TERMS OF SERVICE
Effective date 20th of September, 2020
This Terms of Service (Terms) govern the relationship between you (you or User) and COSTS.EE OÜ (we, us) regarding your use of Costs mobile application provided by us on any website, platform, and/or application. Please read these Terms carefully. We may update these Terms from time to time, and your continued use of Costs constitutes acceptance by you of any updates.
BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR USING COSTS YOU AGREEING THAT YOU HAVE READ AND AGREE TO FULLY COMPLY WITH AND BE FULLY BOUND BY THIS TERMS. THESE TERMS CONSTRUE AN ENTIRE AGREEMENT BETWEEN YOU AND COSTS.EE OÜ. BEFORE USING COSTS YOU ASSERT THAT YOU ARE EITHER OF LEGAL AGE (18 YEARS OLD), OR AN EMANCIPATED MINOR, OR POSSESS PROOVABLE LEGAL CONSENT OF YOUR PARENT, CARETAKER OR GUARDIAN, AND YOU ARE HAVING THE POWER AND COMPETENT TO ENTER INTO AND TO COMPLY WITH THESE TERMS OF SERVICE. IN CASE IF YOU ARE UNDER THE AGE OF 13 YEARS OLD, PLEASE DO NOT USE COSTS.
1.1. User Content – means transactions (entered manually or shared to Costs by you from your bank account) photos, images, video, files, text, comments, descriptions, bank transaction geolocation and other information uploaded to Costs by you.
1.2. Service(s) – means the services, features and content embodied in Costs.
1.3. Financial Account – means an account, including payment account created on your name in the bank or other payment system.
2.1. Costs is a mobile application allowing you to organize and control your personal finances by analyzing your incomes and expenses. While imputing information to Costs you create User Content.
2.2. Free version of Costs allows you to (a) create transactions by manually input your incomes and expenditures, and (b) use filters for transactions created.
2.3. Paid versions of Costs allows you, except function stated in the clause 2.2., to (a) use Bankcards option - synchronize your financial data from your Financial Account(s) and review it through Costs; (b) to use Multiuser option - grant other users of the Costs right to see and edit specific types of your User content; and (c) set financial goals and estimate how much money you need to save to achieve them.
2.4. Costs is provided for information only and do not construes professional financial advice. You are solely responsible for any decisions made in connection with use of Costs.
3. ACCESS TO COSTS
3.1. After downloading Costs, User shall create a personal account by following steps required and entering the required information. More information regarding personal data collected, as well as its disclosure and protection measures used is explained in Costs https://costs.ee/pp.
3.2. Account is created solely for you and cannot be assigned or sold to third party.
3.3. After Account creation, you receive access to free version of Costs.
3.4. If you want access to all Costs functions may purchase subscription to full version of Costs.
4.1. All payments are made through Apple App Store or Google Play Store, controlled and managed by Apple Inc. and Google LLC respectively.
4.2. Payments will be charged to your Apple App Store or Google Play Store account at confirmation of purchase.
4.3. The subscription fee is paid in exchange for the access to Costs pursuant to plan chosen.
4.4. Prior to purchasing of any subscription to full version of Costs you shall receive a free 3 day access to full version of Costs, within which you may cancel your subscription free of charge. You shall pay the fee that is displayed on the Costs at the time of confirming a subscription.
4.5. The subscription will automatically renew at the end of each term and your credit card will be charged through your account (Apple App Store or Google Play Store). You can turn off auto-renew at any time from account settings.
4.6. You account will be automatically charged 24 hours prior to the end of the current subscription term. If you wish to turn off further subscription auto-renewal, you should do it at least 24 hours before the end of the current period.
4.7. You acknowledge that we are entitled to adjust subscription fee for the subscription plan without further notice.
4.8. The paid subscription fee is not refundable.
4.9. You are responsible for all applicable fees and charges incurred during making of subscription, including applicable taxes.
4.10. When the subscription period ends and subscription fee is not paid due to the fund's insufficiency, full access to Costs shall be ceased until subscription fee is paid.
5. USER CONTENT
5.1. Within Costs you may post, contribute and synchronize User Content.
5.2. In full version of Costs you may use Multiuser option and to other Costs user(s) a grant right to review or edit your User Content. For this purpose, you would have to connect to respective user(s) through Costs. Other Costs user(s) will be able to see and/or edit only that part User Content to which you give access. While using Multiuser option your personally identifiable data shall not be shared.
5.3. You are solely responsible for all content entered into Costs and for its use, distribution, and display, including distribution within the group of other Costs users.
5.4. Costs reserves right to delete with prior notice your User Content in case if it violates this Terms. You accept and agree that Costs shall not be responsible for any loss and damage arising from deletion of User Content.
5.5. You may delete uploaded User Content at any time by clicking the button “DELETE CONTENT AND PROFILE SETTINGS” in Costs settings.
6. BANK CARDS
6.1. Bank Cards is a special option within Costs, enabling you to have an access to your Financial Account(s) and on-line bank operations in a read-only mode, without possibility of making bank operations and/or operating Financial Account(s).
6.2. Bank Cards option allow you to have access to your Financial Account(s) and online bank operations in a read-only manner, so you are not entitled to make any bank operations and/or operate your Financial Account(s) through COSTS.
6.3. By using Bank Cards option, you undertake to indicate the Financial Account(s) are in your possession or in your lawful use. Indication of any Financial Account(s) owned by other persons is prohibited.
7. ACCEPTABLE USE
7.1. While using Costs you shall (a) comply with these Terms while using Costs; (b) hold Account login information confidential; (c) immediately inform us on any illegal or unauthorized activity or a security breach (including any loss, theft, or unauthorized disclosure or use of a username, password); (d) be responsible for all activities on your account; (e) not share account or password with anyone; (f) provide all equipment and software necessary to connect to the Costs, including, but not limited to, a mobile device that is suitable to connect with and use the Costs; (g) be solely responsible for any fees, including Internet connection or mobile fees, incurred when downloading, accessing or using Costs; (h) be instituted and maintain policies and procedures designed to promote and achieve, in its reasonable judgment, compliance in all material respects with the Anti-Corruption Laws and Money Laundering and Terrorist Financing Prevention Act of Estonian Republic
7.2. While using Costs you shall not (a) permit any third party to access or use a username or password for the Costs; (b) upload to Costs any file that contains or redirects to a virus, worm, Trojan horse, or other harmful technology or component that unlawfully accesses alternatively, downloads content or information stored within the Costs or on our hardware, or hardware of our affiliates or service providers; (c) decompile, interfere with, hack, reverse engineer, disassemble, modify, copy, or disrupt the functionality, integrity, features, or performance of Costs; (d) access Costs with intent and/or in order to create a comparable or similar application or software or copy any features, graphics, ideas, images, videos, intellectual property or functions of Costs; (e) create accounts by any means other than through interface Costs (scraping, creating accounts in bulk); (f) rent, lease, timeshare, license, distribute, sublicense or otherwise transfer COSTS or any portion thereof (as a standalone product or in conjunction with other products) to any third party (g) engage in any actions in relation to transactions that are in violation of such Anti-Corruption Laws and Money Laundering and Terrorist Financing Prevention Act of Estonian Republic.
7.3. You shall not upload, post, transmit, or otherwise offer any User Content which (1) may be considered illegal, harassing, aggressive, abusive, tortious, defamatory, vulgar, offensive, libelous, or invasive in relation to another person or a group of persons, or which is hateful, and/or racially, ethnically, or otherwise offensive; (2) may harm to minors in any manner; (3) may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; (4) is not belong to User pursuant to the law or in accordance with any contractual or fiduciary relationship; (7) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law; (8) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act.
7.4. We retains the right to suspend your account if you are accused in breaching of any rules mentioned in this Terms. In such circumstances, we reserve right to cancel your account, suspend or revoke the license provided and delete all your User Content.
8. RIGHTS GRANTED
8.1. From the moment of uploading of Costs and acceptance of this Terms, we grants to you individual, non-sublicensable, non-transferable, revocable limited license subject to the limitations below to access and use Costs for your personal use and for non-commercial purposes. You agree not to use the Costs for any other purpose. Unless otherwise specified by us, you are not permitted to reproduce, copy, modify, distribute, transmit, display, publish, license, create derivative works from the Costs or any its part. All rights not expressly granted in this Terms are reserved.
8.2. If you downloaded Costs from Apple App Store you assert that will only use Costs (a) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (b) as permitted by the “SERVICES AND CONTENT USAGE RULES” set forth in the Apple App Store Terms of Service.
9. INTELLECTUAL PROPERTY
9.1. Costs is protected by trademark laws, copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
9.2. All rights, copyrights, patents, trade secrets, trade dress, know-how, technical information, inventions, discoveries, improvements, ideas, concepts, discoveries, texts, images and other proprietary rights, and any derivative works thereof (including improvements) embodied in Costs belong solely and exclusively to the COSTS.EE OÜ.
9.3. “Costs” is a trademark of COSTS.EE OÜ company and may not be used, copied, or imitated, in whole or in part, without the express prior written approval of COSTS.EE OÜ.
10. REPRESENTATIONS AND WARRANTIES
10.1. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED “AS IS”. COSTS EE OÜ DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR FREE OF DEFECTS, ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR OF NON-INFRINGEMENT, IN EACH CASE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10.2. THE YOU ACKNOWLEDGE, UNDERSTAND AND AGREE THAT COSTS OR ANY SERVICES ARE NOT A FINANCIAL SERVICE AND DOES NOT PROVIDE FINANCIAL ADVICE OF ANY KIND. ANY CONTENT OR INFORMATION ACCESSED OR RECEIVED THROUGH CONSTS ARE NOT INTENDED TO BE FINANCIAL ADVICE. COSTS DOES NOT GUARANTEE ANY RESULTS IN CONNECTION WITH THE SERVICES.
10.3. You represent and warrant that you are entitled to (a) disclose your Financial Account login information to Costs; and (b) grant Costs access to your Financial Account, without breach of the terms and conditions that govern use of respective Financial Account.
11.1. You shall indemnify defend and hold harmless COSTS EE OÜ and its subsidiaries and employees (including but not limited to agents, licensors, managers and other affiliated companies and their employees, contractors, agents, officers, and directors) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses (including but not limited to attorney’s fees) arising from: (a) any other party’s access and use of Costs with your unique username, password or other appropriate security code; (b) your violation of any term of this Terms; (3) your violation of any third-party rights, including without limitation any right of privacy or intellectual property rights; (4) your willful misconduct.
12. LIMITATION OF LIABILITY
12.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COSTS, ITS AFFILIATES, RESELLERS, DISTRIBUTORS OR SUPPLIERS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF USE, DATA, PROFITS, GOODWILL, PROPERTY DAMAGE OR OTHER INTANGIBLE OR ECONOMIC LOSS, WORK STOPPAGE, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE COSTS AND INTEGRATED THIRD-PARTY SERVICES, ESPECIALLY DUE TO REDUCTION OF AVAILABILITY, CANCELLATION OR MODIFICATION, HACKING ATTACKS, FAILURE, MALFUNCTION OR OCCURRENCE OF OTHER ERRORS IN THE OPERATION OF COSTS OR INTEGRATED THIRD-PARTY SERVICES, EVEN IF COSTS.EE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION ABOVE DOES NOT INCLUDE COSTS.EE LIABILITY FOR FRAUD, MISREPRESENTATION AND PERSONAL INJURY OR DEATH. IN NO EVENT SHALL COSTS.EE TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THIRTY U.S. DOLLARS ($30.00).
12.2. You are solely responsible for assessing the reliability, accuracy, and quality of Costs and Services rendered. You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from your use of the Service.
12.3. COSTS EE OÜ shall not be liable for any loss or damages including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data arising out of the use or inability to use of Costs or any links; or to your reliance upon information obtained from or through the Costs.
12.4. COSTS EE OÜ is not responsible and is not liable in any way for User Content uploaded, including, but not limited to any loss and/or damage in connection with use of the User Content.
13.1.You may terminate this Terms by deactivating of your Costs account from the Profile section in the COSTS application.
13.2.We may terminate this Terms with immediate effect by giving the User a written notice.
13.3.The termination, in any case, will not affect any obligation that has already been incurred by either you or us.
13.4.We will cease your access to Costs and delete your User Content and information when Terms are terminated.
14. FORCE MAJEURE
14.1.“Force Majeure” means unforeseeable circumstances acts, events or occurrences that prevent us from providing Costs or Service to you, including but not limited to terrorism, strikes, riots or civil commotion, war, flood, act of God, accident, fire , storm, interruption of power supply, electronic, communication equipment or supplier failure, civil unrest, statutory provisions or lockouts.
14.2.We shall have a right to, at its own reasonable discretion determine the existence Force Majeure and take reasonable steps to inform the User.
14.4.In the event of Force Majeure, we shall not be liable to you in respect of any consequential, nonfinancial, direct or indirect damage.
15.1. If you have any questions regarding Costs functionality or data protection you can send us notice to email@example.com.
15.2. All notices shall be given to us by email to firstname.lastname@example.org . All notices shall be deemed received 5 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
16.1.If any term of Terms is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible, the same effect as the original term, and the remainder of Terms shall remain in full force. If any court or administrative body of competent jurisdiction to be invalid or unenforceable finds any provision of the Terms, then the invalidity or unenforceability shall not affect the other provisions, and all provisions not affected shall remain in full force and effect. We will attempt to substitute with a valid or enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
16.2.In the event that a situation arises, that is not covered under the Terms we will resolve the matter based on good faith and fairness and, where appropriate, by taking such action as is consistent with market practice.
16.3.The rights granted by Terms may not be transferred or assigned by you, and any such transfer or assignment shall be void. We may transfer some or all of its rights and obligations under these Terms of Service to another organization in the event that our assets acquired by or merged with a third-party entity or in connection with a merger, acquisition, sale, or other change of control event.
16.4.These Terms do not, and shall not be construed as creating any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship in any way and of any kind between the parties hereto.
16.5.These Terms are governed by the laws of Ukraine, excluding its conflict of law principles. Any actions, disputes, causes of action or claims arising out of or in connection with this Terms shall be subject to the exclusive jurisdiction of the courts located in Ukraine.