TERMS OF USE

Last updated: August 23, 2024

These Terms of Use (“Terms”) is a legal agreement between you and OONA Trading Limited, a legal entity duly incorporated under the laws of Cyprus, with registered office at Kyriakou Matsi 3 & Anexartisias, ROUSSOS LIMASSOL TOWER, 4th floor, 3040, Limassol, Cyprus (“OONA Trading”, “we” or “us”).

These Terms govern your use of the Evoread mobile application (“App”), which represents the library of different books, primarily novels (“Books”).

By downloading, installing or otherwise using the App, you unconditionally agree to these Terms. For these reasons please read carefully these Terms and our Privacy Policy, which is incorporated herein by reference, before downloading, installing or otherwise using the App. If you do not agree to these Terms, please do not download, install or otherwise use the App.

  1. 1. CHANGES

    1. 1.1. We reserve the right, at our sole discretion, to change or modify these Terms at any time by placing the amended Terms in the App. If there is a material change, we may also provide additional notice within the App.

    2. 1.2. Unless we state otherwise, the changes are effective immediately upon their placing in the App.

    3. 1.3. Each time you use the App, the current version of the Terms applies. If you continue to use the App after the changes are posted, you confirm to us your agreement with the amended Terms.

    4. 1.4. IF YOU DO NOT AGREE WITH ANY CHANGES TO THE TERMS, YOU SHOULD NOT CONTINUE TO USE THE APP.

    5. 1.4. We also reserve the right to suspend, discontinue, enhance, update or otherwise modify the App operation or availability to you (or any of the App features, functionalities or content) at any time without providing any prior notice.

  2. 2. WHO MAY USE THE APP

    1. 2.1. You may use the App only if you satisfy the following requirements:

      1. 2.1.1. you are at least 17 years of age, and

      2. 2.1.2. you have a full legal capacity to enter into these Terms under the law of your home jurisdiction, and

      3. 2.1.3. you are not prohibited from using the App under the laws of your home jurisdiction, and

      4. 2.1.4. you are not listed in the sanction lists of prohibited or restricted individuals issued by any of the US, UK or EU government institutions; and you are not located in a country that is subject to the US, UK or EU embargo, or that has been designated by the US, UK or EU government institutions as a terrorist supporting or terrorist sponsoring country.

    2. 2.2. By installing, accessing or using the App you confirm that you fully satisfy the above stated requirements.

    3. 2.3. You agree not to permit the use of the App on your device by anyone who does not meet the eligibility requirements mentioned in clause 2.1 above.

  3. 3. USER ACCOUNT

    1. 3.1. You can freely access and use the App without creating any account (“Account”). However, in such a case, (i) you will not be able to synchronize your App progress and in-app purchases across your other devices; and (ii) if you reinstall the App, all the information related to your usage of the App (including in-app purchases) will be lost and cannot be recovered.

    2. 3.2. To create the Account all you need is to sign-in via your Apple ID (on iOS) or Google ID (on Android) (“Third-Party Tool”). We do not require any further actions or information from your side to create the Account. To sign-in via those Third-Party Tools, you may be required to provide details and select a password or to otherwise allow us to access your information through a Third-Party Tool. Please note that Third-Party Tools are governed by their own privacy policies, terms and end-user agreements and we are not responsible for, and have no control over, the business and privacy practices of such Third-Party Tools. Please review Third-Party Tools privacy policies, terms and end-user agreements before signing-in into the App via a Third-Party Tool.

    3. 3.3. Your Account is unique and personal to you, and you are responsible for maintaining the security of, and restricting access to, your Account, and you agree to accept responsibility for all purchases and other activities that occur via your Account, whether they are authorized by you or not.

    4. 3.4. You have the ability to delete your Account, and you should understand that upon deletion of your Account, you will permanently lose access to all of your in-app purchases, including all the credits you have purchased via your Account, as well the right to access the Books you have previously unlocked via the credits. To delete the Account all you need is to merely press the “Delete account” or the like button in the App settings section.

  4. 4. PAYMENT TERMS

    1. 4.1. Access to most of the Books require you to pay the fees. The fees may differ across jurisdictions. Unless the laws of particular jurisdiction require otherwise, all the fees are non-refundable.

    2. 4.2. All the payments of fees will run via your Apple or Google accounts respectively, using the payment method you provided in those accounts.

    3. 4.3. We propose two options for purchasing access to the Books:

      1. 4.3.1. Subscription (getting access to all or particular Books for a limited period of time (subscription period) or getting particular number of discounted credits within a subscription period), or

      2. 4.3.2. Consumable in-app purchases (purchasing credits enabling you to get access to the particular Books you like, 1 credit = 1 book).

    4. 4.4. If choosing a subscription option:

      1. 4.4.1. You will be periodically billed the amounts indicated to you at the time of your subscription, as may be updated from time to time by us, on a forward-going basis. If we change the subscription fee, we will inform you on this in advance, so that you are able to make the informed choice as to subscription renewal. You hereby authorize us to charge you on a going-forward basis and until cancellation of either the subscription plan or your Account (whichever occurs first). Your Account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period. The “Subscription Billing Date” is the day of the month when you sign up to your subscription plan.

      2. 4.4.2. Your subscription will automatically renew for a successive period, unless you cancel your subscription or delete the Account.

      3. 4.4.3. You may change or cancel your subscription plan at any time before the Subscription Billing Date (on Android) and not later than 24 hours before the end of the Subscription Billing Date (on iOS), in which case your current subscription will expire at the end of that subscription period. You must cancel your subscription within the specified time limits in order to avoid billing of the fee for the next subscription period.

      4. 4.4.4. You may change or cancel your subscription easily via the App settings by merely clicking “Cancel” on the subscription page or via the Account settings of the respective app store.

      5. 4.4.5. We may suspend or terminate your subscription, if the subscription fee which is due is unpaid.

    5. 4.5. We also may provide a free trial option to You to use the App (“Free Trial”). The Free Trial is available for a specified period defined in the App (“Trial Period”). Only new users are eligible for the Free Trial. You can cancel the Free Trial via Account settings any time before the Trial Period ends (on Android) and at least 24 hours before the Trial Period ends (on iOS). After the Trial Period ends, Your subscription will automatically renew based on the selected terms.

    6. 4.6. You acknowledge that when you delete your Account or request deletion of your data, you will not receive any refund or other compensation from us for the already purchased subscriptions or credits.

  5. 5. BOOKS CONTENT

    1. 5.1. The Books published in the App are the intellectual property of their respective authors.

    2. 5.2. We are under no obligation to edit or control the Books content, and will not be in any way responsible or liable for it. Despite we make some general review of the Books content, we cannot guarantee that it does not contain any harassing, abusive, harmful, libellous, discriminatory, profane, obscene, vulgar, indecent, offensive, false, misleading, deceptive, infringing, confidential, inaccurate or otherwise objectionable content (“Objectionable Content”). However, if you consider this to be the case, you may contact us and we will make a more thorough analysis of the Book content and determine in our sole discretion whether to remove the Book from the App or undertake any other actions in this respect.

    3. 5.3. We do not endorse any Book content or any opinion, recommendation, or advice expressed in any Book content. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to the Book content. We expressly disclaim any and all liability in connection with the Book content.

  6. 6. GENERAL PROHIBITIONS

    1. 6.1. You agree that you are responsible for your own conduct while using the App and for any consequences thereof.

    2. 6.2. You agree not to (including not to attempt to):

      1. 6.2.1. violate any applicable law, rule, or regulation while using the App (in particular, sales, export or import restrictions and regulations);

      2. 6.2.2. exchange the credits purchased via our App with anyone else for real money (traditional currency, any other open digital currency), goods, other items, or services of monetary value; unless expressly permitted via the App functionality, transfer the credits outside the App to any third party, for example by selling, gifting or trading them in the “real world” (any such transfer or attempted transfer is prohibited and void);

      3. 6.2.3. sell or otherwise transfer the rights granted under these Terms, including any right or ability to view, access, or use any Book;

      4. 6.2.4. upload and transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature within the App;

      5. 6.2.5. probe, scan, or test the vulnerability of the App system or network or breach any security or authentication measures implemented in the App;

      6. 6.2.6. avoid, bypass, remove, deactivate, impair, or otherwise circumvent any technological measures implemented to protect the App or the App Content;

      7. 6.2.7. impact the availability and proper operation of the App, including by means of denial of service (DOS) or distributed denial of service (DDoS) attacks;

      8. 6.2.8. take any actions which are in violation of, or are not directly permitted by, clause 7.4 of these Terms;

      9. 6.2.9. promote, or otherwise encourage, other individuals to perform any of the above mentioned acts.

    3. 6.3. Although we’re not obligated to monitor how you use the App, we have the right to do so to ensure proper operation of the App and your compliance with these Terms, applicable law and other legal requirements.

    4. 6.4. We reserve the right, upon our choice to suspend or disable your access and use of the App, if we, at our sole discretion, consider you are in violation of these Terms.

  7. 7. INTELLECTUAL PROPERTY. LICENSE

    1. 7.1. The App and all its in-app content (including but not limited to the Books, graphics, images, characters, titles, catch phrases, rules, logos, slogans, and other in-app data and materials) (“App Content”) are our property or the property of our licensors.

    2. 7.2. We may add, change, discontinue, remove, or suspend any Books or other App Content, temporarily or permanently, at any time, without notice, refunds or any liability to you. In particular, you confirm your understanding that we distribute the Books based on the license from their respective authors, and as a result the license to distribute the particular Book(s), that you have purchased, may expire or be revoked, invalidated, or the content of the Book may be considered inappropriate, infringing or otherwise objectionable under any applicable law or rules of applicable app stores. Such being the case we reserve the right to remove such a Book(s) from our library and you will lose access to it (them) without any refund to you.

    3. 7.3. You do not acquire any rights to the App or the App Content, except as expressly stated herein.

    4. 7.4. Subject to your compliance with these Terms, we grant you, solely for your personal, non-commercial use, a non-exclusive, personal, limited, revocable and non-transferable license to download and install a copy of the App on your device and to run such a copy of the App solely to use the App functionality (in particular, to read the Books). Any other use of the App and the App Content is strictly prohibited. In particular, you may not:

      1. 7.4.1 copy, modify, or create derivative works based on the App or the App Content;

      2. 7.4.2 copy, reproduce, distribute, publicly display, or publicly perform the Books, produce their translations or adaptations;

      3. 7.4.3 distribute, transfer, sublicense, sell, lease, lend, rent the App or the App Content to any third party, or otherwise use it with a commercial purpose;

      4. 7.4.4 access or use the App in order to build or support, and/or assist a third party in building or supporting, products or services competitive to ours;

      5. 7.4.5 decode, reverse engineer, decompile, or disassemble the App or the App Content; or

      6. 7.4.6 make the functionality of the App available to multiple users through any means;

      7. 7.4.7 remove or destroy any copyright notices or other proprietary markings contained in the App or the App Content;

      8. 7.4.8 bypass, modify, defeat or circumvent the Digital Rights Management solutions used for the protection of the App or the App Content.

    5. 7.5. You confirm your understanding that the App and the App Content can contain (incorporate) certain open source software, which use (also by you) is subject to the terms and conditions of the respective software license agreements accompanying such open source software.

    6. 7.6. By providing, publishing, or otherwise posting any suggestions, comments or feedback with respect to the use of the App (collectively, “Feedback”), in the App or elsewhere, you hereby assign to us all intellectual property rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner that we deem appropriate. We will treat any Feedback you provide as non-confidential and non-proprietary. To the extent permissible under applicable laws, you agree to waive any moral rights you may have in the Feedback. You represent and warrant that you shall not provide us with the Feedback that infringes third party’s rights.

  8. 8. INDEMNITY

    1. 8.1. To the maximum extent permitted by the applicable law, you agree to defend, indemnify and hold us, our directors, officers, employees, consultants, agents, commissionaires or licensors harmless from any and all third party claims, suits, losses, liability, damages costs and/or expenses (including, but not limited to, attorneys’ fees and other legal expenses) arising from your use of the App.

    2. 8.2. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

  9. 9. DISCLAIMERS

    1. 9.1. THE APP AND THE APP CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. You use them at your sole risk and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by the applicable law, we, on behalf of ourselves and any of our affiliates, licensors, distributors, third party providers and owners of the online stores, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED to the implied warranties of fitness for a particular purpose, merchantability, title, quality, accuracy, quiet enjoyment and non-infringement of third party rights, and any implied warranties arising from course of dealing or performance. Without limitation, we make no warranty that the App and the App Content and the quality thereof will meet your requirements and expectations, that they will be uninterrupted, timely, correct, error-free, secure, that defects will be corrected or that the App is free of viruses or other harmful components.

    2. 9.2. To the maximum extent permitted by the applicable law, we disclaim all liability and responsibility for any kind of damage or losses arising from your use of the App, or due to any unauthorized access to the App, or due to any errors or omissions in the App or the App Content.

    3. 9.3. The transmission of information over wireless and wired networks is not inherently secure. We use many tools to help to protect your data against unauthorized access or disclosure, however, we may not guarantee that your data or communications will always remain private when using the App. You accept all responsibility for such security risks and any damage that may result therefrom. It is also your sole responsibility to use all reasonable and recommended measures (such as complex passwords, etc.) in order to secure your device from any unauthorized access.

  10. 10. LIMITATION OF LIABILITY

    1. 10.1. Under no circumstances will we or our directors, officers, employees, agents, commissionaires or licensors be liable for any loss or injury or any direct, indirect, incidental, special, reliance, consequential, exemplary or punitive damages, or any damages whatsoever (including, without limitation, damages for injury to person or property, for loss of business, revenue, profits, goodwill, business interruption, loss of business information, loss of privacy, failure to meet any duty or negligence) arising out of or in any way related to the use or inability to use the App, the App Content, breach of contract, unauthorised access, tort, including negligence, or any other action by any third party, even if we or our authorised representative have been advised of the possibility of such damages.

    2. 10.2. Notwithstanding anything to the contrary herein, if any part of this limitation of liability is found to be invalid or unenforceable for any reason, OUR TOTAL LIABILITY arising out of these Terms and/or your use of the App WILL NOT EXCEED 100 US DOLLARS.

    3. 10.3. You agree that the limitations of liability will apply even if any remedy specified in the Terms is found to have failed of its essential purpose.

  11. 11. TERM AND TERMINATION

    1. 11.1. You may cease use of the App at any time by simply uninstalling the App or deleting your Account (see clause 3.3 for more details).

    2. 11.2. We may, in our sole discretion, disable your access and use of the App at any time without notice, cause or penalty, and providing You with no reasoning thereof (for instance, in case you are violating the applicable law or these Terms). In such an event, you will lose the right (licence) to use the App and the App Content as permitted under these Terms. We are under no obligation to compensate you for any loss or damage of any kind that may arise in connection with such action.

    3. 11.3. All the provisions of these Terms with regard to privacy, disclaimers, limitations of liability, indemnification, governing law, severability, waiver of our rights and dispute resolution will survive the termination of these Terms.

  12. 12. DISPUTES RESOLUTION AND APPLICABLE LAW

    1. 12.1. If you have any concerns regarding the use of the App or these Terms, please refer them to legal@oona-trading.com. In most cases we will quickly solve them.

    2. 12.2. In the unlikely event that we cannot solve your concern within 30 (thirty) days, and you wish to bring legal action against us, then that dispute shall be settled by arbitration in accordance with the CEDRAC Arbitration Rules. You and OONA Trading further agree that:

      1. 12.2.1. The appointing authority shall be the CEDRAC Court in Cyprus.

      2. 12.2.2. The number of arbitrators shall be one.

      3. 12.2.3. The place of arbitration shall be Nicosia, Cyprus. The arbitration will be conducted by video conferencing or other suitable virtual electronic means and at mutually convenient times such that participation of the parties’ representatives outside of Cyprus may be allowed for.

      4. 12.2.4. The language to be used in the arbitral proceedings shall be English.

      5. 12.2.5. Each party shall bear its own expenses, but parties shall share equally in the expenses of the arbitration tribunal. The parties agree that all arbitration proceedings conducted pursuant to this section shall be kept strictly confidential, and all information disclosed in the course of such arbitration proceedings shall be used solely for the purpose of those proceedings.

    3. 12.3. This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of Cyprus (applicable law).

    4. 12.4. By accepting these Terms, you agree that both you and OONA Trading can only bring a claim against each other on an individual basis. To the maximum extent permitted by applicable law, NEITHER YOU NOR OONA TRADING SHALL be entitled to consolidate, join or coordinate disputes by or against other individuals or entities, or PARTICIPATE IN ANY COLLECTIVE OR CLASS ACTION OR LITIGATION. In connection with any dispute, any and all such rights are hereby expressly and unconditionally waived.

    5. 12.5. Both you and OONA Trading specifically WAIVE ANY RIGHT TO TRIAL BY JURY in any court in connection with any action or litigation. Any claims under these Terms shall proceed individually and neither you nor OONA Trading shall join in a class action or other proceeding with or on behalf of the others.

  13. 13. NOTICE TO APPLE DEVICE USERS

    1. 13.1. If you are using our App on an iOS device, the terms of this section 13 apply.

    2. 13.2. OONA Trading and You acknowledge acknowledge that:

      1. 13.2.1. these Terms are concluded between you and OONA Trading only, and not with Apple, and we, not Apple, are solely responsible for the App and the App Content.

      2. 13.2.2. the license granted to you hereunder is limited to a non-transferable license to use the App on any Mac Product(s) that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed, acquired, and used by other accounts associated with the purchaser via Family Sharing, volume purchasing, or Legacy Contacts.

      3. 13.2.3. OONA Trading is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms, or as required under applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

      4. 13.2.4. OONA Trading is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are sole responsibility of OONA Trading.

      5. 13.2.5. OONA Trading, not Apple, is responsible for addressing any claims of end-users or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

      6. 13.2.6. in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, OONA Trading, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

      7. 13.2.7. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

  14. 14. MISCELLANEOUS

    1. 14.1. The Terms (including the Privacy Policy) constitute the entire agreement between you and OONA Trading regarding the use of our Services and supersedes all prior understandings.

    2. 14.2. We can assign, novate, subcontract or otherwise transfer the Terms to a third party or an affiliate of OONA Trading if necessary for the support of our Services, as part of any reorganization, change of control, or for any other business reasons. You may not assign or transfer your rights or obligations under the Terms to anyone without first obtaining our written consent. Any attempt to assign without our consent is void.

    3. 14.3. The Terms govern the relationship between you and us and do not create any rights for anyone else. Notwithstanding the foregoing, in the event of a valid assignment or transfer, the Terms shall be binding on and inure to the benefit of the relevant party’s representatives, successors, and permitted assigns.

    4. 14.4. The Terms do not create a partnership, joint venture or similar relationship between the parties, and neither party will have the power to obligate the other party in any manner whatsoever.

    5. 14.5. The original and controlling version of these Terms shall be the English language version. All translations of these Terms into other languages shall be solely for convenience and shall not control the meaning or application of these Terms.

    6. 14.6. For information, support or questions, complaints or claims please contact us at contact@oona-trading.com.