(English language)

 

End User License Agreement for the Application

 

Last Updated: December 27, 2023

 

What does this document represent? When can I use Councilor or Royal Councilor?

 

This agreement establishes the terms between you and us for the use of the application you have downloaded. The use of the application will be permitted once you accept these terms.

 

You are reviewing our End User License Agreement ("EULA"), a legal agreement between you and NEOPROCODEX, located at AVENIDA JOSÉ LEGUÍA Y MELÉNDEZ 1020 DPTO. 502, PUEBLO LIBRE, LIMA 21, PERU ("NEOPROCODEX," "we," or "our," as appropriate), regarding the application you obtained from a mobile phone application platform ("Google Play Store"). We have attempted to simplify the text, and if you have any questions, feel free to contact us at neoprocodex@gmail.com. You will notice that we have used italicized text throughout the EULA to make it more accessible; however, this text is not legally binding.

 

1.- Defined Terms

 

In this EULA, you will notice some terms in uppercase letters. These are referred to as "defined terms" and are used to avoid repeatedly using the same language, ensuring the consistency of the EULA. We have included them to facilitate their reading in context.

 

“Application” refers to the "Councilor" or "Royal Councilor" application (depending on your region) that you download from the Google Play Store and includes any documentation, software, updates, virtual goods and services, and related content.

 

“Content” encompasses Virtual Goods and Services and all artworks, titles, themes, objects, texts, dialogues, phrases, animations, concepts, sounds, audiovisual effects, methods of operation, musical compositions, and any other content within the application. This includes anything generated, created, or developed within the Application by any user (including you) as a result of interaction with the Application's functionality.

 

Before downloading, accessing, or using the Application, you must accept this EULA. By checking the "I Accept" box or by downloading or using the Application, you indicate your consent to be bound by this EULA.

 

Your use of the Application is also governed by the applicable agreements you have with the Google Play Store (the "Google Play Store Agreements") and our Privacy Policy. Our Privacy Policy details how we collect, use, and disclose information obtained from you. In case of conflict between the Google Play Store Agreements and this EULA regarding your use of the Application, this EULA will prevail.

 

2.- Eligibility and Registration

 

a. Age Restrictions. To use or access the Application, you must be at least 18 years old and have the legal capacity to enter into a binding contract with us, as well as not be prohibited by applicable law. If you are under 16 years old (or the corresponding age in your jurisdiction to be considered a minor), you must obtain consent from your parents or legal guardians. Your parents or legal guardians must accept this EULA on your behalf for you to access or use the Application. Without such consent and agreement, you will not be allowed to access or use the Application.

b. Account Creation. You may need to create an account within the Application (your "Application Account") to access certain parts of it. Your Application Account is independent of any account you may have on the Google Play Store (your "Google Play Store Account"). During the registration process, you may use a username and select your preferred language and gender. This data is necessary to facilitate effective communication between the Application and you.

c. User Account Responsibility. You are responsible for all activities performed on your User Account, regardless of whether you are aware of them or not.

 

Privacy Policy

 

3.- Type of Information Collected:

 

a. This application incorporates advertising features and means, for which we will request user consent to display targeted advertising. It is important to note that the advertising platform AdMob, owned by Google, in its data management policy, may collect user information to promote products and services.

b. Google and AdMob are subject to strict privacy policies, such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). Therefore, user consent is required to collect and use personal data for personalized advertising purposes. Users can control or limit personalized ad tracking through privacy settings on their mobile devices.

c. The application may communicate with users via emails whenever the user contacts the developers, but this information will not be processed or stored in a database. These emails will be deleted after a maximum of one year to free up storage space. Any response provided to users by the application must be stored by the users themselves.

d. Daily and/or monthly advice queries made by users within the application are private and stored locally on their devices. This information is not shared, stored, or distributed externally. The user is responsible for not deleting the application's storage space or formatting the mobile device, as this could result in the loss of stored information, including archived plays, in-app purchases, and subscriptions.

e. This application does not perform a backup of the data stored by the user within the application, whether these are archived plays, in-app purchases, or membership acquisition.

 

4.- Purpose of Information Use:

 

a. Our application uses AdMob features, owned by Google, to collect user data with their consent to process local information. This data collection is subject to privacy regulations and strict policies to protect personal information. They are used to enhance the user experience by displaying relevant ads based on their interests. Please refer to AdMob's privacy policies for more information.

 

5.- Protection, Information Security, and User Rights:

 

a. The user will always have the freedom to grant consent for handling their personal information, as well as the power to withdraw such consent or restrict options to grant it.

b. The protection and security of user data are regulated by international data privacy laws, such as the Electronic Communications Privacy Act (ECPA) and the California Consumer Privacy Act (CCPA), among others.

 

Purchase Policy

 

6.- In-App Purchases:

 

a. Our application offers in-app purchases through the Google Play Store platform. Financial information, including credit card details or other payment methods, is not processed or stored by our application. The entire payment process is conducted securely and under the management of the Google Play Store.

b. Users can acquire products, additional features, or services through the Google Play Store while using our application. These transactions are subject to store policies, including payment terms, refunds, and any other regulations set by the Google Play Store.

c. Although the purchases made are recorded in our billing systems, this application uses local storage functions to keep a record of such transactions. If the user formats the device, there is a possibility of losing this stored information, which could affect purchases made within the application (in-app).

d. This application does not perform local backups of the in-app purchases made. If the user experiences a loss of stored information due to technical issues with the device in use, such as with active memberships, we encourage them to contact us through the 'Contact Us' section. We will be willing to analyze their case and seek the best possible solution.

 

7.- Requested Personal Services and Application Memberships.

 

It is possible that we offer additional features in the Application for which payment is required. These payment methods will be processed through the Google Play Store payment gateway.

 

a. Acquisition of counseling and personalized counseling services in the Application: We may offer updates and options within the Application that can be purchased with real-world currency, such as counseling and detailed interpretation of archived plays, personalized counseling on individual topics, purchase of monthly or annual advice, acquisition of annual ad-free membership, obtaining premium membership for expanded options annually, among other complementary digital elements that can enhance your experience in the Application (collectively referred to as "Virtual Services"). It is possible to obtain virtual services and memberships without making direct purchases, such as through events or rewards within the Application. When purchasing a service or membership, Virtual Products or the Application itself (each will be a "Transaction"), such purchase will be made through the functionality available in the Google Play Store. It is crucial to fully understand the Google Play Store Agreements in relation to Transactions before making any. There may be limits on the amount or frequency of purchase, as well as other aspects of your Transaction. For example, if you acquire a monthly advice per month, such purchase can only be made again at the end of the corresponding month. Any applicable restriction will be communicated through the Application's functionality.

b. License for Virtual Services: Virtual services constitute digital items, and subject to compliance with this EULA and the Google Play Store Agreements, you are granted the following license: a limited, personal, non-exclusive, non-transferable, and non-sublicensable right and license.

c. Virtual services follow the same theme and profile as the daily and monthly advice offered. If the response obtained as a result of contracting counseling and personalized counseling services does not meet your expectations, it will not be our responsibility.

d. Modifications in App Currency and Content: Unless prohibited by applicable law, we, at our sole discretion, may modify, replace, suspend, cancel, or delete any Service or Content of the Application, including your ability to access or use Application features or Content, without prior notice or liability to you. YOU AGREE NOT TO ASSERT OR CLAIM AGAINST US, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS (THE "NEOPROCODEX PARTIES") RELATING TO: (A) A CLAIM THAT YOU HAVE A PROPERTY INTEREST IN ANY VIRTUAL SERVICE OR MEMBERSHIP OF THE APPLICATION; OR (B) A CLAIM FOR AN ALLEGED MONETARY VALUE OF LOST VIRTUAL SERVICES OR MEMBERSHIPS OF THE APPLICATION DUE TO: (I) DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS TO THE APPLICATION RESULTING IN LOSS OF VALUE OF VIRTUAL SERVICES OR CHANGE IN THEIR VALUE, (III) MODIFICATION, TERMINATION, OR EXPIRATION OF THIS EULA, (IV) TECHNICAL REASONS OR IMPERFECTIONS OF YOUR DEVICE, (V) DELETION OF STORED DATA FROM THIS APPLICATION ON THE MOBILE DEVICE OR DUE TO ANY REFORMAT OF THE DEVICE.

 

8.- Data Protection:

 

a. We do not store or have access to user payment information since the entire purchase process is securely conducted through Google Play Store. The privacy and security of financial data are protected under Google Play Store's security policies and protocols.

b. Any sensitive information provided during the payment process, such as credit card data or banking information, is subject to Google Play Store's privacy policy and handled according to its terms and conditions.

 

9.- Purchase Refunds:

a. Google Play Store has a specific policy for In-App purchase refunds. Once the Application receives payment for requested services or acquired rights, immediate actions and responses begin to be counted in time. The use or consumption of purchased acquisitions begins only after payment.

b. In compliance with Google Play Store policies, once defined deadlines for In-App purchase refunds have passed, the Application will not process refunds for purchases made within the application, such as memberships and requested services.

 

Terms of Service

 

10.- License

 

By accepting this EULA, you are granted permission to use our Application. In case of rule violations or disagreements, your access to the Application could be restricted.

 

a. Licensing Grant: Provided that you comply with this EULA and the Google Play Store Agreements, the following license is granted to you: a limited, personal, non-exclusive, non-transferable, and non-sublicensable right and license to (i) download and install the Application on the device permitted by the Google Play Store Agreements, and (ii) access and use the Application, including any Content, solely for your own entertainment purposes, making use only of the Application’s functionality. We and our licensors reserve all rights to the Application not expressly granted to you in this EULA unless the Content is not Neoprocodex's exclusive property and is licensed worldwide freely, such as images courtesy of Civitai.

b. Retail Purchases: We may offer codes or product keys that can be activated in the Application or used to activate it in the Google Play Store. These codes or keys must be acquired through Neoprocodex to be valid.

 

11.- License Restrictions

 

By accepting this EULA, you agree to refrain from the following with respect to the Application:

 

a. Using it for commercial, promotional, or third-party benefit purposes not allowed by this EULA.

b. Offering additional services to the Application that are not included by default (or within standard Google Play Store functionality), such as hosting, "leveling" of services, duplicating Application servers, pairing, emulation, communication redirection, use of bots (or other forms of automated Application control), tunnels, third-party program add-ons, or any activity that interferes with the Application's online or network operation.

c. Copying, reproducing, distributing, displaying, mirroring, framing, or using (or any other use of our materials, intellectual property, or proprietary information) in a manner not expressly authorized in this EULA.

d. Selling, renting, leasing, licensing, distributing, or otherwise transferring the Application or any Content, including those with freely worldwide licenses or other third parties, as well as Virtual Goods and Services. This includes involvement or operation of "secondary markets" for Virtual Goods or Content.

e. Attempting reverse engineering, extracting source code, modifying, adapting, translating, decompiling, disassembling, or creating derivative works based on the Application or any Content, unless permitted by applicable local law.

f. Removing, disabling, bypassing, or modifying any technological measure we implement to protect the Application or any associated intellectual property, whether ours or third parties'.

g. Performing, developing, distributing, or using any unauthorized software to gain undue advantages in any aspect of Application use. This includes, but is not limited to:

 

(i) Violating applicable laws or regulations.

(ii) Attempting to breach security or authentication or probing, scanning, or testing system vulnerability.

(iii) Accessing, altering, or using non-public areas of the Application.

(iv) Behaving detrimentally to other users' enjoyment of the Application, including sabotaging the Application, social engineering, or scams.

(v) Uploading, posting, submitting, or transmitting Content that violates intellectual property rights, is fraudulent, defamatory, obscene, promotes hate, discrimination, harassment, violence, or illegal activities, among others.

(vi) Interfering with any user, host, or network access, sending viruses, performing spam activities, or taking actions that may negatively affect the Application.

(vii) Impersonating another person or entity.

(viii) Using methods to disguise your geographical location to bypass geographical restrictions of the Application or for other purposes.

(ix) Using the Application in a way that adversely affects us, the Application, or dissuades others from using its features.

(x) Encouraging or enabling others to perform any of the above actions.

 

We reserve the right to investigate violations of this EULA or behavior that affects the Application, although we are not obligated to do so.

 

12.- Development and Scope of the Application:

 

a. This application, called 'Councilor' in English, has been developed by Neoprocodex and is available in 12 languages. It is designed for adults, young people, or children aged 14 and older, under adult guidance, due to the level of comprehension required to interpret messages as advice within the Application.

 

13.- Nature of the Advice Offered:

 

a. This application offers advice representing a humanistic interpretation from a holistic and philosophical standpoint. They are not an absolute guide or a complete representation of the surrounding reality but a philanthropic perspective of the world and living beings in general.

 

14.- Intention of the Advice Offered within the Application:

 

a. The advice is not intended to offend sensibilities of any human group, belief, or ideology. They aim to accompany the user in personal reflection.

b. The advice provided by the Application is intended solely for the user's personal use. They should not be applied to third parties or social groups, nor used for commercial purposes. Furthermore, this information should not be considered comprehensive advice directed to social groups of different religions, ages, genders, or ideologies.

c. The use and application of daily and monthly advice are the sole responsibility of the user. This application is purely indicative. Any action taken or not taken by a user based on the advice offered by this Application is not the responsibility of this Application or Neoprocodex.

d. The user agrees that Neoprocodex is not responsible for the actions of any end user or third party incentivized by the end user, resulting from following the advice received within this application.

e. The intention of the advice is to broaden the rational and emotional perspective of the individual based on a humanistic and philosophical teaching.

 

15.- Images Generated by Neoprocodex on the Civitai Platform:

 

a. This application includes images, shapes, drawings, and silhouettes independently designed by Neoprocodex.

b. Neoprocodex has generated all the prompts to create the images used in this application within the Civitai platform, under an open-source license. The rights to this license are globally free and royalty-free, under the terms stipulated by Civitai. You cannot use the images from this application for commercial purposes since the usage license has been granted to Neoprocodex. Offering these images for sale or lease is prohibited.

c. The images are not used commercially in the application. Each image associated with the advice serves as a complement to the texts offered to the users.

d. Images generated by AI are complementary and non-essential elements for the advice provided to users. They may be refined and replaced whenever Neoprocodex deems it necessary.

e. Neoprocodex has written confirmation from Civitai to use the images generated within its platform in this application.

 

16.- Legitimate Use of Civitai's Content:

 

a. The content generated by Neoprocodex on the Civitai platform is used freely as visual reference to comment on the advice in text format provided in the application to the end user.

b. The advice offered within this application does not specifically address the images used as visual references. These texts express generalized ideas based on philosophical and holistic viewpoints. The images are solely referential.

 

17.- Image Editing Process:

 

a. The images have been refined and edited to transform into graphic elements with distinctions from the original images and serve as visual reference for the advice provided by Neoprocodex in text format.

b. No intellectual property law or copyright is infringed upon, nor are any licenses granted for the use of graphic elements violated.

 

18.- Authorship of the Advice:

 

a. Neoprocodex offers holistic counseling and consultancy services to application users.

b. All advice is of human authorship and original writing. The texts, notifications, and translations are authored by Neoprocodex.

c. Any advice or consultancy requested and paid for by users is of human authorship and original writing.

d. The original texts are written in Spanish and translated into 12 different languages. The text is susceptible to errors that can be corrected once identified.

 

19.- Ownership and Rights of the Music Used in the Application

 

a. Neoprocodex holds a non-exclusive, limited, and royalty-free license for the use of the music titled "Royal Councilor_292.mp3" in this application. This music was generated and acquired through the Beatoven.ai platform (https://www.beatoven.ai), granting us the perpetual and worldwide right to its use.

 

b. This license allows Neoprocodex to exclusively use the music in synchronization with this application, including its reproduction, distribution, transmission, exhibition, public presentation, public communication, and any other form of exploitation, in accordance with the terms and conditions set forth by Beatoven.ai.

 

c. It is important to highlight that our authorization to use this music is restricted to its use within this application and in compliance with the terms of the license granted by Beatoven.ai.

 

20.- Third-Party Websites and Resources

 

a. The Application contains links to third-party websites or resources. We provide these links solely as a convenience and are not responsible for the operation of such external servers in case the links may be inactive, including maintenance dates or updates to their servers or websites, which is the decision of these third parties. You assume sole responsibility and all risks arising from your use of third-party websites or resources.

b. In the event that the links used within the Application are compromised due to third-party servers ceasing operation, Neoprocodex will update their repository as soon as possible to ensure the proper functioning of the Application.

c. The Application may contain software subject to "open source" licenses (the "Open Source Software"). When using such software, please note that there may be provisions in the Open Source Software license that expressly override this EULA. In such a case, such provisions shall prevail in case of conflict.

 

21.- Modifications to the Application and the EULA

 

When we update this EULA, you must accept the updated version to continue using this Application. Also, it is important to have the freedom to update the Application when we deem necessary. Therefore, please be informed that we may make these updates at any time.

 

We may (though we are not obligated to do so) update this EULA at any time we consider necessary. If so, you will be asked to accept the updated EULA the next time you access the Application or when you are informed of the update. To continue using the Application, you must accept these updates.

 

We may provide patches, updates, or improvements to the Application that need to be installed to continue using it. We reserve the right to remotely update the Application without prior notice, and you agree that we apply such patches, updates, and improvements. If your device has the capability to prevent automatic updates, you may not be able to access the Application after an update until you manually update it on your device. We reserve the right to modify, suspend, discontinue, replace, substitute, or limit your access to any aspect of the Application at any time. Subject to applicable law, you acknowledge that any user data, usage progress of the Application, or other data related to your usage may cease to be available to you at any time without prior notice from us, including after any patch, update, or enhancement made by us. You agree that we have no obligation to maintain or support regarding the Application.

 

In line with applicable law, we may change the prices of virtual goods and services of the Application or the Content at any time and for any reason.

 

22.- Warranty Disclaimers

 

We do not offer any warranty regarding the Application. Due to the diversity of devices worldwide and the constant technological evolution, we cannot ensure that the application will function consistently at all times.

 

THE APPLICATION IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, NEOPROCODEX PARTIES EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEOPROCODEX PARTIES DO NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE UNINTERRUPTED, SECURE, OR ERROR-FREE. FURTHERMORE, NEOPROCODEX PARTIES DO NOT WARRANT THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, INTEGRITY, OR RELIABILITY OF THE APPLICATION.

 

23.- Access to the Application from Google Play Store

 

The Application is available to you through Google Play Store, whether presently or in the future. By accessing and using the Application, you acknowledge and agree to the following:

 

a. This EULA constitutes an agreement between you and us, not involving Google Play Store. We are solely responsible for the Application.

b. Google Play Store is not obligated to provide maintenance or support for the Application.

c. In case the Application fails to meet its warranties (if any), you may contact Google Play Store to request a refund of the purchase price of the Application (if applicable). Under applicable law, Google Play Store will have no other warranty obligations related to the Application. Any warranty breach will be our exclusive responsibility.

d. Google Play Store is not responsible for resolving third-party claims related to your possession or use of the Application, including product liability claims, failure to meet legal or regulatory requirements, or those arising from consumer protection laws or similar ones.

e. In case of third-party intellectual property rights infringement claims, we will be solely responsible for investigating, defending, settling, and releasing any claims for intellectual property infringement, as required by this EULA.

f. Google Play Store and its subsidiaries are beneficiaries of this EULA and have the right to enforce the terms of the agreement against you as third-party beneficiaries.

g. You represent and warrant that you are not in a country subject to U.S. government embargoes or designated as a country supporting terrorism. Additionally, you are not listed on U.S. government restricted or prohibited parties lists.

h. You must comply with all applicable third-party terms of service when using the Application.

 

24.- Feedback

 

We value your opinions and suggestions to improve the Application ("Feedback"). You can share your feedback by sending us an email to neoprocodex@gmail.com or using the "Contact Us" feature in the Application, if available. By providing us feedback, you grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise exploit the Feedback for any purpose and in any manner worldwide. You represent and warrant that you have sufficient rights in the Feedback to grant this license.

 

25.- Ownership

 

All contents of the Application are our property, except for the worldwide license and royalty-free rights of the images courtesy of Civitai. We, along with our affiliates and licensors, own all intellectual property rights of the Application, including the Content and services and memberships offered in the Application. It is not allowed to remove, alter, or hide any copyright, trademark, or other notices of property rights present in the Application. Furthermore, your actions or inactions, as well as ours, shall not create any other rights beyond those expressly stated in this EULA.

 

26.- Limitation of Liability

 

This section limits the scope of our liability in case of legal disputes.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEOPROCODEX PARTIES SHALL NOT IN ANY WAY BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE APPLICATION, OR THE DELAY OR INABILITY TO USE OR LACK OF FUNCTIONALITY OF THE APPLICATION, EVEN IN THE CASE OF NEGLIGENCE, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNIFICATION BY ANY NEOPROCODEX PARTY, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR OTHERWISE, AND EVEN IF SUCH NEOPROCODEX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF NEOPROCODEX PARTIES ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE APPLICATION SHALL NOT EXCEED: (A) THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) OR OWE TO US DURING THE TWELVE (12) IMMEDIATELY PRECEDING MONTHS TO THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) DOES NOT APPLY, TWENTY DOLLARS ($20 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF ANY REMEDY DOES NOT PROVIDE ADEQUATE COMPENSATION AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

 

Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as set forth above, so the foregoing terms may not apply to you. Instead, in such jurisdictions, the foregoing exclusions and limitations shall apply to the maximum extent permitted by the laws of such jurisdictions. Additionally, you may have additional legal rights in your jurisdiction, and nothing in this EULA shall prejudice the rights you may have as a consumer of the Application.

 

27.- Indemnity

 

If someone sues us because of your breach of this EULA or your access/use of the Application, you may need to defend us in that lawsuit.

 

You agree to indemnify, defend, and hold harmless Neoprocodex Parties and their employees, officers, directors, agents, contractors, and other representatives from any claim, demand, action, loss, liability, cost, and expense (including, without limitation, attorneys' fees, costs, and expert witness fees) arising out of or related in any way to any claim that, if true, would constitute a breach by you of this EULA. You agree to reimburse us for any payments made or losses suffered by us, whether in a court judgment or in a settlement, based on any matter covered by this "Indemnity" Section.

 

28.- Termination

 

We may stop providing the Application for various reasons, such as if we discontinue our offerings of the Application in your region, if you violate this EULA, or if the Google Play Store cancels your Google Play Store account.

 

We reserve the right to terminate your access and use of the Application, including all Content, without any liability to you in the event that: (a) we cease to provide the Application to users in similar situations in general; (b) you breach any of the terms of this EULA (including Google Play Store Agreements and our other policies specified in this EULA); or (c) the owner of the corresponding Google Play Store cancels your Google Play Store account. You may also terminate this EULA by deleting and uninstalling the Application on each and every one of your devices or by deleting your Google Play Store account. Upon termination of this EULA, the rights granted to you will automatically terminate, and you will no longer be able to exercise any of those rights or this EULA. Except to the extent required by law, all payments and fees are non-refundable under any circumstances, regardless of whether this EULA has been terminated or not.

 

29.- Applicable Law and Jurisdiction

 

You agree to the laws of Peru. You agree that any action related to this EULA will be resolved in accordance with the laws of the Administrative Region of Peru, without reference to choice of law principles and excluding the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Any law or regulation that states that the language of a contract will be construed against the drafter will not apply to this EULA.

 

30.- Dispute Resolution

 

If there is a dispute between us, we agree that it will be resolved through arbitration and each of us will pay our own costs.

 

a. Dispute Resolution. Any dispute arising with respect to this EULA, the Application, or any related service will be referred to and resolved by arbitration administered by the Arbitration Center of the Lima Chamber of Commerce (CAL) under the Arbitration Rules administered by CAL in force at the time of delivery of the arbitration notice.

b. Arbitration Rules. The arbitration will be conducted in accordance with the law of Peru, the seat of the arbitration will be Peru, and the language of the proceedings will be in Spanish. The number of arbitrators will be three (3), and each party will appoint one arbitrator within thirty (30) days following the delivery of the arbitration notice. The appointment of such arbitrators will be confirmed by the CAL, and both arbitrators will receive instructions and agree on the third arbitrator within ten (10) days following their confirmation by the CAL. If either party fails to appoint an arbitrator, or if the two arbitrators fail to agree on the third arbitrator within ten (10) days, such arbitrator will be appointed by the secretary general of the CAL. The arbitrators will award only the damages and losses that are allowed to be awarded in accordance with this EULA.

c. Costs. Each party will bear its own costs and expenses (including, among others, attorneys' fees) of such arbitration; provided, however, that the parties will equitably share the arbitrators' fees and expenses.

d. Injunctive Relief. Notwithstanding any provision to the contrary in this EULA, either party may always seek from a court of competent jurisdiction injunctive relief or any other legal or equitable remedy.

 

31.- No Assignment

 

You may not transfer or assign this EULA to anyone else. You also may not assign or transfer this EULA, whether by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer this EULA without such consent will be null and void. Notwithstanding the foregoing, we reserve the right to assign or transfer this EULA freely and without restriction. However, this EULA will bind and inure to the benefit of the parties, their successors, and permitted assigns.

 

32.- Miscellaneous

 

This EULA constitutes our complete and final agreement (without external agreements). The official version is written in Spanish. If any part of this EULA is unenforceable, the rest will be enforced to the extent possible. Our failure to enforce any part of this EULA does not mean we won't do so in the future or that we waive our other rights. Additionally, except as provided in the Google Play Store, no one other than you or us can enforce this EULA.

 

(a) Entire Agreement. This EULA and any other document or information referred to in this EULA represent the complete and exclusive understanding between you and us regarding the Application, superseding any prior oral or written understanding between both parties related to the Application.

 

(b) Language. The original language of this EULA is Spanish; any translation is provided for reference only. You waive any rights you may have under the law of your country to demand that this EULA be drafted or interpreted in another language.

 

(c) Severability. This EULA describes certain legal rights, and you may have other rights under the laws of your jurisdiction. This EULA does not affect those rights if the law does not allow it. If a competent court finds that some provisions of this EULA are unenforceable, they will apply to the maximum extent permitted by applicable law, and the other provisions of the EULA will remain in full force and effect.

 

(d) No Waiver. Our failure to enforce any right or provision of this EULA will not be considered a waiver of such right or provision. The waiver of any right or provision will be effective only if made in writing and signed by one of our duly authorized representatives. The exercise of any remedy by any party under this EULA will not affect other remedies under this EULA or otherwise, unless expressly stated in this EULA.

 

(e) Third-Party Rights. Except as provided in the section "Access to the Application from Google Play Store," no person other than a party to this EULA will have the right to enforce its terms.

 

33.- Contact Information

 

If you have any questions about this EULA or the Application, please contact us at neoprocodex@gmail.com.