Last updated: May 14, 2024
These Terms of Service govern your use of our services.
Those services include our apps, websites, games, products and our social networks.
When you use our services, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from further using any services provided by GKA Digital.
If you access or download our apps from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service; and/or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We, GKA Digital, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page and notify you if required through our apps and/or the email address you provided when you created your account. Any changes to these Terms of Service will take effect immediately from the date of publication.
Limitations of Use
By using our services, you warrant on behalf of yourself, any entity who you represent who has entered into these Terms of Service, and your users that you will not:
- Modify, copy, prepare derivative works of, decompile, or reverse engineer ours apps or any materials and software contained within our apps or on our websites.
- Remove any copyright or other proprietary notations from our apps or any materials and software contained within our apps or on our websites.
- Transfer our apps or any of its associated materials to another person or “mirror” the materials on any other server.
- Knowingly or negligently use our services in a way that abuses or disrupts our networks or any other service GKA Digital provides.
- Use our services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material.
- Use our services in violation of any applicable laws or regulations.
- Use our services to send unauthorized advertising or spam.
- Harvest, collect, or gather user data without the user’s consent.
- Use our services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
Intellectual Property
The intellectual property in the materials in our apps and websites are owned by or licensed to GKA Digital. You may download our apps to view, use, and display applications on your mobile device for your personal use only.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or these Terms of Service and may be terminated by GKA Digital at any time.
Automatic Updates
You give us permission to download and install updates to our apps on your device in accordance with your privacy preferences. This permission can be revoked at any time by deleting our apps from your device.
Liability
Our apps and the materials in our apps and on our websites are provided on an ‘as is’ basis. To the extent permitted by law, GKA Digital makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall GKA Digital or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use our apps, our websites, or any other services provided by GKA Digital or the materials in our apps, even if GKA Digital or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing in our apps or on our websites are not comprehensive and are for general information purposes only. To the extent permitted by law, GKA Digital does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials in our apps or on our websites, or otherwise relating to such materials or on any resources linked to our apps and our websites.
Links
GKA Digital has not reviewed all of the sites linked to its services and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by GKA Digital of the site. Use of any such linked website is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.
Notice regarding Apple
To the extent that you are using or accessing one of our apps on an iOS device, you acknowledge and agree to the terms of this clause. You acknowledge that these Terms of Service are between you and GKA Digital only, not with Apple Inc. (Apple), and Apple is not responsible for our app and any materials available in our app.
Apple has no obligation to furnish you with any maintenance and support services with respect to our app.
If our app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our app and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to any of our apps or your use of our app, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
You agree to comply with any applicable third-party terms when using our app, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Service and, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third-party beneficiary of these Terms of Service.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a ‘terrorist supporting’ country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Right to Terminate
We may suspend or terminate your right to use our services and these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Severance
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
Governing Law
These Terms of Service are governed by and construed in accordance with the laws of Canada. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.