TERMS OF USE

  1. Introduction

1.1 These Terms of Use govern the relationship between you and Alenos Ramanavos individuali veikla

1.2  In these Terms of Use we refer to the Application and Site together as the “Services“.

  1. Amendments to the Terms of Use

From time to time, we may need to amend these Terms of Use, for example to reflect or include new products or services, to enhance security for our users or because of changes in the law. If we make such a change to these Terms of Use, we will inform you of the particular changes in advance via e-mail or in-app notification no later than thirty (30) calendar days before such changes come into force and that you shall be deemed to have accepted these changes (i) unless you have notified us of your objection to such changes within thirty (30) calendar days from the moment of receipt the e-mail ori n-app notification from us, or (ii) if you use the Services after the changes have entered into force.

  1. The Terms of Use and the Privacy Policy

3.1 Our Privacy and Cookies Policy sets out how we will respect your privacy and how we use data collected by the Services.

3.2 In order to access and use any of our Services, you should accept these Terms of Use and the Privacy and Cookies Policy.

3.3 If you do not want to accept the Terms of Use or the Privacy and Cookies Policy, then you may not use or access any of the Services, including downloading and installing the Application.

  1. Your Account

4.1 In order to use the Services, you will need to create a Prospect account (an “Account“).

4.2 To create an Account, you must have an e-mail address and will be required to provide certain information. The details of the information that you need to provide are set out in our Privacy and Cookies Policy.

4.3 You must keep all information relating to your Account confidential. At no time should you disclose your Account ID or password to anyone.

4.4 You may, under circumstances, be responsible for the conduct and actions using your Account and for all breaches of these Terms of Use committed by using your Account which are due your culpable omissions or conduct as regards your Account information. We shall have no liability to you for any loss or damage arising from any unauthorised use of your Account or any unauthorised access, use, alteration, modification and/or disclosure of your personal information based on your culpable omissions or conduct as regards your Account information.

4.5 You must ensure that you secure your Account, computer, mobile phone or other device from third party access. Please notify us immediately, using contact form on the Site, if you become aware of:

  1. a) any unauthorised use of your Account or any other breach of security; or
  2. b) any hacking tools being used or that might be used in relation to the Services.
  1. Charges and Billing

5.1 You do not have to pay any registration or subscription fees to create an Account. However, some of tools and Services, available in the Application,  may require you to pay a fixed subscription price in order to get access to them (hereinafter referred to as „Subscribtion“). If you decide to get Subscribtion, you must ensure that:

  1. a) you are either over the age of eighteen (18) or, if you are under the age of eighteen (18), that your parent or guardian has agreed to and accepted the respective purchase and these Terms of Use on your behalf;
  2. b) you are the authorised Account holder for the Account from which you are subscribing to the Services;
  3. c) you are authorised to use the particular credit card or other accepted method of payment;
  4. d) all information that you submit is true and accurate (this includes, without limitation, your credit card number and expiration date, so it is important to keep these details updated).

By pressing BUY you express your consent with all current Terms of Use by Prospect concerning Subscription and also express consent with Google Play refund terms and policies.

5.2 You are responsible for determining any and all taxes assessed, incurred, or required to be collected, paid, or withheld for any reason for your use of the Subscription (“Taxes”). Taxes on your Account under Subscription are not refundable by us, except as it is required under the applicable law.

5.3 Please remember that your Account is personal to you and cannot be transferred or traded with any other user.

5.4 Prospect is not liable for any payments that the Subscription do not complete because: (1) your debit or credit card account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit or overdraft protection of the debit or credit card account; (2) you have not provided correct payment account information; (3) your debit or credit card has expired; or (4) circumstances beyond our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction; (5) you did not setup your payment account in Google Play.

  1. Content

6.1 The Services contain a lot of content, including, but not limited to software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, e-mails, graphics, marks, trademarks, pictures or video materials, as well as the design and appearance of our Site and the Application (the “Content“). The Content is protected by copyright, trademark, patent, and other intellectual property laws and is owned by us (or by our affiliates and partners as applicable). Some parts of the Content may only be accessible online and/or require online authentication.

6.2 During the time these Terms of Use are in force between you and us, we grant you a personal right (known as a ‘licence’) to use the Content in connection with your access and use of the Services. This licence is:

a) ‘non-exclusive’ (meaning that we can grant the same and similar licences to other people as well);

b) ‘revocable’ (meaning that we can terminate this licence in certain circumstances, which are explained further below);

c) ‘personal’ (meaning that you may not use the Content for any commercial purpose);

d) ‘non-transferable’ (meaning that the licence is only for your benefit and you may not transfer or sub-licence any of the rights that we grant to you to any other person);

e) ‘limited’ (meaning that you can only use the Content for the purposes we set out in these Terms of Use); and

f) conditional on your compliance with these Terms of Use.

7. Use Restrictions

7.2 Prohibited Industries. You may not use the Applications, and any tools and services, referred or related to it, for the following businesses or business activities: (1) any illegal activity or goods; (2) drugs and tools intended for the production of drugs; (3) pharmacies or pharmacy referral services; (4) betting, including lottery tickets, sports related gambling, casinos; (5) insurance or other financial merchandise or services;, (6) money transfer; (7) independent financial advisers; (8) pyramid selling or multi-level marketing; (9) counterfeit goods and goods infringing on third party intellectual property rights; (10) adult entertainment oriented products or services; (11) escort or sexual services; (12) sales of firearms, ammunition; or weapons and other devices designed to cause physical injury; (13) internet/mail order/telephone order of age restricted products (e.g., tobacco, alcohol); (14) hate or harmful products or other products or services invoking or supporting discrimination, violence or terrorism. Violations of this requirement may result in Account termination.

  1. User Generated Content

Reviews, Comments, Communications, Images and Other Content. The Services may permit you to submit reviews, comments, and ratings; send messages and other communications; and submit suggestions, ideas, comments, questions; post hyperlinks, images, descriptions of services, or other information for publication and distribution and other third parties (“User Generated Content”). Any such User Generated Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of privacy, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations (e.g., insects in the local, infections, food poisoning, etc.). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Generated Content. Prospect reserves the right (but has no obligation) to monitor, remove, or edit User Generated Content in Prospect’s sole discretion, including if User Generated Content violates this Agreement (including Privacy Policy), but you acknowledge that Prospect may not regularly review submitted User Generated Content. If you do submit User Generated Content, and unless we indicate otherwise, you grant Prospect a nonexclusive, perpetual, royalty-free, irrevocable, and fully sub-licensable (through multiple tiers) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Generated Content throughout the world in any media. Prospect takes no responsibility and assumes no liability for any User Generated Content submitted by you or any other User or third party.

  1. Representations

Your Representations and Indemnity. You represent and warrant that you own or otherwise control all of the rights to any User Generated Content submitted by you; that all User Generated Content submitted by you is accurate; and that exploitation of such User Generated Content by Prospect and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at Pospect’s request) defend Prospect, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “Prospect Parties”) from and against all claims resulting from (1) any User Generated Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.

  1. Withdrawal

10.1 Information concerning the exercise of the right of withdrawal

Right of Withdrawal

You lose your right of withdrawal from the Subscription after Subscription period has been fully performed and if the performance has begun with the your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the Subscription services have been fully performed.

10.2 Please note that reimbursements for payments can be facilitated by us via Google Play payment means.

  1. Feedback and User Submissions

We are always pleased to hear from our users and welcome specific comments about our Services. Any and all Submissions that you send to us, whether at our specific request or notwithstanding our request that you do not do so, shall be deemed, and shall remain, our property from the time of uploading or transmission.

  1. Disclamer

Disclaimer of Warranties. The Services, all Prospect content, and any other information, products, and materials contained in or accessed through the Services, are provided to user on an “as is” basis and without warranty of any kind. Prospect expressly disclaims all representations, warranties, conditions, or indemnities, express or implied. Prospect does not warrant that your use of the Services will be uninterrupted or error-free, that Prospect will review the information or materials made available through the Services for accuracy or that it will preserve or maintain any such information or materials without loss. Prospect shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Prospect.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

  1. Suspension and Closure of Your Account / Termination of these Terms of Use

Suspension or termination by Prospect

13.3 If you are in material breach of these Terms of Use, then we may, at our reasonable discretion depending on the seriousness of the breach, take some or all of the following actions:

If the breach of these Terms of Use is your first breach, if it is not flagrant, if it is capable of cure, and if the circumstances allow us to do so, then we shall give you fourteen (14) calendar days prior written notice of the impending Account closure to give you the opportunity to cure the breach during such time period.

If we suspend your Account, then during the period of that suspension you will not be able to access your Account or use any of the Services. If we close your Account and terminate these Terms of Use, then you will never be able to access your Account and we may also prohibit you from accessing or using the Services in future.

13.5 We will only close your Account and terminate these Terms of Use in very serious circumstances where we consider that a suspension is not sufficient. For example, this might include a very serious contravention of these Terms of Use or the Privacy and Cookie Policy or where you have contravened these Terms of Use, the Privacy and Cookie Policy or any of them on numerous occasions.

13.6 If you believe that we have suspended or closed your Account in error, please contact  Prospect using contact form on the Website or by e-mail support@prospect.lt

  1. Your Right to close Your Account and terminate these Terms of Use without cause

14.1 You may close your Account and terminate these Terms of Use without cause at any time by contacting Prospect Customer Support using the form in the Application in „Settings“ section.

14.2 Important note: Any Subscription is directly linked to the existence of your Account. If you decide to close your Account and terminate these Terms of Use without cause, you will lose the Subscription proportionate to unused amount of days since the day of the termination. You will then only be entitled to a pro-rata refund of payments for any unused Subscription active for your Account at the time of termination. Other than that, you will not be entitled to any refunds or compensation.

  1. Nature of Services

You hereby accept, recognize and understand that we constantly work on further development of the Services, we improve, upgrade and update graphics, design, in-app tools and features, and any other Content of the Appllicationd and the Website in order to make use of Servises more useful and friendly  for you.

  1. Links to Third Party Sites

The Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. We do not control such web sites, and are not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

  1. Governing (Applicable) Law and Jurisdiction

These Terms of Use and any dispute, claim or obligation (whether contractual or non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by the laws of Lithuania, unless otherwise required by the law of the country where the user has his habitual residence.

  1. Contact Us

If you have any questions, complaints, or comments regarding these Terms of Use, please contact using contact form at www.prospect.lt or www.prospect-app.ru