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TERMS OF USE

THIS END USER LICENSE AGREEMENT (“Agreement”) is a legally binding contract between you (“you,” “user,” or “end user”) and OmshyApps (“OmshyApps,” “we,” “us,” or “our”).
This Agreement governs your access to and use of:

  • The OmshyApps software (“Software”)

  • The OmshyApps website (“Site”)

  • Any related services, features, content, or applications (“Features”)

Collectively, these are referred to as the “Services.”

By installing, accessing, or using the Services, you acknowledge that:

  1. You have read and understood this Agreement;

  2. You agree to be bound by its terms;

  3. You consent to the Privacy Policy, which is incorporated by reference.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES.

OmshyApps reserves all rights not expressly granted to you under this Agreement.

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1. Privacy

Your privacy is important to us.
Our data practices are described in our Privacy Policy, which is incorporated into this Agreement.
By using the Services, you consent to our handling of information as described therein.

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2. Eligibility and Use Restrictions

2.1 Eligibility

You may not use the Services if:

  • You are under 13 years old;

  • You are not the owner or authorized administrator of the device on which the Software is installed;

  • You are prohibited from using such services under applicable law.

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2.2 Acceptable Use

You agree not to:

  • Use the Services for any unlawful, harmful, fraudulent, or unauthorized purpose

  • Interfere with or disrupt the Services

  • Reverse-engineer, decompile, or modify any part of the Software

  • Circumvent or disable any security or digital rights management (DRM) features

  • Upload malicious code or attempt to gain unauthorized access to servers or networks

Violation of these rules may result in immediate termination of your access.

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3. Modifications to the Services or Agreement

We may, at our sole discretion:

  • Modify, update, or discontinue any Feature or portion of the Services

  • Change or update this Agreement

Any updates take effect immediately upon posting on the Site or within the Services.

Your continued use constitutes acceptance of all changes.
If you do not agree, you must cease using the Services.

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4. Premium Features, Payments, Renewals, and Refunds

4.1 Free Version

The Software includes a free version with limited functionality.

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4.2 Premium Version

If you choose to purchase a Premium subscription:

  • You will be charged the then-current monthly subscription fee

  • Your Premium subscription will automatically renew every month

  • Renewal continues until you cancel

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4.3 Canceling Your Subscription

You may cancel:

  • By emailing us at omshyapps@gmail.com, or

  • By canceling through your account or payment provider

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4.4 Third-Party Payment Processors

We may use third-party services to:

  • Process payments

  • Manage renewals

  • Handle billing

You are solely responsible for reviewing their applicable terms and privacy policies.
OmshyApps is not responsible for issues arising from third-party payment processors.

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5. Intellectual Property Rights

All rights, title, and interest in the Services—including:

  • Software

  • Logos

  • Graphics

  • Text

  • UI/UX

  • Features

  • Data

  • Trade names

  • Trademarks

—remain the exclusive property of OmshyApps.

You receive a limited, non-transferable, non-exclusive license solely to use the Software as permitted under this Agreement.

You may not copy, modify, distribute, resell, or create derivative works based on the Services.

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6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA, PROFITS, OR ABILITY TO USE THE SERVICES.

  • OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED FIFTY U.S. DOLLARS (USD $50).

These limitations apply even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow certain exclusions, so these limitations may not apply to you.

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7. Indemnification

You agree to indemnify and hold harmless OmshyApps from any claims, losses, liabilities, damages, or expenses arising from your:

  • Violation of this Agreement

  • Misuse of the Services

  • Violation of laws or rights of third parties

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8. Governing Law and Dispute Resolution

This Agreement and your use of the Services shall be governed by the laws of the State of Israel, without regard to conflict-of-law principles.

You agree that all disputes will be resolved exclusively in the courts of Tel Aviv–Yafo, Israel, and you consent to personal jurisdiction there.

OmshyApps may seek injunctive relief in any court of competent jurisdiction.

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9. Assignment

We may transfer or assign this Agreement, in whole or in part, to:

  • Affiliates

  • Successors

  • Buyers in mergers, acquisitions, reorganizations, or asset sales

You may not assign or transfer your rights under this Agreement.

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10. No Waiver

Failure to enforce any provision of this Agreement does not constitute a waiver of such right.

If any provision is found unenforceable, the remainder of the Agreement will remain in full force and effect.

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11. Time Limit to Bring Claims

Any claim arising out of or relating to the Services or this Agreement must be filed within one (1) year after the cause of action occurs.
Otherwise, the claim is permanently barred.

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12. Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and OmshyApps regarding the Services.

It supersedes all prior written or oral agreements.

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13. Contact Us

For questions, concerns, or support, contact us:

📧 omshyapps@gmail.com
We will respond promptly.

© 2019 by Omshy. 

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