Terms of use

Last updated October 16, 2023

These Terms and Conditions regulate the download, access and use of the different mobile applications (hereinafter, the "APPS"), which TRBO FAST TOOLS INC owns and which are available to users free of charge on Apple Store (IOS).

The user acquires this condition by downloading and using the application of his/her choice. By accessing the application(s), the user acknowledges having accepted and consented unreservedly to these terms of use and privacy policy. We may change these terms and conditions at any time, and it is your responsibility to stay updated with any changes made. If you do not agree to any part of these terms and conditions, you must stop using the Mobile Application and its services immediately. By continuing to use the Mobile Application, you are indicating your acceptance of these Terms and Conditions of Use, including any modifications that may be made in the future.

1. APPS Oversight and Ownership

TRBO FAST TOOLS INC, (hereinafter TRBO FAST TOOLS) with registered office at 833 Homer St V6B 0H4 - Vancouver - BC - Canada and email: info@trbofasttools.com is the owner and responsible for the APPS.

2. Purpose

The primary purpose behind the development of these APPS is to offer users quick and customizable access to a variety of content, including motivational phrases, daily affirmations, jokes, vocabulary, curiosities, and other general interest information, all accessible through their mobile devices (hereinafter referred to as the "content").

3. Definitions

These Terms and Conditions of Use assign specific definitions to capitalized terms, unless the context suggests otherwise.

3.1. Merchant - pertains to any organization or individual whose products can be bought through the Mobile Application.

3.2. Services - refers to all of the services offered by TRBO FAST TOOLS INC to users through the Mobile Application, while the term "Service" indicates any individual service provided among them,

3.3. Users - refers to all individuals who utilize the Mobile Application, including yourself, whereas "User" pertains to any one of these individuals.

3.4. Goods - refer to the items offered for sale on the Service.

3.5. Company - (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to TRBO FAST TOOLS INC.

4. SUPPORTED DEVICES

Our applications can be downloaded for free from Apple Store (IOS). Users are required to adhere to the terms and conditions set forth by the respective application stores for acquiring, downloading, and updating the APPS.

5. Price Adjustment Policy

Our price policy reserves the right to revise prices before confirming an order. In the event of government intervention, alterations in customs duties, elevated shipping expenses, increased foreign exchange costs, or other external factors affecting delivery beyond our control, the Company may modify quoted prices after order acceptance. Should such circumstances arise, you will be given the choice to cancel your order.

6. Billing

All products or services acquired require a one-time payment. Payment can be completed using the diverse payment methods at our disposal, including Visa, MasterCard, Affinity Card, American Express cards, or online payment systems like Stripe

7. Subscriptions

7.1. Subscription Duration - Certain aspects of our Service require a paid Subscription, for which you will be charged in advance on a periodic basis. The billing interval (weekly, monthly, quarterly or 3-month , or annually) is determined by the specific Subscription plan you select.

Your Subscription will automatically extend at the conclusion of each period under identical terms, unless you decide to cancel it or the Company terminates it.

7.2. Fee Adjustments - The Company maintains the right to modify Subscription charges at its discretion, at any time. Should such modifications occur, the updated fees will take effect at the conclusion of the existing Subscription period.

We will provide you with reasonable advance notice of any alterations to Subscription fees, granting you the option to terminate your Subscription prior to the implementation of the new fees.

Your continued use of the Service after the revised Subscription fee comes into effect signifies your agreement to pay the adjusted fee amount.

7.3. Refunds - Paid Subscription fees are typically non-refundable, unless mandated by applicable law.

On certain occasions, the Company may assess refund requests for Subscriptions on a case-by-case basis, with such determinations resting solely with the Company.

If you acquired the Subscription via an In-app purchase, the refund policy of the Application Store will govern. To request a refund, you should initiate direct contact with the Application Store.

In the event of account deletion, if you possess an active subscription, it is recommended that you cancel auto-renewal before deleting your account to prevent inadvertent charges. Nevertheless, please be aware that your existing active subscription will remain non-refundable.

7.4. Trial Period - The Company may, at its discretion, offer a Subscription plan with a limited-time Trial Period.

To enroll in the Trial Period, you might be required to furnish your billing details.

If you provide your billing information during the Trial Period registration, the Company will not bill you until the trial duration expires. On the last day of the Trial Period, unless you have canceled your Subscription, the Company will automatically charge you the applicable Subscription fee for your chosen plan.

The Company retains the right to alter or discontinue the terms and conditions of the Trial Period offer without prior notice.

7.5. In-app Purchases - The Application may feature In-app Purchases, enabling you to acquire products, services, or Subscriptions within the Application.

Additional guidance on managing In-app Purchases can typically be found in the Application Store's terms and conditions or your Device's Help settings.

In-app Purchases are exclusively valid within the Application and cannot be retracted after download or exchanged for cash or other forms of compensation.

Should you encounter any complications with an In-app Purchase, kindly inform us, and we will investigate the matter and provide a replacement or remedy, as appropriate. No charges will be applied for replacements or repairs. In cases where we are unable to replace or repair the In-app Purchase within a reasonable timeframe, you may request a refund from the Application Store, or we will authorize the Application Store to refund the corresponding purchase cost.

Please acknowledge that billing and transaction matters pertaining to In-app Purchases are managed by the Application Store from which you downloaded the Application, and they are subject to the conditions established by that store.

If you experience any payment-related issues concerning In-app Purchases, it is essential to contact the Application Store directly.

8. Promotions

The Service might feature Promotions governed by distinct regulations separate from these Terms of Use.

Prior to engaging in any Promotions, it is strongly recommended to thoroughly examine the relevant regulations, in addition to our Privacy Policy. Should there be any inconsistencies between the rules for a Promotion and these Terms, the rules of the Promotion will hold precedence.

9. Disclaimer and limitation of liability

9.1. The Mobile Application and Services, along with any information provided on the Mobile Application and use of related facilities are offered on an "as is, as available" basis without any express or implied warranties.

9.2. We disclaim all warranties, including but not limited to, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or any implied warranties arising from usage of the Mobile Application or in relation to any inaccuracies or omissions in the Mobile Application.

9.3. We do not guarantee that the Mobile Application will always be available, uninterrupted, timely, secure, error-free, or free from computer virus or other harmful code. The Mobile Application may also be affected by acts of God or other force majeure events.

9.4. We may use reasonable efforts to ensure the accuracy and up-to-date information on the Mobile Application, but we make no warranties or representations as to its accuracy, timeliness, or completeness.

9.5. We shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, however caused, resulting from or in connection with the Mobile Application and Services, including your access to, use of, or inability to use the Mobile Application or Services, reliance on or downloading from the Mobile Application and/or Services, or any delays, inaccuracies, or errors in the information or in its transmission, even if we have been advised of the possibility of such damages.

9.6. We shall not be liable in contract, tort (including negligence or breach of statutory duty), or otherwise howsoever caused, for any indirect, consequential, collateral, special, or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use.

9.7. These exclusions and limitations apply to the extent permitted by law. They do not affect any of your statutory rights as a consumer that cannot be excluded or limited.

9.8. We acknowledge that electronic data transfers may be intercepted by others, and we cannot warrant that data transfers or electronic mail transmitted to or from us will not be monitored or read by others, notwithstanding our efforts to ensure that our system is secure.

10. METHOD OF UTILIZATION

Upon launching the application, users will be directed to the main screen, which offers access to a wide array of content based on the chosen application. This content encompasses motivational phrases, daily affirmations, humor, vocabulary, trivia, and other general interest information. Users can engage with this content by sharing it with others or marking it as a favorite.

Furthermore, users have the flexibility to configure the selected application to send notifications and reminders to their mobile devices at the frequency and volume of their choosing. These notifications will contain the user's preferred content.

10.1 General Configuration

Within the main screen, an icon located at the bottom right corner provides access to a section where users can modify the data they initially provided when first using the APPS. This includes adjusting personal details like name, gender identity, areas of interest, and more. Users can also customize various aspects of the chosen app, such as preferred content, language settings, sound preferences, and more. Additionally, this section allows users to manage their existing subscription, access the terms of use and privacy policies, and explore frequently asked questions.

10.2 Content Categories

A separate menu labeled "categories," accessible through the icon located in the lower left corner of the main screen, allows users to specify and narrow down the type of content they wish to receive. Users can also access their chosen favorite content and review any content they've created themselves.

10.3 Visual Customization

The "Theme" section, accessible through the icon at the bottom right of the main screen, empowers users to personalize the appearance of notifications on their mobile devices. This customization includes options for font styles, colors, typography, backgrounds, and more, ensuring that notifications align with users' preferences.

11. Intellectual property rights

The intellectual and industrial property rights concerning the APPS are the exclusive possession of TRBO FAST TOOLS INC. These rights encompass the authority to employ them in any manner, which includes but is not limited to reproduction, distribution, public dissemination, and adaptation. Third parties holding intellectual and industrial property rights to images, logos, and other symbols or content integrated into the APPS have granted the requisite permissions for their reproduction, distribution, and public availability. The user acknowledges that any unauthorized actions, such as reproduction, alteration, distribution, commercialization, decompilation, disassembly, utilization of reverse engineering techniques, or any other means to access the source code, alteration, or dissemination of unauthorized reference materials related to any components and tools embedded within the development, represent a breach of TRBO FAST TOOLS INC's intellectual property rights. As a result, the user agrees not to engage in any of the aforementioned activities.

12. Amendments

12.1. We reserve the right to modify the content within the Mobile Application, which includes descriptions and pricing for the products and services offered, without prior notification. Please be aware that we do not accept responsibility for any inaccuracies or omissions in the content of the Mobile Application.

12.2. We reserve the right to modify these Terms and Conditions of Use without notice. The updated version will be published on the Mobile Application and will take effect from the date of posting. It is recommended that you review these terms and conditions periodically as they are legally binding for you.

13. Applicable law and jurisdiction

The Mobile Application can be accessed from all countries where local technology allows. Because different places have different laws, by accessing the Mobile Application, you and we agree that the laws of the Canada will apply to all matters related to its use, without regard to the conflicts of laws principles.

You may not access or use the App for any purpose other than that for which we make the App available. You agree that your failure to adhere to any of these conditions shall constitute a breach of this Agreement on your part

14. User-Generated Content

Within the APPS, users have the capability to create and share their own motivational phrases, daily affirmations, jokes, vocabulary, curiosities, and other general interest information, hereinafter referred to as "user-generated content."

Users must understand that they bear responsibility for the user-generated content they post on or through the APPS, including its legality, accuracy, and appropriateness.

By posting user-generated content on or through the APPS, the user affirms and guarantees the following:

The user-generated content belongs to you (you are the owner) and/or you have the necessary rights to use it and grant us the rights and license as outlined in these Terms.

The act of posting user-generated content on or through the APPS does not infringe upon the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual or entity. We maintain the right to terminate the account of any person found to be infringing on copyright.

You maintain all of your rights in any user-generated content you submit, post, or display on or through our APPS, and it is your responsibility to safeguard these rights. We assume no responsibility or liability for any user-generated content that you or any third party posts on or through the APPS. However, by posting user-generated content through the APPS, users grant Monkey Taps the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such user-generated content on and through the APPS. Furthermore, you agree that this license encompasses the right for us to make your user-generated content accessible to other APPS users, who may also use your user-generated content subject to these Terms.