Terms and Conditions of Use for the iSpace 3.0 application
Last Update: February 10, 2024
These Terms and Conditions govern:
- the use of iSpace 3.0 and
- any other related Agreement or legal relationship with Owner.
Definitions of words beginning with capital letters are found in the appropriate section of this document.
User should read this document carefully. Owner offers the Products through the App Store and Google Play. Although the entire contractual legal relationship with respect to these Products is solely between Owner and Users, Users acknowledge and agree that Apple or Google may enforce these Terms as a third party beneficiary.
Owner's contact e-mail address is developer.ispace@gmail.com
Definitions of terms and references to legal provisions
iSpace 3.0 (or Application)
Property that supports the provision of the Service.
Agreement
Any legally binding or contractual relationship between Owner and User governed by these Terms.
European (or Europe)
Applicable when the User is physically located or owns a registered office in the EU, regardless of nationality.
Owner (or We)
Reflects the individual(s) or entity that provides iSpace 3.0 and/or the Service to Users.
Product
A product or service available for purchase through iSpace 3.0, such as, for example, physical goods, digital files, software, booking services, etc.
The sale of Products may be part of the Service.
Service
The Service provided by iSpace 3.0 as described in these Terms and iSpace 3.0.
Terms
All provisions applicable to the use of iSpace 3.0 and/or the Service as described herein, including any other documents or agreements updated from time to time.
User (or You)
Reflects any person or entity using iSpace 3.0.
Terms of Use
Unless otherwise provided, the terms of use specified in this section apply when using iSpace 3.0. Separate or additional terms of use or access may apply in certain scenarios and in such cases are further reflected herein.
By using iSpace 3.0, Users certify that they meet the following requirements:
- Users are not located in a state embargoed by the U.S. Government or considered by the U.S. Government to be a "terrorism supporting" state;
- Users are not on any U.S. Government list of prohibited or restricted persons.
iSpace 3.0 Content
Unless otherwise stated or made expressly recognizable, all content available on iSpace 3.0 is owned and provided by the Owner or its licensees.
The Owner makes every effort to ensure that the content available on iSpace 3.0 does not violate any legal provisions or the rights of third parties. However, this goal may not always be achieved.
In such cases, without prejudice to any ability of Users to exercise their rights, Users are encouraged to file appropriate complaints at the contact details provided herein.
Rights with respect to iSpace 3.0 content
Owner owns and retains all intellectual property rights in such content.
Users, therefore, may not use such content in a manner that is not necessary or expressly inherent in the use of the Service.
In particular, but without limitation, Users may not copy, download, share (outside of the restrictions set forth below), modify, translate, transform, publish, broadcast, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from content available on iSpace 3.0, nor may Users authorize these actions to any third party through User or their device, including without User's knowledge.
When expressly stated in iSpace 3.0, User may download, copy and/or share portions of the content available in iSpace 3.0 for its personal and non-commercial use and provided that all attributes of exclusive rights and other attributes specified by Owner as mandatory are met.
Any applicable statutory limitations or exceptions to exclusive rights are not affected.
Access to external resources
Through iSpace 3.0, Users may have access to external resources provided by third parties. Users are advised and accept that Owner has no control over these resources and thus is not responsible for their content or availability. The terms and conditions applicable to any resources provided by third parties, including those applicable to the granting of rights to content, are derived from the terms and conditions of those third parties or, in the absence thereof, from applicable law.
Acceptable Use
iSpace 3.0 and the Service may be used only to the extent permitted by these Terms and applicable law.
Users are solely responsible for verifying that their use of iSpace 3.0 and/or the Service does not violate applicable law, other regulations or the rights of third parties.
Terms of Sale
Paid Products
Some of the Products provided in iSpace 3.0 as part of the Service are provided subject to payment.
The fees, duration, and terms and conditions applicable to the purchase of such Products are described in specific sections of iSpace 3.0.
Product Description
Prices, descriptions or availability of Products are set forth in the applicable sections of iSpace 3.0 and are subject to change without notice.
Although the Products in iSpace 3.0 are represented as accurately as technically possible, descriptions by photos, images, colors, sounds or any other means are for informational purposes only and do not imply any guarantee of the characteristics of the Product being purchased.
The characteristics of the Product selected will be set forth during the purchase process.
Placing an order
When the User places an order, the following applies:
- Placing an order determines the conclusion of a contract and therefore creates an obligation for the User to pay the purchase price, taxes and any fees and costs that may arise thereafter, as indicated on the order page.
- In the event that the Product to be purchased requires the User to perform actions, such as providing personal information or data, descriptions or special requests, placing an order imposes an obligation on the User to perform the said actions.
- After placing an order, Users will receive a notification confirming that the order has been received.
Payment Methods
Information relating to the payment methods used must be available during the purchase process. All payments are processed independently through third party services.
Consequently, iSpace 3.0 does not collect any payment information - such as credit card details - but only receives notification that a payment has been successfully made.
If a payment through the available services is not made or is refused by the payment service provider, the Owner is not obliged to fulfill the purchase order. All possible costs and fees for the failed payment shall be borne by the User.
Purchase via App Store or Play Market
iSpace 3.0 or individual Products available for sale in iSpace 3.0 must be purchased through a third party app store. To access such purchases, Users must follow the instructions provided in the applicable online store (such as the "Apple App Store" or "Google Play"), which may vary depending on the device used.
Unless otherwise provided, purchases through third party online stores are subject to the terms and conditions of such third parties, which, in the event of any inconsistencies and contradictions, will always have greater force than these Terms and Conditions.
Users making a purchase through third party online stores should accordingly carefully familiarize themselves with such terms and conditions of sale and accept them.
Provision of services
The purchased service must be provided or made available immediately upon successful completion of the order.
Contract validity
Trial Period
Users have the opportunity to test iSpace 3.0 or selected Products during a limited and non-renewable trial period, without charge. Certain features or functions of iSpace 3.0 may not be available to Users during the trial period.
The remaining terms and conditions applicable to the trial period, including its duration, will be specified in iSpace 3.0.
The trial period will automatically convert to a paid Product unless User cancels the trial period prior to its expiration.
Subscriptions
Subscriptions allow Users to receive the Product continuously or regularly over a period of time.
Paid subscriptions begin on the date payment is received by the Owner.
In order to maintain subscriptions, Users must pay the required recurring payment in a timely manner. Failure to do so may result in service interruptions.
Subscriptions via Apple ID
Users may subscribe to a Product using the Apple ID associated with their Apple App Store account using the appropriate process on iSpace 3.0. By doing so, User acknowledges and accepts that:
- any payment due will be charged to their Apple ID account;
- subscriptions will automatically renew for the same term unless canceled by User at least 24 hours prior to the expiration of the paid period;
- any subscription renewal fees or payments will be charged within 24 hours prior to the end of the current period;
- User may manage or cancel subscriptions in their Apple App Store account settings.
The foregoing will take precedence over any conflicting or varying provisions of these Terms.
Termination
Reproducible subscriptions may be terminated at any time by giving the Owner clear and unambiguous notice of termination using the contact details provided herein, or - if applicable - by using the management tool within iSpace 3.0.
General Provisions
No Waiver
Owner's failure to exercise any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver of such term or any other term.
Suspension of the Service
In order to ensure the highest possible level of service, the Owner reserves the right to suspend the operation of the Service for maintenance work, system upgrades or other changes, properly informing Users.
Subject to legal requirements, the Owner may also decide to suspend and completely terminate the Service. If the Service is terminated, the Owner shall interact with Users to provide them with the opportunity to retrieve their Personal Data or information as required by applicable law.
Additionally, the Service may be unavailable for reasons beyond Owner's reasonable control, such as "Force Majeure" (e.g., strikes, infrastructure failures or blackouts, etc.)
Resale of the Service
Users may not reproduce, duplicate, copy, sell or use any part of iSpace 3.0 and its Service without the prior express written consent of the Owner, provided either by the Owner directly or through a lawfully valid resale program.
Terms and Conditions of the iSpace 3.0 Application
To learn more about the use of their personal data, Users may refer to the iSpace 3.0 Privacy Policy.
Intellectual Property Rights
Without prejudice to the narrower provision of these Terms and Conditions, any intellectual property rights such as exclusive rights, trademark rights, patent rights and design rights relating to iSpace 3.0 are the exclusive property of the Owner or its licensees and are subject to the protections afforded by applicable law or international treaties regarding intellectual property.
All trademarks, whether word or image, and all other marks, trade names, service marks, word marks, illustrations, images and logos appearing in connection with iSpace 3.0 are and shall remain the exclusive property of Owner or its licensees and are subject to the protections afforded by applicable law or international treaties relating to intellectual property.
Changes to these Terms and Conditions
The Owner reserves the right to edit or otherwise modify these Terms and Conditions at any time. In such cases, the Owner shall duly notify the User of the changes.
Such changes affect the relationship with the User only in respect of a future period.
Continued use of the Service will constitute the User's acceptance of the modified Terms. If Users do not want to be bound by the changes, they must stop using the Service. Refusal to accept the modified Terms may entitle either party to terminate the Agreement.
The applicable earlier version governs the relationship of the parties until the User accepts the changes. User may obtain any earlier version from Owner.
If required by applicable law, the Owner shall specify the date on which the amended Terms will become effective.
Assignment of Contract
The Owner reserves the right to transfer, assign, dispose of by novation or subcontract any rights or obligations under these Terms, taking into account the User's legitimate interest in maintaining the account.
Similarly, provisions regarding modifications to these Terms shall apply.
Users may not in any way assign or transfer the rights and obligations under these Terms without the Owner's consent.
Communications
All communications relating to the use of iSpace 3.0 should be made using the contact information provided in this document.
Severability
If any provision of these Terms is or becomes invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.