User Agreement

1. Terms Used in the End User License Agreement

Author/Copyright Holder shall mean EUFORIA DIGITAL, LLC.
Software Product shall mean the Euforia mobile application for iOS and Android, as well as the following website: https://euforia.digital.
Administrator shall mean a person duly authorized by the Author/Copyright Holder to perform the technical management of the Software Product and to provide Products to Users as part of the Software Product use by the latter.
Services shall mean a set of programs for computers, smartphones, and tablets; and databases that ensure the operation of the Software Product, as well as a set of Products provided to Users during the use of the Software Product.
User shall mean any individual over 12 years of age who has completed the registration procedure described herein and uses the Software Product.
Publications shall mean any graphic content (articles, videos, illustrations, and meditations), scenes, individual text materials, and audio files/audio content published for all the Users of the Software Product by the Euforia administrator for informational purposes.
Accounting Time shall mean all the dates specified when using the Software Product and the Services; the Accounting Time shall be recorded according to Kyiv time.
Privacy Policy shall mean detailed conditions for the work of the Author/Copyright Holder and/or the Administrator with confidential information as published on the Website. The current version of the Privacy Rules is posted on the Website at https://euforia.digital/info/privacy.
Copyright Notice shall mean legally binding information provided to the User and/or third parties about the existence, features, and protection of copyrights for publications in the Software Product. The current version of the Copyright Notice is posted on the Website at https://euforia.digital/info/copyright.

2. General Provisions

This End User License Agreement (EULA) shall regulate the procedure for the use of the Software Product, the conditions for the provision of products by the Author/Copyright Holder, and the procedure for the use of Publications, as well as the relationship arising from the use of the Software Product and the Services by Users.

The Author/Copyright Holder shall not guarantee user availability of the Services on an around-the-clock (24/7) basis. The Author/Copyright Holder shall have the right to refuse the use of the Software Product to any User at any time in case of violation of the EULA, as well as for other reasons related to the Author/Copyright Holder’s inner convictions.

The Author/Copyright Holder shall grant Users a personal non-exclusive and non-transferable right to use the Software Product in accordance with this EULA, provided that the User or any other persons assisted by the User do not perform the following actions unless approved by the Author/Copyright Holder:

It should be noted that regardless of the information provided, Users shall also independently evaluate the legality of their use of the Software Product, including from the point of view of the current legislation of Ukraine, without violating anyone’s rights nor expecting legal action and/or claims from anyone.

In addition to this EULA, the procedure, features, and conditions for the provision of products by the Services shall be determined by the following documents:

Administrator’s activities on the collection, storage, and systematization of information, the formation of the Database, as well as the legal relationship between the Author/Copyright Holder and the User with a view to providing access to the Software Product Database, shall be carried out in accordance with the current legislation of Ukraine.

The current legislation of Ukraine does not classify the information posted in the Software Product Database as information requiring restricted access or prohibited for distribution.

3. Registration

Registration is a one-time process of consent to and acceptance of this EULA upon the first interaction with the Software Product by a person who wants to become an Euforia Mobile App User and has reached 12 years of age.

PLEASE CAREFULLY READ THE TEXT OF THIS END-USER LICENSE AGREEMENT AND ANNEXES HERETO DURING REGISTRATION. IF YOU DO NOT AGREE WITH ANY TERMS OF THE AGREEMENT AND/OR THE ANNEXES, YOU MUST REFUSE TO USE THE SOFTWARE PRODUCT.

For the entire period of using the Software Product, the User shall be deemed to have unconditionally agreed to and accepted the EULA, which is tantamount to concluding a civil-law contract on the terms and conditions set forth herein.

The Software Product shall store and use non-personal data about persons who have registered as Users.

4. User’s Rights and Obligations

The Software Product User shall have the right to:

5. User’s Liability

All the Users shall be held solely liable for their actions/inaction when using the Software Product. Each User shall guarantee that his or her use of the Software Product will be carried out so as not to violate the rights of third parties and the Author/Copyright Holder. Users shall guarantee that only they will have access to the materials posted in the Software Product without the right to any distribution. Users shall undertake to comply with this EULA.

Should a User violate this EULA, the Administrator shall have the right to refuse such User’s access to the Software Product and the Services and to notify the Author/Copyright Holder in order to hold the infringer liable for illegal actions.

6. Purchases Made within the Software Product

The Software Product may contain subscriptions and in-app purchases. The User may, at their discretion, make purchases of additional features within the Software Product. Depending on the type of purchase, the User may unlock exclusive Publications, open new functions, or receive other benefits. Each purchase within the Software Product describes its specific features, cost, terms, and conditions. For more detailed information, please refer to: https://euforia.digital/info/subscriptions.

Users can manage and cancel their subscriptions in the App Store or Google Play account settings.

The mobile application "Euforia" for iOS uses the official method of payment Apple In-App Purchase. The mobile application "Euforia" uses the official Google Play Billing System method for Android. More detailed information about the rules of in-app purchases, canceling subscriptions, refunds, and other issues related to in-app purchases is available in the respective sections on the official Apple website: https://support.apple.com/billing and on the official Google website: https://support.google.com/googleplay/?#topic=3364264. 

7. Advertising

As the Software Product and/or the Services may contain advertisements, the Software Product and/or the Services may display various advertisements, promotions, and offers. By using the Software Product and/or the Services, the User consents to the Administrator’s right to place such advertising materials in the Software Product and the Services. The method, tonality, content, and scale of displaying such advertisements and promotions may change without notice to the User at the Administrator’s discretion, subject to the Author’s consent.

8. Special Provisions

The Author/Copyright Holder shall not guarantee that the software of the Software Product and/or the Services is error-free, nor will it function on an around-the-clock (24/7) basis without interruptions.

The Author/Copyright Holder shall not be held liable for losses or other damage incurred by the User due to the actions of third parties.

The Author/Copyright Holder shall reserve the right to remove any information or materials he deems to be/have become unacceptable, undesirable, or violating this EULA from the used servers.

The Author/Copyright Holder shall not control the information, products, and goods located on or offered via the Internet. As a result, the User accepts the provision whereby all products, information, and products offered or available through the Software Product and/or the Services or on the Internet (except for those expressly indicated as being provided directly by the Author/Copyright Holder) are provided by third parties who are in no way associated with the Author/Copyright Holder.

The Author/Copyright Holder shall not be held liable for any costs or damages directly or indirectly arising from using the Software Product and/or the Services by the User/third parties.

9. EULA Commencement and Amendment Procedure

This User Agreement and all changes herein shall come into force upon publication in the Software Product. The EULA may be amended at any time.

The User shall undertake to get acquainted with the current version of the EULA before each use of the Software Product, the Services, and/or the Products of the Author/Copyright Holder. Should a User not agree with the amended User Agreement, such User shall be obligated to refuse to use the Software Product.

The User who continues to use the Software Product, the Services, and/or the Products of the Author/Copyright Holder agrees to the current changes.

10. Applicable Law

All relationships between the Author/Copyright Holder and Users shall be regulated by this EULA, including annexes hereto and the current legislation of Ukraine. In case of violation of the current legislation of Ukraine, the User shall independently and solely bear full administrative, criminal, and civil liability.