Terms of Service
SP Yan Marynich — Terms of Service
SP Yan Marynich is a sole proprietorship that develops and publishes mobile applications. In this policy, "SP Yan Marynich" may also refer to "We", "Us", or "the Operator".
Notice: SP Yan Marynich does not have the ability to cancel or refund subscriptions, trials or purchases on your behalf. Cancellations can be handled in your Mobile Device Settings or by contacting Apple or Google support depending on your operating system. Refund requests and other billing inquiries should be routed through Apple or Google support depending on your device type.
In this policy, "SP Yan Marynich" may also refer to "SP Yan Marynich", "SP Yan Marynich", "We" or "Us".
This Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
This Terms of Service ("Agreement") sets forth the legally binding terms for your use of any downloadable mobile application (including any related services provided by SP YAN MARYNICH) offered by SP YAN MARYNICH ("App"). By using any App, you are accepting this Agreement and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. If you do not agree with all of the provisions of this Agreement, please do not use any App and remove such App from your mobile device.
1. End User License Agreement
1.1 License
Subject to the terms of this Agreement, SP YAN MARYNICH grants you a limited, non-transferable, non-exclusive, license to (a) use for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) copy, for the purpose of downloading, installing and executing, the number of copies for which you are authorized by the download site of each App on a mobile device that you own or control for your use (the "License").
1.2 Certain Restrictions
The rights granted to you in this Agreement are subject to the following restrictions:
- You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any App
- You shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Apps, except to the extent the foregoing restrictions are expressly prohibited by applicable law
- You shall not access any App in order to build a similar or competitive service or application
- No part of any App may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means
- You shall not rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any App to any third party
- You shall not use any robot, spider, or other automatic device to access any App
- You shall not use any manual process to monitor or copy any material on any App without prior written consent
- You shall not remove or destroy any copyright notices or other proprietary markings contained on or in any App
1.3 Local Laws
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
1.4 Modification
SP YAN MARYNICH reserves the right, at any time, to modify, suspend, or discontinue the Apps or any part thereof with or without notice.
1.5 Ownership
Apps provided to you are licensed to you and not sold. SP YAN MARYNICH (and its licensors, where applicable) own all right, title and interest, including all related intellectual property rights, in and to all Apps, excluding your User Content.
1.6 Ads
When you start or stop an App, it may display an ad. During gameplay, banner and/or interstitial ads may be displayed.
1.7 Collection and Use of Your Information
You acknowledge that when you download, install, or use any App, SP YAN MARYNICH may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the App. All information we collect through or in connection with any App is subject to the Privacy Policy.
1.8 Updates
SP YAN MARYNICH may from time to time develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, "Updates"). You agree that SP YAN MARYNICH has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
2. User Content
2.1 User Content
"User Content" means any and all content that a user uploads, distributes, or otherwise provides via any App. You are solely responsible for your User Content and assume all risks associated with its use.
2.2 License
By uploading or distributing your User Content with any App, you automatically grant SP YAN MARYNICH an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, and otherwise use your User Content solely to display it on any App.
2.3 Feedback
If you provide SP YAN MARYNICH any feedback or suggestions ("Feedback"), you hereby assign to SP YAN MARYNICH all rights in the Feedback and agree that SP YAN MARYNICH shall have the right to use such Feedback in any manner it deems appropriate.
2.4 Acceptable Use Policy
You agree not to use any App to upload or distribute any User Content that:
- Violates any third-party right, including copyright, trademark, or privacy rights
- Is defamatory, false, or intentionally misleading
- Is harassing, abusive, threatening, harmful, vulgar, or obscene
- Is harmful to minors in any way
- Constitutes spam, junk mail, or pyramid schemes
- Violates any law, regulation, or contractual obligation
2.5 Enforcement
We have the right to remove or refuse to post any User Content, take action against violating content, disclose your identity to rights holders, take legal action, and terminate or suspend your access for any violation.
3. Term and Termination
This Agreement commences on the date you accept it and remains in effect while you use the App. We may suspend your rights or terminate this Agreement at any time for any reason. Upon termination, your right to use the App terminates immediately.
4. Indemnity
You agree to defend, indemnify and hold harmless SP YAN MARYNICH from any claims, suits, losses, damages, liabilities, costs, and expenses resulting from your use of any App, your User Content, or your violation of this Agreement.
5. Third Parties
5.1 Application Stores
You acknowledge that the availability of the App is dependent on the Application Store (e.g., Apple or Google). This Agreement is between you and SP YAN MARYNICH, not the Application Store. SP Yan Marynich does not have the ability to cancel or refund subscriptions, trials or purchases on your behalf.
5.2 Third Party Services
SP YAN MARYNICH may permit certain third party applications to provide content through the App. SP YAN MARYNICH is not responsible for and does not control Third Party Services.
5.3 Links from an App
If an App contains links to other websites, these links are provided for your convenience only. We have no control over those sites and accept no responsibility for them.
5.4 Other Users
SP YAN MARYNICH is not responsible for User Content provided by other users. Your interactions with other users are solely between you and the other user.
5.5 Release
You hereby release and forever discharge SP YAN MARYNICH from any claims relating to interactions with Third Party Services, other users, or Third Party Advertisers.
6. Disclaimers
YOUR USE OF ANY APP, ITS CONTENT, AND ANY SERVICES OBTAINED THROUGH AN APP IS AT YOUR OWN RISK. EACH APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
7. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SP YAN MARYNICH BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
THE OPERATOR'S LIABILITY WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU'VE PAID TO SP YAN MARYNICH IN THE 12 MONTHS PRECEDING THE CLAIM (IF ANY).
8. Fees
You agree to pay all fees and applicable taxes incurred by you or anyone making purchases through the App. YOU ACKNOWLEDGE THAT SP YAN MARYNICH IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON.
9. General
9.1 Changes to this Agreement
This Agreement is subject to occasional revision. Changes will be effective thirty (30) calendar days following notice. Continued use indicates your acceptance of such changes.
9.2 Notice
Any notice should be sent to support@eprep.app.
9.3 Severability
If any provision is held invalid, the other provisions remain unimpaired.
9.4 Entire Agreement
This Agreement, together with the Privacy Policy, is the final, complete and exclusive agreement between you and SP YAN MARYNICH.
9.5 Governing Law
All matters shall be governed by the internal laws of applicable jurisdiction.
9.6 Arbitration
SP YAN MARYNICH may require you to submit any disputes to final and binding arbitration under the Rules of the American Arbitration Association applying applicable law.
9.7 Limitation on Time to File Claims
ANY CAUSE OF ACTION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE IT IS PERMANENTLY BARRED.
9.8 Geographic Restrictions
The content and services are based in applicable jurisdiction and provided for access and use only by persons located in the United States.
10. Apple Application Store Additional Terms
If you are using an App from the Apple Application Store, the following additional terms apply:
- This Agreement is between you and SP YAN MARYNICH only, not with Apple
- The license is limited to a non-transferable license on an iOS device you own or control
- The Operator is solely responsible for maintenance, support, and product warranties
- SP YAN MARYNICH is responsible for addressing any product claims
- SP YAN MARYNICH is responsible for intellectual property infringement claims
- You represent you are not in an embargoed country or on a prohibited parties list
- Apple and its subsidiaries are third party beneficiaries of this Agreement
Agreement Version Date: January 15, 2025