The Tensift Software Apps (hereinafter: ‘App’, ‘Apps’ or ‘App’s’) are created by Tensift Software, a limited liability company under Moroccan law (hereinafter: ‘we’, ‘us’ or ‘our’).
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING ANY TENSIFT SOFTWARE APPS.
We are an App development and App publisher company. We deliver Apps to almost all app stores all over the world. We create Apps for many different devices including but not limited to phones, tablets, watches, TVs, etc..
We make Apps available to you subject to the following Terms of Use. Do not use the App if you do not accept these Terms of Use. If you use the App, you affirmatively accept these Terms of Use.
1.1 By using the App, you are consenting to our processing of data as set forth in our Privacy Policy (https://www.tensift.com/privacy.html). Our Privacy Policy is compliant with the General Data Protection Regulation (GDPR 2016/679).
1.2 You agree to use the App only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the App.
1.3 You agree that we are not responsible or liable for any content accessed from the App or third-party websites. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) your use of the App.
1.4 You acknowledge that the App may communicate with our servers from time to time to check for updates to the App, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By installing the App, you agree to such automatically requested and received updates.
1.5 You agree that we may stop (permanently or temporarily) providing the App (or any features within the App) to you or to users generally at our sole discretion, without prior notice to you. You agree that if we disable access to the App, you may be prevented from accessing the App or certain features within the App.
1.6 You may not distribute, publish, or send through an App: (1) any spam, including any unsolicited advertisements, solicitations, commercial messages, informational announcements, or promotional messages of any kind; (2) chain mail; (3) numerous copies of the same or substantially similar messages; (4) empty messages; (5) messages that contain no substantive content; (6) very large messages or files that disrupt a server, account, newsgroup or chat service; or (7) any message that is categorized as ‘phishing’.
2.1 The App, and all content included on or within the App, such as the user interface, the compilation of the content and arrangement of the website, and all text, graphics, pictures, sound, video, data, applications and other content, is the property of us, our licensors or content suppliers and is protected by copyright and other intellectual property laws. Reproduction or redistribution of such content except as expressly permitted by these Terms of Use is prohibited.
2.2 We grant you a personal revocable, non-exclusive, non-transferable license to access and make personal use of our App. You may not download, reverse engineer, decompile, disassemble or modify it, or any portion of it, except with our express written consent. The App may not be copied, sold, resold or otherwise exploited for any commercial purpose without our express written consent. You may not link, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the App without our prior written consent. Your unauthorized use of the App will immediately terminate the limited license granted by us.
3.1 We do not warrant that the App, its functions or its content will be uninterrupted or error free, or that defects will be corrected. We make no representation or warranty as to the accuracy or fitness for use of any offers, advertisement or third party content presented in connection with the App. The App is provided on an ‘as is’ basis. You agree that your use of the App is at your sole risk.
3.2 We will not be liable to you for any damages of any kind arising from your use or inability to use the App. Our liability for monetary damages for any claims that you may have against us is limited to the amount you actually paid for the App.
4.1 By using the App, you agree that the laws of Morocco will exclusively govern the construction of our agreement and any dispute of any sort that might arise between you and us. This agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are a consumer, the choice of law only applies to the extent that there is no restriction with regard to mandatory rules of the country where you are domiciled or habitually resident.
4.2 In the event a dispute arises between you and us, we will use reasonable endeavours to resolve such dispute amicably. If we cannot agree on a resolution, you agree that the dispute will be resolved through the Court of Morocco, unless applicable mandatory law provides that you are entitled to address a court in another jurisdiction.
4.3 Any claim arising out of or related to your use of the App must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and we will not have the right to assert the claim.
5.1 We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the App. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this App following the posting of changes to these Terms of Use or other policies means you accept the changes.
6.1 If any provision of these Terms of Use is unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and us relating to the subject matter herein.
6.2 We may assign our rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of our successors, assigns and licensees.
6.3 The failure of either party to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right. The course of conduct between the parties will not act to modify any provision of these Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
7.1 If you have any questions about these Terms of Use or our apps, please contact us at tensift@tensift.com
These Terms of Service are effective as of 13th May, 2023.