This End User License Agreement (EULA) is a legal agreement between you ("User") and FunCosmos, a label operated by Playades EOOD, ul. Orphey 1, 1421 Sofia, Bulgaria (hereinafter “FunCosmos”) to specify the rights and restrictions that apply to the use of smartphone apps.
This EULA may be updated from time to time. The most current version of the EULA, which can be found here, is the one that is applicable. By continuing to use the services provided by FunCosmos, you agree to be bound by the most current version of the EULA. Please check the EULA periodically for any changes.
You must be age thirteen (13) (or equivalent minimum age in your Home Country) to create an account and use our Services. Accounts for persons under this age can be created by a parent or legal guardian.
A parent or legal guardian who is creating an account for a minor should review this Agreement with the minor to ensure that they both understand it.
The product or, collectively, products (“App” or, collectively, “Apps”) made available through the FunCosmos Voucher Code service (“the Service”) are licensed, not sold, to you. The term “Apps” includes downloadable Apps and online Apps made available to you via this platform, operated by FunCosmos, for personal use.
Your license to each App that you obtain through the Service is subject to your prior unconditional acceptance of our general Terms and Conditions, our Privacy Policy as well as the prior and unconditional acceptance of this EULA.
The user acknowledges and agrees that the license to use the Apps is granted solely upon the successful completion of the full download and successful installation of an App on the user's device. Until such time, no license to use the App is granted, and the user must adhere to all applicable terms and conditions without invoking the rights associated with the license.
Your license to any App under this End User license Agreement is granted by FunCosmos (the “Licensor”). If the Apps have not been developed and published by FunCosmos (“FunCosmos App”), the Apps (“Third Party Apps”) are licenses to you by a third party developer/publisher (“Provider”). FunCosmos acts as an agent for Providers in operating the Voucher platform and is not a party to the sales contract or user agreement between you and the App Provider.
FunCosmos is responsible for providing maintenance and support for FunCosmos Apps only, or as required under applicable law. (App) Providers are responsible for providing maintenance and support for Third Party Apps.
You agree that the terms of this EULA will apply to each App that you license through the Service, unless that App is covered by a valid end user license agreement entered into between you and the Provider of that Product, in which case the terms of that separate end user license agreement will govern.
Subject to local law, the App Provider of any Third Party App is solely responsible for its content and warranties, as well as any claims that you may have related to the Third Party App.
The Licensor grants the User a non-exclusive, non-transferable license to download and use the Apps for personal, non-commercial use only. The Licensor reserves all rights in and to the Licensed Product not expressly granted to you under this EULA.
The User is not allowed to distribute the Apps further, share already accessed download links, make download links publicly available, or modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the downloaded Apps.
The Apps are protected by copyright and other intellectual property laws. The User acknowledges that all title, ownership rights, and intellectual property rights remain with their respective owners. No right to unlimited duplication, disassembling or resale is granted to the User.
FunCosmos strives to always offer the best selection of Apps to you, but remains the right to change the composition of the Apps offered under this Service and its availability at its sole discretion. Apps also may be removed from our Services at any time (for instance, because the Provider removed it), after which it cannot be downloaded, redownloaded, or otherwise accessed via the Service anymore.
FunCosmos has tested all Apps to ensure their full functionality prior to making them available through the Service, but does not provide any warranties or guarantees regarding the performance or functionality of the Apps on your device. The User acknowledges that the Apps are provided "as is" and uses them at their own risk.
Depending on the voucher you purchased, you will be limited in the amount of Apps you may download. You may be limited in the amount of downloads you may attempt. Certain Apps may only be available online and not be available for download at all.
Depending on the voucher you purchased, you may be able to redownload previously downloaded Apps (“Redownload”) to your device. The timeframe in which a Redownload is possible may vary depending on the type of voucher you purchased. FunCosmos also remains the right to change the period for Redownloads at any time and at its sole discretion. Apps may not be available for Redownload if the App is no longer offered as part of the Service, however.
The Service operates under the commitment to provide access to downloadable Apps for the duration of its active operation. However, it is important for users to understand that the platform's liability for the availability of downloaded Apps is limited to the period during which the platform is actively operational.
Users acknowledge and agree that the platform does not guarantee the continued availability of downloaded Apps and FunCosmos will not be responsible for any losses resulting from such discontinued availability. Especially after the cessation of its operation, FunCosmos will not be responsible for any claims or complaints related to the unavailability of downloaded Apps post-operation. By using the platform, you expressly acknowledge and accept that it is your responsibility to download and store the Apps locally on your device.
In the unlikely event, that you are not satisfied with your purchase and wish to request a refund, please contact the seller from whom you purchased the Voucher Code. FunCosmos does not handle refunds directly and is not responsible for issuing refunds for purchases made through third-party sellers.
If you do not comply with any of the terms in this Agreement, or if FunCosmos suspects non-compliance, FunCosmos reserves the right to take the following actions without prior notice:
(i) Terminate this Agreement, holding you responsible for any monetary damages resulting from your non-compliance; and/or
(ii) Revoke your license to the Apps; and/or
(iii) Restrict your access to the Services.
Any dispute, controversy, or claim arising out of or relating to this EULA, or the breach thereof, shall be settled by arbitration administered by a neutral arbitrator mutually agreed upon by both parties. The arbitration will be conducted in accordance with the rules of the agreed arbitration body. The decision of the arbitrator shall be final and binding on both parties.
Should you wish to cancel your account, please send an email to [email protected] with your request. Please include your account details in the email to facilitate the cancellation process. Once your account is cancelled, you will no longer have access to the services provided by FunCosmos.
This Agreement shall be governed by and construed in accordance with the laws of Bulgaria, without regard to its conflict of law principles.
FunCosmos reserves the right to assign this agreement to a third party ats its sole discretion at any point in time.