Terms of Use

Valid as of March 1st, 2022

These Terms and Conditions (further referred as "Agreement") governs your access to and your use of the EdPic application (further referred as "App", "Application") and all the services within our Application. This legal binding Agreement is concluded between you (further referred as "you", "user", "your") and High Aspirations Limited, registered at (1ST FLOOR, 9 EXCHANGE PLACE, I.F.S.C.,DUBLIN 1, D01 X8H2, IRELAND), (further referred as: "we", "us", "our", "EdPic"). This Agreement constitutes your legal and binding agreement with us and shall replace any other legal agreements, whether written or oral. We kindly ask you to familiarize yourself with this Agreement before your use of our App. By ticking on the consent box, clicking on the "I Agree" button or simply using our App you give us your consent to be bound by this Agreement.

Eligibility

To be able to access our App and use our services you have to be at least 18 years old. If you are younger than 18 years of age, or younger than the age of the legal majority established at the place of you residence, depending on whichever is greater, you are prohibited to access and use our App. If you are younger than the age of 18 or younger than the age of the legal majority established at the place of you residence, depending on whichever is greater, you shall not access and/or use our App and cease your use of our App if you already accessed and started its use.

You may access and/or use our App only for your personal use, any use of our App on behalf of other person whether legal or natural shall constitute a breach of this Agreement.

Access to Our App

You reserve the right to access our Application in several ways - as a Free User; as a Paid User by purchasing one of our subscription packages.

In different parts of this Agreement, we will refer to Paid Users and Free Users. If a part of this Agreement is applicable to all types of users, we will simply refer as "you", "your" or "user". You understand and acknowledge that only Paid Users have the ability to use all features available on our App. If you use our App as a Free User, you have limited access to the features and functions of our App, which may result in restricted user experience.

Our License

Our licensors and/or we own all rights interest and title, as well as all intellectual property rights contained in App, including any trademarks, service marks, copyright, logos, Content, know-how contained in our App, unless there is any opposite statement in this Agreement.

If you fully comply with all provisions of this Agreement, we grant you non-exclusive, limited, revocable, non-transferable license that cannot be sublicensed, that give you the right to:

access our Application and use its features and functions;
install and use a copy of our Application on your Device.

Copies of our Application are licensed to you, not sold. You give us your consent to be in compliance with all technical restrictions established in our Application.

Terms Device and Content shall have the following definitions: "Device" – smartphone or tablet in your possession that you use to access our App. "Content" – any material such as videos, images, audio, text, photos, etc.

We reserve the right to provide you with so called "sample files" which may be an image or photo that can be used as a preset for you to have better understanding of features of our App or other trial purposes. You are prohibited to use such files for any purposes, except purposes, for which they are provided. It is prohibited to share or in any other way distribute sample files or their derivatives and you do not own and cannot claim any rights related to such files.

If you fully comply with all provisions of this Agreement, you reserve the right to use our Application for your personal non-commercial purposes. Any commercial use of our Application can be made only with our prior written consent. You shall bear sole responsibility for all actions exercised from your device(s) which contain our App.

If any trademarks of third parties contained in our Application, such trademarks are used for the sole purpose of description and reference to the particular, website, application or other product owned by the trademark holder. Our Application is not endorsed, sponsored or affiliated with any such third parties, unless there is opposite statement. All third-party trademarks are the property of their owners.

We reserve the right to provide you with custom presets that may be used with your Content. If you fully comply with all provisions of this Agreement and applicable laws and regulations we grant you revocable, non-exclusive, non-transferable, limited license that cannot be sublicensed, to use such custom presets in combination with your Content. You understand, accept and give your consent to that we do not issue any refunds and do not provide any support related to such custom presets. You shall bear sole responsibility for your downloading and saving of customer presets to your Devices. You understand, accept and give your consent to that we shall bear no responsibility for safekeeping and/or storing of the custom presets from that specific moment when you are able to download them.

You give us your consent that we are under no obligation to support any specific model, mark of cell phone, tablet, smartphone, handset or any other Device exciting now or developed in future.

You have to have an internet connectivity on your Device in order to use our App. We shall bear no liability or responsibility for any mobile internet, internet or phone service or any other expenses that you may have in relation to internet connection on your device.

We are under no obligation to support, update, upgrade, maintain any part of our services or the App itself. You understand and agree that we reserve the right to occasionally and in our sole discretion make upgrades and/or updates to our App and such upgrades and/or updates may be done automatically. You agree to such automatic upgrades, updates or changes on your Device, and give us your consent that this Agreement will be applicable to all such updates, upgrades and/or changes.

Services of Our App

We provide our services via our Application that grants you access and ability to redact your photos by using filters and other instrument available on out App. The Application is designed for the purpose of photos editing and making them more vivid, lively and colorful. You agree to use our App in strict abidance with applicable laws, this Agreement, and in accordance with its purpose.

Free Users

There is no fee for your access to our App if you access it as a Free User. However, we want to inform you that if you access our App as a Free User, only limited amount of our features and services will be available to you. If you wish to have full access to services and features of our Application, you have to purchase a subscription package and become a Paid User.

You can access our Application without any payment, but your access and use of services and features of our App will be limited. In order to access and be able to use full range of services and features of our App, you have to become a Paid User.

Paid Subscription

You may purchase certain services and features available on our Application.

If you purchase our paid subscription package, you will be able to use a full amount of tools for your photo editing.

All kinds of paid subscriptions may be purchased by you at any time. On our App you may purchase subscriptions with different terms, trials for 3 days or 1 week, and subscriptions for 1, or 12 months. Information about the term and price of your subscription can be found in the Subscription Terms page.

You will be solely responsible for all fees and costs related to your use of the chosen payment method (for example, transaction fees, interest, exchange rates or any other possible charges or fees applied by the provider of your chosen payment method).

During the process of making a purchase you will have an opportunity to choose the duration of subscription you would like to buy and be informed about the associated costs. We will keep your choices and click-through agreement to the duration, costs and this Agreement. We reserve the right and at any time and at our sole discretion offer free subscription for any term and to any user, whereas charging other users on our App at the same time. We also reserve the right at our sole discretion and at any time, to cancel a free trial package or subscription for every or any of our users.

Automatic Renewal

We apply an automatic renewal billing policy on our App. This means that your subscription will be subject to automatic renewal when the initial period of your subscription comes to an end.

After the renewal the term of your subscription will be extended same term as your initial subscription and your chosen payment method will be also automatically charged. For example, if your chosen payment method is a credit card, this card will be charged every time your subscription is renewed. Such payments will be charged only after the expiration of the term of your subscription and not before.

You have to provide us with relevant, correct and complete information about your billing account. You agree to immediately update any information in relation to your billing account (for example, billing address, card number, expiration date, etc.). If such information is changed or amended you will maintain your billing account information in complete, relevant and accurate state on a permanent basis. You agree to instantly notify us about cancellation of your chosen payment method (for example, if your credit card is stolen or lost), or if you discover any potential or actual breach of security (for example, unauthorized disclosure or use of your password data, etc.). You shall be solely responsible for the fees and charges accrued under your billing account if you fail to inform us about the abovementioned cases. In addition, you authorize us to obtain replacement or updated dates of expiration and card numbers for your bank cards provided by the issuer. For the purpose of reducing the risk of fraud we may ask our users to verify their billing account by charging their chosen payment method with a small fee that may vary from $0.5 to $5 (or the equivalent in your local currency). We ask you to check the balance of your billing account for you to know actual amount that was charged for verification purposes and confirm such transaction if needed. After the end of the verification procedure of your chosen payment method, you will be refunded with the charged verification amount during 3-5 days from the moment such charge took place.

Paid User Charges

In order to access and use all features and services of our Application, you have to buy a subscription. As a Paid User you expressly agree with our provision of services right after you made a payment.

We offer - trial packages for 1 week; subscription packages for 1 or 12 months.

Relevant prices applicable to subscription packages are listed on the payment page of Application at the point of making payment. We ask you to check all the data listed on the payment page with due care, before paying.

You acknowledge that all payments that you make via our Application may be processed by us or a third party that provides us with payment services under contract. Should we use payment processing services of such third party, we will specify information about such company on the appropriate payment page when you provide us with your payment details.

Please be informed that when you subscribe to our App, you will have to pay in compliance with our automatic renewal billing policy. This rule also applies to trial packages. According to this provision the term of your contract will be the same as the initial period of subscription that you selected while making a purchase, for example, 1 month, and it will be subject to automatic renewal every month until termination.

We reserve the right to change the conditions of subscription packages at any time. If any price changes to the subscription package you are already paying, we will notify you in accordance with the provisions of the "Price Change" section and provide you with the option to terminate your subscription if you do not agree with the changed price.

Price Change

We reserve the right to alter our subscription packages at any time, if such alterations apply, we will notify you about alteration of your subscription. We will notify you about such changes at least 7 days before the new price for subscription will be applicable. Such notification will be sent to you by email to the address you indicated in your Apple ID. You will be able to cancel your subscription if you do not agree with the changed price.

Disputes About Billing and Refunds

If you disagree with any charge made to your billing account, you give us your consent to contact us in order to resolve such dispute before sending notification to the provider of your chosen payment method (for example, credit card company, etc.).

You have to get in touch with us by phone or email, indicating the reason for dispute of the charge. This will let us evaluate your complaint in a quick, accurate and correct way and, where justified, refund your chosen payment method that you used, with the disputed amount as quickly as possible in order to avoid further inconvenience. Dispute has to be initiated within three months of the occurrence of the disputed transaction.

We would like to kindly inform you that if you used the App Store or iTunes Store to purchase paid services on our Application, in accordance with the provisions of Apple's developer policies, we shall not provide any refunds if you made any purchases on our Application in such way. We provide refunds only in cases with alleviating circumstances that in our opinion require a refund. These may be cases of improper work of our Application, for some reason. If such cases take place, we will provide a refund after precise investigation of each separate case. We will also focus our attention on complaints and comments of other users. We provide no representations or warranties related to your satisfaction with our App, and simple dissatisfaction with our

Application or deep regret shall not be recognized as basis for refund. No cash refunds are provided. We will refund your transaction to the same payment method that you used to make purchase. If we make a refund in relation to a recurring charge, only the latest payment will be refunded. Our provision of recurring service will be instantly terminated after we provide a refund in relation to such service. A refund for other non-recurring services will also result in immediate termination of our provision of such services to you.

If you wish to request a refund, please contact our customer service by using the information listed on the "Contact Us" area of our App which can be found at "Settings" section. After we provide a refund to you we reserve the right to add your information to the negative databases of our associated authorized billing agents and/or to provide such information to third party fraud prevention and protection agents.

Transfer of Your Data

In accordance with provisions of our Privacy Policy, in order to ensure a smooth transition of our Application to a third party (for example, in cases of merger or acquisition, reorganization, sale of any part of our assets or rebranding, etc.), your data can be one of the assets that will be transferred during such transaction. If such transaction occurs, we will inform you about how your data is being transferred, used, processed and handled. Such notice will be sent to you via electronic communication and/or posted on public parts of our Application. We assume that upon the end of such a transaction your subscription and automatic renewal billing will continue to function until the moment you cancel it in accordance with the provisions of the Terms of Use, Privacy Policy and other applicable documents established by the new owner or operator of the Application, unless such notifications contain direct statement that our services are terminated.

Data About You and Your Use of Our Services

We gather, keep, share and process your data following the provisions of our Privacy Policy. If you use our App, you give us your consent in relation to such gathering, storage and processing and you warrant and represent that all the information you provided to us is correct, relevant and accurate. You will be solely responsible for familiarizing yourself with the provisions of our Privacy Policy. If you continue to use our App, you provide us with your confirmation that you accept all the provisions listed in our Privacy Policy, which may be amended or altered from time to time, and you will be solely responsible for making reviews of our Privacy Policy on a regular basis for any changes that we may implement.

The EEA

When you download our App you agree to a wider use of your information, for example your data may be provided to third parties that provide us with their services, some of whom may reside or be placed outside the European Economic Area (EEA). Your personal information will be stored as confidential except cases when we are under obligation of applicable law to disclose such information or to act in accordance with the instructions of a regulatory body or official authority of the competent jurisdiction. If you wish to know more about storage and transfer of your information, please read our Privacy Policy.

Obligations and Warranties of the User

You agree that during your use of our App you shall not:

Modify, copy, adapt, reproduce, make any derivative works on the basis of our App, including, but without limitations to adding new functions or features or in any other way make any alteration and/or adaptations that may change the functioning of our App;
Sell, lease, rent, transfer, sublicense, distribute or in any other way assign any rights or any part of the App to any third party;
Publish, perform, display, transmit, distribute, broadcast or in any other way take advantage of our App;
Make features of the Application available to several users by any means, including, but without limitation to distribution of the Application, uploading App to any file-sharing service, app service provider;
Reverse engine, disassemble, decompile our App or any part of it, or provide any permission or authorization to any third party to do so;
Access or make any attempts to access our Application with the help of any means different from the interface we provide;
Authorize, allow or enable other persons to use instance of our App;
Make any attempts or efforts to disassemble, reverse engine, decompile, decipher any of the software contained in App, with exception to cases when such activities are exercised in accordance with applicable law and with EdPic prior written consent;
Disable, circumvent or in any other way interfere in security of our App or other features that aim to restrict and/or prevent unauthorized use or copying of our Content;
Delete or in any way change or alter any copyright, trademarks or other proprietary rights or notices and/or markings related to all the above mentioned rights that appear on the Content or other parts of our App;
Gather or store personal data of data subjects that may be obtained through our App, without written explicit consent of such data subjects or in breach of any applicable data protection laws;
Make any attempts or efforts to test or scan vulnerable parts of our network or system or impair, circumvent or breach any authentication or security measures of the App;
Use any content, as well as your Content in connection with the App that is obscene, unlawful, threating, harmful, defamatory, harassing or hateful or that invades privacy of any third party or contains objects or symbols of hate, contains nudity (without limitation to pornography or child pornography/erotica) incitement to illegal actions, vulgar, libelous, violent or vulgar or contains any hate speech or racial hatred or breeds hatred for any minorities;
Use our Application for commercial purposes without our prior written consent; Use our App in breach of this Agreement;
Impersonate other persons or use false identities;
Use any content, including your Content to our App, which you do not have the right to copy, display or transmit, or any content that may violate privacy, confidentiality or your fiduciary obligations in relation to this content, any content that violates any intellectual property rights of third parties, including, without limitation to trademarks, services marks, patents, trade secrets, copyright, know-how, right of publicity or moral rights or in any other way violates or endorses the violation of rights of any third party, the content that displays other individuals than you, without consent of each identifiable person to use his/her signature, voice, name, likeness or photo;
Transmit or upload any unauthorized or unrequested advertising, junk, spam email, promotional materials, spam or solicitation of any other form;
Encourage any other person, whether legal or natural to do any action form the above mentioned list or violate any provision of this Agreement.

When you access or use our Application you warrant and represent that:

you own or have permission/authorization to use any credit card or other payment method that you use to purchase paid subscription, and you provide with permission and authorize us and/or our third-party authorized agent(s) (who processes payments made via our App and provides us with their services on contractual basis) to charge payment method that you use in accordance with the conditions of your subscription package, which may be automatically renewed for the period you have chosen on your initial subscription until terminated;
you access our Application on your own free will and intention and for your personal pleasure;
legislation of the country where you reside/the country from which you access our App does not prohibit or restrict your use of our App;
you have never been found guilty of a criminal offense; you are in compliance and you will be in compliance with all applicable laws and regulations of the country from which you access our App;
all information that you provide to us is relevant, correct and truthful, and that if there are any changes related to such information you will immediately update it, so as not to mislead us.

Content You Provide

We are not the owners of your Content that you provide to our Application. We are not able to control your Content and we are not obliged to check or monitor your Content for any purpose. EdPics just performs technical functions that are necessary for you to be able to use features of our App. You can use our App and your Content only for purposes that are in compliance with applicable laws and provisions of this Agreement. You give us your consent to use our App in compliance with all applicable local, national, international, state laws, regulations, customs, ordinances.

You shall bear sole responsibility for maintaining, protecting and controlling your Content that you redact with the help of our App, or that is in any other way processed via our App. We have the right to restrict use of any Content related to our App, such restriction may be done without notice to you. You understand, accept and acknowledge that in our sole discretion we reserve the right to implement usage limits that will be applicable to your Content.

Restriction of Content

If we believe that your Content violates any applicable law or any provision of this Agreement, we reserve the right to stop providing, restrict all or part of features of our App or disable your use of our App if you violate any applicable law or any provision of this Agreement or if your actions impose or may impose any legal risks on us.

Your License

By your use of the features of EdPic you hereby grant us royalty-free, non-exclusive, worldwide, transferable, sub licensable license and right to adapt, use, reproduce, prepare, modify, create derivative works, display, distribute, publish, broadcast, transmit or in any other way use your Content.

Representations

By transmitting or in any other way using your Content in relation to our App you give us your representations and warranties that you have all necessary permissions and licenses to use your Content and all the rights necessary to grant licenses described in this Agreement. Also you give us your representations and warranties that neither your Content, nor provision of our services and features of our App in relation to your Content will violate, misappropriate or infringe any rights of third parties, including, without limitation to third party's moral rights, trade secrets, copyright, trademarks, know-how or any other intellectual property rights, rights of privacy, rights of publicity or becomes a consequence of breach of any applicable law or regulation, or breach of any contractual obligations between you and third party.

Communication

If you have any questions in relation to this Agreement or our Application or you wish to make a complaint, please get in touch by contacting us via app email.

If you get in touch with us by email you have to provide us with all data our support team needs in order to resolve your problem or answer your question and for us to be able to identify you as a legitimate user.

Our postal address: 1ST FLOOR, 9 EXCHANGE PLACE, I.F.S.C.,DUBLIN 1, D01 X8H2, IRELAND

We also have the right to get in touch with you for us to be sure that you are in compliance with provisions of this Agreement. You give us your consent to provide us with full cooperation if we suspect any fraudulent, illegal or improper activity.

Indemnification

You give your consent to indemnify us, our directors, agents, officers, employees, affiliates, partners from any claims, debts, losses, causes of action, costs, expenses (as well as reasonable legal fees) and liabilities connected or arising, expressly or implicitly out of:

any breach of any provision of this Agreement or any violation of third party rights;
violation of any applicable laws or regulations;
your access or use of our Application or any Content or services available on our App;
any claim related to damages caused to third parties by your actions or your Content.

We reserve the right, at our own expense, assume the exclusive control and defense of any case or other issue that would otherwise be subject to indemnification by you. You give your consent to co-operate with us if we decide to exercise this right.

Liability Limitation

In no case we shall bear responsibility for any direct, indirect, consequential, special or punitive damages or losses that result from or are related to, whether express or implied, to the use or the inability to use our App and its services, including, but without limitation to, loss of revenue or income, loss or corruption of data or software, loss of anticipated savings or loss of goodwill, even if we know or were informed of the possibility of occurrence of such losses. Our maximum aggregate liability to you in relation to this Agreement our App and your use of our services shall be limited to the sum of fees paid by you if you use paid services or $100 if you use our services as Free User. Limitations of liability described in this section shall be applicable to the fullest extent permitted by applicable law.

Disclaimer

We herein exclude, do not provide, make or grant any terms, warranties, representations and conditions of any kind, whether explicit or implicit, established by law or otherwise in relation to our App, our services and all information contained in them, including, but not limited to any implied warranties of non-infringement, satisfactory quality, fitness for a particular purpose or merchantability.

You assume all the risks connected with accuracy, effort, performance or satisfactory quality. We provide no representation and/or warranties that our Application and any Content placed on it will meet and/or satisfy any of your needs and/or requirements. We disclaim all warranties, whether explicit or implicit, established by law or otherwise (e.g., warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, completeness, reliability, security, title, quiet enjoyment, non-infringement, exclusivity, and warranties that your access to our App will be with no errors, will work continuously or that there will be no loss of Content). There are no warranties of any kind that go beyond the scope of this Agreement or that arise in relation to course of performance, course of dealing or usage of trade. Our App may contain outdated data, errors, omissions or inaccuracies. We provide no promises and/or guarantees in relation to any achievement or any specific results from your use of our App. We do not warrant that any information or statement displayed or distributed through our App is the one that you should rely on. We reserve the right to correct any mistakes, omissions or errors in any part of our Application.

We do not warrant that your use of our App will be without omissions, safe, continuous, always available or will satisfy any of your requirements, or that any errors, omissions, mistakes or defects on our App will be fixed. We disclaim any liability for and provide no representations, warranties, conditions or terms, in relation to availability and connectivity of our App. Functioning of our App is provided on an "as available" and "as is" basis. You will be solely responsible for making all necessary steps in order to ensure that you are able to access our App (for example, payments for internet/mobile internet access and any other payments related to your access of our App).

We are not responsible for any reduced functionality that may take place in relation to your access of our App via mobile internet services or any other similar services currently known or developed in future. We do not warrant or guaranty that any data provided on our App will be exhaustive, correct or useful.

Provisions of this section will be applicable to maximum extent permitted by law.

Changes

We may in our sole discretion, at any time and with or without notice to you:

make any modifications, changes or alteration to this Agreement. We kindly ask you to check this Agreement for changes from time to time;
update, modify, alter or discontinue our App or any part or feature of our App;
suspend, terminate or restrict your access to our App for any reason.

If you continue to use our App after any change, upgrade, update or alteration was made, such continued use shall be recognized as your acceptance of such changes, updates, upgrades or alterations. If you disagree with any change, alterations or modifications you have to immediately stop your use of our App.

Links to Websites/Apps of Third Parties

Links to third party websites/apps or advertisements of third parties may be placed on our App. You understand, accept and agree that we shall bear no liability or responsibility for the accuracy, correctness or availability of such links or advertisements and we do not provide any endorsement of such websites/apps or any services, content or products that are made available from such websites/apps. When you follow a link, click on the advertisement or in any other way engage with services, products, websites/apps of third parties, you do interact with such third party, not with EdPics and Terms of Use and Privacy Policy of such third party will be applicable to your interaction with their website/app, service or product. You accept, understand and acknowledge your sole responsibility and accept all the risks in relation to the websites/apps, products, services, advertisements or content of third parties and your interaction with them.

Feedback You Provide

If you decide to provide us with any comments, ideas, feedback, suggestions, thoughts or improvements in relation to our App, you grant us non-exclusive, irrevocable, transferable, free-of-charge right to use, change, distribute, modify or disclose such feedback, comments, ideas, suggestions, etc. for any commercial and non-commercial purposes for free and without any obligation of attribution. You also provide us with your warranties and representations that all your feedback, comments, etc., you provide to us are not subject to any licenses or other rights of third parties.

14-Day Cancellation (Only for UK Residents)

In accordance with the provisions of the United Kingdom Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, if you are a resident of UK, you may cancel the agreement that was created when you accepted this Agreement within 14 days from the date when your purchase of subscription was confirmed and you will receive a pro rata refund equal to the amount of unused services.

When you subscribe as a Paid User or upgrade your package and become a Paid User, you expressly agree to our provision of our services to you right after your payment is received by us. Any use of our App by you will proportionally reduce the amount of refund that you may receive, if you cancel within the first 14 days. "Use of our services/App" in relation to cancellation right described in this section shall mean: using tools and features available on our App.

You can get in touch with us by email to exercise this cancellation right. All contact information is listed in "Contact Us" area of our App.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Ireland. The laws of Ireland are applicable to any relations arising between EdPics and you. If any dispute or claim arises, it will be governed by the laws of Ireland.

If a conflict takes place between this English language version and any translated version(s) of this Agreement, the English version will prevail.

Term and Termination

This Agreement comes into effect from the moment when you accept it and you give your explicit consent to be bound by this Agreement and our Privacy Policy by ticking the consent box.

This Agreement shall be effective until it is terminated, whether by you or by us. We would like to kindly inform you that you have to terminate your subscription prior to the end of the subscription period, which you purchased, for you not to be charged for the renewal of such subscription. You reserve the right to alter or terminate your subscription at any time. If you wish to do so, follow the subscription cancellation procedure listed in the "Subscription Terms" section. Your use of our App may be terminated whether by you or by us for any reason and at any moment, by notifying the other party. We reserve the right to immediately suspend or terminate your access to our App or any part of our App for any reason and without notice.

If we suspend your access to our App due to any actual or potential violation of this Agreement, you agree that all payments made by you are final and all pending or outstanding payments will be paid instantly. After the termination, all licenses granted and rights to use our Application will immediately terminate.

Class Action Waiver

If any dispute takes place, neither you nor any other person shall have the right to become a part of, join or consolidate claims by or against other persons or affiliates, or arbitrate any claim or suit as a class action representative or as a general private attorney. You acknowledge that you withdraw your rights in relation to participation in any representative action or class action in relation to any such claim.

Privacy Policy

We kindly ask you to familiarize yourself with our Privacy Policy that can be found in the app. Our Privacy Policy provides you with explanation about how we gather, process, store and share your data. You provide us with consent to our Privacy Policy upon your first access to our App.

Force Majeure

We shall bear no responsibility for any failure to perform or delay in performance of our obligations because of any events (all together referred as "Force Majeure events") that are beyond our reasonable control, including but not limited to:

war (whether declared or not), hostilities, invasion, act of foreign enemies, extensive military mobilization;
civil war, riot, rebellion and revolution, military or usurped power, insurrection, act of terrorism, acts of civil disobedience, sabotage or piracy;
currency and trade restriction, embargo, sanction;
act of authority whether lawful or unlawful (including declaration of state of emergency, state of alarm, state of exception, martial law and similar situations), compliance with any law or governmental order, expropriation, seizure of works, requisition, nationalization, lockdowns, and/or government-ordered work and movement restrictions;
plague, epidemic, pandemic (including related general preventive quarantine, confinement, etc.), natural disaster or extreme natural event such as earthquakes, floods and similar situations;
explosion, fire, destruction of equipment, prolonged break-down of transport, telecommunication, information system or energy;
general labor disturbance such as boycott, strike and lock-out, go-slow, occupation of factories and premises.
extraordinary Internet congestion or extraordinary connectivity issues experienced by telecommunications providers and unrelated to our infrastructure or connectivity to the Internet, or failure at our co-location facility.

Assignment

You shall not assign this Agreement, any rights you have under this Agreement or delegate any obligations you have to fulfill hereunder without our prior written consent. Any assignment or delegation of rights made by you without our prior written consent shall be invalid. We reserve the right to assign this Agreement or any rights we have under this Agreement without your consent.

No Waiver

Our failure to exercise our rights or remedies under this Agreement or under applicable law or delays in exercising such rights or remedies shall not constitute waiver by us of any such rights or remedies.

Severability

If any part or provision of this Agreement is recognized as unenforceable or invalid, such part or provision shall be interpreted in accordance with applicable laws in order to reflect the nearest original intention of the parties, all other parts and provisions of this Agreement shall be in full force and effect.

Entire Agreement

This Agreement and all other documents and parts of our Application that are referred in this Agreement shall constitute a binding contract that regulates the relationship between the user and EdPics. They replace and cancel any agreements, conditions and terms that may have been agreed or concluded in the past, even if such terms, conditions and agreements were not changed or withdrawn directly, and shall constitute the entire set of obligations and rights between you and us.

Consumer Rights Information (Only for California Residents)

Provisions of this section are applicable only to individuals who reside in California, USA. In accordance with the provisions of Section 1789 of the California

Civil Code, we kindly ask you to pay attention to the following company address 1ST FLOOR, 9 EXCHANGE PLACE, I.F.S.C.,DUBLIN 1, D01 X8H2, IRELAND.

If you wish to access our Application, you have to be a user in good standing. Relevant fees for paid services are posted on the payment area of our Application before you make an actual payment. We reserve the right to amend or change fees applicable to paid services.

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You may get in touch with the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.