Last updated on Feb 26, 2024.
These terms of use (“Terms”) set out the relationship between you and Jan Talas (“Us” or “We”) regarding your use of MysteryHike (“App”).
By downloading and using the App, you agree to these terms. Please read these Terms and should you not understand or accept them, please do not use the App.
You can access these Terms at any time at mysteryhike.com. We reserve the right, at our sole discretion, to change, modify, add or remove portions of our these Terms by posting the amended terms at our website. Your continued use of our Services confirms your acceptance of the updated terms.
Subject to these Terms, we grant you a non-exclusive, non-transferrable, non-sublicensable, limited right to use our App for your own personal, non-commercial, entertainment purposes. You agree not to use our App for any other purpose. The rights granted to you are subject to your full compliance with these Terms.
You will not receive any other license and we retain all right, title and interest in and to the App. This means we own at all times all copyright, trade marks, code, software and any and all rights in, or derived from, the App. The App must not be copied, reproduced or distributed in any manner or any medium without our prior written consent, which will be granted or withheld in our sole discretion.
The licence ends on the earlier of your disposal of the App or our termination of the licence in accordance with these Terms.
You will not:
You agree that all Intellectual Property relating to our App is owned by or licenced by us. Our Services are being licensed to you and you understand that no title or ownership in our Services is being transferred or assigned and these Terms are not a sale of any rights in our App.
The App enables you to create an account or otherwise log in. Where you do so you must take reasonable steps to protect your log in details and keep them secret. You are responsible for all activities performed using your account whether the access is authorised by you or not. We will assume anyone using your account has your permission to do so.
We have the right to withdraw or modify the App (in whole or in part) at any time for any reason. For the avoidance of doubt, you understand that we have the right to alter the App at our sole discretion.
You understand that:
Third party services may be used when you purchase, install or update the App, including Apple iOS App Store and Google Play Store and when you use the App, including but not limited to Google Analytics and Google Firebase.
These third party services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider. We are not liable for the activities of any such third parties.
We reserve the right to limit, suspend, terminate, modify or delete your account or your access to our Services or portions of the App if you, or we suspect that you fail to comply with any of these Terms, or our Privacy Policy or for any actual or suspected illegal or improper use of the App, with or without notice to you.
If we terminate your account you must not access any other accounts, or create any further Accounts.
You understand that if you delete your account, or if we delete your account in accordance with these Terms, you may lose access to any data previously associated with your account.
You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these Terms by you.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY CLAIMS OR LOSSES ARISING DIRECTLY OR INDIRECTLY FROM:
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE. YOU UNDERSTAND THAT OUR SERVICES CANNOT BE GUARANTEED TO BE ERROR FREE AND THE EXISTENCE OF ANY ERRORS WILL NOT BE A BREACH OF THESE TERMS.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN THESE TERMS, AND TO THE FULL EXTENT PERMITTED BY LAW:
IF YOU PURCHASED OUR SERVICES FROM THE IOS APP STORE, IN THE EVENT OF ANY FAILURE OF OUR SERVICES TO CONFORM TO ANY APPLICABLE WARRANTY, YOU MAY NOTIFY APPLE, AND APPLE WILL REFUND THE PURCHASE PRICE TO YOU. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO OUR SERVICES, AND ANY OTHER CLAIMS, LOSSES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE DEALT WITH BY US IN ACCORDANCE WITH THESE TERMS.
Unfortunately, no data transmission over the internet can be guaranteed as totally secure. While we strive to protect such information, we cannot guarantee the security of any information you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. However, once we receive your transmission, we will take reasonable steps to preserve the security of it.
You must take your own precautions to ensure your access to the App does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your Devices. We do not accept responsibility for any interference or damage to your devices which arises in connection with your use of our App.
We will collect, process, use and share your personal information in accordance with our Privacy Notice, as set out in these Terms and as you otherwise consent.
By using the App, you agree to these Terms and acknowledge that your agreement is a precondition to your use of the App
Any personal information that we collect may also be subject to the policy of any social network that you may agree to link our Services to. If you use our Services and you agree to allow them to interact with a social network you are giving us permission to use any information which that social network shares with us that will allow us to personally identify you. If you do not agree to these practices you should not allow our Services to interact with your social network.
We may use cookies, or similar technologies to store certain types of information each time you use the App. They may for example be used to help us recognize your device and to ensure that your account is accessed by the person that inputs the correct username and password for that account.
If you have any questions about these Terms or our Services you may contact us at superdevs(@)mysteryhike.com
The Company and any of the Company’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Program.
Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
If your use of material provided under this Program results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. The Company’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which we are obliged to pay you in the twelve (12) month period immediately prior to the period giving rise to such Claim.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration. Arbitration under this agreement shall be conducted under the rules then prevailing of the Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
All notices given by you to us must be given to Jan Talas at [email protected]. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
