This offer (hereinafter referred to as the "Offer") is addressed to individuals and is an official public offer of the Limited Liability Company "ONLYAPPS" (hereinafter referred to as the "Licensor") to conclude a license agreement for the right to use the application, the copyright holder of which is the Limited Liability Company "ONLYAPPS", on the terms of a simple (non – exclusive) license (hereinafter referred to as the "Agreement").
The Contract is considered to be concluded and becomes effective from the moment the individual performs the actions provided for in this Offer and means the individual's unconditional acceptance of all the terms of the Offer without any exceptions or restrictions on the terms of accession.
Before using the App, please read the terms of this Agreement. Any use of the App by You means your full and unconditional acceptance of the terms of this Agreement. If you do not accept the terms of the Agreement in full, you do not have the right to use the program for any purpose.
- Terms used in this Agreement.
1.1. Licensor - LLC "ONLYAPPS" (Legal address: 21000, Republic of Serbia (Srbija), Novi Sad, Mite Ruzica 2; Taxpayer Identification Number: 113388812; Main State Registration Number: 21858277), which is the copyright holder of the Application.
1.2. Licensee – an individual who has the necessary legal capacity to enter into this Agreement, has sufficient rights, and is granted the right to use the Application in accordance with this Agreement within the limits provided for in this Agreement. The User is a Party to this Agreement.
2. General provisions
2.1. The Agreement is a public contract of accession and is concluded by accepting the terms of this Offer by an individual.
2.2. The acceptance of this Offer is the performance by an individual of actual actions to install (download) the Application on a device, which are considered as full and unconditional consent to the terms of the Offer.
2.3. This Offer defines the procedure for using the Application and is available for review by an unlimited number of persons on the Licensor's information resources https://onlyapps.org.
3. Subject of the Agreement
3.1. The Licensor grants the Licensee the right to use the Application free of charge, and in some cases for a fee, under the terms of a simple (non-exclusive) license, within the limits provided for in the Agreement.
3.2. The Licensee has the right to use the Application in the following ways:
3.2.1. to perform actions necessary for the operation of the Application (including during usage in accordance with its purpose), including recording and storing in the memory of the device
3.2.2. to study, investigate or test the operation of the Application by performing the actions specified in sub-clause 3.2.1 of the Offer.
3.3. The right to use the Application provided for in clause 3.1 of the Offer is granted to the Licensee for the duration of the Agreement and cannot be granted (transferred) by the Licensee to third parties in whole or in part.
3.4. The rights to use the Application that are not explicitly specified in this Offer are not considered to be granted to the Licensee.
3.5. The right to use the Application provided for in clause 3.1 of the Offer is granted to the Licensee from the moment the Licensee performs the actual actions to install (download) the Application on a device.
3.6. The right to use the Application provided for in clause 3.1 of the Offer applies to all subsequent updates and/or new versions of the Application from the moment the Licensee performs actions to install (download) updates and / or a new version of the Application on a device.
4. Rights and obligations of the parties
4.1. The Licensee has the right to:
4.1.1. to conclude a Contract with the Licensor by performing the actions specified in paragraph 2.2 of this Offer, confirming by such actions that he is not limited in legal capacity, for health reasons can independently exercise and protect his rights and obligations, does not suffer from diseases that hinder the understanding of the essence of the concluded Contract and the circumstances of its conclusion.
4.1.2. to use the App in the free version for 3 days from the date of installation.
4.1.3. to subscribe to the paid version of the App after 3 days of the free period.
4.1.4. to add published applications for analysis, analyze their results, and save the results to a device.
4.1.5. to send to the email address of the Licensor mailto: email@example.com questions related to the use and / or inability to use the App.
4.2. The Licensee undertakes to:
4.2.1. to stop using the Application after the termination of the Agreement.
4.2.2. not to make any changes to the Application, including decompilation, decryption and performing other actions in order to obtain information about the implementation of algorithms used in the Application;
4.2.3. not to create derivative Applications (not to modify the Application);
4.2.4. not to reproduce or distribute the Application for commercial purposes, including as part of collections of software products;
4.2.5. not to extract, copy, reproduce, process or distribute the information provided in the Application; not to post such information on the Internet and in the mass media;
4.2.6. not to upload, store, publish, distribute, or provide access to, or make available to the Application information that
- violates the rights of minors.
- is vulgar or obscene, contains pornographic images, texts, and scenes of a sexual nature;
- contains scenes of violence and inhumane treatment of animals;
- contains a description of the means and methods of suicide, any incitement to commit it;
- promotes incitement to racial, religious, ethnic hatred or enmity, promotes fascism or the ideology of racial superiority;
- contains extremist materials;
- promotes criminal activity or contains tips, instructions, or guidelines for committing criminal acts;
- contains restricted information including, but not limited to, state and commercial secrets, information about the privacy of third parties;
- contains advertising or describes the attractiveness of drug use, including "digital drugs "(audio files that affect the human brain due to binaural rhythms); information about the distribution of drugs, recipes for their manufacture and tips for usage;
- is fraudulent in nature;
- violates other rights and interests of citizens and legal entities, as well as the requirements of the current legislation.
4.2.7. to observe the intellectual rights of third parties to the results of intellectual activity and the means of individualization equated to them when using the Application;
4.2.8. to read the terms and conditions of the Offer in a timely manner and in full;
4.2.9. to independently monitor the changes and additions made by the Licensor to the Offer in accordance with clause 4.3.1 of the Offer.
4.3. The Licensor has the right to:
4.3.1. unilaterally make changes and additions to the Offer;
4.3.2. fully or partially cancel the performance of the Agreement in case of violation of the terms of the Agreement by the Licensee by blocking or deleting the Licensee's account in the Application;
4.3.3. if the Licensor's exclusive right to the Application is violated by the Licensee's illegal actions, the Licensor has the right to demand the application of measures to protect the exclusive right to the infringer in accordance with the current legislation of the Republic of Serbia;
4.3.4. At any time, at its sole discretion, make any changes to the Application, including modifying the Application, discontinuing its development and technical support, as well as performing preventive and other technical work during which the operation of the Application may be completely or partially restricted.
4.4. The Licensor must:
4.4.1. to notify the Licensee of changes and additions to the Offer, as well as of the withdrawal of the Offer, no later than 7 (seven) calendar days before the date of entry into force of such changes and additions, or before the date of withdrawal of the Offer, by posting the text of the new version of the Offer or notification of the withdrawal of the Offer on the Licensor's information resources.
5. The cost of using the App.
5.1. The use of the Application within 3 days after installation is provided free of charge.
6. Third-party sites and Content
6.1. The Application may contain links to third-party sites on the Internet (hereinafter referred to as "Third-party Sites"), as well as articles, photos, illustrations, graphics, music, sounds, videos, information, applications, programs, and other content belonging to or originating from third parties (hereinafter referred to as "Third – party Content").
6.2. The Licensor is not responsible for any information posted on Third-party sites, as well as for any Third-party content. Third-party sites and Third-party content are not checked by the Licensor for compliance with the requirements of the current legislation of the Republic of Serbia.
7. Licensee's Personal Information
7.1. The Licensee independently and voluntarily transfers to third parties (including Licensor's partners) information about their personal data when registering the Licensee in the Application during the installation (download) of the Application on a mobile device and during the subsequent usage of the Application by the Licensee.
7.2. The Licensor does not receive or store the information provided by the Licensee to third parties specified in clause 7.1 of the Offer.
7.3. The Licensor does not control and is not responsible for the content of text and photo materials posted by the Licensee during the usage of the Application.
7.4. The Licensor does not verify the legal capacity of the Licensee and the accuracy of the personal data provided by the Licensee.
8.1. The Licensor does not provide the Licensee with any guarantees regarding the error-free and uninterrupted operation of the Application.
8.2. The Application is provided on an "as is" basis. The Licensor does not provide any guarantees regarding the error-free and uninterrupted operation of the Application or its individual components, the compliance of the Application with the specific purposes of the Licensee and does not provide any other guarantees not expressly specified in this Agreement.
8.3. To the maximum extent permitted by applicable law, the Licensee, as well as its partners, does not bear any responsibility for any direct or indirect consequences of any use or inability to use the Application, for any changes in health or sleep mode and/or other damage caused to the Licensee and/or third parties as a result of any use or non-use of the Application or its individual components, including due to possible errors or failures in their operation.
8.4. The Licensor is not responsible for any consequences of the Licensee's use and/or inability to use the Application (including responsibility for the transfer and use by third parties of the Licensee's personal data transmitted by the Licensee during registration in the Application during installation (download) The Application to the device and subsequent use of the Application), as well as for damage caused to the Licensee or any third party as a result of such use and/or inability to use the Application.
8.5. The Licensor is not liable in case of violation of intellectual rights to the results of intellectual activity and the means of individualization of third parties equated to them, caused by the actions of the owners and users of Third-party sites and Third-party content, as well as the actions of the Licensee when downloading, storing, publishing, distributing any information in the Application by the Licensee.
8.6. If the Licensor is subject to claims or claims related to the violation of the intellectual rights of third parties in relation to the results of intellectual activity and equivalent means of individualization caused by the actions of the Licensee, the Licensor shall involve the Licensee in the settlement of these claims. All costs and losses incurred by the Licensor because of the settlement of these claims are reimbursed by the Licensee.
8.7. All claims related to the use/inability to use the Application, as well as possible violations of the law and/or the rights of third parties as a result of using the Application, should be sent to the email address mailto: firstname.lastname@example.org.
9. Force majeure circumstances
9.1. The Licensor and the Licensee are released from liability for full or partial non-performance or improper performance of their obligations under the Agreement if such non-performance were the result of force majeure, that is, events that could not have been foreseen or prevented. These events include natural disasters, military actions, the adoption of regulatory or law enforcement acts by state or local self-government bodies, and other actions that are beyond the reasonable foresight and control of the Licensor and the Licensee.
10. Term of the Agreement and terms of its termination
10.1. The Agreement is considered to be concluded from the moment the Licensee performs the actions specified in clause 2.2 of this Offer and is valid until its termination on the grounds provided for by the current legislation of the Republic of Serbia.
10.2. The Licensee has the right to unilaterally terminate the Agreement by performing actual actions to remove the Application from the mobile device.
10.3. The Licensor has the right to unilaterally withdraw from the Agreement in whole or in part if the Licensee grants third parties the rights to use the Application, or to use a new result of intellectual activity created by the Licensee on the basis of the Application, outside the rights provided for in this Offer, as well as in other cases provided for in this Offer and the legislation of the Republic of Serbia.
11. Final provisions
11.1. This Agreement may be amended by the Licensor without any prior notice. Any changes to the Agreement made by the Licensor unilaterally come into force on the day following the day of publication of such changes on the website of the Licensor: https://onlyapps.org. The User undertakes to independently check the Agreement for changes. The User's failure to perform actions to familiarize himself with the Agreement and / or the amended version of the Agreement cannot serve as a basis for the User's failure to fulfill his obligations and the User's failure to comply with the restrictions established by the Agreement.
11.2. The invalidity of one or more provisions of the Agreement, recognized in accordance with the established procedure, by a court decision that has entered into force, does not entail the invalidity of the Agreement as a whole for the Parties. If one or more provisions of the Agreement are declared invalid in accordance with the established procedure, the Parties undertake to fulfill the obligations assumed under the Agreement as close as possible to those implied by the Parties at the conclusion.
11.3. This Agreement and the relationship between the Parties in connection with this Agreement and the usage of the Application are governed by the legislation of the Republic of Serbia.
11.4. The rules of the Civil Code of the Republic of Serbia (the "Civil Code of the Republic of Serbia") governing the procedure and conditions for concluding a contract by accepting a public offer apply to the form and method of concluding this Agreement.
11.5. All disputes between the parties under this Agreement are subject to settlement by correspondence and negotiations using the mandatory pre-trial (claim) procedure. If it is impossible to reach an agreement between the parties through negotiations within 60 (sixty) calendar days from the date of receipt of the written claim by the other Party, the dispute must be referred by any interested party to the court at the location of the Licensor (with the exception of the jurisdiction of the case to any other courts).
For questions related to the execution of the Agreement, please contact the address of the Licensor's location: 21000, Republic of Serbia (Srbija), Novi Sad, Mite Ruzica 2
Edition of " 20 " January 2023.