APP SOFTWARE TERMS OF USE FOR SKADI APPLICATION
Effective date 11.07.2017

PLEASE READ THESE APP SOFTWARE TERMS OF USE CAREFULLY BEFORE USING THE SKADI APPLICATION. YOU USE SKADI APPLICATION AT YOUR OWN RISK.

BY USING THIS SKADI APPLICATION, YOU ARE AGREEING TO BE BOUND BY THIS DOCUMENT. THIS DOCUMENT INCLUDE, IN PARTICULAR, OUR PRIVACY POLICY AT www.skadi.guide/privacypolicy. IF YOU DO NOT AGREE TO THE TERMS OF USE, DO NOT INSTALL AND/OR USE THE SKADI APPLICATION.

The SKADI application, and any documentation, interfaces, content, fonts and any data accompanying this document whether in read only memory, on any other media or in any other granted access, to you (End-user or you) by UAB Mobile Angels (We or us) for use only under the terms of this document. UAB Mobile Angels and/or UAB Mobile Angels licensors retain ownership of the SKADI application itself, its data, received information, and reserve all rights not expressly granted to you. In order to download this SKADI application, please read carefully our Terms of use and other documents applied by any app store provider or operator from whose site you downloaded the SKADI App.

Operating system requirements: This App requires a smartphone or tablet device, internet access and the iOS or Android operating system using iOS 5.x or Android 3.0.

The Internet connection required to get all updates about current situation on the mountain, and any associated charges (e.g. mobile data expenses) incurred by your use of the Service are your exclusive responsibility and made solely at your expense. Transmitting and receiving real-time updates to and from the Service, requires an online (e.g. Wi-Fi, 3G, 4G) connection between your cellular device and the Internet. The expenses of such connection are as prescribed by the agreement between you and your communication service provider (such as your cellular company), and according to its applicable terms of payment.

Please print a copy of this License agreement for future reference.

1. DEFINITIONS

1.1. APP – SKADI application helping skiers and snow riders.

1.2. APPSTORE – Any provider or operator from whose site you can download the SKADI App.

1.3. DEVICES – An object or machine that has been invented for a particular purpose, in this case, in order to use App.

1.4. TERMS OF USE – These terms of use with all future amendments and supplements.

1.5. UAB MOBILE ANGELS – Limited liability company, established and operating according to the laws of the Republic of Lithuania, registered address: Vaidilutes g. 79, Vilnius, LT – 10100, Lithuania, phone number +3706 366 7355, email info@mobangels.com.

1.6. SERVICES – All services provided by UAB Mobile Angels through the App.

1.7. THIRD-PARTY – Any party, which is not a UAB Mobile Angels and not a customer.

2. GENERAL

2.1. These terms of use apply to the App and any of the Services accessible through the App, to the extend how it is not regulated by separate general terms and conditions, including any updates or supplements to the App or any Service. If any open-source software is included in the App or any Service, the terms of an open-source license may override some of the terms of this document.

2.2. We may change these terms at any time. We shall publish new terms on the www.skadi.guide and we may notify you on a change of terms when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services. The customer shall visit www.skadi.guide before use the App. The customer has to accept and agree with terms before use the App. If the customer uses App this shall be recognized as acceptance of the Terms of App. Terms are available on the following link: www.skadi.guide.

2.3. From time to time updates to the App may be issued through the App store. Depending of the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.

2.4. You will be assumed to have obtained permission from the owners of the Devices that are controlled, but not owned, by you and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this document for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.

2.5. Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.

3. GRANT AND SCOPE OF LICENSE

3.1. In consideration of you agreeing to abide by the terms of this document, we grant you a limited, non-transferable, non-exclusive license to use the App on the Devices, subject to these terms, the Privacy policy and the App store rules, incorporated into this document by reference. We reserve all other rights.

3.2. You may download or stream a copy of the App onto Device and to view, use and display the App on the Devices for your personal purposes only.

4. LICENSE RESTRICTIONS

4.1. Except as expressly set out in this document, you agree:

(a) Not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

(b) Not to rent, lease, lend, sell, redistribute, sub-license, loan, translate, merge, adapt, vary or modify the App;

(c) Not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

(d) Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;

(e) To keep all copies of the App secure on Device and to maintain accurate and up-to-date records of the number and locations of all copies of the App;

(f) Not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us;

(g) You may not distribute or make the App available over a network where it could be used by multiple Devices at the same time;

4.2. You agree to use the App and the Services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the App and Services. You shall check possibility to use App and Device according to the territory's legislation where they a planned to be used. You do waive any possible negative effect to UAB MOBILE ANGELS connected to any Your liability concern use App or Device or way of their use by You in accordance with current legislation of the territory where You use them. You shall be personally liable for all restriction and penalties of applicable legislation on using App or Device.

5. ACCEPTABLE USE RESTRICTIONS

5.1. The customer shall not:

(a) use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this document, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;

(b) infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by this document);

(c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

(d) use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

(e) Collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

5.2. You understand that by using any of the Services through App, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to download App and use the Services at your sole risk and therefore we shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.

6. INTELLECTUAL PROPERTY RIGHTS

6.1. You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use each of them in accordance with the terms of this License agreement.

6.2. You acknowledge that you have no right to access the App in source-code form.

7. NO WARRANTY OR SUPPORT

7.1. You expressly acknowledge and agree that use of the App and any Services provided are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.

7.2. To the maximum extent permitted by applicable law, the App and Services are provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App, Services, either express, implied or statutory, including, but not limited to any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the App, that the functions contained in the App or Services will meet your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty. Should the App or Services prove defective, you assume the entire cost of all necessary servicing, repair or correction.

7.3. Your further acknowledge that the App and Services are not intended suitable for use in situations or environments where the failure or time delays or, errors or inaccuracies in the content, data or information provided by, the App or Services could lead to death, personal injury, or severe physical or environmental damage, including without limitation the operation on nuclear facilities, aircraft navigation or communication systems, air traffic control, life support or weapons systems.

7.4. No oral or written information or advice given by us shall create a warranty. Should App or Services prove defective, you assume the entire cost of all necessary servicing, repair or corrections. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable laws rights of a consumer, so the above exclusion and limitations may not apply to you in your country.

7.5. You accept that you are solely responsible for understanding the conditions and navigating and assessing the dangers of using any chosen ski-path (whether on-piste or off-piste) by you following or non-following App information. You accept that skiing requires a special level of skills, health, attention, coordination, fitness and experience and that you must ensure you are able to ski safely and that you have appropriate equipment and supplies.

7.6. The information provided by the Service is not intended to replace the information provided on the ski-path, such as direction signs, time based restrictions, lane restrictions, ski-path blockades, instructions of mountain guides, etc.

7.7. The information provided by the Service originates from other users of the Service is intrinsically fluctuant and may be inaccurate, incomplete or outdated. We do not provide any warranties to such information's credibility or reliability.

7.8. We strongly recommend that you are accompanied by a qualified and experienced mountain guide while using the App. You acknowledge that your choice to ski on any particular slope or along any particular route is solely your decision and is undertaken at your own risk. A mountain is a highly dangerous and dynamic environment and requires you to check all possible conditions (personal, weather, geographical, pressure, environmental and all other reasonable conditions) while on the mountain.

7.9. The App is not a safety device and it cannot be relied upon as a navigation safety tool or to give precise locations.

7.10. We are not responsible for customer death or personal injury during using Services or App, because we do not have possibility to influence and control the using of Services process, customer`s personal skills, staff, weather conditions, environment (incl. slope) conditions, etc.

8. LIMITATION OF LIABILITY

8.1. You acknowledge that the App has not been developed to meet your individual requirements, and it is therefore your responsibility to ensure that the facilities and functions of the App as described meet your requirements.

8.2. We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

8.3. Our maximum aggregate liability under or in connection with this document (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited by the paid amount by the customer.

9. TERMINATION

9.1. We may terminate this document immediately without any separate notice:

(a) If you commit a material or persistent breach of this document which you fail to remedy (if remediable);

(b) If you breach any of this document restrictions or the acceptable use restrictions;

9.2. On termination for any reason:

(a) all rights granted to you under this document agreement shall cease;

(b) you must immediately cease all activities authorized by this document;

(c) You must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents (if any) then in your possession, custody or control.



10. COMMUNICATION BETWEEN US

10.1. If you wish to contact us in writing, you can send e-mail at info@mobangels.com. We will confirm receipt of this by contacting you by e-mail.

11. EVENTS OUTSIDE OUR CONTROL

11.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this document that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks.

12. OTHER IMPORTANT TERMS

12.1. We may transfer our rights and obligations under these Terms of use to another organization, but this will not affect your rights or our obligations under this document.

12.2. You are not able to transfer your rights or obligations under these Terms of use.

12.3. If we fail to insist that you perform any of your obligations under these Terms of use, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

12.4. Each of the conditions of these Terms of use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

12.5. This document is governed by and construed in accordance with the laws of the Republic of Lithuania.

12.6. These Terms of use constitutes the entire agreement between you and UAB Mobile Angels relating to the use of the SKADI App and supersedes all prior or contemporaneous understandings regarding such subject matter. Any translation of this document is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this document shall govern, to the extent not prohibited by local law in your jurisdiction.

12.7. Any disputes and claims arising from or related to these Terms of use shall be resolved during 30 (thirty) days by negotiation of the parties. If the parties fail to resolve such dispute or claim, it shall be finally resolved in Lithuanian Arbitration Court according internal rules of this arbitration institution.