These Terms of Service (“Terms”) are an agreement between you and Aucket L.L.C. (“Aucket”, “we”, “us” or “our”). They govern your use of our website at aucket.com and the mobile applications we publish (together, the “Services”). By using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Eligibility
You must be at least 13 years old, or the minimum age required where you live, to use the Services. If you are under the age of majority where you live, you may use the Services only with the involvement and consent of a parent or legal guardian.
License to use our apps
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable and revocable license to download and use our apps on devices you own or control, for your own non-commercial use, and as permitted by the usage rules of the app store you downloaded them from.
Purchases and subscriptions
Some features may require a one-time purchase or a subscription. All payments are processed by Apple or Google, and their terms apply to your purchase. Prices are shown in the app store before you buy.
- Subscriptions renew automatically at the end of each period unless you cancel at least 24 hours before the current period ends.
- You can manage or cancel a subscription in your App Store or Google Play account settings. Deleting the app does not cancel a subscription.
- If a free trial is offered, any unused part of it ends when you buy a subscription, where applicable.
- Refunds are handled by Apple or Google under their refund policies.
Acceptable use
You agree not to:
- use the Services in a way that breaks any law or infringes anyone’s rights;
- copy, modify, distribute, sell or rent any part of the Services, except as these Terms allow;
- reverse engineer or try to extract the source code of the Services, except where the law allows it;
- interfere with or disrupt the Services, or try to gain unauthorized access to them; or
- use the Services to send harmful, abusive or unlawful content.
Your content
If an app lets you enter or store content, you keep ownership of it. You give us permission to host and process that content only as needed to operate the Services for you. You are responsible for the content you enter.
Intellectual property
The Services, including their software, design, text, graphics and trademarks, are owned by Aucket L.L.C. or its licensors and are protected by law. These Terms do not give you any rights to them except the limited license above.
Feedback
If you send us ideas or suggestions, we may use them without any obligation to you.
Third-party services
The Services may link to or rely on services run by others. We are not responsible for those services, and your use of them is governed by their own terms.
No professional advice
Information provided through the Services is for general purposes only and is not professional, medical, legal or financial advice.
Disclaimers
To the fullest extent permitted by law, the Services are provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or free of harmful components.
Limitation of liability
To the fullest extent permitted by law, Aucket L.L.C. and its members, managers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, profits or revenue, arising out of or related to the Services or these Terms. Our total liability for any claim arising out of or related to the Services or these Terms will not exceed the greater of the amount you paid for the relevant app or subscription in the 12 months before the claim arose, or US$50.
Some places do not allow certain warranties to be excluded or liability to be limited. Nothing in these Terms excludes or limits any liability or consumer right that cannot be excluded or limited under the law that applies to you.
Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless Aucket L.L.C. and its members, managers, employees and agents from claims, losses and expenses, including reasonable legal fees, arising from your misuse of the Services or your breach of these Terms.
Suspension and termination
You may stop using the Services at any time. We may suspend or end your access to the Services if you break these Terms or if we need to for legal or security reasons. We may also change or discontinue any part of the Services. Sections that by their nature should survive termination will survive.
Governing law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws rules. Any dispute will be brought in the state or federal courts located in that state, unless the law where you live gives you the right to bring proceedings in your local courts. If you are a consumer, you also keep the protection of any mandatory provisions of the law of the country where you live.
Additional terms for Apple devices
If you downloaded an app from Apple’s App Store, you also agree that:
- these Terms are between you and Aucket L.L.C. only, not Apple, and Aucket, not Apple, is solely responsible for the app and its content;
- Apple has no obligation to provide any maintenance or support for the app;
- if the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app; to the maximum extent permitted by law, Apple has no other warranty obligation for the app;
- Aucket, not Apple, is responsible for addressing any claims relating to the app or your use of it, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and claims under consumer protection, privacy or similar laws;
- Aucket, not Apple, is responsible for the investigation, defense, settlement and discharge of any third-party claim that the app or your use of it infringes that party’s intellectual property rights;
- you represent that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties;
- you must comply with any applicable third-party terms when using the app; and
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
Additional terms for Google Play
If you downloaded an app from Google Play, these Terms are between you and Aucket L.L.C. only, not Google. Your use of Google Play is also subject to Google’s own terms.
General
These Terms, together with our Privacy Policy, are the entire agreement between you and Aucket about the Services. If any part of these Terms is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not transfer your rights under these Terms without our consent; we may transfer ours in connection with a merger, acquisition or sale of assets.
Changes to these Terms
We may update these Terms from time to time. When we do, we will change the “Last updated” date above. If you keep using the Services after the changes take effect, you accept the updated Terms.
Contact us
For questions about these Terms, contact Aucket L.L.C. by email at support@aucket.com or by mail at 30 N Gould St, STE R, Sheridan, WY 82801, USA.