TERMS OF SERVICE
Last updated: 05/11/2020
1. Introduction
Welcome to Retrica, Inc. (“Company”,
“we”, “our”, “us”)
These Terms of Service (“Terms”, “Terms of Service”)
govern your use of our web pages located at https://retrica.co and our
mobile application Retrica (together or
individually “Service”) operated
by Retrica, Inc.
Our Privacy Policy also governs your use of our
Service and explains how we collect, safeguard and disclose information that results
from your use of our web pages. Please read it here
https://retrica.co/privacy.html.
Your agreement with us includes these Terms and
our Privacy Policy (“Agreements”).
You acknowledge that you have read and understood Agreements and agree to be bound
of them.
If you do not agree with (or cannot comply with)
Agreements, then you may not use the Service. These Terms apply to all
visitors, users and others who wish to access or use Service.
2. Communications
By creating an
Account on our Service, you agree to subscribe to newsletters, marketing or
promotional materials and other information we may send. However, you may opt
out of receiving any, or all, of these communications from us by following the
unsubscribe link or by emailing at.
3. Purchases
If you wish to
purchase any product or service made available through Service (“Purchase”), you may be asked to supply
certain information relevant to your Purchase including, without limitation,
your credit card number, the expiration date of your credit card, your billing
address, and your shipping information.
You represent and
warrant that: (i) you have the legal right to use any
credit card(s) or other payment method(s) in connection with any Purchase; and
that (ii) the information you supply to us is true, correct and complete.
We may employ the use
of third-party services for the purpose of facilitating payment and the
completion of Purchases. By submitting your information, you grant us the right
to provide the information to these third parties subject to our Privacy
Policy.
We reserve the right
to refuse or cancel your order at any time for reasons including but not
limited to: product or service availability, errors in
the description or price of the product or service, error in your order or
other reasons.
We reserve the right
to refuse or cancel your order if fraud or an unauthorised or illegal
transaction is suspected.
4. Contests, Sweepstakes and
Promotions
Any contests,
sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by
rules that are separate from these Terms of Service. If you participate in any
Promotions, please review the applicable rules as well as our Privacy
Policy. If the rules for a Promotion conflict with these Terms of Service,
Promotion rules will apply.
5. Subscriptions
Some parts of Service
are billed on a subscription basis (“Subscription(s)”).
You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are
set either on a monthly or annual basis, depending on the type of
subscription plan you select when purchasing a Subscription.
At the end of each
Billing Cycle, your Subscription will automatically renew under the conditions
set by the Apple App Store, Google Play Store, Huawei AppGallery
(“App Market”). The conditions of the Subscription upon renewal may
include price changes according to currency rate changes, tax rate changes or business
plan of the Company. You may cancel your Subscription renewal either through the
management page of the App Market.
A valid payment
method, including an account with an App Store, Play Store, Huawei AppGallery or any other app market operator, credit card or
PayPal, is required to process the payment for your subscription. You shall
provide us with accurate and complete billing information including
full name, address, state, zip code, telephone number, and a valid payment
method information. By submitting such payment information, you automatically
authorise Retrica, Inc. to charge all
Subscription fees incurred through your account to any such payment
instruments.
Should automatic
billing fail to occur for any reason, Retrica,
Inc. will issue an electronic invoice indicating that you must proceed
manually, within a certain deadline date, with the full payment corresponding
to the billing period as indicated on the invoice.
6. Free Trial
Retrica,
Inc. may, at its sole discretion, offer a Subscription with a free trial
for a limited period of time (“Free Trial”).
You may be required
to enter your billing information in order to sign up for Free Trial.
If you do enter your
billing information when signing up for Free Trial, you will not be charged
by Retrica, Inc. until Free Trial has
expired. On the last day of Free Trial period, unless you cancelled your
Subscription, you will be automatically charged the applicable Subscription
fees for the type of Subscription you have selected.
At any time and
without notice, Retrica, Inc. reserves the
right to (i) modify Terms of Service of Free Trial
offer, or (ii) cancel such Free Trial offer.
7. Fee Changes
Retrica,
Inc., in its sole discretion and at any time, may modify Subscription fees for
the Subscriptions. Any Subscription fee change will become effective at the end
of the then-current Billing Cycle.
Your continued use of
Service after Subscription fee change comes into effect constitutes your
agreement to pay the modified Subscription fee amount.
8. Refunds
Except when required
by law, paid Subscription fees are non-refundable.
9. Content
Our Service allows
you to post, link, store, share and otherwise make available certain
information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or
through Service, including its legality, reliability, and appropriateness.
By posting Content on
or through Service, You represent and warrant that: (i)
Content is yours (you own it) and/or you have the right to use it and the right
to grant us the rights and license as provided in these Terms, and (ii) that
the posting of your Content on or through Service does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of
any person or entity. We reserve the right to terminate the account of anyone
found to be infringing on a copyright.
You retain any and
all of your rights to any Content you submit, post or display on or through
Service and you are responsible for protecting those rights. We take no
responsibility and assume no liability for Content you or any third-party posts
on or through Service. However, by posting Content using Service you grant us
the right and license to use, modify, publicly perform, publicly display,
reproduce, and distribute such Content on and through Service and other electronic
or printed media. You agree that this license includes the right for us to make
your Content available to other users of Service and readers or users of other electronic
or printed media, who may also use your Content subject to these Terms.
Retrica,
Inc. has the right but not the obligation to monitor and edit all Content
provided by users.
In addition, Content
found on or through this Service are the property of Retrica,
Inc. or used with permission. You may not distribute, modify, transmit,
reuse, download, repost, copy, or use said Content, whether in whole or in
part, for commercial purposes or for personal gain, without express advance
written permission from us.
You may use Service
only for lawful purposes and in accordance with Terms. You agree not to use
Service:
(a) In
any way that violates any applicable national or international law or
regulation.
(b) For
the purpose of exploiting, harming, or attempting to exploit or harm minors in
any way by exposing them to inappropriate content or otherwise.
(c) To
transmit, or procure the sending of, any advertising or promotional material,
including any “junk mail”, “chain letter,” “spam,” or any other similar
solicitation.
(d) To
impersonate or attempt to impersonate Company, a Company employee, another
user, or any other person or entity.
(e) In
any way that infringes upon the rights of others, or in any way is illegal,
threatening, fraudulent, or harmful, or in connection with any unlawful,
illegal, fraudulent, or harmful purpose or activity.
(f) To
engage in any other conduct that restricts or inhibits anyone’s use or enjoyment
of Service, or which, as determined by us, may harm or offend Company or users
of Service or expose them to liability.
Additionally, you agree not to:
(a) Use
Service in any manner that could disable, overburden, damage, or impair Service
or interfere with any other party’s use of Service, including their ability to
engage in real time activities through Service.
(b) Use
any robot, spider, or other automatic device, process, or means to access
Service for any purpose, including monitoring or copying any of the material on
Service.
(c) Use
any manual process to monitor or copy any of the material on Service or for any
other unauthorized purpose without our prior written consent.
(d) Use
any device, software, or routine that interferes with the proper working of
Service.
(e) Introduce
any viruses, trojan horses, worms, logic bombs, or other material which is
malicious or technologically harmful.
(f) Attempt
to gain unauthorized access to, interfere with, damage, or disrupt any parts of
Service, the server on which Service is stored, or any server, computer, or
database connected to Service.
(g) Attack
Service via a denial-of-service attack or a distributed denial-of-service
attack.
(h) Take
any action that may damage or falsify Company rating.
(i) Otherwise
attempt to interfere with the proper working of Service.
11. Analytics
We
may use third-party Service Providers to monitor and analyse the use of our
Service.
Google Analytics
Google Analytics
is a web analytics service offered by Google that tracks and reports website
traffic. Google uses the data collected to track and monitor the use of our
Service. This data is shared with other Google services. Google may use the
collected data to contextualise and personalise the ads of its own advertising
network.
For more
information on the privacy practices of Google, please visit the Google Privacy
Terms web page: https://policies.google.com/privacy?hl=en
We also
encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Firebase
Firebase is
analytics service provided by Google LLC.
You may opt-out of certain Firebase features through
your mobile device settings, such as your device advertising settings or by
following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en
For more information on what type of information
Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
12. No Use By Certain Minors And Adults
Service is intended only for
access and use by individuals at least fourteen years old. You must not be prohibited
from receiving any aspect of our Service under applicable laws or engaging in
payments related Services if you are on an applicable denied party listing. We
must not have previously disabled your account for violation of law or any of
our policies. You must not be a convicted sex offender.
13. Accounts
When you create an
account with us, you guarantee that you are above the age of fourteen, and that
the information you provide us is accurate, complete, and current at all times.
Inaccurate, incomplete, or obsolete information may result in the immediate
termination of your account on Service.
You are responsible
for maintaining the confidentiality of your account and password, including but
not limited to the restriction of access to your computer and/or account. You
agree to accept responsibility for any and all activities or actions that occur
under your account and/or password, whether your password is with our Service
or a third-party service. You must notify us immediately upon becoming aware of
any breach of security or unauthorized use of your account.
You may not use as a
username the name of another person or entity or that is not lawfully available
for use, a name or trademark that is subject to any rights of another person or
entity other than you, without appropriate authorization. You may not use as a
username any name that is offensive, vulgar or obscene.
We reserve the right
to refuse service, terminate accounts, remove or edit content, or cancel orders
in our sole discretion.
14. Intellectual Property
Service and its
original content (excluding Content provided by users), features and functionality
are and will remain the exclusive property of Retrica,
Inc. and its licensors. Service is protected by copyright, trademark, and
other laws of the United States and foreign countries. Our trademarks and
trade dress may not be used in connection with any product or service without
the prior written consent of Retrica, Inc..
15. Error Reporting and Feedback
You may provide
us either directly at contact@retrica.co or via third party sites and
tools with information and feedback concerning errors, suggestions for
improvements, ideas, problems, complaints, and other matters related to our
Service (“Feedback”). You
acknowledge and agree that: (i) you shall not retain,
acquire or assert any intellectual property right or other right, title or
interest in or to the Feedback; (ii) Company may have development ideas similar
to the Feedback; (iii) Feedback does not contain confidential information or
proprietary information from you or any third party; and (iv) Company is not
under any obligation of confidentiality with respect to the Feedback. In the
event the transfer of the ownership to the Feedback is not possible due to
applicable mandatory laws, you grant Company and its affiliates an exclusive,
transferable, irrevocable, free-of-charge, sub-licensable, unlimited and
perpetual right to use (including copy, modify, create derivative works,
publish, distribute and commercialize) Feedback in any manner and for any
purpose.
The third-party sites
and tools mentioned above include the following:
Firebase Crashlytics
Firebase Crashlytics
is bug reporting service provided by Google LLC.
You may opt-out of certain Firebase features through
your mobile device settings, such as your device advertising settings or by
following the instructions provided by Google in their Privacy Policy:
https://policies.google.com/privacy?hl=en
For more information on what type of information
Firebase collects, please visit the Google Privacy Terms web page:
https://policies.google.com/privacy?hl=en
16. Links To
Other Web Sites
Our Service may
contain links to third party web sites or services that are not owned or
controlled by Retrica, Inc.
Retrica,
Inc. has no control over, and assumes no responsibility for the content,
privacy policies, or practices of any third-party web sites or services. We do
not warrant the offerings of any of these entities/individuals or their
websites.
YOU ACKNOWLEDGE AND
AGREE THAT Retrica, Inc. SHALL
NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS
CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON
ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD
PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE
YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD
PARTY WEB SITES OR SERVICES THAT YOU VISIT.
17. Disclaimer Of Warranty
THESE SERVICES ARE
PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED
THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT,
AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR
ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR
AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY
NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES,
THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE
ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR
ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS.
COMPANY 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 PARTICULAR PURPOSE.
THE FOREGOING DOES
NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE
LAW.
18. Limitation Of Liability
EXCEPT AS PROHIBITED
BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND
EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY,
WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION
OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR
PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY
VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR
REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE
PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR
SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE
DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU.
19. Termination
We may terminate or
suspend your account and bar access to Service immediately, without prior
notice or liability, under our sole discretion, for any reason whatsoever and
without limitation, including but not limited to a breach of Terms.
If you wish to
terminate your account, you may simply discontinue using Service.
All provisions of
Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
20. Governing Law And
Resolution
These Terms shall be
governed and construed in accordance with the laws of the Republic of
Korea without regard to its conflict of law provisions.
Our failure to
enforce any right or provision of these Terms will not be considered a waiver
of those rights. If any provision of these Terms is held to be invalid or
unenforceable by a court, the remaining provisions of these Terms will remain
in effect. These Terms constitute the entire agreement between us regarding our
Service and supersede and replace any prior agreements we might have had
between us regarding Service.
All disputes which
may arise between the parties, in relation to this contract, shall be finally
settled by arbitration in Seoul, Korea in accordance with the Expedited
Procedures in International Arbitration Rules of the Korean Commercial
Arbitration Board and under the laws of the Republic of Korea.
21. Changes To
Service
We reserve the right
to withdraw or amend our Service, and any service or material we provide via
Service, in our sole discretion without notice. We will not be liable if for
any reason all or any part of Service is unavailable at any time or for any
period. From time to time, we may restrict access to some parts of Service, or
the entire Service, to users, including registered users.
22. Amendments To
Terms
We may amend Terms at
any time by posting the amended terms on this site. It is your responsibility
to review these Terms periodically.
Your continued use of
the Platform following the posting of revised Terms means that you accept and
agree to the changes. You are expected to check this page frequently
so you are aware of any changes, as they are binding on you.
By continuing to
access or use our Service after any revisions become effective, you agree to be
bound by the revised terms. If you do not agree to the new terms, you are no
longer authorized to use Service.
23. Waiver And Severability
No waiver by Company of any
term or condition set forth in 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 Company to assert a right or provision under Terms shall not
constitute a waiver of such right or provision.
If any provision of 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 Terms will
continue in full force and effect.
BY USING SERVICE OR OTHER
SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF
SERVICE AND AGREE TO BE BOUND BY THEM.
25. Contact Us
Please send your feedback,
comments, requests for technical support:
By email:
contact@retrica.co.