Terms of use

DOPA© - TERMS OF USE

BY USING THE DOPA© APPLICATION, YOU INDICATE YOUR AGREEMENT WITH THE FOLLOWING

TERMS AND CONDITIONS AND WITH THE COMPANY’S PRIVACY POLICY. IF YOU DO NOT AGREE

WITH THESE TERMS AND CONDITIONS OR WITH THE PRIVACY POLOICY, DO NOT USE THE APP.

1. Acceptance of Terms. DOPA PB LTD (the "Company”) grants you the right to use the App (as defined below),

subject to the following Terms of Use (“Terms” or “Agreement”). By using the App you fully agree to any and all

of the terms and conditions of these Terms.

You represent and warrant that you are of legal age and have the right and authority to engage in these Terms. If you

are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority

to bind such entity and its affiliates.

Please note that we may make changes to these Terms from time to time, without prior notice. When we do, we will

revise the “last updated” date given below. It is your responsibility to review these Terms frequently and to remain

informed of any changes made. The then-current version of these Terms will supersede all earlier versions. You agree

that your continued use of the App will constitute your acceptance of any such revised Terms.

2. The App. The Company retains and shall always retain all rights and titles to the DOPA© application, including

related website, and other related applications or pages in any platform, together with any and all subsequent updates,

upgrades, enhancements, new features, customizations, bug fixes, modifications, amendments, new releases,

additions, revisions, alterations, translations and new versions thereto, and all accompanying and associated know-

how, information, documentation and instructions (the "App").

3. Grant of Limited Rights. Subject to all of the terms of this Agreement, the Company hereby grants you, during the

Term (as defined below), a non-exclusive, personal, non-transferable, non-assignable, limited and revocable right to

use the App, for your personal, non-commercial, use for personal meditation and relaxation, only. You agree to use

the App and service for legal purposes only (the “License”). You may not sub-license, redistribute, enable or allow

others to use or access the App in any way. There are no, nor will there be, any implied licenses.

4. Intellectual Property Rights. The App is proprietary and copyrighted. The Company shall own all intellectual

property rights in the App and in any modifications, enhancements, updates, upgrades, new versions, additions,

revisions, alterations or amendments of the App. The Company reserves all rights not expressly granted under this

Agreement. You acknowledge and agree that the App, and any related know-how, methodologies, equipment,

processes, updates, upgrades, modifications, enhancements and derivative works and, including without limitation all

patent, copyright, trade secret, trademarks, trade names, service marks and other proprietary rights therein

(“Proprietary Rights”), are and shall remain the sole and exclusive property of the Company. You have, and shall

have, no right, title or interest in and to the App or with respect to Proprietary Rights, other than the rights expressly

set forth in Section 3. For avoidance of any doubt, it is hereby clarified and agreed that this Agreement does not and

will not transfer or grant any title or other right in the App. If the App or any portion thereof are modified, merged,

incorporated or combined into any software, hardware, or data, or are converted or translated into another format, they

shall continue to be subject to the provisions of this Agreement and the Company shall fully retain ownership thereof.

You hereby undertake not to assert, contest, or dispute the validity of, or contest the Company's ownership of any

patents, copyright, trademarks, trade names, whether registered or not, or any other registration thereof, or other

proprietary right of the Company pertaining to the App. This section shall survive termination of this Agreement.

5. Restrictions. By using the App you agree to maintain the copyright notice and any other notices and not to reproduce

any trademark or other proprietary notices that appear on the App, on any copies and any media. You further agree

DOPA© - TERMS OF USE

not to (and not to allow or enable any third party to) use the App for any purpose other than as permitted herein,

including without limitation, not to: (i) directly or indirectly modify, change, translate, decompile, disassemble,

reverse compile or reverse engineer, make error correction or attempt to discover any source code or underlying ideas

or algorithms of the App, (ii) modify, copy or create derivative works based on the App (including, without limitation,

subject the App, in whole or in part, to any open source licensing terms in any way), (iii) provide, sell, give, rent,

lease, lend, loan, disclose, publish, assign, sublicense, market, distribute, transfer, grant or convey other rights

whatsoever in the App to any third party, (iv) use the App in violation of any applicable laws or regulations, or allow

the transfer, transmission, export, or re-export of the App or any portion thereof, (v) use the App to create or develop

or attempt to create or develop any software or product which competes or may compete with the App, (vi) remove

or circumvent any protection or other restrictive technology mechanism of the App, (vii) disclose any part of the App

including but not limited to the results, characteristics and capabilities of the software’s performance benchmarks to

any third party without the Company’s express prior written consent, (viii) expose or make available to any third party

(and in particular, to any vendor, supplier, other service provider or anyone on such party’s behalf), any part of the

user interface of the App, or give access to the App to any such party, (ix) distribute, broadcast or store any information

or content that violates any law, including, but not limited to intellectual property laws, patents, trademarks, trade

secrets, etc, (x) use any type of robot, virus, worm, Trojan horse, or any other code or software or instructions which

are intended to be used to provide a means of secretive or unauthorized access or are intended to alter, delete or

disassemble or cause any other damage to the App, software, website, application or the Company, or any other third

party, nor take any action that prevents in one way or another or interferes with the normal performance of another

person's use of the software, or (xi) otherwise use the App for any purpose other than those stipulated in this Agreement

or in any manner not expressly authorized by this Agreement.

As relevant, You undertake to monitor the contents uploaded to the App by your employees, or any other person on

your behalf, and to bear full responsibility according to any law for these contents. You also undertake to keep the

means of identification and passwords used by you confidential, and to supervise your employees or any other person

on your behalf with access to the means of identification and passwords.

You agree that the Company can download and install, without a specific permission other than in the Agreement,

updates to the App on your device.

6. Subscription. Use of the App is subject to subscription. The subscription is made for a monthly or annual period as

elected and confirmed by you upon subscription. At the end of the subscription term, your subscription shall be

automatically renewed for an additional period of one calendar month (or a different period confirmed by you upon

subscription), unless cancelled by any of the Parties by 7 days written notice to be sent prior to the end of than relevant

subscription period. Subscription term may not be otherwise cancelled by you, other than with the prior written consent

of the Company.

7. Subscription Fee. Our services are provided against payment of subscription fees, at the amount as set forth in the

App and confirmed by you during registration process, and as updated by the Company from time to time, by prior

notice published by the Company. Subscription fees are to be paid by you through dedicated PayPal account (or other

payment processor chosen at the sole discretion of the Company) under such payment processor policies and

authorizations, including in relation to personal information collecting practices. Please review such terms and privacy

policy carefully before opening the account. Payments of the fees shall be made against an invoice issued by the

Company directly or through the payment processor, as relevant. VAT shall be added, as required. You hereby

represent and warrant that the account information you provide to the Company upon registration will be true, accurate,

current, and complete. You also hereby represent and warrant that you will ensure that your Account information,

including your e-mail address, is kept accurate and up to-date at all times during the Term of this Agreement. As a

registered user you will have login information, including a username and password, which you are required to

DOPA© - TERMS OF USE

maintain in full confidentiality. The Company shall not be liable to any unauthorized use of such account information

or password.

8. Termination. Notwithstanding the above, and without derogating from The Company's rights, the Company may

terminate your right to use the App effective immediately if: (i) you breach any of the terms of the this Agreement;

(ii) you make an unauthorized use of the App, or of any part, portion or module thereof, in breach of Section 3, Section

4 or of Section 5, or you attempt to or in fact transfer or assign any of your rights, liabilities or obligations under this

Agreement contrary to the provisions of this Agreement; (iii) granting access to you to the App is prohibited by

applicable law, or has become impractical or unfeasible for any legal, regulatory or other reason; or (iv) subject to

applicable law, upon your liquidation, commencement of dissolution proceedings, disposal of your assets, failure or

inability to continue your business activities, assignment for the benefit of creditors, or if you become the subject of a

voluntary or involuntary bankruptcy or similar proceeding. Upon termination as set forth above, for any reason or for

no reason, all of your rights under this Agreement shall immediately terminate. Except as otherwise expressly provided

herein, the terms of Sections 4, 5, 8, 9, 12, 13 and 14 and any provision which by its nature survives the termination

of this Agreement, shall survive termination of this Agreement. Termination is not an exclusive remedy and all other

remedies available under applicable law or in equity will be available to the Company whether or not termination

occurs. For the avoidance of doubt, The Company is also entitled, upon its sole discretion, to temporarily or

permanently, according to the said circumstances in this Section 8, prevent the access to the App, in the circumstances

aforementioned in the section, as well as due to the need for maintenance, updating, upgrading or similar actions in

connection to the App.

9. Indemnification. You agree to indemnify and hold the Company and its subsidiaries, parent companies, affiliates,

directors, officers, employees, representatives, agents, partners or business associates, harmless from any claim or

demand, including reasonable attorneys' fees, made by any third party due to or arising out or in connection with: (1)

your violation of these Terms; (2) your access to the App and/or use of the App and/or engagement with the Company;

(3) your infringement of any third party right, including without limitation any intellectual property right, publicity,

confidentiality, property or privacy right; (4) any data or information of yours or of any third party, including any loss

or destruction of information; (5) any act and/or omission by You, or anyone acting on your behalf.

10. Content Uploaded to the App. As a subscriber, you are allowed to upload content (including videos, photos, and

audio) to the App. You hereby grant the Company a non-exclusive, royalty-free, transferable, sub-licensable,

worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create

derivative works of your content.

You hereby agree and undertake not to upload to the App any infringing or unlawful materials or contents, including,

but not limited to: (i) any material which infringes or breaches other parties’ intellectual property rights – including

copyrights and trademarks; (ii) any material regarding or identifying minors, their personal details, addresses or how

they can be contacted; (iii) any computer software, computer code or application that contains computer bugs (virus),

including hostile software known as Trojan Horses, Worms, Vandals, Malicious Applications, etc; (iv) any material

constituting slander of any person or infringing his privacy; (v) any material that is illegal, or material that encourages,

supports, assists, the provision of instructions for the implementation, or guides in the implementation, of an action

that constitutes a criminal offense under the laws of your jurisdiction; (vi) any material or link to material the

publication of which is forbidden under the provisions of law; (vii) any information or material that could harm any

business or dealer whatsoever; (viii) any material that is inflammatory in nature, insulting, hostile, threatening, crude,

racist causing offense to public feelings, likely to constitute the basis for a civil claim or constituting any other breach

of the laws of your jurisdiction; (ix) any material that could deceive consumers; (x) any content of an advertising or

commercial nature, regarding a direct or indirect competitive entity, product or service with the business of the

DOPA© - TERMS OF USE

Company or App. As relevant, you agree to ensure that each of your employees, representatives and/or agents will

comply with the provisions contained in this section.

11. Limited Warranty, Disclaimer and Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE APP IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY

WARRANTY OF ANY KIND. FURTHER, THE COMPANY DOES NOT WARRANT RESULTS OF USE, THAT THE APP

IS BUG OR ERROR FREE OR THAT THE APP WILL BE PROTECTED AGAINST VIRUSES OR ANY NETWORK

INTRUSION OR SECURITY BREACH, THAT THE APP WILL FUNCTION AT ALL TIMES, THAT THE APP WILL NOT

HAVE OR MAKE ERRORS, OR THAT ITS USE OR THE USE OF YOUR LOCAL NETWORK WILL BE UNINTERRUPTED.

THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES

EXPRESSLY DISCLAIM ALL OTHER WARRANTIES NOT PROVIDED HEREIN, WHETHER EXPRESS, IMPLIED OR

STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT,

MERCHANTABILITY, MERCHANTABLE QUALITY, EFFECTIVENESS, COMPLETENESS, ACCURACY, AND FITNESS

FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, OR ARISING OUT OF THE USE OR

PERFORMANCE, OF THE APP OR THE DATA UPLOADED TO THE APP, REMAINS WITH YOU. THE COMPANY, ITS

DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES WILL NOT BE LIABLE IN

ANY WAY TO YOU OR ANYONE ON YOUR BEHALF IN CONNECTION WITH ANY DAMAGE CAUSED BY THE

COMPANY, THE APP OR DATA UPLOADED TO THE APP. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGE

CAUSED BY THE USE OF THE APP, YOUR ENGAGEMENT WITH YOUR CLIENTS/ANY OTHER THIRD PARTY.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS

AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR

EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTIONS, LOSS

OF PROFITS, BUSINESS OPPORTUNITIES, BUSINESS INFORMATION, GOODWILL, USE, DATA OR OTHER LOSSES

(EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR

IN CONNECTION WITH THE APP OR THE USE OR INABILITY TO USE THE APP AND/OR THIS AGREEMENT,

FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF WHETHER EITHER PARTY HAS BEEN APPRISED OF THE

POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING, WHETHER OR NOT BASED ON TORT

(INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OR ANY

OTHER THEORY.

NOWITHSTANDING, IF, AS A RESULT OF A CLAIM OR SUIT BY YOU, OR ANYONE ON YOUR BEHALF, OR BY ANY

THIRD PARTY, A COMPETENT COURT OF LAW RULES THAT THE COMPANY IS LIABLE FOR ANY DAMAGE, AND

AS A RESULT OF SUCH RULING, YOU OR ANYONE ON YOUR BEHALF OR ANY THIRD PARTY IS ENTITLED TO

COMPENSATION FROM THE COMPANY, THE COMPANY'S LIABILITY SHALL NOT EXCEED THE AMOUNT OF

SUBSCRIPTION FEES PAID BY YOU IN EXCHANGE FOR THE RIGHT TO USE THE APP DURING A PERIOD OF 3

MONTHS PRIOR TO SUBMISSION OF ANY CLAIM, AND YOU AGREE TO INDEMNIFY THE COMPANY IN ANY

AMOUNT RULED THAT EXCEEDS THE SAID AMOUNT.

YOU WILL HAVE SOLE RESPONSIBILITY FOR ALL ADEQUATE PROTECTION AND BACKUP OF DATA USED IN

CONNECTION WITH OR HAVING ANY CONNECTION TO THE APP. YOU WILL NOT MAKE ANY CLAIM AGAINST

THE COMPANY FOR LOST DATA, INACCURATE DATA, OR ANY INDIRECT, CONSEQUENTIOAL, INCIDENTAL OR

PUNITIVE DAMAGE.

THE APP MAY CONTAIN LINKS OR ACCESS TO THIRD PARTIES' WEBSITES, APPLICATIONS OR RESOURCES. IN

NO CASE SHALL COMPANY ASSUME ANY LIABILITY FOR THE AVAILABILITY OR ACCURACY OF SUCH

RESOURCES OR TO THE CONTENT, PRODUCTS OR SERVICES PROVIDED BY THEM.

Privacy. You agree to obtain any and all consents required under any applicable laws, regarding any personal

information of others which is part of the content uploaded by you to the App, including with respect to the uploading

of any photos, videos and/or audio, and to adhere to any applicable laws regarding such information.

You acknowledge and agree that the Company can use any personal data that the Company may collect or obtain in

connection with the App in accordance with the Company's Privacy Policy. The Company assumes no responsibility

or liability for your data or information, and you shall be solely responsible for such data and information and the

consequences of using, disclosing, storing, or transmitting it.

12. Safeguard of Information and Non-Disclosure. You expressly acknowledge that the App contains confidential and

proprietary information of the Company, and agree to maintain such information, including with regard to the App's

characteristics, capabilities, performance benchmark, user interface, design and implementation as confidential

information, and not to disclose it to any third party without the Company’s prior, written, explicit authorization, as

applicable, other than as explicitly provided herein. You will not use the App for any other purpose not expressly

permitted by this Agreement. The forgoing shall not apply to any information that (i) you can prove by written records

that it is available in the public domain, not as a result of the actions on your part or by anyone on your behalf,

including representatives or employees or clients, (ii) was known to and/or developed by you prior to its receipt from

the Company, or (iii) that was lawfully received by you from a third party without obligation of confidence. As

relevant, You agree to ensure that each of your employees, representatives, agents and/or clients will comply with the

provisions contained in this section.

13. Availability of the Services. Company may make changes to or discontinue any aspects of the services provided

by the App and any of the features, media, content, products, software or services available via the App, at any time

and without notice or liability to you.

Notwithstanding anything to the contrary herein, Company may at any time in its sole discretion, with or without

notice to you, and without prejudice to other rights or remedies, suspend or cancel any services provided to You,

remove any material from the App or suspend or cancel the App, or any part thereof. Without derogating from the

generality of the above, Company reserves the right to so act in the event that Company receives notice of any claim,

demand or suit or where other legal proceeding are issued against it, alleging facts inconsistent with your warranties

and representations, and/or related to fraud, breach of intellectual property or any other rights of any third party,

defamation, libel or any unlawful act or misconduct, when necessary to protect the business interests of Company, or

for any other reason in Company's sole and absolute judgment. Company shall not be liable to You, and You hereby

specifically waive any claim and/or remedy you may otherwise have, for or in relation to any damage, cost and expense

related to any act by Company in accordance with the above.

14. Miscellaneous.

14.1 Entire Agreement. This Agreement (and privacy policy referred to herein) constitutes the entire agreement

between The Company and you with respect to the subject matter hereof, and it supersedes all prior or

contemporaneous communications and proposals, whether electronic, oral or written, between The Company and you

with respect to the subject matter hereof.

14.2 Construction. Section headings are provided solely for reference purposes and in no way define, limit, interpret

or describe the scope or extent of such section or in any way affect this Agreement.

14.3 Exercise of Rights; Severability. No failure or delay in exercising any right hereunder will operate as a waiver

thereof, nor will any partial exercise of any right or power hereunder preclude further exercise. If any provision of

this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision

shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full

force and effect and enforceable.

14.4 Assignment. Neither the Agreement nor the rights granted hereunder may be assigned by you without the prior,

written consent of The Company; any attempt to do so shall be void. The Company may assign this Agreement in

whole or in part, provided that your rights and obligations hereunder shall not be derogated. This Agreement will be

binding on any successor and assign of each party, including without limitation, a surviving entity in a merger or

acquisition to which any of the parties hereto is a party.

14.5 Notices. Notices to you may be made via facsimile, e-mail or regular mail. Notices shall be effective on the

business day sent if delivered personally or via facsimile or e-mail (except where a notice is received stating that such

mail has not been successfully delivered), or four (4) business days after post-marking if sent by certified or registered

mail.

14.6 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Cyprus,

without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of

any jurisdiction other than Cyprus. The competent courts in Limassol, Cyprus, shall have sole and exclusive

jurisdiction regarding any dispute or claim arising hereunder.

14.7 Force Majeure. The Company shall not be liable to you for any delay in the performance of any of its duties or

obligations if such delay is caused by a labor dispute, strikes, other labor trouble, shortage of labor or market shortage

of materials, epidemic, fire, earthquake, war, acts of terrorism, riots, malicious acts of damage, acts of any government

authority, failure of the public electricity supply, public calamity, flood or any other event beyond the control of The

Company.

14.8 Relationship between the Parties. Nothing contained herein shall be construed to constitute the Company and

you to be partners, co-venture, co-develop agency or joint ventures with or agents for one another. Neither The

Company nor you shall have the authority to, nor shall either, obligated or bind the other in any manner whatsoever.

14.9 Remedies. The rights and remedies under this Agreement are cumulative. You hereby acknowledge that the App

contains valuable trade secrets, Proprietary Rights and proprietary information of the Company, that any actual or

threatened breach of the licenses granted herein will constitute immediate, irreparable harm to the Company for which

monetary damages would be an inadequate remedy and that injunctive relief or other appropriate equitable relief is an

appropriate remedy for such breach.

Terms of use

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