View file File name : terms.html Content :<!DOCTYPE html> <html lang="uk"> <head> <meta charset="UTF-8"> <meta name="viewport" content="width=device-width, initial-scale=1.0"> <title>Terms & Conditions - iCleanUP</title> </head> <body> <h1>Terms & Conditions - Fancy Face - Face Yoga</h1> <p>Last updated January 28, 2025</p> <p><strong>PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICE</strong></p> <h2>1. ABOUT US</h2> <p>Our Platforms ("Platforms") refer to our websites, including but not limited to https://quiz.fancyface.app (the "Site"), mobile applications (comprising apps and games, each referred to as an "App" and collectively as "Apps"), and any associated documentation or services. This also encompasses all content available within the Apps or Site, such as images, logos, music, photographs, video content, software, designs, graphics, illustrations, animations, videos, scripts, text, sounds, voiceovers, interactive features, wellness plans, and any other materials or content incorporated into and forming part of our Apps ("App Content"). These Platforms are owned, managed, and operated by the Company. </p> <p>Company (collectively referred to as “Mobilio LTD, Jomapp LLC and Moballiance LTD”, “Company”, “us” or “we”) shall mean: Mobilio LTD, a United Kingdom company, is registered at Unit 2340 2nd Floor 6 Market Place, Fitzrovia, London, United Kingdom, W1W 8AF. The Apps available via the Platforms may also be distributed to you by our partners: </p> <p>- Jomapp LLC, a Florida company, is registered at 7901 4th St N STE: 300, St. Petersburg, FL 33702, US;</p> <p>- Moballiance LTD a United Kingdom company, is registered at 61 Bridge Street, Kington, United Kingdom, HR5 3DJ.</p> <p>These Terms of Use ("Terms" or "Agreement") represent a legally binding agreement between you and us regarding your access to and use of our Platforms. Alongside these Terms, our Privacy Policy is incorporated as part of this Agreement ("Privacy Policy"). Your use of the Platforms is expressly contingent upon your acceptance of both the Terms and the Privacy Policy. By creating an account or accessing and using the Platforms, you confirm that you have read, understood, and agreed to be bound by these Terms and the Privacy Policy. </p> <p>IF YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS AND/OR USE THE SERVICES.</p> <p>The Terms are not entered into with Apple, Inc. and any of its subsidiaries, or Google, Inc. and any of its subsidiaries, or any other entity as may apply.</p> <p>Please read the Terms carefully. By accessing and/or using our Services, you acknowledge that you accept and agree to be bound by the Terms.</p> <p>For the purposes of this Privacy Policy, we acts as the Data Controller of your personal data.</p> <P>Any translation of the English version of this Privacy Policy is provided solely for your convenience. In case of any differences between the English version and any other translation, the English version shall prevail and shall be the only legally binding version.</P> <p>If you do not want us to process your personal data as it is described in this Privacy Policy, please do not use our Services.</p> <p> It is important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement which takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement.</p> <p>NOTICE TO USER: In order to download, install, access or use the App, you must be eighteen (18) years of age or older.</p> <p> IF YOU DO NOT AGREE WITH (DO NOT ACCEPT) THIS AGREEMENT, OR IF YOU DO NOT AGREE AT LEAST WITH ONE OF THE PROVISIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO, AND YOU MAY NOT ACCESS, DOWNLOAD, INSTALL OR USE THE APP AND YOU MUST PROMPTLY DISCONTINUE DOWNLOADING, INSTALLING THE APP AND REMOVE (DELETE) THE APP FROM ANY MOBILE DEVICE IN YOUR POSSESSION OR UNDER YOUR CONTROL.</p> <p> This Terms and Conditions only grants you the right to use the “Fancy Face - Face Yoga” to benefit from Services within the scope defined herein. You’re not allowed to copy, or modify the Fancy Face - Face Yoga, any part of the Fancy Face - Face Yoga, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the “Fancy Face - Face Yoga”, and you also should not try to translate the “Fancy Face - Face Yoga” into other languages, or make derivative versions. The “Fancy Face - Face Yoga” itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, still belong Mobilio LTD.</p> <p>Any person under the age of thirteen (13) years is not permitted to download, install, access or use the App.</p> <p> NOTICE TO PARENTS AND LEGAL GUARDIANS: BY GRANTING YOUR CHILD APPROVAL TO DOWNLOAD, INSTALL, USE, ACCESS, REGISTER WITH, IN-APP PURCHASE THE MOBILIO LTD APPS, YOU HEREBY AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOUR CHILD. YOU ARE RESPONSIBLE FOR EXERCISING SUPERVISION OVER YOUR CHILD’S ANY ONLINE AND OFF-LINE ACTIVITIES OR OMISSIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT LET YOUR CHILD USE OUR APPS OR ASSOCIATED FEATURES. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 18 AND BELIEVE THAT HE OR SHE IS USING OUR APPS WITHOUT YOUR PRIOR APPROVAL. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by their parent or guardian to use the App, so if you are between the ages of thirteen (13) and seventeen (17) years and you wish to use, download, install, access the App, before doing so you must: (a) assure and confirm (if needed) that your parent or guardian have read and agree (get your parent or guardian’s consent) to this Agreement prior to you using the App; (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.</p> <p>Parents and guardians must directly supervise any use of the App by minors. It is the sole responsibility of parents and guardians to prevent any unauthorized, irrelevant, indecent and/or immoral use of the App by their minors who have not reached the age of majority or legal age in the applicable jurisdiction.</p> <p>PLEASE CONTACT US AT support@fancy.care.</p> <h2>2. PARTIES</h2> <p>This Agreement is concluded between Mobilio LTD, Moballiance LTD and Jomapp LLC and you, as the User, who downloaded and/ or installed through the Apple App Store; and executed and mutually entered into force upon the online approval of the User. Mobilio LTD, Moballiance LTD and Jomapp LLC and the User shall be hereinafter referred to individually as the “Party” and collectively as the “Parties”. By downloading and/or installing the our App through the Apple App Store, the User agrees, undertakes and represents that he/she has read all the terms herein, understood all the contents and approved all provisions.</p> <h2>3. CHANGES TO THIS AGREEMENT</h2> <p>We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted.</p> <h2>4. PURPOSE OF USE</h2> <p>The application is designed for educational purposes. A full list of features can be found on the Application's page in the App Store. The App is intended only for your personal non-commercial use. You shall use the App only for the purposes mentioned above.</p> <h2>5. PRIVACY POLICY</h2> <p>Your privacy is very important to us. Accordingly, we have developed the Privacy Policy in order for you to understand how we process, use and store information including personal data. Access to the App and use of the Services are subject to the Privacy Policy. By accessing the App and by continuing to use the Services, you are deemed to have accepted the Privacy Policy, and in particular, you are deemed to have acknowledged the ways we process your information as well as appropriate legal grounds for processing described in the Privacy Policy. We reserve the right to amend the Privacy Policy from time to time. If you disagree with any part of the Privacy Policy, you must immediately stop using the App and Services.</p> <h2>6. END USER LICENSE AGREEMENT</h2> <p>By using the App, you undertake to respect our intellectual rights (intellectual rights related to the App’s source code, UI/UX design, content material, copyright and trademarks, hereinafter referred to as the “Intellectual Property Rights”) as well as those owned by third parties.</p> <p>As long as you keep using the App, we grant you a limited, non-exclusive, non-transferable, non- sublicensable, non-assignable and revocable right to access and use the App pursuant to this Agreement (the “License”).</p> <p>All rights, title and interest in and to the App and its content, works and means of individualization as well as its functionalities are the exclusive property of Mobilio LTD and/or our partners and/ or contracted third parties, are protected by the applicable international and national legal provisions, and are under no circumstances transferred (assigned) to you in full or in part within the context of the license here within.</p> <p>All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.</p> <h2>7. THIRD PARTIES’ MATERIALS AND TOOLS</h2> <p>You recognize and consent to the fact that the accessibility of the App relies on the third-party source through which you obtained the App. The Website may contain links to third party websites or resources and advertisements for third parties. Such Third Party Ads are not under the control of the Mobilio LTD, Moballiance LTD and Jomapp LLC and we are not responsible for any Third Party Ads. When you link to a third party site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. Our inclusion of such hyperlinks in our Platforms does not imply any endorsement of the material or the views expressed within them.</p> <h2>8. UNINSTALL AND REMOVAL</h2> <p>Uninstallation and removal procedures vary depending on your device. To uninstall and remove Apps, please use the application manager provided with your device or consult your device manual for further reference.</p> <h2>9. SECURITY</h2> <p>Mobilio LTD, Moballiance LTD and Jomapp LLC Apps, like other technologies in the relevant market, may not provide complete security. By accepting this Agreement, you acknowledge and agree that the Mobilio LTD, Moballiance LTD and Jomapp LLC Apps and any information you download or share through them may be vulnerable to unauthorized access, interception, corruption, damage, or misuse, and cannot be considered completely secure. You assume all responsibility for such security risks and any resulting damages. It is your sole responsibility to secure your mobile device from unauthorized access or cyber-attacks. We will not be held liable for any unauthorized access to your mobile device or the data within the app.</p> <h2>10. RESTRICTIONS</h2> <p>Unless you have obtained our prior written consent you must refrain from:</p> <p> - Copying “Fancy Face - Face Yoga”, except as part of their regular usage or when necessary for creating backups or ensuring operational security.</p> <p>- Altering or translating our App in part or in entirety, or merging our App with any other object code or program.</p> <p>- Engaging in reverse engineering, decompiling, disassembling, converting the object code of our App into source code, or attempting to generate derivative works based on our App in whole or part, unless permitted by relevant law.</p> <p>You agree not to use the App in a way that is unlawful, illegal or unauthorized or that can harm anyone, i.e.:</p> <p>- is defamatory of any other person, obscene or otherwise offensive;</p> <p> - infringes any copyright, database right or trademark of any other person or entity; - advocates, promotes or assists any unlawful act.</p> <p>We are not responsible for the way you use the App. If your behavior is reported to violate these terms, we may take any legal measures pursuant to the applicable laws.</p> <p>IT IS ALSO STRICTLY PROHIBITED TO USE ANY COPYRIGHTED AND/OR TRADEMARKED MATERIALS AS INPUT CONTENT OR WHEN YOU ENTER ANY OTHER DATA WHILE USING THE APP.</p> <h2>11. SUBSCRIPTIONS</h2> <p>11.1. Free or Paid Trial. We may offer a trial subscription, either free or for a small fee. Unless you cancel before the trial period ends, you will be automatically charged the price displayed on the payment screen and/or in the Apple/Google payment pop-up for the subscription period you selected. If a trial is available, it will be clearly indicated on the price screen before checkout. If no trial is mentioned, your subscription purchase will proceed without a trial period. Occasionally, we may also offer discounted plans that renew at the standard, non-discounted rate, as well as other promotional offers that might interest you.</p> <p>Subscriptions auto-renew even if you are not actively using the App. </p> <p>11.2. Payment Method. Payment will be charged to the payment method provided at the time of purchase. This occurs upon purchase confirmation (e.g., via single-touch identification, facial recognition, entering payment details on the web, or accepting subscription terms shown on the payment screen, Apple/Google pop-up, or our website) or at the end of the trial period, if applicable. By subscribing, you authorize us to charge the applicable subscription fees to the payment method you used.</p> <p>11.3. Billing. You can purchase a FancyFace regular subscription either through the Apple App Store, Google Play Store, or directly via FancyFace’s website. Commitment subscriptions, however, are available exclusively through FancyFace’s website. If you purchase a regular subscription via the app stores, the payment will be processed through your Apple or Google Play account and charged to your credit or debit card once you select a subscription and confirm the purchase. For purchases made on our website, payment will be charged to your credit/debit card or PayPal account after you select a subscription and confirm your purchase. When your subscription auto-renews, the payment will be charged at the start of each billing period using the same payment method as the initial purchase. By subscribing, you authorize us to charge the applicable fees to this payment method.</p> <p>11.4. Introductory Offers. We may provide an introductory offer, allowing users to experience premium features at a discounted rate for a limited time as part of the subscription. This introductory offer is considered part of the subscription period, including for purposes such as cancellation within any applicable cooling-off period (if available). During the introductory offer, you may cancel your subscription no later than 24 hours before the offer period ends. If you do not cancel, your subscription will automatically continue at the standard rate, and the normal subscription price will be charged accordingly.</p> <p>11.5. Renewal and Cancellation. Your paid subscription will automatically renew at the end of the subscription period unless canceled beforehand. To prevent unexpected charges, follow these steps based on how you purchased your subscription:</p> <p>- Website Purchases: If you subscribed through our website, you can cancel the auto-renewal anytime before the renewal date by contacting us at support@fancy.care;</p> <p>- Apple App Store Purchases: If your subscription was purchased via the Apple App Store, you can cancel auto-renewals by navigating to "Manage App Subscriptions" in your Apple account settings, selecting the subscription you wish to manage, or by using the functionality currently provided by Apple;</p> <p>- Google Play Store Purchases: If your subscription was purchased via the Google Play Store, you can cancel auto-renewals in the account settings under the "Subscriptions" tab in the Google Play app or by following the cancellation process provided by Google Play.</p> <p>Please note that deleting the mobile application does not automatically cancel your subscription. Ensure you cancel your subscription before removing the app to avoid being charged further.</p> <p>For assistance or questions, contact our support team at support@fancy.care for detailed cancellation instructions.</p> <p>11.6. Refunds. Your eligibility for a refund depends on how you purchased your subscription:</p> <p>- Website Purchases: Subscriptions purchased through our website are generally non-refundable. However, refunds may be issued in certain cases, such as meeting specific criteria outlined in our Refund Policy or where applicable laws in your jurisdiction provide a cooling-off period. For more details, please review our Refund Policy;</p> <p>- Apple App Store or Google Play Store Purchases: Subscriptions bought via the Apple App Store are governed by Apple’s refund policies, and those bought via the Google Play Store are subject to Google Play’s refund policies. As a result, we are unable to process refunds for subscriptions purchased through these platforms. To request a refund, please contact Apple Support or Google Play Support directly.</p> <p>A refund can usually be claimed only during the subscription period. If the subscription period has expired before your refund request, we will not be able to provide you with a refund.</p> <p>11.7. Changes. We reserve the right to update our subscription plans, including recurring fees, and will notify you of any changes in advance. Adjusted pricing will take effect at the beginning of the next subscription period after the change is announced. By continuing to use the subscription after the new pricing takes effect, you accept the updated rate. If you do not agree with the price change, you can cancel your subscription at least 24 hours before the end of the current term to avoid further charges.</p> <p>11.8. Taxes. Tax rates and other applicable fees are determined based on the rates in effect at the time of billing. These rates may change over time due to local tax regulations in your region, city, state, or country. Any changes to the applicable tax rates will be automatically applied using the account information you have provided.</p> <h2>12. REFUND FOR COMPLETED CHALLENGE</h2> <p>From time to time, we may offer various challenges. If you purchase a subscription on our site with the promotional offer “Complete Your 4-Week Program and Get a Full Refund” (referred to as the "Challenge"), you may qualify for a refund, provided you meet all the conditions outlined below:</p> <h4>Challenge Completion Requirements</h4> <h4>Examples:</h4> <p>Eligible for Refund: If you purchased a subscription on April 1, started the Challenge on April 10, and completed it for 28 consecutive days, you are entitled to a refund.</p> <p>Not Eligible: If you purchased a subscription on April 1, started the Challenge on April 10, completed 14 consecutive days, missed a day, and then completed another 14 consecutive days, you do not qualify since the requirement for consecutive completion was not met.</p> <p>Not Eligible: If you purchased a subscription on April 1, started the Challenge on August 1, and completed 28 consecutive days, you are not entitled to a refund because the Challenge was not completed within the 60-day time frame.</p> <p>Not Eligible: If you purchased a subscription without the promotional offer “Complete Your 4-Week Program and Get a Full Refund” and completed the Challenge for 28 consecutive days, you are not eligible for a refund since the offer was not available for your subscription.</p> <h4>Requesting a Refund</h4> <p>After completing the Challenge as stated above, you must contact us within thirty (30) calendar days by emailing us at support@fancy.care. </p> <p>Your request must include:</p> <ul> <li>The email address used to purchase the subscription.</li> <li>A brief description of the reason for the refund.</li> <li>A screenshot from the app showing that you have completed at least three training programs.</li> </ul> <h4>Examples:</h4> <p>Eligible for Refund: If you purchased a subscription on April 1, started the Challenge on April 10, completed it for 28 consecutive days, and contacted us via the contact form with all the required information, you are entitled to a refund.</p> <p>Not Eligible: If you failed to attach a correct screenshot, you are not entitled to a refund.</p> <p>Not Eligible: If you contacted us through a different method or failed to use the contact form, you do not qualify for a refund.</p> <p>Not Eligible: If you did not provide your email address or a brief description of the refund reason, you are not entitled to a refund.</p> <h4>Refund Details</h4> <p>The maximum refund amount for the Challenge is 60.00 (sixty) US dollars.</p> <p>Refunds apply only to the first subscription payment. You acknowledge and agree that no subsequent payments (e.g. payment for renewal (extension) of a subscription, payment for additional and/or special offers of goods and/or services (upsell offers) and others) are non-refundable.</p> <p>The refund will be made to the same account used for purchasing your subscription.</p> <h4>Challenge Participation Rules</h4> <p>Each user can participate in the Challenge only once. If you receive a refund for completing the Challenge, you will not be eligible for a refund again.</p> <p>Violations of other terms may result in disqualification from receiving a refund.</p> <h4>Auto-Renewal of Subscription</h4> <p>If you do not cancel the automatic renewal of your subscription, your subscription will automatically renew on the day the selected introductory plan expires. To cancel your subscription, please send us an email support@fancy.care.</p> <h2>13. DISPUTES</h2> <p>If, at any time, we detect a decline, chargeback, or any other rejection of a payment for fees associated with your Account (a “Dispute”), it will be considered a breach of your payment obligations under this Agreement. As a result, your access to our Platforms may be automatically disabled or terminated.</p> <p>In the event of a Dispute, your Account may be permanently blocked, without the option to re-purchase or regain access, and any data associated with the Account may be subject to deletion.</p> <p>If you have questions or concerns about a payment made to us, we strongly encourage you to contact our customer support team before initiating a Dispute or reversing a payment. This can help avoid cancellation of your purchased subscriptions, suspension of your Account, or submission of an incorrect or unwarranted Dispute. Submitting such a Dispute may make you liable for any applicable fees, including repayment of fees for the purchased subscriptions and the Dispute itself. </p> <h2>14. DISCLAIMER OF WARRANTIES</h2> <p>You agree that your use of the app and its services shall be at your sole risk. The services and all the materials, information, software, content integrated in the app are provided “as is” and “as available”. We do not make any warranties of any kind, either express or implied, with regard to the merchantability, technical compatibility or fitness for a particular purpose of any service, products or material provided pursuant to this agreement. We do not warrant that the functions contained on or through the services will be available, uninterrupted or error-free, that defects will be corrected, or that the services or the servers that make the service available are free of viruses or other harmful components.</p> <p>Without limitation, Mobilio LTD, Moballiance LTD and Jomapp LLC makes no warranty that Mobilio LTD, Moballiance LTD and Jomapp LLC Apps will meet your requirements, that they will be uninterrupted, timely, secure or error-free, that the results obtained from the use of Mobilio LTD, Moballiance LTD and Jomapp LLC products will be accurate or reliable or that the quality of Mobilio LTD, Moballiance LTD and Jomapp LLC Apps will meet your expectations.</p> <p>Mobilio LTD, Moballiance LTD and Jomapp LLC ARE NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP “Fancy Face - Face Yoga” IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS. The App “FancyFace - Face Yoga” is offered for informational purposes only, and in no way intends to diagnose, cure, or treat any medical or other condition.</p> <p>Please note that you must always consult with a doctor, your physician or other qualified health before committing to any kind of training program or any dietary changes. We disclaim liability for any errors or omissions, or for unintended technical inaccuracies, or typographical errors in the provided materials.</p> <h2>15. GOVERNING LAW AND CLAIMS</h2> <p>These Terms shall be governed in accordance with the laws of England and Wales (excluding its body of law governing conflicts of law). In the event that, for any reason, an action concerning a dispute under these terms is not subjected to arbitration, each party agrees to the sole jurisdiction of the courts of England and Wales to resolve any conflicts that might emerge from or be associated with these terms. Consequently, legal proceedings must be initiated in these courts. <p>If you are a resident of the European Union nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live. If any dispute arises under these Terms and Conditions, you have the option to present it to the appropriate court in your country of habitual residence, provided that your habitual residence is within an EU Member State. These courts, and no others, possess the authority to resolve such disputes.</p> <p>You agree that the Services, Terms, and any dispute between you and Mobilio LTD, Moballiance LTD and Jomapp LLC shall be governed in all respects by laws of the USA, England and Wales, without regard to choice of law provisions, and not by the 1980 UN Convention on Contracts for the International Sale of Goods.</p> <h2>CONTACT US</h2> <p>If you have any questions about these Terms and Conditions, you can contact us at support@fancy.care.</p> </body> </html>