Terms of Service
EULA (END-USER LICENSE AGREEMENT)
(last updated 11 Maio 2021)
Definitions
In this EULA the following definitions, when capitalized, shall have the following meanings:
- Apple – means Apple, Inc., any parent or group company or any successor thereof which operates the
Apple mobile platform currently called “App Store”.
- Apps – means Our mobile applications and any services provided through the Apps. It is a part of the
Services which We provide to You. A complete list of the Apps can be found at www.opalastudios.com
- Company (or “Opala Studios”, “We”, “Us”, “Our”) – means Opala Studios Soluções Tecnológicas Ltda.,
the company registered in Brazil, registration number 20.885.673/0001-83, having registered office at Rua
Emiliano Perneta 680, Cj. 1006, Curitiba, Paraná 80710-570, Brazil.
- Content – means all kinds of content, including, but not limited to information, data, text, reviews, articles,
links, software, sound, music, photographs, graphic or video messages, tags or other materials uploaded,
posted, communicated, transmitted, created, generated or otherwise made available or accessible via Our
Services or via a Mobile Platform, whether publicly available or privately transmitted by a Third Party
Supplier, or contributed, submitted, displayed or otherwise provided by You when using the Services, or as
a result of Your interaction with other user of the Services.
- Device – means an authorized smartphone or a tablet or other mobile device, which You own or
otherwise legally control solely for Your lawful, personal, and non-commercial use.
- EEA – means the European Economic Area.
- EULA – means this End User License Agreement, which is the legal agreement between You and Us,
and together with all the related documentation sets forth the terms and conditions governing the use of
any of Our Apps downloaded and installed by You or other related Services.
- Intellectual Property Rights – means, collectively, rights under patent, trademark, copyright and trade
secret laws, and any other intellectual property or proprietary rights recognized in any country or
jurisdiction worldwide, including, without limitation, moral or similar rights.
- Mobile Platform – means a platform operated by a third party (e.g. “App Store” operated by Apple, or
“Google Play” operated by Google), where You may access and download the Apps to Your Device.
- Open Source Software – means all or any portion of the App, which constitutes a nonproprietary software
or software provided under free public license by third parties.
- Policy – means the privacy policy, which describes how We collect, use, process, store and share
information that We collect about You, and which is incorporated here by this reference as a part of EULA.
- Representative – means a parent, or a legal guardian, or other representative under the applicable law of
a person between 16 and 18 years of age.
- Services – means Apps and Our related services/products and websites, which You download, install,
use and/or visit.
- Third Party Suppliers – means third party suppliers who offer Content and/or services in conjunction with
or through the Services.
- Unacceptable Content – means any kind of content or behavior in connection with the use of the Apps or
Services that is either illegal or unacceptable under the generally accepted moral rules including, but not
limited to the following examples: (i) engaging in or contributing to any illegal activity or activity that violates
others’ rights, (ii) content that is or could be reasonably viewed as unlawful, harmful, harassing,
defamatory, libelous, obscene or otherwise objectionable and unacceptable; (iii) providing information that
is false, misleading or inaccurate, (iv) disclosing of any personal or proprietary information of another user
or any other person or otherwise invading other person privacy, (v) abuse, harassment, stalking, threats,
faming or intimidation of any person or organization, (vi) profanity or use of derogatory, discriminatory,
hatred or excessively graphic language, (vii) any content that may harm minors, (viii) disseminating or
advocating in any way hate, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or
war, (ix) offensive, vulgar, sexually explicit or pornographic content, (x) promoting the use of alcohol,
tobacco or any narcotic or illegal substances, firearms (xi) transmitting software viruses, worms or any
other kind of harmful software, (xii) unsolicited or unauthorized advertising, promotional materials, "junk
mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, (xiii) hacking, (xiv)
infringing any Intellectual Property Rights, or unlawful provision/disclosure of information (insider
information, confidential information, etc proprietary information), (xv) other unacceptable content or
behavior.
- You (or “Your” or “User”) – means the person, who uses Our Services under this EULA and whose data is
collected, stored, processed, used and shared according to Our Policy.
- Your information – means Your personal data and other related information further described in more
detail in the Policy.
About EULA and Us
Opala Studios is the developer of the Apps and related Services, which You are about to download, install,
access and/or use, whether on Your Device, or on our website or any other platform.
This EULA constitutes a legal agreement between You and Opala Studios. It contains important information
about Your rights and obligations in relation to the use of the Apps and related Services.
Use of Apps and related Services is also subject to Our Policy, which is incorporated into this EULA by this
reference.
If You download, install, access or use Our Apps or related Services, You hereby confirm Your consent to be
bound by the terms and conditions of this EULA, including the Policy. If You do not agree with any of the
terms and conditions of this EULA, please, do not download, install, access or use the Apps or related
Services.
By installing, accessing or using our Apps or related Services You also confirm that You are the owner of or
otherwise legally use the Device, and that You are at least 16 years of age and have a full legal capacity to
enter into this agreement. In case You are between 16 and 18 years of age, You hereby confirm, that Your
Representative has reviewed and agrees to the terms and conditions of this EULA and allows You to access
and/or use our Apps and related Services.
Our Apps download/purchase page may contain certain additional terms, conditions and requirements,
which constitute a part of this EULA. In case You download/purchase the Apps through the Mobile Platform,
please, review the terms and conditions of the owner of that particular Mobile Platform, which may provide
for certain additional requirements applicable to the download of the Apps through that Mobile Platform, its
installation and use.
License to use Our Apps and limitations
We hereby grant You a non-exclusive, personal, limited, revocable and non-transferable license to access,
download and use the Apps only on Your Devices, provided You agree to comply with all the terms and
conditions of this EULA. This includes You complying with the terms and conditions in relation to Our music
Apps copyrights. Please note that the Apps are licensed, not sold, to You. We own all rights, title and interest
in and to the Apps and reserve all rights not expressly granted to You in this EULA.
You may not sell, resell, distribute, redistribute, rent, lease, sublicense, assign, copy (except for a single
backup copy), or in any other way transfer or grant any rights to the Apps to any third party. You may not
distribute or make the Apps available over the network where it could be downloaded or used by multiple
devices at the same time, except when it is expressly permitted under the applicable Mobile Platform terms
or authorized by Us.
You may not use any automatic or manual device or process to interfere with the proper working of the Apps,
except to remove Our Apps from Your Device.
You may not decompile, disassemble, reverse engineer or create derivative works of the Apps or any parts
thereof. All modifications or enhancements to the Apps remain the sole property of Us.
Notwithstanding the terms and conditions of this EULA, the Open Source Software is licensed to You subject
to the terms and conditions of the respective software license agreements accompanying such Open Source
Software.
Installation, access and using Our Services
You are responsible for selection of the proper internet connection and/or paying any related charges that
You may incur for accessing and/or using Our Services. For the exact amount of the charges, service plans
and other conditions of the wireless or data connection services You shall enquire with Your mobile operator
or Your internet service provider before You access and/or use Our Services. We make no representation
that Our Services can be accessed on all wireless service plans or at any particular location.
We make no representation that Our Apps can be used (including availability and functioning of all features)
and Our Services can be accessed on any Device.
You have to make sure before downloading the Apps that they are available in any of the languages of Your
preference. We make no representation that the Apps are or will be available in all languages.
When You purchase the Apps or related Services from a Mobile Platform, including subscriptions and in-app
purchases, the payment for such purchases may be processed either by third parties on Our behalf, or
directly by the owner of the Mobile Platform. When purchasing the Apps or related Services, including
subscriptions and in-app purchases, You agree that the digital content will be available to You immediately,
and acknowledge that You will lose Your rights to the 14 days cancellation period and refunds available for
EU and EEA residents. If You download the Apps from a Mobile Platform owner, before effecting the
purchase from the Mobile Platform, please also review and accept the terms and conditions of that Mobile
Platform owner with regard to Your rights to cancel orders and get related refunds.
Some of Our apps may be available on a subscription basis. Subscriptions may be weekly, monthly, annual,
or seasonal. Payments for such subscriptions would be charged at Your account at the confirmation of the
purchase. They may be processed by third parties acting on Our behalf, or by the Mobile Platform owner.
Subscription will automatically renew for the same price and duration period as the original subscription
package chosen by You, unless You turn off the auto-renew: (i) in case of an Apple App Store, at least 24-
hours before the end of the current subscription period, or (ii) in case of Google Play Store, at any time
before the end of the subscription period. Your account will be charged for renewal within 24-hours prior to
the end of the current subscription period (Apple), or at the end of the subscription period (Google) at the
cost of the chosen package. You may manage subscriptions and turn off auto-renewal by going to the user's
account settings after the purchase. You can cancel the subscription at any time and the cancellation will
take effect after the end of the last day of that subscription period. Certain of Our subscription services may
be offered on a free trial basis for a certain period of time. You may cancel a subscription during its free trial
period via the subscription setting through Your account. This must be done 24 hours before the end of the
free trial subscription period (Apple), or at any time before the end of the free trial subscription period
(Google), otherwise it will be renewed as a paid subscription.
We make no warranty or representation regarding the availability of Our Services at any particular time or
location. There may be times when Our Services or any part of them are not available for technical or
maintenance related reasons, whether on a scheduled or unscheduled basis.
We have no obligation to make available to You any updates, supplements or subsequent versions of the
Apps. We reserve the right to modify or discontinue any part of the Services in Our sole discretion with or
without a prior notice. We may add or remove any features of functions of Our Apps. If We release a new
version of the Apps, or make new features available, We may request You to update the Apps installed on
your Device. Such updates may occur automatically or with the prior notice. In case of material updates,
supplements or new version of Apps, We may also ask You to review and accept Our new EULA (applicable
at that time) before You may install and start using the updated or new version of the Apps. If You do not
agree with the terms and conditions of the new EULA, you may not install or use the updated or new version
of the Apps, and You shall discontinue using the Apps or any related Services and shall uninstall and remove
the Apps from Your Device. Any obligations We may have to support the previous versions of the Apps will
be ended upon the availability of material updates, supplements or subsequent versions of the Apps.
The Apps may contain specific rules, controls and guidelines, which can be found within the Apps
themselves and which are related with the use of the Apps. Such rules, controls and guidelines form a part of
this EULA and You agree that You shall comply with them.
Functionality features of the Apps may contain the data location function, which is provided by the Third
Party Supplier. This data location function of the Apps is provided solely for the basic navigational purposes
that are needed for the due functioning of the Apps. Therefore, it is neither the intention, nor the purpose of
the Apps to be used as any kind of navigational tool, where the precise location data may be needed, and
You shall be solely responsible for any injury, damage or losses incurred due to such improper use of the
Apps. Neither Us, nor any Third Party Supplier gives any guarantee as to the availability, timeliness,
completeness, or accuracy of the location data of the Apps.
The transmission of information over wireless and wired networks is not inherently secure. We use many
tools to help to protect Your personal information against unauthorized access or disclosure, however, We
may not guarantee that Your personal information or private communications will always remain private when
using Our Apps or related Services. You accept all responsibility for such security risks and any damage that
may result therefrom. It is also Your sole responsibility to use all reasonable and recommended measures
(such as complex passwords, etc) in order to secure Your Device from any unauthorized access.
Privacy
Use of the Opala Studios Apps is subject to our Privacy Policy, which is hereby incorporated into this EULA
by reference.
Content and user conduct
You must comply with the laws that apply to You in the country of Your residence and any other location
where You download and install Our Apps and/or access and use Our Services from. If any laws applicable
to You restrict or prohibit You from using Our Services, or any part thereof (certain features, functionalities,
etc.), You must comply with those legal restrictions.
It is Your responsibility and obligation that all the Content You provide Us on accessing and/or using Our
Services is and shall remain true, accurate and complete in all material respects and at all times.
You understand and agree that all the Content that may be sent when using Our Services, whether publicly
shared, uploaded or posted on third party platforms/networks or privately sent, is the sole responsibility of
the person that sent the Content. This means that You, not Us, are entirely responsible for all Content that
You may upload, communicate, transmit or otherwise make available. Also, it is Your obligation to ensure
that such Content does not violate this EULA and the terms or policies of third party platforms/networks to
which You share, upload or post the Content.
It is Your responsibility and obligation not to upload, communicate, transmit or otherwise make available any
Unacceptable Content. If You are concerned that someone else uploads or otherwise provides any
Unacceptable Content, please, contact Us by email as follows: [email protected].
We do not control the Content posted via Our Services by other people and therefore We do not guarantee
the accuracy, integrity or quality of that Content. You understand that when using Our Services, You may be
exposed to Content that You may consider offensive, indecent or objectionable. Under no circumstances will
We be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content,
or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or
otherwise made available via Our Services.
We have the right to remove any uploaded Content from Our Services if we reasonably decide in Our sole
discretion that it constitutes the Unacceptable Content, or that it may bring Us or Our Services into disrepute.
You acknowledge that We may monitor the Content contributed by people that use Our Services, however,
We make no undertaking to do so.
Links to Third Party Suppliers, Content and services they provide
We may link or provide access to Third Party Suppliers websites or services from Our Services, or Our Apps
may be provided in connection with the advertising, services and Content of Third Party Suppliers. We are
not responsible for the availability of such websites or resources of the Third Party Suppliers, and We are not
responsible or liable for any Content, advertising, or services they provide. Any Content, advertising or
services by such Third Party Suppliers are provided following the terms of services and privacy policies to be
found on the website of the respective Third Party Supplier and, where applicable, You must familiarize
Yourself and accept the terms of services and privacy policies of such Third Party Suppliers before using
their services. We are not responsible or liable, directly or indirectly, to You in relation to any losses,
damages or harm caused by or in connection with use of any such Content or services by the Third Party
Suppliers. Any additional charges You may incur in relation to the use of the services by such Third Party
Suppliers is Your responsibility.
Intellectual property
You acknowledge that all and any Intellectual Property Rights in and relating to Our Services (other than
certain rights to the Content, which is contributed by You or other users of the Services), are owned by or
licensed to Us, including but not limited to Intellectual Property Rights to all trademarks, design, text,
illustrations, artwork, graphic material, code, content, protocols, software, and documentation provided to
You in relation with the use of Our Services. Intellectual Property Rights are protected by the respective
international, EU, US and other respective national copyright, trademarks, patents and other proprietary
rights and laws relating to Intellectual Property Rights.
Your rights to access and use Our Services (but not any related object and source code) are limited strictly
and solely to those expressly granted under the license as defined in more detail in section “License to use
Our Apps and its limitations” above and subject to compliance to all provisions of this EULA. All rights not
expressly granted hereunder are expressly reserved to Us and Our licensors, as the case may be.
You further acknowledge and agree that, except to the limited license expressly granted to You under this
EULA, You shall have no other rights, property or ownership interest to any of Our Services, including
without limitation Your accounts and any data associated with Your accounts. You must not copy, distribute,
make available to the public or create any derivative work from Our Apps or related Services or any part
thereof unless We have first agreed to this in writing.
You are solely responsible for any Content You contribute, upload, submit, display, share or otherwise
provide on or through Your use of Our Services. It is Your obligation to ensure that such Content does not
violate any copyright or other Intellectual Property Rights, and You must either own or have a license to use
any such Content. If your Content features individuals other than You, You confirm that You obtained
permission from such individuals or in case of minor children, You obtained the permission of their parent or
legal guardian. By contributing, submitting, displaying, sharing or otherwise providing Your Content via Our
Services You: (a) are representing that You are fully entitled to do so; (b) grant Us the non-exclusive,
irrevocable, worldwide, royalty free license to edit, adapt, publish, reproduce, distribute, publicly display and
use Your entry (Content) and any derivative works We may create from it, in any and all media (whether it
exists now or in the future), for any purpose, in perpetuity, without any payment to You; (c) acknowledge that
You may have what are known as "moral rights" in the Content, for example the right to be named as the
creator of Your entry, etc., or any similar rights that may exist now or may be created in the future, and You
agree to waive any such moral or similar rights You may have in the Content; (d) agree that We have no
obligation to monitor or protect Your rights in any Content that You may submit to Us, and We shall not be
liable for any use or disclosure of it; (e) assume any and all risks in relation to the use of such Content by
any person, including any risks related to the disclosure of the Content (Your entry) that could make You or
any third parties personally identifiable; (f) represent and warrant to us that such content does not constitute
an Unacceptable Content and in other respects complies with the rules of section “Content and user
conduct” as set above by this EULA.
You are solely responsible for any Content You create or generate on, through or in relation to Your use of
Our Services and share, post, upload, submit, display or otherwise provide such Content to Us, directly or via
third party platforms (including Mobile Platforms)/networks (social media). It is Your obligation to ensure that
such Content does not violate any copyright or other Intellectual Property Rights, and You must either own or
have a license to use any such Content. If Your Content features individuals other than You, You confirm that
You obtained permission from such individuals or in case of minor children, You obtained the permission of
their parent or legal guardian. By sharing, posting, uploading, submitting, displaying or otherwise providing
Your Content You: (a) are representing that You are fully entitled to do so; (b) grant Us the non-exclusive,
revocable, transferable, sub-licensable, worldwide, royalty free license to edit, adapt, modify, publish,
reproduce, distribute, publicly display and use such Content and any derivative works We may create from it,
in any and all media (whether it exists now or in the future), for any purpose in relation to Our Apps or
Services (including but not limited to marketing or promotional purposes such promotional material posted on
social media pages and webpages operated by Opala Studios and/or advertisements) without any payment
to You (consistent with our Privacy Policy); (c) acknowledge that You may have what are known as "moral
rights" in the Content, for example the right to be named as the creator of Your entry, etc., or any similar
rights that may exist now or may be created in the future, and You agree to waive any such moral or similar
rights You may have in the Content; (d) agree that We have no obligation to monitor or protect Your rights in
any such Content, and you release, discharge and agree to hold Opala Studios harmless from any liability in
relation to the use or disclosure of it; (e) assume any and all risks in relation to the use of such Content by
any person, including any risks related to the disclosure of the Content that could make You or any third
parties personally identifiable; (f) represent and warrant to us that such content does not constitute an
Unacceptable Content and in other respects complies with the rules of section “Content and user conduct”
as set above by this EULA. This licence may be revoked and/or terminated by providing us with written
notice of Your desire to do so by email at [email protected].
U.S. GOVERNMENT RESTRICTED RIGHTS: Our Services have been developed entirely at private
expense and are provided as "Commercial Computer Software" or "restricted computer software". Any use,
duplication or disclosure by the U.S. Government or a U.S. Government subcontractor is subject to the
restrictions set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
clauses in DFARS 252.227-7013 or as set forth in subparagraph (c)(1) and (2) of the Commercial Computer
Software Restricted Rights clauses at FAR 52.227-19, as applicable.
You may not sell, distribute, sublicense or in any other way transfer or grant any rights to the individual loops
or sound packs of the app, as is, to any third party, or use them in another similar app.
Export controls and legal compliance
Any download of Our Apps and use of Our Services shall be in compliance with all relevant international,
U.N., USA or EU sales, export or import restrictions and regulations and You agree to comply with them. You
represent and warrant that (i) You are not located in a country that is subject to U.S. Government embargo,
or that has been designated by the U.S. Government as a "terrorist supporting" country; (ii) You are not listed
on any U.S Goverment list of prohibited or restricted parties; and (iii) You comply with relevant U.N. and EU
sanctions and embargoes.
Term, termination and survival
The license under this EULA is effective for an indefinite period of time, until Opala Studios terminates it, or
until You decide to terminate it by uninstalling and discontinuing use of the Apps. The EULA, Your rights and
licenses hereunder will terminate automatically without notice, if You fail to comply with any of the provisions
of this EULA. Opala Studios reserves the right to suspend, discontinue, enhance, update or otherwise modify
the Apps (or any of its features or functionalities), or its availability to You, at any time without notice. Upon
termination of the license to the Apps, You will cease all use of the Apps and related Services.
All provisions of this EULA with regard to Privacy, Intellectual Property Rights, disclaimer of warranty,
limitation of liability, indemnification, applicable law and severability, waivers and dispute resolution will
survive the termination.
Disclaimer of warranty
THE APPS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND
WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK AND THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE
MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, OPALA STUDIOS, ON BEHALF OF ITSELF
AND ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS AND
OWNERS OF THE MOBILE PLATFORMS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE,
QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS,
AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE.
WITHOUT LIMITATION, OPALA STUDIOS MAKES NO WARRANTY THAT THE APPS AND RELATED
SERVICES AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS,
THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS
WILL BE CORRECTED OR THAT THE APPS AND RELATED SERVICES ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE
LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE OR
LOSSES ARISING FROM YOUR USE OF OUR APPS OR RELATED SERVICES, OR DUE TO ANY
UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY
ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF
USE OF ANY CONTENT.
Limitation of liability
UNDER NO CIRCUMSTANCES WILL OPALA STUDIOS OR ITS DIRECTORS, OFFICERS, EMPLOYEES,
AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY LOSS OR INJURY OR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
INJURY TO PERSON OR PROPERTY, FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO
MEET ANY DUTY OR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR
INABILITY TO USE THE APPS OR RELATED SERVICES, BREACH OF CONTRACT, UNAUTHORISED
ACCESS, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF
WE OR OUR AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THIS EULA OR
RELATED TO YOUR USE OF THE APPS OR RELATED SERVICES, WHETHER IN CONTRACT OR TORT,
EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR USING THE APPS AND RELATED SERVICES
UNDER THIS EULA DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE THE
CLAIM FIRST AROSE. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY WILL APPLY EVEN
IF ANY REMEDY SPECIFIED IN THIS EULA IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND,
INDEMNIFY AND HOLD OPALA STUDIOS, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS,
AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESS FROM ANY AND ALL THIRD PARTY
CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTS AND/OR EXPENSES (INCLUDING, BUT NOT
LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR OR INCURRED AS A RESULT OF YOUR USE
OF THE APPS OR RELATED SERVICES, OR ANY KIND OF ALLEGED OR ACTUAL BREACH BY YOU
OF THIS EULA, OR ANY INFRINGEMENT BY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL
PROPERTY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS.
Amendments
We can make amendments to EULA from time to time. Your continued use of the Apps and Services after
the EULA has been amended shall mean that You accept the amendment to EULA. If You do not agree with
any amendment to this EULA, You shall discontinue using the Apps or any related Services and shall
uninstall and remove the Apps from Your Device. To uninstall and remove the Apps, please use the
application manager provided with Your Device or consult Your Device manual for reference.
Applicable law and severability
The provisions of this EULA shall be governed by and construed in accordance with the laws of Brazil.
Depending on the laws of Your jurisdiction (place of residence), You may have certain rights that cannot be
waived through this EULA and that are in addition to the terms of this EULA, and certain provisions of this
EULA may be unenforceable as to You. To the extent that any term or condition of this EULA is
unenforceable, the remainder of the EULA shall remain in full force and effect.
If any part of EULA is held to be invalid or unenforceable under any applicable local laws or by an applicable
court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible
Our original intentions and the remainder of the EULA shall remain valid and enforceable. If it is not possible
to interpret an invalid or unenforceable part of this EULA in a manner consistent with applicable law, then
that part shall be deemed deleted without affecting the remaining provisions of the EULA.
Waiver of Our rights
Our failure to exercise or enforce any of Our rights under EULA does not waive Our right to enforce such
right. Any waiver of such rights shall only be effective if it is in writing and signed by Us.
Dispute resolution
Most concerns can be solved quickly by contacting Us at [email protected].
In the unlikely event that We cannot solve Your concern and You wish to bring legal action against Us, then
that dispute will be subject to the jurisdiction of the courts of Brazil.
Notice for Apple Device users
In case You download, install or access the Apps or related Services through Your Apple Device, You
specifically acknowledge and agree that the following additional terms shall apply (in case of conflict
between these additional terms in this section and other terms of this EULA the terms of this section shall
prevail):
This EULA is concluded between You and Us only, not with Apple, and Apple is not responsible for the Apps,
related Services, or the content thereof;
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the
Apps;
In the event of any failure of the Apps to conform to any applicable warranty, You may notify Apple and Apple
will refund the purchase price for the relevant Apps to You. To the maximum extent permitted by applicable
law, Apple has no other warranty obligation whatsoever with respect to the Apps and any other claims,
losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be
Our sole responsibility;
Apple is not responsible for addressing any claims by You or a third party relating to the Apps or Your
possession and/or use of the Apps, including, but not limited to: (i) product liability claims; (ii) any claim that
the Apps fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under
consumer protection, privacy or similar legislation;
To the extent We are required to provide indemnification by applicable law, We and not Apple, shall be solely
responsible for the investigation, defense, settlement and discharge of any third party claim that the Apps or
Your possession and use of the Apps infringes that third party‘s Intellectual Property Rights;
Apple and its subsidiaries are third party beneficiaries of this EULA and upon Your acceptance of the terms
and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to
enforce this EULA against You as a third party beneficiary of this EULA;
Opala Studios authorizes the use of the Apps by multiple users through the Family Sharing or any similar
functionality provided by Apple.
Queries regarding this EULA
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