GiveAway TERMS OF USE (effective as of June 01, 2022)

 

1. Parties

 

1.1. These terms of use (hereinafter – Agreement) is a legally binding and valid License Agreement (hereinafter – the Agreement)that, in addition to our Privacy Policy (https://giveaway.mobi/info/privacy) and Service Rules (https://giveaway.mobi/info/rules), governs the use of the service (hereinafter - the service), as provided via the mobile application under the title “GiveAway” (hereinafter – the App) available in the Google Play, Huawei AppGallery and Apple Store (hereinafter – the stores). For the avoidance of doubt, the provisions of this Agreement also apply to the provision of service through the web interface.

1.2. The service is provided by GiveAway Global, Inc. (hereinafter – Company or we). 

1.3. The Agreement regulates the relationship between you and Company and does not establish any third-party beneficiary rights.

1.4. By using the service, you agree to this Agreement.

 

2. App

 

2.1. App provides a way, that allows you to accept and give away (in strictly limited cases, buy or sell) services, goods and items (used or new) or interact with business users (discounts, coupons, promotions, sweepstakes), including through the auction mechanism. The service is intended to provide general informational content about the goods, items and services represented. It collects user entered and otherwise provided data related to the goods and items that can be picked up or services provided with (in strictly limited cases) or without any charge. 

A description of the current (applicable) auction mechanics used in the Аpp can be found here https://giveaway.mobi/info/howitworks. If, as a result of the auction, any payments are due to the user (author) from the side of the winner or directly from the Company and only in case of successful completion of the auction, such payments are subject to transfer within 30 (thirty) calendar days of the month following the current one. The order and form of transfer is regulated by the mechanics of each specific auction and clause 2.7 of the present Agreement.

 

The results of the auction do not give rise to legal consequences of a binding nature. They are just a tool to realize the ultimate goal of the service. The competitive principle inherent in auction mechanics between users is the core function. The issues of organizing a meeting for the purpose of goods or items delivery are issues that are solely at the discretion of the initiator of the auction and the winner of the auction.

2.2. By using the service, you agree to use the service for the intended information and communication purposes only.

2.3. The App belongs to the free category, however, the Company provides the ability to expand functionality by (if applicable):

2.3.1. Purchase of internal currency in the corresponding store;;

2.3.2. Purchase a renewable subscription from the applicable store. Wherein: 

(1) The subscription provides full access to all the functions of the App, may provide for periodic crediting of internal currency, as well as blocking ads (except for native advertising of partners);

(2) The trial period is 3 (three) days (subject to change);

(3) The price and type of subscription package is determined (published) in each specific app store and is valid at the time of purchase;

(4) Subscription automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period;

(5) The user's account will be charged for renewal within twenty-four (24) hours prior to the end of the current period;

(6) Subscriptions can be managed by the user and auto-renewal can be turned off by going to the user's account settings after purchase;

(7) Refunds, if the user decides to cancel the subscription after payment has been made, are made only for active subscriptions. Expired subscriptions cannot be refunded. At the same time, if less than 48 (forty eight) hours have passed since the purchase of the subscription, the subscription cost is refunded by using the refund mechanism provided by the corresponding store. Cancellation of the purchase of a subscription with a subsequent refund after 48 (forty eight) hours from the date of purchase (the right to refuse) is also possible. The term for such refusal is limited to 14 (fourteen) calendar days. To exercise your right to opt out, you must inform us, send an email or email: GiveAway Global, Inc., registered under the laws of the USA under registration number 61-1954179 (TIN / EIN), with registered office at: 8 The Green, Suite # 11812, Dover, DE 19901, email: support@giveaway.mobi. The letter must contain an unambiguous refund request.

2.4. Refunds initiated by the user in relation to the purchase of internal currency in the store (purchase cancellation) are possible within 48 (forty-eight) hours from the moment of purchase, provided that internal currency has not been consumed / not used since the moment of purchase (you did not use it for any transactions). Refunds of the purchase price are made using the refund mechanism provided by the respective store. In this case, you lose the right to withdraw after 48 (forty-eight) hours have passed from the date of the purchase, since such a purchase implies the supply of digital content that is not provided on a tangible medium, and the supply of digital content began with your prior and explicit consent. Based on the foregoing, you understand that by purchasing internal currency, you agree that we provide you with this kind of digital content as soon as we accept your order and you will lose your right to opt-out as soon as the digital content is fully available to you.

2.5. The prices for the subscription service quoted in the App or in-App purchases are gross prices in USD and include all applicable taxes. 

2.6. Our service may also provide the user with the opportunity to purchase the right to receive paid services or internal currency or a subscription using: (1) purchase functionality, which is accessed through the user profile on the Web platform (via the web interface) located at https://giveaway.mobi/ (as opposed to access through a mobile application), (2) in some cases, determined at the discretion of the persons administering the service, access to the purchase functionality can be provided by the user support by generating and providing an individual direct link to the payment page.

Internal currency coins, subscription or paid services is considered acquired by the user from the moment the service receives confirmation of the transfer of funds by the user to the service. After replenishing the balance, the user has the right to spend the purchased internal currency by means and methods offered by the service (including in the mobile application). Internal currency coins balance is tied to one specific user profile and cannot be transferred or tied to another user's profile. If the user deletes his profile, the balance of the unused local currency will be canceled and cannot be exchanged for cash.

When purchasing internal currency, subscriptions and / or paid services by the methods specified in part 1 of this clause, the legal relationship associated with the purchase, and any resulting user rights or other rights arise directly from the Company as a party to the transaction and without taking into account the intermediation of any the application store, and the recipient of the funds is the Company itself. The service used for processing payments is Stripe (https://stripe.com/). If the user decides to cancel the subscription (only active subscriptions), the purchase of internal currency (if the credited internal currency has not been consumed / has not been used since the purchase for the purpose of carrying out any transactions) or the purchase of other paid services (if the provision of such services provided), refunds, after the payment which is made by the methods specified in part 1 of this clause, it is carried out by sending us a request (by mail or using e-mail): GiveAway Global, Inc., registered under the laws of the USA under registration number 61 -1954179 (TIN / EIN), with registered office at: 8 The Green, Suite # 11812, Dover, DE 19901, email: support@giveaway.mobi. The letter must contain an unambiguous refund request. The term for sending a request to refund a purchase is limited to 14 (fourteen) calendar days. Refunds are made within 10 (ten) calendar days from the receipt of the request.

2.7. Please note that due to technical limitations, we cannot guarantee that payments made by you using a particular payment method will be reimbursed to you using the same payment method. You agree that we may reimburse such payments using other common payment methods, such as wire transferring money to your bank account.

2.8. If the user account is blocked due to committing of systematic violations of this Agreement, Service Rules or Privacy Policy, no refund is provided for the purchased internal currency or subscription.

2.9. From time to time and without prior notice to you, we may change, expand and improve the App. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

 

3. Security and Data protection.

 

3.1. We take your privacy and data protection very seriously. We share and/or analyze your personal information only in the limited scenarios and for the limited purposes as explained in our Privacy Policy.

3.2. By using the service, you agree to the collection and use of personal information in accordance with our privacy and security policy.

3.3. We respect the rights of other people, and expect you to do the same when using the service:

(1) You will not post content or take any action on the service that infringes or violates anyone else’s rights or otherwise violates the applicable law;

(2) You will only publish or download content if you are the legal owner of this content or you have a license to use it;

(3) You will not use the materials (including similar materials), which are the part of our intellectual property (only with our prior written permission);

(4) You will not post anyone else's private identification information (ID’s, passports, etc.) or confidential financial information on the service.

 

4. License and content

 

4.1. Subject to the terms in our Privacy Policy with respect to personal information, you grant Company a non-exclusive, perpetual, irrevocable, worldwide, sub-licensable, royalty-free license, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, and otherwise use your anonymous personal information and information relating to you using the App in order to help us make the service more useful and to assist you with inquires and to carry out anonymous market research including, but not limited to, scientific research carried out by third parties who may wish to study anonymous data collected by our App and companies wishing to market products and/or services to users, but only to the extent that marketing is done without disclosure of a your personally identifiable information.

4.2. We grant you a personal, worldwide, revocable, non-transferable and non-exclusive license to access and use the App for personal and non-commercial purposes in accordance with the terms of this Agreement.

4.3. All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. 

4.4. The App enables you to input personal notes and log certain information into the App. You retain all rights to such content that you post, share or log in the App. Content shall also include your comments and reviews that you leave about the App or otherwise make available in the respective stores. By providing your content to the App, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your content in connection with providing and operating the App and for the Company’s promotional purposes, subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to company with the terms described in this Agreement. You agree not to post, upload, publish, submit, store or transmit content (if applicable) that: (i) infringes, misappropriates or violates any third party’s copyright, trademark, patent, trade secret or other intellectual property rights, or rights of publicity or privacy; (ii) is violent or threatening or promotes violence or actions that are threatening to any person or entity (iii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil, administrative or criminal liability; (iv) is fraudulent, false, misleading or deceptive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is defamatory, harmful to minors, obscene, pornographic, vulgar or offensive; or (vii) promotes illegal or harmful activities or substances. You further agree not to engage in any activity that interferes with or disrupts the App operation.

4.5. The Company does not directly monitor or control content uploaded, published or otherwise made available through the App. The Company disclaims any liability, direct or indirect, arising out of content uploaded, published or otherwise made available through the App. However, the Company reserves the right to review content prior to submission to the App or after and to remove any such content for any reason, at any time, without prior notice, at our sole discretion, including due to complaints from users sending such complaints by using the functionality of the App or using the feedback form. The Company undertakes to disable, delete or hide any content that violates this Agreement or applicable law.

4.6. You understand and agree that:

(1) we may remove any content or information that you post or upload to the service if we believe that it violates this Agreement or respective legislation;

(2) If we delete your materials for violation of intellectual property rights, and you believe that we deleted such materials by mistake, we will provide you with the opportunity to appeal it;

(3) If you violate our rules of conduct, the intellectual property rights of others or any other provisions of this Agreement, we will block your account, if appropriate;

(4) If we delete or disable your account, you will not create another account without our permission;

(5) You can report any activity, any other users who violate applicable law and / or this Agreement. We will act on objectionable content reports within 24 hours by removing the content and ejecting the user who provided the offending content.

 

5. Acknowledgements and Limitation of liability.

 

5.1. It is important to understand that we (including our employees) do NOT give away or accept any goods or items, except for those cases when it is expressly provided by means of special indication. The information provided (if any) is general information (a couple tips) to help individuals organize the process of giving away and accepting goods and items through the service using the auction mechanism. 

5.2. We do not assume any guarantee or specific liability as to the service and with regard to the purpose of your use. 

5.3. Product descriptions shall not be deemed guaranteed unless separately agreed in writing. We do not warrant that the service can be used to achieve particular interests. Rather, the service shall only represent a tool.

5.4. In no event shall the company, its officers, directors, agents, affiliates, employees, advertisers, or data providers be liable for any indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of this App. In no event will the company’s total liability arising out of or in connection with these terms or from the use of or inability to use the App exceed the amounts you have paid to the Company for use of the App. 

5.5. You acknowledge that:

(a) as general rule it is prohibited to sell or buy any goods through the service (App), except for those cases when it is expressly allowed and provided by the functionality of the App;

(b) the information contained in our App is general information only;

(c) the use of our service is at your own risk;

(d) there is no guarantee that by using our service you will achieve the desired result;

(e) your access and use of the App are at your own risk. While information submission is processed securely, the internet is generally not secure and material passing over it may be intercepted, altered or corrupted in storage or transit;

(f) the service is provided on an ‘as is’ basis and we exclude all implied conditions, warranties, guarantees and representations of any kind;

(g) we exclude and you release us from all liability to you for loss or damage of any kind (however caused or arising, including by negligence) arising from or in any way connected with App;

(h) we do not promise that our service free from errors;

(i) we do not promise that our service will operate without interruption.

(j) we do not provide the recommendations of any kind.

5.6. The App may give you access to links to third-party websites, apps, or other products or services. The Company does not control such third-party services in any manner and, accordingly, does not assume any liability associated with such third-party services. You need to take appropriate steps to determine whether accessing a third-party service is appropriate, and to protect your personal information and privacy in using any such third-party services.

5.7. We are not obligated to monitor access or use of the App; however, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. 

5.8. You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement.

5.9. You understand and agree, that the Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.

5.10. You understand and agree, that you are further responsible for all activities exercised on your account.

 

6. Term and termination

 

6.1. You may stop using the service at any time. We are also entitled to disable the service or to modify the functionalities, in our sole discretion. We will delete all of your personal information when you delete your account.

6.2. You and Company are bound for the term as stipulated in the respective purchase of the subscription service (if applicable) and/or in-app purchases service subject to your rights in relation to the respective store, if any, and the mutual right of termination for cause.

6.3. We shall, at our sole determination and discretion, and without further notice to you, suspend or terminate your use of the service and/or your account, and/or delete your user content, if you are not complying with this Agreement or use the service in any other way that could disrupt or falsify the service.

 

7. Miscellaneous.

 

7.1. ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE FORMATION, PERFORMANCE, BREACH, TERMINATION OR INVALIDITY THEREOF, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE.

THE PARTIES FURTHER AGREE THAT IN THE EVENT OF ANY LEGAL OR EQUITABLE ACTION INVOLVING THESE AGREEMENT, THE KENT COUNTY SUPERIOR COURT & KENT COUNTY COURT OF CHANCERY SHALL HAVE EXCLUSIVE JURISDICTION TO HEAR SUCH ACTION AND SHALL HAVE JURISDICTION OVER THE PARTIES.

7.2. The Agreement, along with Privacy Policy, is the entire Agreement between you and Company with respect to the App and they replace any prior arrangement relating to the App.

7.3. Please note that the Agreement may be amended from time to time and we will notify you by revising the “last updated” date at the top of the Agreement and by providing you with an additional notice by postings on the App or by any other means. 

7.4. Your continued use of the service without informing us about your objection to a change or changes to the Agreement after the set period of time for objection shall constitute your acceptance of the change(s). 

7.5. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. 

7.6. Upon termination, all provisions of this Agreement, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.

 

8. Information about the Company.

 

GiveAway Global, Inc., registered under the laws of the USA under registration number 61-1954179 (TIN/EIN), with registered office at: 8 The Green, Suite # 11812, Dover, DE 19901.