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.
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:
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).
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.
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 firstname.lastname@example.org or visit http://hitfactor.ru for contact info.