Last updated: January 13, 2017
By downloading and using the App, you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service.
The Terms & Policy constitute the reasonable effort to inform you about the rights and responsibilities of the sides included, as well as provide information on how your data is handled while using the Service. You should acknowledge this and must not take legal advantage of any possible incompleteness or ambiguity in these Terms. In case you encounter such incompleteness or ambiguity that affects how you perceive the provision of Service to you, you must either request clarification from the Developer by email and abstain from using the Service before receiving the reply and re-evaluating the Terms accordingly, or cease using the Service immediately.
The Developer may, at any time and for any reason, amend the Terms & Policy by publishing an amended version at this Web URL, or linking to the amended version from this Web URL. The amended Terms shall automatically be effective upon publishing. In case the amended version contains factual changes that greatly affect your use of the Service and/or the way your data is handled, the Developer will make their best effort to notify you of such changes by displaying an appropriate message in the visual interface of the Service.
The Service consists of two parts: the local functionality of the mobile application, namely managing and displaying system-wide overlays and any other functionality that is accessible directly on the Customer's physical or virtual device and doesn't require the Customer to authenticate to Developer's software or hardware ("Local functionality"), and the functionality that requires the software and/or hardware provided directly or indirectly by the Developer over the Internet and requires the Customer to create a User Account ("Online functionality").
At the present moment, all Local functionality can be used freely by any Customer as long as such use doesn't violate any applicable laws. The Developer reserves the right to make any changes to the quality and quantity of provided services, including Local functionality, at their own judgment. This said, the Developer shall make their best effort to ensure that none of the existing Local functionality as of January 13, 2017 becomes premium or limited. The Developer may add such Local functionality in the future that would require the Customer to pay one-time or recurring fees.
At the present moment, Online functionality is being under development and therefore is not presented in its planned entirety. During the development period, some Customers may be presented with a time-limited offer to use the available Online functionality (the "Preview") at no cost. Upon the release of Online functionality to be generally available, enrollment of all Customers in the Preview will be terminated until they accept the new Terms & Policy available at that moment.
The Service uses 3rd party analytics and crash reporting tools, namely Google Analytics and Firebase Analytics (operated by Google Inc.), and Crashlytics (operated by Crashlytics, Inc., subsidiary of Twitter, Inc.). These tools are used by the Developer to collect anonymized, non-identifying data on how the Service is used and whether the Customers may experience any issues with using the Service. The examples of data collected and accessible by the Developer are: screens of the mobile application navigated, settings changed, errors reported and application crashes occurred, events performed, such as selecting, enabling, disabling, cloning and editing overlays, NOT reporting the content or metadata of user-created (custom) overlays. Each of these reported events also include information on the purchases made by the user, WITHOUT possibility to link this data to a specific Customer unless the latter opts in to Online functionality. This data is collected by Developer with the sole purpose to better understand usage patterns and feature discovery, quickly react to issues, and ultimately improve the Service. The Developer can also see aggregated data on users' location (country and city level), demographics and interests. Additionally to this, the aforementioned platforms may collect additional data without the Developer being aware or able to access those data — for details on how that data is collected and handled please consult with the respective Privacy Policies of the aforementioned tools. For what it's worth, most of the applications on your device implement the same kind of data collection, often to a much greater extent.
The use of the Online functionality of the Service by the Customer involves exchange of pieces of data ("User Data"). Such User Data consists of the content and metadata of used overlays, either in whole or in part, the commands performed within the Service across the Customer's connected devices, and is not considered sensitive. The exchange and storage of User Data is performed using Firebase Services, namely Firebase Realtime Database. Due to the nature of the service, the Developer may see or reconstruct User Data in plain text and link it to a particular User Account. The Developer reserves the right to analyze the pieces of User Data solely for the purpose of improving the Service.
The Customer shall use the Service for lawful purposes only.The Customer may not use the Online functionality to transfer information other than meant for consumption within the Service. The examples of such violation include: sending deliberately malformed data packets, tampering with the data sent by the Service, sending irrelevant data disguised as User Data, including but not limited to sending large amounts of data encoded as plain text. The Customer may not deliberately try to disrupt the operation of the Service by any means, including but not limited to sending large amounts of data with the intention to deplete the service quota, opening an excessive amount of connections to the Service, or creating more than two User Accounts. The Developer reserves the right to terminate the User Account at their sole discretion without explanation or prior notice and without right of refund, should the Developer suspect that any disrupting activity has been performed with the connection of this User Account.
The Developer does not guarantee uninterrupted or error-free operation of the Service. The Service is provided "as is" without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. The Developer is not responsible for any technical, hardware or software malfunctions, lost or unavailable network connections, downtime or disconnections from User Accounts. While best efforts are being taken to prevent such incidents, the Developer is not to be held responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User Accounts.
To the maximum extent permitted by applicable law, in no event shall the Developer be liable for any, indirect, incidental, special, consequential or exemplary damages, however caused and under any theory of liability arising out of or in connection with the Agreement. If the Developer is found to be liable to the Customer for any damage or loss which arise out of or is any way connected to the use of the Service, the Developer's liability shall in no event exceed the amount of the fees paid by the Customer within the latest 12 months. Such claims must be presented to the Developer in writing within 15 days from when such damage or loss was, or should have been, discovered.