Verba | Terms of use

This End-User License Agreement («EULA») constitutes an agreement between you and Monicreque (herein referred to as the «Owner») with regard to the Verba application for Mobile Phones (herein referred to as «Software Product» or «Software»). By installing the Software, you are agreeing to be bound by the terms of this license agreement. Your use of the Software (as specified below) is subject to the terms and conditions set forth in this EULA. If you do not accept the terms of this EULA, do not install or use the Software.

License

The Software is licensed, not sold. The Owner grants you a non-exclusive, non-transferable, non sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use on a single device. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.

Restrictions of use

Unless the Owner has authorized you to distribute the Software, you shall not make or distribute copies of the Software or transfer the Software from one device to another. You shall not decompile, reverse engineer, disassemble, include in other software, translate the Software or use the Software for any commercial purposes. You shall not modify, alter, change or otherwise make any modification to the Software or create derivative works based upon the Software. You shall not rent, lease, resell, sub-license, assign, distribute or otherwise transfer the Software or this license. Any attempt to do so shall be void and of no effect.

Copyright

You acknowledge that no title to the intellectual property in the Software is transferred to you. You further acknowledge that title and full ownership rights to the Software will remain the exclusive property of the Owner, and you will not acquire any rights to the Software. You shall not remove or obscure the Owner’s copyright, trademark or other proprietary notices from any of the materials contained in this package or downloaded together with the Software.

Warranty

The Software is provided «AS IS», without warranty of any kind. We disclaim and make no express or implied warranties and specifically disclaim the warranties of merchantability, fitness for a particular purpose and non-infringement of third-party rights. The entire risk as to the quality and performance of the Software is with you. We do not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be error-free.

Limitation of liability

In no event will the Owner be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the Software, including but not limited to damages to property, loss of goodwill, computer or mobile device malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the Software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not the Owner has been advised of the possibility of such damages. Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applied solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction. In no event shall the Owner’s liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Software.

Privacy

You can find the Privacy Policy in the Software application. It is recommended that you read it entirely.

Indemnity

You agree to indemnify, defend and hold the Owner harmless from and against any and all damages, losses, and expenses arising directly or indirectly from: (1) your acts and omissions to act in using the Software pursuant to the terms of this EULA; or (2) your breach of this EULA.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes we may make to our privacy policy in the future will be posted here. You should check this from time to time and be aware of any changes.

Purchases

You may access the Software by downloading it through the Google Play store at no cost. The Software may include the option to purchase in-app products to enhance the user experience and enable additional features. Purchases are carried out via a one-time payment managed by the Google Play’s billing system under the Google’s payment policy that is applicable for your country.

Purchased products are registered into your Google Play’s user account, and the bonus features you achieve inside the app (e.g. lives, etc.) are locally stored into the mobile device you use to make the purchase. In case of device loss, theft, renewal or any other issue that implies installing the Software in a different device, the Owner will never be obliged to restore any purchased product or bonus feature into a new device. Also, if you are planning to acquire a new mobile device and you want to install the Software into it, make sure to use all the bonus features and products which are available in your old device before moving to the new one, as they will not be available in your new installation.

In-app products are intended to provide additional features beyond the standard dynamics of the Software. If you don’t want to acquire any products inside the app, you can still use the Software under its normal operation.