Terms & Conditions

TERMS AND CONDITIONS OF USE

The Terms and Conditions of Use for Undo was last updated in April, 2023.

Undo is developed and run by Malkarak OÜ (“Malkarak OÜ”, ”us”, “we”, or “our”). We are based at our registered address of Malkarak OÜ, (registry code 14435552 and VAT number EE102055348).

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”, “Terms of Service”, “Terms of Use”) carefully before clicking the “I Agree” button, downloading or using the Undo application (“Application” Undo account (“Account”).

When you click on the “I Agree” button, download or use the Application or Account, you are then agreeing to be bound by the terms and conditions of this Agreement. This is a legal agreement between you (either as an individual or an entity) and Malkarak OÜ and it governs your use of the Application and the (optional) Account made available to you by Malkarak OÜ.

If you do not wish to agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the Application.

Malkarak OÜ manages your account. Your use of the Application is subject to Malkarak OÜ’s Privacy Policy. For more details on how we manage data please see our Privacy Policy.

PRIVACY POLICY: Malkarak OÜ collects, stores, maintains, and shares your personal information in accordance with our Privacy Policy that is available at www.undoapp.com/privacy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

INTELLECTUAL PROPERTY

The Application is the intellectual property of Malkarak OÜ, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights that are, and shall remain, the sole and exclusive property of Malkarak OÜ.

By agreeing to these terms and conditions you agree to not replicate, reproduce copy Undo or any part of it. You also agree to not share Undo or any part of it with third parties except as allowed by us within the Application.

If you breach any of these terms, you lose the right to use our Application, and must destroy or return any copies you have made of the application or any part of it. We may cancel any account you hold with us at any time. You may also be liable for legal recourse by Malkarak OÜ.

END USER LICENSE AGREEMENT: Malkarak OÜ grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement. You agree to the use of the Application on this basis.

ACCEPTABLE USE GUIDELINES

There are rules and standards that you comply with in connection with your use of the Application. As a user of any of the Application services, you agree with the guidelines in these Terms, and you acknowledge that Malkarak OÜ has the right to enforce those guidelines as it deems appropriate in its sole discretion. This means that if you, or anyone using your account or identifying information, breach these Terms, Malkarak may take any and all actions that Malkarak OÜ deems necessary or appropriate. Malkarak OÜ may terminate or suspend your account immediately, without prior notice or liability. Malkarak OÜ may not be required to provide notice prior to terminating your right to use the Application for breach of these Terms, but it may choose to do so (subject to applicable local and non-local laws).

Use of Undo requires your full attention. Undo should not be used when driving, operating heavy machinery, or any other activity which requires your full concentration to avoid harming yourself or others.

Undo is for use by people over the age of 18. People under the age of 18 must only use Undo with the consent and involvement of a parent or guardian. This use also applies to any Undo content designed for children and young people under the age of 18.

MEDICAL, HEALTH AND WELLBEING DISCLAIMER: You accept that you take full personal responsibility for any effect that the Application and its content may have on you.

Undo is not made for therapeutic use and is not to be used for that purpose. If you have any diagnosed or suspected mental health issues or wish to use any information contained in the Application, you should consult a qualified professional before downloading or using the Application or viewing any of the content.

You accept that the usage of Undo does not guarantee an improvement in your personal wellbeing. You recognise that an improvement in personal wellbeing takes significant effort on your part in order to provide beneficial results.

The author and the publisher disclaim responsibility for any adverse effects resulting directly or indirectly from your use of Undo.

INDEMNITY: You agree to waive any claims you may have against Malkarak OÜ and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) and to hold Malkarak OÜ harmless and indemnify Malkarak OÜ from any claim or demand, including legal fees, due to or arising out of your: (a) use of the Application; (b) non-compliance with this Agreement or any law or regulation or rule; or (c) violation of any right of a third party.

DEVICES AND OPERATING SYSTEMS: Undo requires either an Apple iOS device or an Android device to operate the mobile application. The Android Undo application will operate on Android devices using the operating system 5+ or more recent. The iOS Undo application will operate on Apple devices using the operating system iOS 10+ or more recent.

We reserve the right to change the versions of the operating systems that Undo is compatible with. This means that over time, some devices and operating systems may not be able to access the latest version of Undo.

ACCOUNT CREATION: You can use Undo without creating an account. Creating an account and paying the related subscription grants you full access to all of the Undo mobile application features. You can create your account and manage your account anytime within the Undo mobile application.

You do not have to subscribe to use Undo, although not all functions will be available to you if you do not subscribe. You can listen to and read limited content by registering your email address and name. To use all of the Undo application functions and features you must subscribe.

You are responsible for the security and safety of your password used to access the Service and for any activities or actions undertaken using your password, whether your password is used with our Service or a third-party service. You agree not to and must not disclose your password to any third party or allow a third party to use our Service. You must notify us immediately upon becoming aware of or have any concerns regarding a breach of security or unauthorised use of your account.

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to provide us with correct information, notify us of a data breach or unauthorised use of your account constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

Terminating your account: You can terminate your Undo account at anytime within the application. Terminating your account will remove your account and all your details from the Undo app. Account termination cannot be reversed.

Please note terminating your account does not cancel any recurring payment you might have set up for membership. This has to be actioned through your iOS App Store account, Google Play Store or other app store provider account. Terminating your account does not mean that you will be refunded or partially refunded any payments you have made.

Terminating your account will not remove Undo from your device, just your account details. To remove Undo from your device you must follow the instructions for deleting applications from your device provider.

Refunds: You should contact the relevant app store for any issues or questions relating to payment or refunds for the Undo app and the Undo account as payments are managed and governed by the terms and conditions of the relevant app store. Please note that the Apple App Store, Google Play Store and other app store providers have their own terms for refunding the purchase of an app, which include time limits on requesting a refund.

Malkarak OÜ does not have access to your payment details. The App stores manage payment and also manages access to the application and membership features.

Malkarak OÜ is not able to offer refunds or partial refunds for any part of your membership year unused, because we do not have access to individual’s payment details and we are not able to revoke access to the application and membership features.

Changes to fees and charges: We reserve the right to change the pricing of the application and the pricing terms for accounts at any time. This may include changes at different points in different territories.

We will notify you of any changes at least one month in advance, and highlight changes that affect you. No charges will be claimed retrospectively.

Future content and functionality: You agree that your purchase of the Undo application is not contingent on the delivery of any content, functionality, features or associated products, or dependent on any communications from Malkarak OÜ.

Upon termination of your account, your right to use the Undo application will immediately cease.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

YOUR FEEDBACK: You agree that any feedback, comments, ideas, improvements or suggestions (collectively, “Feedback”) provided by you to Malkarak OÜ in relation to the Application shall remain the sole and exclusive property of Malkarak OÜ.

You agree that Malkarak OÜ will be free to use, copy, modify, publish, or redistribute the Feedback for any purpose and in any way without any credit or any compensation to you.

APPLICATION MODIFICATIONS: Malkarak OÜ reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

APPLICATION UPDATES: From time to time Malkarak OÜ may provide improvements or enhancements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the Application. You agree that Malkarak OÜ has no obligation to (i) provide you with any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

COOKIE POLICY

This is the Cookie Policy for Undo, accessible from https://undoapp.com

WHAT ARE COOKIES: As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or ‘break’ certain elements of the sites functionality.

HOW WE USE COOKIES: We use cookies for a variety of reasons detailed below. Unfortunately in most cases there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use.

DISABLING COOKIES: You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of the site. Therefore it is recommended that you do not disable cookies.

THE COOKIES WE SET

Account related cookies: If you create an account with us then we will use cookies for the management of the signup process and general administration. These cookies will usually be deleted when you log out however in some cases they may remain afterwards to remember your site preferences when logged out.

Login related cookies: We use cookies when you are logged in so that we can remember this fact. This prevents you from having to log in every single time you visit a new page. These cookies are typically removed or cleared when you log out to ensure that you can only access restricted features and areas when logged in.

Email newsletters related cookies: This site offers newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users.

Orders processing related cookies: This site offers e-commerce or payment facilities and some cookies are essential to ensure that your order is remembered between pages so that we can process it properly.

Surveys related cookies: From time to time we offer user surveys and questionnaires to provide you with interesting insights, helpful tools, or to understand our user base more accurately. These surveys may use cookies to remember who has already taken part in a survey or to provide you with accurate results after you change pages.

Forms related cookies: When you submit data to through a form such as those found on contact pages or comment forms cookies may be set to remember your user details for future correspondence.

THIRD PARTY COOKIES: In some special cases we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site.

• This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content.
  For more information on Google Analytics cookies, see the official Google Analytics page.

• We also use social media buttons and/or plugins on this site that allow you to connect with your social network in various ways. For these to work the social media sites will set cookies through our site which may be used to enhance your profile on their site or contribute to the data they hold for various purposes outlined in their respective privacy policies.

MORE INFORMATION: Hopefully that has clarified things for you and as was previously mentioned if there is something that you aren’t sure whether you need or not it’s usually safer to leave cookies enabled in case it does interact with one of the features you use on our site.

However if you are still looking for more information then you can contact us by email legals@undoapp.com

TERM AND TERMINATION

This Agreement shall remain in effect until terminated by you or Malkarak OÜ.

Malkarak OÜ may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Malkarak OÜ, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.

Termination of this Agreement will not limit any of Malkarak OÜ’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

WARRANTY AND LIABILITY EXCLUSIONS

EXCLUSION OF WARRANTIES: This Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects in the Application, without any warranty of any kind. To the maximum extent permitted under the applicable laws, Malkarak OÜ, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the preceding, Malkarak OÜ provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the preceding statements, neither Malkarak OÜ nor any of our providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products or services included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Malkarak OÜ are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some legal jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, therefore some or all of the above exclusions and limitations may not apply to you.

LIMITATIONS OF LIABILITY: Notwithstanding any damages that you might incur, the entire liability of Malkarak OÜ and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall Malkarak OÜ or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Malkarak OÜ or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some legal jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, therefore the above limitation or exclusion may not apply to you.

LEGAL STATEMENTS

SEVERABILITY: If any provision of this Agreement is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish the objectives of that provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

WAIVER: Except as provided in this Agreement, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party’s ability to exercise such right or require such performance at any time after that nor shall be the waiver of a breach constitute waiver of any subsequent breach.

AMENDMENTS: Malkarak OÜ reserves the right, at its sole discretion, to modify or replace this Agreement and Terms at any time. If a revision is material and significant we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material and significant change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Application.

ENTIRE AGREEMENT: This Agreement comprises the entire agreement between you and Malkarak OÜ regarding the use of the Application by you and supersedes all prior and existing written or oral agreements between you and Malkarak OÜ.

Additional terms and conditions may apply to you when you use or purchase other Malkarak OÜ’s services, which Malkarak OÜ will provide to you at the time of such use or purchase.

Your access to and use of Undo is conditional upon you accepting and complying with these Terms. The Terms also apply to all visitors, users and others who access or use the Service.

Your access or use of Undo constitutes your agreement to be bound by these Terms and Conditions. If you disagree with any part of these terms and conditions then you may not access Undo.

GOVERNING LAW: The laws of Estonia, excluding any conflicts in the laws, regulations or rules, apply to this Agreement and your use of the Application and they bind you to the Agreement. Your use of the Application may also be subject to other local, state, national, or international laws applicable to your location.

CONTACT INFORMATION

If you want any further information or have any questions about this Agreement, you can contact us by email at legals@undoapp.com