The Application Optimism (hereinafter: Application) is a piece of software created to read inspiring quotes - and customized for Apple mobile devices.
SCOPE OF LICENSE
Subject to your compliance with these Terms and Conditions, Pointblank GmbH grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Optimism App solely for your personal, non-commercial use on a compatible mobile device that you own or control. This license does not allow you to use the app on any device that you do not own or control or to distribute or make the app available over a network where it could be used by multiple devices simultaneously. You may not copy, modify, reverse engineer, decompile, disassemble, create derivative works based upon, or otherwise attempt to derive the source code of the app or any part thereof. You may not remove, alter, or obscure any copyright, trademark, or other proprietary rights notice on or in the app. Additionally, you may not sublicense, lease, sell, or assign your rights in the app to any third party. This license is effective until terminated by you or Pointblank GmbH. Pointblank GmbH may terminate this license at any time without notice and with or without cause. Upon termination, you must cease all use of the app and, if applicable, uninstall it from your mobile device.
User Eligibility
By accessing or using this mobile application, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this agreement. If you are accessing or using this app on behalf of a company, organization, or other legal entity, you further represent and warrant that you have the authority to bind such entity to these Terms and Conditions. The services provided by this app are intended solely for individuals who meet the specified age requirements and are not intended for use by minors or individuals who do not have the legal capacity to enter into binding agreements."Please note that the specific age requirement may vary depending on the nature of your app and the applicable laws in your jurisdiction.
Intellectual Property
The Optimism mobile app and all content, features, and functionality available through the app are and will remain the exclusive property of Pointblank GmbH and its licensors. The app is protected by copyright, trademark, and other laws of Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Pointblank GmbH. You agree not to reproduce, modify, distribute, display, or otherwise exploit any part of the app, including but not limited to the app's design, logos, graphics, or user interface, without the express written permission from Pointblank GmbH. Unauthorized use of the app or its contents may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.
WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PRODUCTS IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PRODUCTS (EXPRESSLY INCLUDING ALL CONTENT AND FEATURES MADE AVAILABLE VIA ANY PRODUCT), ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF COURSE OF DEALING, OF TRADE USAGE OR PRACTICE, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PRODUCTS, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PRODUCTS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PRODUCTS WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ERRORS OR DEFECTS IN THE PRODUCTS WILL BE CORRECTED, OR THAT THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY. SHOULD ANY OF THE PRODUCTS PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF DATA THAT RESULTS FROM THE USE OF AND ACCESS TO ANY OF THE PRODUCTS.SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
PAYMENT AND PRICING
The use of Optimism provided by Pointblank GmbH (“Pointblank”), a company registered in Berlin under registration number HRB 219181 B, with its registered address at Kastanienallee 88, 10435 Berlin, Germany, and email contact at hello@pointblk.com, may involve the purchase of certain products, services, or virtual items within the app. By making a purchase, you agree to pay the specified fees or charges applicable at the time of purchase. Payment may be processed through third-party payment processors, and you agree to provide accurate and up-to-date payment information. Pointblank reserves the right to refuse or cancel any orders placed through the app.Additionally, certain features or content within the app may be offered as in-app purchases or through a subscription model. Any recurring charges for subscriptions will be clearly disclosed, and you will have the option to cancel your subscription at any time as per the terms provided.Please note that prices for products, services, or virtual items offered through the app are subject to change without notice. Pointblank GmbH shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any product, service, or virtual item within the app.
CONTACT INFORMATION
If you have any questions, concerns, or feedback regarding these Terms and Conditions or the use of the "Optimism" mobile app, please feel free to contact us at:Optimism Mobile App Support Address: Kastanienallee 88, 10435 Berlin, Germany
Email: support@optimism-app.io We are dedicated to providing excellent customer support and aim to address any inquiries or issues you may encounter while using our "Optimism" app. Your feedback is crucial to us as we continuously work to enhance the user experience and offer the best possible service.Please note that any communication you initiate with us may be subject to our Privacy Policy, which outlines how we handle and protect your personal information. We encourage you to review our Privacy Policy for more details on data collection, usage, and disclosure.By using the "Optimism" mobile app, you acknowledge and agree that any communications, questions, comments, or suggestions you submit to us may be used by our team for the purpose of improving our app, developing new features, or addressing customer inquiries.Thank you for choosing the "Optimism" mobile app. We value your support and trust in our app, and we are committed to delivering an outstanding user experience.Remember to ensure that "Optimism" is the actual name of your mobile app, and verify that the contact information provided is accurate and up-to-date. Additionally, review the "Privacy Policy" mention to confirm its alignment with your app's privacy practices and policies. As always, consulting with legal professionals is recommended to ensure compliance with relevant laws and regulations.
TERMINATION
These Terms are effective until terminated by us, at our sole discretion, at any time and without notice, or until you stop using our Products, uninstall and delete all copies in your possession, cancel any account, and cancel all active subscriptions. You may stop using the Products at any time.Your rights under these Terms will terminate automatically if you fail to comply with any of its provisions. Upon termination of these Terms, you must cease all use of the Products and uninstall and delete all copies in your possession.Upon expiration, termination, or cancellation of these Terms for any reason, all rights and obligations of both parties to these Terms, including all licenses granted under these Terms, will immediately terminate. The provisions of these Terms that are by their nature intended to survive termination or expiration of these Terms will so survive.
THIRD PARTY Services and Materials
The Products may enable access to third-party services, software, and websites (collectively, “Third-Party Services”). Products may also display, include or make available content, information, and materials from third parties, including User-Generated Content (collectively, “Third-Party Materials”) or provide links to certain Third-Party Services or Third-Party Materials.You understand that by using any of the Products, you may encounter content, including Third-Party Services and Third-Party Materials, that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search may automatically and unintentionally generate links or references to objectionable material. By using the Products, you further acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Services or Third-Party Materials. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any Third-Party Services or Third-Party Materials. Such Third-Party Services and Third-Party Materials are provided solely as a convenience to you. You agree to use the Products and any Third-Party Services or Third-Party Materials at your sole risk, and you acknowledge that we will not have any liability to you for content that may be found to be offensive, indecent, or objectionable.In addition, Third-Party Services and Third-Party Materials that may be accessed from, displayed on or linked from your device may not be available in all languages or in all countries. We make no representation that such Third-Party Services and Third-Party Materials are appropriate or available for use in any particular location. To the extent you choose to access or use such Third-Party Services or Third-Party Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. We, and our content providers and licensors, reserve the right to change, suspend, remove, or disable access to any Third-Party Services or Third-Party Materials at any time without notice. We will not be liable for the removal of or disabling of access to any such services or materials. We may also impose limits on the use of or access to certain Third-Party Services or Third-Party Materials, in any case and without notice or liability.You acknowledge and agree to comply with applicable third-party terms and conditions related to the use of the Products, Third-Party Services, and/or Third-Party Materials. The Products may contain advertisements. In consideration for your access and use of the Products, you agree that we, our affiliates, and our third-party partners may place advertising on the Products.