Effective Date (last updated): December 2024
ACCEPTANCE OF TERMS
We, Boh Technologies SRL, a company incorporated under the laws of the Italy, registered address: Corso di Porta Vittoria, 29, 20121, Milan, Italy, VAT number: IT12003350969 (hereinafter referred to as “We”, “Company” and “Magic Drawings 3D”), have prepared this Privacy Policy (the “Policy”) to show how responsibly and seriously we treat the privacy of information, including personal data, of our applications users and visitors of magicdrawings.boh-tech.com (the “website”).
These Terms of Use apply to all visitors, users and others who access or use the Services (as they are described below).
Boh Technologies SRL (“Company,” “we,” “us,” “our”) provides its Services to you subject to your agreement with these Terms of Use (“ToU”). This document describes in details your rights and our rights relating to the provision of our Services, so please review the ToU carefully.
We may update this ToU from time to time by posting a new version on our website. We will notify you about significant modifications where it is possible and necessary via email provided by you, however please be advised that we are not obliged to do so. Such modifications shall be effective upon our posting of the revised ToU on our website. It is therefore important that you review these ToU regularly to ensure you are updated as to any changes. Your continued use of the Services after any such update constitutes your binding acceptance of such changes. If you do not agree to be bound by this ToU, you should discontinue all use of the Services immediately.
Please see also our Privacy Policy, our Cookies Policy, which are not part of this agreement.
DESCRIPTION OF SERVICES
We offer our users the opportunity to register for email updates, access to content, browse, use our apps via our website or download them on your device, share notes and similar material as part of our apps and enjoy other rich content on our website (collectively, the “Services”). Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to this ToU.
To use our Services, you will need a device that meets certain system and compatibility requirements. Apps available on or through our website may have additional system requirements. Please note that Services may only be available for certain operating systems (such as iOS, Android). You may only use Services (including download and use the apps) on a device running validly licensed copies of the operating systems on which Services were designed to operate. To be able to access and/or use the Services, or any portion thereof, you must legally obtain all the applicable or required facilities, utilities, software and equipment at his/her sole risk and expense.
The availability of apps and features may vary between countries and not all of them may be available in your country.
Unless we have agreed a particular level of service with you, we make absolutely no promises about the quality or existence of any of our Services. Please read the sections below and our general exclusion of liability.
The Company has the right to use the services of any natural and legal persons, in order to provide timely and high-quality Services. At the same time the Company makes every effort to control the quality of the Services provided.
Some of our activities are carried out on web platforms provided by third parties. For example App Store (https://www.apple.com/app-store/) or Google Play (https://play.google.com/store). If you make use of any Service where that is the case, you are responsible for complying with any terms of service of the third party platform.
PRIVACY POLICY
Your Registration Data, as well as information that you may provide at other times during your use of the Services, is subject to our Privacy Policy. Please check it out for more information about data we use and how we use it.
PAYMENT AND BILLING
We may allow you to download, view or use our apps or other Services free of charge. And some of our Services may be available for a fee (whether by way of in-app purchases or by way of subscription fees), as further described on our application detail pages. Additional restrictions may apply to access to and use of certain free Services. Pricing and availability of all Services provided by us are subject to change at any time prior to purchase.
All fees are based on Services purchased, regardless of actual usage. Please note that we do not provide price protection or refunds for existing subscribers in the event of a price drop or promotional offering for new subscribers.
You must either use a credit card or other payment method accepted by us (e.g., Credit Card, Apple’s iTunes App Store, Google Play, PayPal) to activate and maintain your paid-for Services.
By providing a payment method, you expressly authorize us to charge the applicable fees through the payment method that you use when registering for an Account. You will also be responsible for charges for any products or services that you order that are offered for sale through the Services.
You may terminate a paid-for Services at any time by giving us notice of termination. Any payment you have already made to us will not be repayable, but we will continue to supply the Services — unless you ask us otherwise — until the next payment date.
We may suspend a paid-for Services if we reasonably believe:
It is necessary for us to do so in order to prevent any unlawful activity;
You have breached this agreement in a sufficiently serious way to justify suspending the service in order to prevent that breach;
You have failed to pay us any sum of money you owe.
If we do suspend a service for any of the above reasons, we will take all reasonable steps to inform you promptly of what we have done and we will lift the suspension as soon as we are satisfied that the reason for the suspension no longer applies.
USER CONDUCT
By using the Services, it is your responsibility to know, understand and abide by our rules of use. These rules are not meant to be exhaustive, and we reserve the right to determine what types of conduct it considers to be inappropriate use of the Service and to take such measures as it sees fit. We reserves the right to add to or amend this list of rules at any time.
You agree that you will not use the Services to:
Violation of our rules may result in the canceling of your account.
INDEMNITY
You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, employees, agents, co-branders and other partners, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, any transaction resulting from use of the Service, your connection to the Service, your violation of these Terms, and/or your violation of any rights of another.
TERMINATION
You agree that we may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Services. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the ToU or other agreements or guidelines, (b) requests by law enforcement or government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification of the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity.
Termination of your Account(s) may include (a) removal of access to all offerings within the Services, and (b) barring further use of the Services.
DEALINGS WITH ADVERTISERS AND OTHER USERS
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or through the Services, such as through banner ads or hyperlinks displayed on the Services, including payment for and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Services.
LINKS
The Services may provide links to other World Wide Web sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
OUR PROPRIETARY RIGHTS
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the website is owned, controlled or licensed by or to Boh Technologies SRL, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You acknowledge and agree that the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
ADVERTISEMENT
We may promote our apps through advertising platforms or direct deals. At the same time, we ensure that our ad creatives intended for kids undergo thorough human vetting review to ensure age appropriateness before it is displayed to users.
In case that ad creatives from third parties under direct deals are displayed in our apps, we also conduct a human review of these creatives to ensure compliance with the requirements for the kids category.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of the Services is at your sole risk. The Services are provided on an “AS IS” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. We assume no responsibility for the timeliness, deletion, mis-delivery or failure to provide any content.
Any content downloaded or otherwise obtained through the Services is downloaded and used at your sole discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download or use of any such content.
No advice or information, whether oral or written, obtained by you from us or through or from the Services shall create any warranty not expressly stated in the ToU.
LIMITATION ON LIABILITY
You understand and agree that we shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses (even if we had been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the services; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the service; or (iv) any other matter relating to the service. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the greater of one hundred u.s. dollars (usd 100) or the amount paid, if any, by you to us during the past six months for the services giving rise to the claim.
EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this ToU, there shall be no third party beneficiaries to this Agreement.
NOTICE
We may provide you with notices, including those regarding changes to the ToU, by email, regular mail, or postings on the Services; provided, however, that this Section places no requirements us not already expressly set forth herein.
TRADEMARK INFORMATION
Company’s and other names, logos and marks are the trademarks and service marks of Boh Technologies SRL or its Licensors or Affiliates (the “Company Marks”). You agree that you will not display the Company Marks, or use the Company Marks in any manner, without the prior written permission of the Company.
DISPUTES
Any dispute arising out of or related to the Services or the ToU will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the territory we base. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that the process may be served in a manner authorized by applicable law or court rule. Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction.
GENERAL INFORMATION
Entire Agreement. The ToU constitutes the entire agreement between you and us with respect to the Services and supersedes any prior agreements, oral or written, between you and us.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the ToU shall not constitute a waiver of such right or provision. If any provision of the ToU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the ToU remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services or the ToU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Section Titles. The section titles in the ToU are for convenience only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the ToU to andrea@boh-tech.com
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