1. Definitions
In these Terms of Service:
- "Application" or "App" means the Cobaltic software application for Android.
- "Developer", "we", "us", or "our" means ITM Sys-Technology Kft. (registered address: Kossuth Lajos utca 73., 3128 Vizslás, Hungary; company registration number: 12-09-012058; VAT number: HU32009644; email: cobalticsoft@gmail.com).
- "You" or "User" means the individual who purchases and/or uses the Application.
- "License" means the right to use the Application as granted under these Terms.
- "Purchase" means the one-time payment made through Google Play Store to obtain a License.
2. License Grant and Restrictions
Subject to your compliance with these Terms and payment of the applicable purchase price, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the Application on Android devices that you own or control, solely for your personal, non-commercial purposes.
You may not:
- Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Application
- Transfer, sell, sublicense, rent, lease, or otherwise distribute the Application or your License to any third party
- Remove, alter, or obscure any proprietary notices (including copyright notices) in or on the Application
- Use the Application for any unlawful purpose or in violation of any applicable laws or regulations
- Circumvent any technical measures designed to protect the Application
3. Purchase, Pricing, and Refunds
The Application is a paid software product. Access requires a one-time purchase through the Google Play Store. The purchase price is set by the Developer and displayed in the Google Play Store at the time of purchase.
Refund policy: Refunds are governed exclusively by Google Play Store's refund policy. The Developer does not independently process refund requests. No refund is guaranteed beyond what Google Play Store's policies provide. By completing your purchase, you acknowledge that you have had an adequate opportunity to review the Application's description, screenshots, and available information prior to purchase.
No subscription: The current version of the Application is sold as a one-time purchase with no recurring fees. Future major versions may be priced separately at the Developer's discretion.
4. Intellectual Property
The Application and all copies thereof are proprietary to the Developer and title thereto remains in the Developer. All rights in the Application not specifically granted in these Terms are reserved to the Developer. The Application is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Your data (financial records, budgets, lists, and other content you create within the Application) remains your property. The Developer makes no claim of ownership over your data.
5. No Professional Advice
6. Disclaimer of Warranties
The Application operates fully offline, and the Developer has no access whatsoever to your data. Accordingly, all risks relating to data handling lie solely with the user.
THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
- WARRANTIES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
- WARRANTIES THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CALCULATIONS, DATA, OR INFORMATION DISPLAYED BY THE APPLICATION
- WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE APPLICATION WILL BE CORRECTED
You assume all risk associated with the use of the Application. Some jurisdictions do not allow the exclusion of implied warranties; in such cases, the above exclusions apply to the fullest extent permitted by law.
The user acknowledges that, due to the offline nature of the Application, the risk of any errors, interruptions, or data loss lies entirely with the user.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES
- LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL
- LOSS OF OR DAMAGE TO DATA STORED IN THE APPLICATION
- COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES
- FINANCIAL LOSSES ARISING FROM RELIANCE ON THE APPLICATION'S CALCULATIONS OR SUMMARIES
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO YOUR DEVICE OR EXPORTED DATA
- DAMAGES ARISING FROM DEVICE LOSS, THEFT, OR HARDWARE/SOFTWARE FAILURE
- DAMAGES ARISING FROM ANDROID OPERATING SYSTEM VULNERABILITIES OR FAILURES
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, THE DEVELOPER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL CASES, THE DEVELOPER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APPLICATION SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
The Application serves merely as a tool and does not constitute a data processing system operated by the Developer. The Developer does not guarantee the security of the data stored in the Application, as such data is handled exclusively on the user's device.
8. User Responsibilities and Data
You are solely and exclusively responsible for:
- The accuracy, completeness, and legality of all data you enter into the Application
- Maintaining regular backups of your data using the Application's built-in export and backup features
- The physical security of your device and any PIN or biometric lock protecting the Application
- The security and handling of any files exported from the Application
- All financial, tax, or other decisions you make, regardless of any information displayed by the Application
- Compliance with all applicable local, national, and international laws regarding your financial records
The user acknowledges that the data handled within the Application is stored exclusively on their own device, and the user is fully responsible for such data handling.
The Developer strongly recommends making regular backups using the Application's encrypted backup (.scb) feature. The Developer accepts no liability for data loss resulting from device failure, accidental deletion, or any other cause.
9. Indemnification
You agree to indemnify, defend, and hold harmless the Developer from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use or misuse of the Application; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any financial decisions or actions you take based on information provided by the Application.
10. Updates and Modifications
The Developer may, at its sole discretion, release updates, patches, or new versions of the Application from time to time via the Google Play Store. Such updates may add, modify, or remove features. The Developer reserves the right to modify or discontinue the Application (or any part thereof) at any time without notice. The Developer shall not be liable to you or any third party for any such modification, suspension, or discontinuation.
The Developer reserves the right to modify these Terms at any time. Modified Terms will be posted at this URL with an updated date. Your continued use of the Application after any such changes constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must stop using the Application.
11. Termination
These Terms are effective until terminated. Your rights under these Terms will terminate automatically and without notice if you fail to comply with any provision of these Terms. Upon termination, you must cease all use of the Application and destroy all copies in your possession. The Developer may also terminate or suspend your License at any time for any reason. Sections 4, 5, 6, 7, 9, and 13 of these Terms shall survive any termination.
12. Third-Party Platforms
The Application is distributed through the Google Play Store. Your purchase and use of the Application is also subject to Google Play Store's Terms of Service and applicable Google policies. In the event of any conflict between these Terms and Google Play Store's terms regarding the Application, Google Play Store's terms shall govern solely with respect to distribution and payment matters.
The Application uses Google ML Kit Text Recognition on-device. This is a local library; no data is sent to Google. However, you acknowledge that Google ML Kit is a third-party component and the Developer makes no warranties regarding its accuracy or continued availability.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Hungary, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
Due to the offline nature of the Application, any dispute, controversy, or claim arising out of these Terms or the use of the Application shall first be attempted to be resolved through good-faith negotiation between the parties. If such negotiation fails, the dispute shall be submitted to the exclusive jurisdiction of the competent courts of Hungary.
EU/EEA consumers: Nothing in these Terms affects your statutory rights as a consumer under the mandatory consumer protection laws of your country of residence. The EU Online Dispute Resolution platform is also available; however, due to the offline operation of the Application, disputes will typically relate to installation, use, or licence terms.
14. Severability and Entire Agreement
If any provision of these Terms is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Developer with respect to the Application and supersede all prior or contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written.
15. Contact
For questions about these Terms of Service, please contact us:
- ITM Sys-Technology Kft.
- Kossuth Lajos utca 73., 3128 Vizslás, Hungary
- Company reg. no.: 12-09-012058 | VAT: HU32009644
- Email: cobalticsoft@gmail.com