1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Positivity OÜ ("Company," "we," "us," or "our"), a company registered in Estonia, operating under the brand name Positivity Apps.
By accessing or using our website at positivityapps.com ("Website") and any related services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Website.
2. Changes to Terms
We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes, we will update the "Last updated" date at the top of this page. Your continued use of the Website after any changes constitutes your acceptance of the new Terms. We encourage you to review these Terms periodically.
3. Use of the Website
You may use our Website only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Website in any way that violates any applicable national or international law or regulation
- Use the Website to transmit or send unsolicited commercial communications
- Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Website
- Take any action that imposes an unreasonable or disproportionately large load on our infrastructure
- Upload invalid data, viruses, worms, or other software agents through the Website
- Collect or harvest any personally identifiable information from the Website
- Use the Website for any commercial solicitation purposes without our prior written consent
- Impersonate another person or otherwise misrepresent your affiliation with a person or entity
4. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Positivity OÜ, its licensors, or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials
- You may store files that are automatically cached by your web browser for display enhancement purposes
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution
5. Trademarks
"Positivity Apps," "Positivity OÜ," and all related names, logos, product and service names, designs, and slogans are trademarks of Positivity OÜ or its affiliates. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6. Third-Party Links
Our Website may contain links to third-party websites or services that are not owned or controlled by Positivity OÜ. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by or in connection with the use of any such content, goods, or services available on or through any such websites or services.
7. Disclaimer of Warranties
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER POSITIVITY OÜ NOR ANY PERSON ASSOCIATED WITH POSITIVITY OÜ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.
WITHOUT LIMITING THE FOREGOING, NEITHER POSITIVITY OÜ NOR ANYONE ASSOCIATED WITH POSITIVITY OÜ REPRESENTS OR WARRANTS THAT THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, POSITIVITY OÜ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POSITIVITY OÜ, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law, including liability under mandatory consumer protection laws of the European Union.
9. Indemnification
You agree to defend, indemnify, and hold harmless Positivity OÜ, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website.
10. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Estonia, without regard to its conflict of law provisions. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Estonia.
If you are a consumer residing in the European Union, you may also be entitled to bring proceedings in the courts of your country of residence, and you will benefit from any mandatory provisions of the law of your country of residence that cannot be derogated from by contract.
11. Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
12. Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Positivity OÜ regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
13. Waiver
No waiver by Positivity OÜ of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Positivity OÜ to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
14. Contact Information
If you have any questions about these Terms, please contact us at:
Positivity OÜ
Email: