By installing the Spam Shield application on a mobile device, the User agrees to all the Terms and Conditions of this Agreement.
The Applicable Terms and Conditions govern:
The terms and definitions used in this Agreement are capitalized and defined in a separate section of the document.
Before using the Spam Shield anti-spam application, the User must carefully read all the clauses of this Agreement.
The developer and owner of Spam Shield app is:
Media Alliance s.r.o.
Karlovo namesti 290/16
120 00 Prague 2
Czech Republic
Owner's email address: [email protected]
The term Spam Shield includes:
All Users can refuse to use Spam Shield at any time. The right of withdrawal or the right of cancellation may also be exercised by persons who do not belong to the category of Consumers.
When using Spam Shield, the user should be guided by the Terms and Conditions as defined in the current
section, unless the Owner provides
otherwise.
By using the anti-spam application, the User becomes a Consumer.
In order to use all the features of the Service, Users need to register or create an account, providing correct and truthful information about themselves in full. If this requirement is not fulfilled, access to all options will be limited.
The User at their own discretion chooses a login and password to access the account. The password must be strong and meet the recommended Spam Shield standards. Users are solely responsible for the confidentiality and security of their credentials.
By registering in the system, the User undertakes to be fully responsible for all actions within the account.
The user undertakes to inform the Owner immediately in cases of violation of confidentiality or unauthorized use by third parties of their registration data, personal information or data to access the account.
By registering in the Spam Shield application system, Users automatically agree to the Terms and Conditions described below.
A User may close their account and stop using the application. In order to do this, the steps described in the corresponding Spam Shield section must be implemented.
The Owner reserves the right at their sole discretion at any time to suspend or permanently delete User accounts of an offensive or inappropriate nature, or which violate the current Terms and Conditions. Suspension or deletion of the account does not give the User the right to make any claims to the Owner for compensation or damages. Suspension or deletion of the account through the fault of the User does not exempt them from the monthly payment.
All content available on Spam Shield is owned by the Owner and provided by them or their licensors.
The
Owner undertakes to do everything
possible to ensure that the content on Spam Shield does not contradict current legislation and does not
violate the rights of third parties.
However, the Owner is not always able to achieve such a result. In such cases, we ask Users to report such
complaints to the Owner using the
contact information specified in this document.
Spam Shield provides access to external online resources which are not owned or controlled by the Owner. Users of the application undertake to acknowledge and agree that the Owner is not responsible for their content and any issues related to the relationship between the User and the owners of such resources. The use of any third-party resources is subject to the terms and conditions specified by their owner or statutory law.
The Application and the content posted therein may be used exclusively for the purposes indicated by the Owner, in accordance with these Terms and Conditions and applicable law. Users are solely responsible for their actions when using Spam Shield and undertake not to violate the law, as well as the rights and interests of third parties.
In this way, the Owner reserves the right to take any measures to protect its legitimate rights and interests, including denying Users access to Spam Shield, informing the competent authorities about the User's illegal actions in the service, termination of contracts – each time Consumers are involved or are suspected of participating in any of the following actions:
All intellectual or industrial property rights, in particular the exclusive rights to software or technical applications embedded in Spam Shield, as well as related to it, belong to the Owner and/or its licensors.
Subject to the User's compliance with these Terms, the Owner undertakes to provide the User with a license to use the software and (or) any other technical resources built into the Spam Shield service within the framework of the presented functionality of this application. This license is not subject to sublicensing and transfer to third parties, does not give Users any rights to access, decrypt and use the source code.
All methods, algorithms and processes in the Owner's software and all related documentation are the exclusive property of the Owner and/or its licensors.
All rights and licenses granted by the Owner shall terminate at the time of termination of the contract or expiration of this Agreement.
The current license gives users the right to download, install, run and use the software on a permissible number of devices which are widespread and contemporary in terms of market standards and technologies.
The Owner reserves the right to change the functionality in the application and related software, update, to make changes, corrections and further developments, and then provide them to Users free of charge. Users may need to download and install updates themselves for later use of the application and related software.
The user has the right to download, install, run and use the software on an unlimited number of devices. The simultaneous launch of Spam Shield on more than one device is not allowed.
Users can access their data in the Spam Shield system using the API (application program interface). Any use of the API, including through a third-party product or service that has access to the Spam Shield application, is governed by the Terms and Conditions of this Agreement and the Special Terms:
Spam Shield is used on a paid basis. The cost, duration of use and terms of purchase are described in the special sections of the service.
The cost, conditions and access to the purchase of Spam Shield are indicated in the relevant sections of the service and can be changed at the discretion of the Owner without prior notice to the User.
The owner provides the most accurate technical characteristics of the Goods, including the quality of sound, colours, images and graphics, depending on different conditions. This information is for informational purposes only and does not give any guarantees regarding the characteristics of the purchased Goods.
Product specifications will become available during the purchase process.
The purchase process includes all steps from downloading Spam Shield to paying for its use.
The buying process includes the following steps of the User:
All notifications related to the purchase process must be sent to the email address provided by the User for such purposes.
Users will be informed of any fees, taxes and additional costs that will be charged to them during the purchase process and before payment. The cost of using the application and all applicable taxes, fees and expenses is specified in the Spam Shield service.
The Owner may offer discounts or provide special offers for the purchase of the Product. Any such offer or discount must always be acceptable and in accordance with the Terms described in the corresponding Spam Shield section.
Special offers and discounts are always provided at the discretion of the Owner. Repeated offers or discounts do not create rights or claims that may be applied to Users in the future. Depending on the Owner's conditions, discounts or special offers are valid for a limited period of time.
If the time of the discount or offer is limited in time, the latter shall relate to the Owner's time zone in accordance with the Owner's location data in this Agreement, unless otherwise indicated.
Information about possible payment methods is provided during the purchase process. Certain payment methods may only be available if additional fees are paid and conditions are met. Information about this can be found in the special section of the service.
All payments are processed using third-party services. Spam Shield does not collect any payment data (in particular, credit card data) and receives payment notification only after the successful completion of the transaction.
If it is not possible to make payment via the available methods or if the request was rejected by the Payment Service Provider, the Owner has the right to refuse the User access to the service. The user pays any costs and fees that arose due to an unsuccessful or rejected payment.
Spam Shield anti-spam app can be downloaded from the Google Play app store. Downloading the application using third-party online stores is governed by the terms and conditions of such organizations. In the event of a conflict or inconsistency, these Terms and Conditions shall always prevail. Therefore, when downloading the Spam Shield application from third-party online stores, Users should carefully read their terms and conditions of operation.
Users are not granted any rights to use the Spam Shield application prior to the Owner receiving payment in full.
Terms and Conditions of service provision
The Owner undertakes to provide access to the full functionality of the application within the time specified in Spam Shield and for the period specified in the Terms and Conditions.
Users can test the application for free for a limited period of time as specified in the Spam Shield application. Certain features or functions of the Product may not be available to Users during the trial period. Additional Terms and Conditions regarding the trial period, in particular its duration, will be displayed in Spam Shield.
The free trial period automatically becomes a paid Product if the User does not cancel the purchase before the end of the trial period.
Subscription allows the Consumer to regularly and systematically use the application for a given period of time. The subscription starts on the day the payment is received by the Owner. In order to ensure the continuous validity of the subscription, the Users undertake to pay the agreed amount of payment in a timely manner. Failure to do so will result in service interruptions.
The subscription is automatically renewed by making a payment, except for cases when the User independently cancels the subscription in accordance with the Terms and Conditions of termination of the use of Spam Shield. The validity period of the renewed subscription is equal to the initial period.
Subscription to use the application can be suspended at any time by sending the User a notification to the Owner at the Contact Details specified in this document or using the appropriate controls in Spam Shield.
If notice of termination is received by the Owner prior to extension or renewal of the subscription, the request for termination shall be executed at the end of the current paid period.
The user has the right to withdraw from the contract within the time period specified by the Owner (usually 14 days) for any reason and without explanation. Read more about the Terms of withdrawal The user can find in the relevant section.
The right of withdrawal is a right that applies to European consumers when entering into remote contracts (since the User cannot see or try the Product before entering into a contract).
Violation of the Terms and Conditions of the contract is basis for the termination of the obligations of the parties to the contract.
In Spam Shield, the right of withdrawal applies to all Users of the application.
Users have the right to withdraw from the contract within the period specified for their Account at their discretion and without explanation, unless an exception is provided.
The User can use the right of withdrawal by sending the Owner a statement of intention to withdraw from the contract to the e-mail address specified in this document or through the application interface.
For the above purpose, the User can use the standard withdrawal form provided in this Agreement. Also, the User has the right to freely express his intention to withdraw from the contract by notifying the Owner in any way.
The user must send a notification with the desire to use the right of withdrawal before the expiration of the term for cancellation.
Subject to the purchase of the service, the withdrawal period ends 14 days from the date of entering into a contract, if the User has not waived the right to withdraw funds.
Users who have withdrawn from the contract with the Owner, in accordance with the Terms and Conditions in the relevant section of this Contract, are entitled to reimbursement of all payments sent to the Owner, including shipping costs (if any).
However, any additional costs associated with the choice of a specific delivery method (with the exception of the most budget type of standard delivery offered by the Owner) will not be reimbursed to the User.
Such compensation must be made without undue delay, but in any case no later than 14 days from the date of informing the Owner of the User's decision to withdraw from the contract.
Refunds are made in the same way as the original transaction was processed. In all cases, when refunding the funds, the User does not pay any costs or fees.
If the User has used the right of withdrawal after notifying the Owner of a desire to use the service before the end of the refusal period, the User undertakes to pay the Owner an amount proportional to the volume of the service provided.
This payment is calculated on the basis of the amount of remuneration specified in the contract and is proportional to the volume of the service provided from the moment of the User's refusal, in relation to the compensation in full.
The Owner ensures the User's right to cancel the purchase and receive reimbursement of the funds spent, in accordance with applicable law. The conditions applicable to such an offer are described in the special section of the Contract.
Refusal of guarantees
The ability to install and use the Spam Shield application is provided only if these Terms and Conditions are observed and the Product is available. The use of the service is at the Consumer's own risk.
The Owner, to the maximum extent permitted by applicable law, waives all conditions, guarantees and formulations – express and implied, statutory and otherwise. In this case, we mean any implied guarantees of the condition of the Product, its suitability for use for certain purposes or compliance with the rights of third parties. No recommendation or information of a written or oral nature received from the Owner or through the Spam Shield application interface creates any guarantees not expressly indicated in this Contract.
The Owner, together with all affiliates and licensors, officers, directors, agents, partners, suppliers and employees, do not guarantee:
The User is aware that any content downloaded using the service is at the User's own risk. The User is personally responsible for any damage to the User's operating system or device, as well as any loss of data as a result of downloading third-party content or using the services.
The Owner does not guarantee, endorse or assume responsibility for any product or service advertised or offered by a third party through the Product, any website or service with hyperlinks. Also, the Owner cannot act as a third party or in any way control any transactions between Users and third-party suppliers of products and services. At any time such services and products may become unavailable or work incorrectly with the User's browser, mobile device and/or operating system. The Owner cannot be held responsible for potential or actual damage due to the use of the Service or its content.
Federal law and other separate provisions of the current legislation in the United States do not allow restrictions and exceptions to certain guarantees. The above exceptions may not be applied to the User. This Contract confers certain legal rights to Users. Users may also have other rights, depending on the state.
A declaration of refusal to bear responsibility and exceptions in this contract cannot be applied to the extent prohibited by applicable law.
The Owner, its affiliates and licensors, officers, directors, agents, partners, suppliers and employees, to the maximum extent permitted by applicable law, are not responsible for:
In no event shall the Owner, its affiliates and licensors, officers, directors, agents, partners, suppliers and employees be responsible for any disputes, claims, proceedings, damages or losses in excess of the amount paid by the User to the Owner under this Contract in the last 12 months or for the period of validity of this document (whichever is shorter).
This section concerns the limitation of responsibility and applies to the maximum extent permitted by law, regardless of what the alleged responsibility is based on – contract, civil tort, negligence and any other reason, even if the company was aware of the possibility of damage.
Certain jurisdictions do not allow the exclusion and/or limitation of accidental or indirect losses, and therefore the above restrictions and exceptions may not be applied to the User.
These Terms confer certain legal rights to the User. In addition to such, the User may also have other rights within various jurisdictions. Disclaimer, exclusions and limitations of liability related to these conditions do not apply to the extent prohibited by applicable law.
The User undertakes not to cause losses and compensate damage to the Owner, as well as to protect the Owner, branches, licensors, officials, directors, agents, partners, suppliers and employees from claims, demands, obligations, costs, debts, legal costs and expenses arising as a result of:
If the Owner is unable to assert any right or provision under these Terms, this shall not constitute a waiver of such right or provision.
No waiver shall be construed as a further waiver of the relevant Terms.
In order to provide the highest level of service, the Owner reserves the right to suspend the operation of the Spam Shield application during maintenance, system updates and other changes, and shall inform Users of this.
Within the framework of the current legislation, the Owner may at their own discretion decide to suspend or completely terminate the provision of the Service. In the case of the complete termination of the Spam Shield application, the Owner undertakes to cooperate with Users so that they can legally withdraw their personal data.
In addition, the service may be unavailable for reasons that are beyond the control of the Owner – such as “force majeure” (lack of electricity, damage to infrastructure, etc.).
The User is not entitled to reproduce, duplicate, copy, sell, resell and use for commercial purposes any components of Spam Shield without prior agreement with the Owner, confirmed by written permission from him, provided directly or through the official resale program.
Users can learn more about how the Owner uses their personal data by reading the Spam Shield Privacy Policy.
Any intellectual property rights, including trademarks and design, as well as copyright and patent rights related to Spam Shield, are the exclusive property of the Owner and its licensors and are subject to protection by relevant laws and international treaties relating to intellectual property.
All trademarks, trade names, service marks, illustrations, logos and images appearing when using Spam Shield are and remain the exclusive property of the Owner and its licensors and are subject to protection by applicable law or international treaties relating to the protection of intellectual property.
The Owner reserves the right to amend and supplement these Terms and Conditions at any time at their sole discretion, having previously informed Users of this.
Such changes will affect the relationships of the subjects of this Contract in the future. The continued use of the service by the User after the revision of the Terms and Conditions by default means their acceptance. If the User does not agree with the changes, they must stop using the Spam Shield application. Failure to accept the updated Terms and Conditions is a basis for unilateral termination of the contract.
The previous version of the Contract remains valid until the User accepts new Terms and Conditions or terminates the use of the service. The User can obtain the previous version from the Owner.
The Owner reserves the right to transfer, assign and dispose of any or all rights by dispose of by novation, in accordance with these Terms and taking into account the legitimate interests of the User. Provisions relating to changes to these Terms and Conditions will apply accordingly.
Users may in no way transfer or assign their rights and obligations described in these Terms and Conditions without the written permission of the Owner.
All Spam Shield notifications must be sent using the contact information provided in this document.
If any provision of this Contract becomes invalid or loses its force from the point of view of the law, the invalidity and unenforceability of such a provision will not affect the validity of the remaining provisions, which will remain in force and continue in effect.
Any such invalid and unenforceable provision will be interpreted, construed and modified to the extent necessary (but reasonable) to make it valid, enforceable or return it to its original meaning.
These Terms and Conditions collectively constitute the entire Contract between the User and the Owner with respect to the subject matter hereof and supersede any other terms, including prior agreements and understandings between the parties with respect to that subject matter.
These Terms and Conditions are valid to the maximum extent possible within the framework of the current legislation.
These Terms and Conditions shall be governed by the legislation in force in the territory of the Owner's location specified in the relevant section of this Contract, without taking into account the principles of the conflict of laws.
Decisions on any disagreements arising in connection with these Terms and Conditions or related to them are within the exclusive competence of the courts at the location of the Owner specified in the relevant section of this Condition.
Other provisions
This Agreement is valid until the contract is terminated by the Spam Shield Owner or the User.
Upon termination of the contract, the provisions contained in these Terms and Conditions, which shall survive termination or expiration of the contract, shall remain in force, in particular:
Users can address any disputes to the Owner, who in turn will try to resolve them peacefully.
Although the User always has the right to go to court, in the event of any disagreement regarding the use of the Spam Shield application or service, the User is asked to contact the Owner in advance using the contact details specified in this document.
The User can submit a complaint with a brief description and, if possible, details of the relevant order, purchase or account to the Owner's e-mail address specified in the relevant section of this document. The complaint will be processed by the Owner without undue delay within 2 days of receipt.