These Terms and Conditions, together with the Privacy Policy, govern your use of each of our mobile applications (‘Application’) and related services provided by The Binary Gardener (‘Company’, ’we’, ‘us’ or ‘our’).
By downloading and accessing the Application you confirm and affirm that you have read, understood and agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Application.
The Application and its original content, features and functionality are and will remain the exclusive property of the Company, and they are protected by copyright, trademark, trade-dress and any other applicable national or international intellectual property laws. Any copying, republication or redistribution of the Application or any of its content is strictly prohibited.
If you send creative ideas, suggestions, proposals, or other materials (collectively, ‘Feedback’) to us, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Although the majority of your data is stored locally on the device, we will maintain certain data that you transmit to the Application for the purpose of managing the performance of the Application, as well as data relating to your use of this Application. You are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Application. You agree that we shall have no liability to you for any loss of corruption of any such data.
In no event shall the Company, our directors, employees, affiliates, agents, contractors, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to, lost profits, lost revenue, loss of data, or any similar damages, arising from your use of the Application, even if we have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The Application and all of its content is provided on an "AS IS" and "AS AVAILABLE” basis and with all faults and defects without warranty of any kind. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
You agree to indemnify, defend and hold us harmless, including our directors, employees, affiliates, agents, contractors, service providers and licensors, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions as they apply to you at any time by ceasing to use the Application. We may terminate these Terms and Conditions at any time immediately and without notice, and accordingly deny or suspend your access to the Application, for any reason in its sole discretion, including without limitation if You breach these Terms and Conditions.
We reserve the right, at our sole discretion, to amend these Terms and Conditions at any time. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Your continued use of the Application constitutes your agreement to the amended and updated Terms and Conditions.
If you have any questions about these Terms and Conditions, you can contact us by email at binarygdr@gmail.com.