HitFactor Terms of Use

Terms of Use

Hitfactor (hereinafter «Hitfactor», «us», «our», «we») offers a subscription service that allows you (hereinafter and interchangeably «You» or the «Subscriber») to analyze videos of your shooting to gather some analytics. By using this app, a Free Trial or a subscription plan with Hitfactor, You are entering into a binding agreement with Hitfactor and agree to and accept to abide by these Terms of Use. You also thereby acknowledge and agree to Hitfactor processing Your personal data in accordance with Hitfactor Privacy Policy.

These Terms of Use describe the conditions upon which the Service is available to You and supersede prior terms and conditions previously agreed upon. Agreeing to them is a requirement for Your access to and use of the Service. By accepting them You agree and accept that Hitfactor may terminate this agreement or suspend Your access to the Service at any time and without prior notice if You fail to comply with any provision hereof. If You do not agree to the Terms (as defined below) You may not use the Service neither access or consume any Content provided by Hitfactor.

These Terms of Use, the Hitfactor Privacy Policy are hereinafter collectively referred to as the “Terms”.

Age limit

To be eligible to enter into these Terms and set up an account or enter into a subscription plan with Hitfactor You must:

a) be at least twelve (12) years old and/or otherwise have authorization and legal power to enter into this agreement by law in the country where the Service is made available to You;

b) be a resident of the country in which the Service is made available to You;

c) agree to be bound by these Terms.

2. The Service

Hitfactor provides a digital subscription service through which You as a Subscriber can analyze your videos of shooting via your iPhone or iPad. Unless otherwise agreed in any supplemental terms or under a subscription plan offered to You by Hitfactor to which You have agreed, the Service, as described above, may only be used for Your non-commercial personal use in accordance with the Terms.

In order to use the Service, You must use a an iOS device compatible with Hitfactor’s technical requirements. For a full and updated list of the technical requirements for using the Service please visit application App Store page. Hitfactor reserves the right however to modify technical requirements for the use of the Service. Hitfactor will use its best efforts to notify You, via email or via push notification from within the Service, of any modifications which may limit Your technical ability to use the Service.

3. Subscription plans

Hitfactor reserves the right, at its sole discretion, to offer the Service throught different kind of subscription plans, which could mean and include but not be limited to: promotional plans, plans provided by (or bundled with) third parties.

Hitfactor reserves the right, at its own discretion, to add new plans, remove existing plans or to change any features or functionalities of such subscription plans from time to time. Where such change materially affects an existing subscription plan to the detriment of a Subscriber, the Subscriber will be informed thereof and have the possibility to terminate the Service in accordance with section 5 in these Terms of Use.

Information about Your current subscription plan always available on Subscriptions section of your Apple ID settings in Settigns app.

In the event that more than one subscription plan is offered for You to choose from, You may change Your current subscription plan to another subscription plan currently offered by Hitfactor in Your country of residence. However, any such change may take effect from the day that the change was registered and last until after Your next recurring payment date before a new change may be registered for the same account.

4. Prices and payments

Hitfactor cooperates with App Store payment service through which all Your payments will be made before settled with Hitfactor.

Subscriptions are paid periodically (monthly, quarterly, yearly) in advance until the subscription is terminated or as otherwise specified. As regards the timing of the monthly (quarterly, yearly) payments, You will be chanrged once every 30 (90 for quarterly, 365 for yearly) days, commencing on the date when You activate Your subscription. In some cases, the date on which You will be charged will change, for example, if it is not possible to confirm the date of validity of information regarding Your chosen payment method such as eg. Your credit card details.

Hitfactor may offer time limited subscription plans for which You pay the full price in advance. Any such subscription plan will be automatically terminated at the end of the fixed time period.

Prices are displayed on subscriptions screen in app. All prices include Goods & Services Tax (GST). Payment can be made by credit/debit card or by such other payment method supported by App Store.

In the event of default of or a delayed payment, Hitfactor reserves the right to suspend or terminate Your access to the Service. If this should occur, please re-activate Your subscription.

5. Duration and termination

As soon as You become a Subscriber under a Subscription plan Your subscription with Hitfactor will continue from month to month until terminated by you or Hitfactor. Unless You cancel Your subscription You therefore authorize us to charge You the next period’s subscription fee in accordance with the Terms and from the payment method that You have chosen or otherwise as per Your later instruction to us.

To terminate the Service before a new period is added to Your subscription term, You must terminate the Service no later than the day before a new period begins, otherwise the subscription continues, and You are charged for another period before it is terminated.

To unsubscribe please open Setting app, then:

  • Go to «iTunes & App Store»,
  • tap your Apple ID at the top of the screen,
  • tap «View Apple ID» (You might need to sign in or use Touch ID),
  • tap «Subscriptions»
  • tap the subscription that you want to manage.

In addition to Hitfactor’s termination rights in sections 3 or elsewhere in the Terms, Hitfactor has the right to terminate or restrict Your use of the Service with immediate effect if Hitfactor has reasons to suspect that You (or anyone whom You have allowed access to the Service) have violated the Terms or any applicable laws, rules and regulations. This also apply if You are otherwise using the Service in a fraudulent way or a way that may cause damage to Hitfactor or any third party.

6. Hitfactor rights and responsibilities

As part of providing the Service, Hitfactor may contact You by e-mail or directly via the Service for the purpose of communicating regarding the functionalities (including sending reminders about credit card expiration dates).

All communication between Hitfactor and the Subscriber shall be in accordance with Hitfactor’s privacy policy.

Hitfactor is not liable for any disruption to mobile networks or in the service of internet providers.

The Service is available around the clock, seven (7) days a week. However, Hitfactor provides no guarantee that the Service will always be free of errors or interruptions. If there are any faults or interruptions affecting the Service, Hitfactor will be given the opportunity to correct these without there being a breach of contract, i.e. of the Terms. Hitfactor also has the right, within reason, to close the Service, for example, for carrying out upgrades and maintenance.

Hitfactor has the right, fully or partly, to transfer its rights and obligations under the Terms to third parties. Hitfactor also has the right to engage subcontractors to carry out its obligations under the Terms. Any such changes which may affect the processing of Your personal data shall be handled in accordance with the Hitfactor Privacy Policy.

Hitfactor may, at its own discretion, make changes in the Terms. When Hitfactor makes material changes to the Terms to Your detriment this will be communicated to You e.g. by displaying a notice in the Service or by sending You an e-mail or a push notification via the Service no later than thirty (30) days before the changes take effect. In some cases we will ask for Your explicit consent and in some cases we will notify You in advance and Your continued use of the Service will constitute Your acceptance of the changes. It is therefore important that You read any notice or message from us carefully. If at any time You wish to discontinue using the Service due to such updates or changes in the Terms You may terminate Your subscription at any time by following the instructions set out in section 5 of these Terms of Use.

7. The Subscriber’s rights and responsibilities

Unless otherwise follows from any applicable supplemental terms, the Subscriber may analyze videos and share the results for the Subscriber’s private non-commercial use only.

You acknowledge and agree that Your access to and use of the Service shall comply with the Terms. You also acknowledge and agree the same for everyone whom You allow access to the Service via Your account. Access to any other user may only be granted by You in accordance with the Terms.

If You are offline from the Service for a period of thirty (30) days or more Hitfactor may require You to go online to ensure that You still have an active subscription of the Service. If You refuse to do so Hitfactor reserves the right to suspend any further use of the Service until You have verified that You have an active subscription with Hitfactor. If no such subscription is verified Hitfactor may, at its own discretion, continue to suspend the Service or to terminate Your account.

The Subscriber has no right to transfer his/her rights and obligations under the Terms, unless the Subscriber has Hitfactor’s written consent to do so.

The Subscriber must not use the Service in any way that causes, or is likely to cause, the Service to be interrupted, damaged or impaired in any way. You understand that You, and not Hitfactor, is responsible for all electronic communications and content sent from Your device to us and You must use the Service, Your device appropriately and for lawful purposes only. Subsequently You agree not to use the Service for any fraudulent purposes, or in connection with a criminal offense or other unlawful activity or to send to send, use or reuse any material that does not belong to You; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, defamatory, libelous, obscene, pornographic, or is in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties.

In the event that the Service, or parts thereof, is incorrect or faulty, You are urged to contact Hitfactor by e-mail or by using any other means to inform us or to lodge a complaint.

8. Contracting party

The service is provided and made available to You under the Terms by Khitfactor, a limited liability company incorporated in Russia. To contact us or our customer service department, please send an e-mail to info@hitfactor.ru or visit http://hitfactor.ru for contact info.