be displayed.
User Content
User Content
“User Content” of a user means any and all content that such user uploads, distributes, or otherwise provides via any App. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON). COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) is not obligated to backup any User Content and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.
License
By uploading, distributing, or otherwise using your User Content with any App, you automatically grant, and you represent and warrant that you have the right to grant, to COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license, with the right to grant sublicenses, to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content on any App.
Feedback
If you provide COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) any feedback or suggestions (“Feedback”), you hereby assign to COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) all rights in the Feedback and agree that COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) shall have the right to use such Feedback and related information in any manner it deems appropriate. COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) will treat any Feedback you provide to COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) as non-confidential and non-proprietary. You agree that you will not submit to COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
The following sets forth COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) “Acceptable Use Policy”:
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You agree not to use any App to upload, distribute, or otherwise use any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; (e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; or (f) that violates of any law, regulation, or contractual obligations.
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You agree not to use any App to: (a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers); (c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Apps (e.g., a denial of service attack); (d) attempt to gain unauthorized access to the Site or App or servers or networks connected to Apps (e.g., through password mining); or (e) interfere with another user’s use and enjoyment of any App.
Enforcement
We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
Term and Termination
This Agreement commences on the date you accept this Agreement (as described in the preamble) and will remain in full force and effect while you use the App, unless earlier terminated in accordance with this Agreement.
Notwithstanding the forgoing, if you used any App prior to the date you accepted this Agreement (as described in the preamble), you hereby acknowledge and agree that this Agreement commences on the date you first use any App (which ever is earlier and which may be prior to the Agreement Version Date) and will remain in full force and effect while you use any App, unless earlier terminated in accordance with this Agreement.
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) may (a) suspend your rights to use any App, and/or any related services or (b) terminate this Agreement, at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement. Without limiting the foregoing, COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) reserves the right to terminate its Agreement with any user who repeatedly infringes third party copyright rights upon prompt notification to COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) by the copyright owner or the copyright owner’s legal agent.
Upon termination of this Agreement, your right to use the App will automatically terminate immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content. Even after this Agreement is terminated, the provisions of this Agreement will remain in effect.
Indemnity
You agree to defend, indemnify and hold harmless COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) (and its suppliers) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to: (i) your use of any App, (ii) your User Content, or (iii) your violation of this Agreement. COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON). COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third Parties
Application Stores
You acknowledge and agree that the availability of the App is dependent on the third party from which you received App, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) and not with the Application Store. The Application Store is not responsible for the App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with App (if any). You agree to comply with, and your license to use App is conditioned upon your compliance with, all applicable third party terms of agreement (e.g., the Application Store’s terms and policies) when using App. You acknowledge that the Application Store (and its subsidiaries) are third party beneficiaries of this Agreement and will have the right to enforce this Agreement.
Third Party Services
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) may permit certain third party applications (like leaderboards, game networks, ad networks) to provide content through the App (“Third Party Services”). The App may be used to send content provided by the Third Party Service between users who have the Third Party Service installed on their device. When you do so, COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) will share information with the Third Party Service as described in the COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) Privacy Policy. COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) is not responsible for and does not control Third Party Services. COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) provides these Third Party Services only as a convenience to you. COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to Third Party Services. You use all Third Party Services at your own risk. When you access a Third Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third Party Services.
The app does use third party services that declare their own Terms and Conditions. You can find the links to these Terms of Conditions in the Privacy Policy: Privacy Policy
Other Users
An App may contain User Content provided by other users of the App. COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) is not responsible for and does not control User Content. COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You agree that COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) will not be responsible for any liability incurred as the result of any such interactions.
Disclaimers
APPS ARE PROVIDED “AS-IS” AND AS AVAILABLE AND COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY APP: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation on Liability
IN NO EVENT SHALL COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) PRIVACY PRACTICES, ANY APP, EVEN IF COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY APP ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
General
Changes to this Agreement
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) may change this Terms of Use from time to time. All changes hereto will be made available on this website, which is why COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) encourages Users to frequently check this page for any changes to this Terms of Use. Changes hereto will not prejudice Users’ rights without their consent. These terms and conditions are effective as of the last update.
Severability
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Entire Agreement
This Agreement is the final, complete and exclusive agreement of you and COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) with respect to the subject matters hereof (including all Apps) and supersede and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End User License Agreements and Terms of Service or Privacy Policy). Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. Your relationship to COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned by you without COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) prior written consent, and any attempted assignment in violation of the foregoing will be null and void. COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.
Apple Application Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using an App from the Apple Application Store.
Acknowledgement
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) and you acknowledge that this Agreement is concluded between COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) and you only, and not with Apple, and COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON), not Apple, is solely responsible for App and the content thereof. To the extent this Agreement provides for usage rules for App that are less restrictive than the Usage Rules set forth for App in, or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
Scope of License
The license granted to you for App is limited to a non-transferable license to use App on an iOS Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
Maintenance and Support
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) is solely responsible for providing any maintenance and support services with respect to App, as specified in this Agreement (if any), or as required under applicable law. COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to App.
Warranty
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for App to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) sole responsibility.
Product Claims
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) and you acknowledge that COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON), not Apple, is responsible for addressing any claims of you or any third party relating to App or your possession and/or use of App, including, but not limited to: (i) product liability claims; (ii) any claim that App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) liability to you beyond what is permitted by applicable law.
Intellectual Property Rights
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) and you acknowledge that, in the event of any third party claim that App or your possession and use of App infringes that third party’s intellectual property rights, COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON), not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance
You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using App.
Third Party Beneficiary
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) and 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 and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
Changes to the Terms of Use/Service
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) may change this Terms of Use/Service from time to time. All changes hereto will be made available on this website, which is why COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) encourages Users to frequently check this page for any changes to this Terms of Use/Service. Changes hereto will not prejudice Users’ rights without their consent.
Contact Us
If you have any questions about this Terms and Conditions, please contact us.
COJAN MIHAITA, FREELANCER (SELF-EMPLOYED PERSON) organized and operating in accordance with Romanian laws, with registered professional office in Giurgiu, Fratesti, St. Ecaterina, No. 69, registered with the Trade Register Office under no. F52/18/2022, having tax identification number 45541367, EUID: ROONRC. F52/18/2022, contact telephone number +40765031588 and contact e-mail address: support@cojan-software.com