Apic Ways DOO Terms of Use
These Terms of Use govern your use of Evanova AI mobile applications, our website located at www.evanova.ai, and any related services provided by Apic Ways DOO.
When you use Evanova AI, you agree to abide by these Terms of Use and to comply with all applicable laws and regulations. If you do not agree with these Terms of Use, you are prohibited from further using the app, accessing our website, or using any other services provided by Apic Ways DOO.
If you access or download Evanova AI from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Use; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Use.
We, Apic Ways DOO, reserve the right to review and amend any of these Terms of Use at our sole discretion. Upon doing so, we will update this page and notify you through the app and/or the email address you provided when you created your account. Any changes to these Terms of Use will take effect immediately from the date of publication.
These Terms of Use were last updated on 4 February 2024.
Limitations of Use
By using Evanova AI and our website, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Use, and your users that you will not:
modify, copy, prepare derivative works of, decompile, or reverse engineer Evanova AI or any materials and software contained within Evanova AI or on our website; remove any copyright or other proprietary notations from Evanova AI or any materials and software contained within Evanova AI or on our website; transfer Evanova AI or any of its associated materials to another person or "mirror" the materials on any other server; knowingly or negligently use Evanova AI or any of its associated services in a way that abuses or disrupts our networks or any other service Apic Ways DOO provides; use Evanova AI or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material; use Evanova AI or its associated services in violation of any applicable laws or regulations; use Evanova AI to send unauthorized advertising or spam; harvest, collect, or gather user data without the user’s consent; or use Evanova AI or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials in Evanova AI and on our website are owned by or licensed to Apic Ways DOO. You may download Evanova AI to view, use, and display the application on your mobile device for your personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Use and may be terminated by Apic Ways DOO at any time.
Automatic Updates
You give us permission to download and install updates to Evanova AI on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting Evanova AI from your device.
Liability
Evanova AI and the materials in Evanova AI and on our website are provided on an 'as is' basis. To the extent permitted by law, Apic Ways DOO makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non infringement of intellectual property, or other violation of rights.
In no event shall Apic Ways DOO or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use Evanova AI, our website, or any other services provided by Apic Ways DOO or the materials in Evanova AI, even if Apic Ways DOO or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing in Evanova AI or on our website are not comprehensive and are for general information purposes only. To the extent permitted by law, Apic Ways DOO does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in Evanova AI or on our website, or otherwise relating to such materials or on any resources linked to Evanova AI and our website.
Links
Apic Ways DOO has not reviewed all of the sites linked to Evanova AI or on its corresponding website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Apic Ways DOO of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Notice regarding Apple
To the extent that you are using or accessing Evanova AI on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Use are between you and Apic Ways DOO only, not with Apple Inc. (Apple), and Apple is not responsible for Evanova AI and any materials available in Evanova AI. Apple has no obligation to furnish you with any maintenance and support services with respect to Evanova AI.
If Evanova AI fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Evanova AI and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to Evanova AI or your use of Evanova AI, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using Evanova AI, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use and, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary of these Terms of Use.
You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Right to Terminate
We may suspend or terminate your right to use Evanova AI and these Terms of Use immediately upon written notice to you for any breach of these Terms of Use.
Severance
Any term of these Terms of Use which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Use is not affected.
Governing Law
These Terms of Use are governed by and construed in accordance with the laws of Montenegro. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.