Privacy Policy and Terms of Use

Privacy Policy

INTRODUCTION

This policy applies to all the information collected on or submitted to our Fly Higher! app for any devices and platforms.

By using FLY Higher! app you are consenting to our processing of your information in the ways set in this Privacy Policy & Terms of Use.

WHAT INFORMATION WE COLLECT and HOW WE USE IT

  1. The information you provide us with. Such as:

  • your email address (by using our support service) in order to get an answer for your request;

  • or any information you wrote to us by email in order to improve our application.

  1. The Information we automatically collect. Such as:

  • device information (model of your phone, its brand and operating system);

  • geolocation information (like your country or region - to know where our users are from).

  1. We use third parties to help us collect this information and analyze it. But we provide them generated random string as user ID (to identify user).


We don’t see the names of your tasks, steps, goals etc., it exists only on your phone. But we see how often you close tasks, steps, goals etc., or which achievements you opened and when. We use this information to provide you with a better service, fix bugs and crashes, and to improve our application.

THIRD PARTY DISCLOSURE

We use third-party analytics tools (Google Firebase, Mixpanel) to help us understand the cause of crashes to fix them; and the usage information (such as frequency of use, tasks completed, etc.) to improve the app. But we provide them generated random string as user unique ID (to identify user). These third parties have separate and independent privacy policies, and we have no responsibility or liability for their content or activities.

We may release your information when we believe it is appropriate to comply with the law.

In the future, we may sell to, buy from, merge or partner with other businesses. In such transactions user information may occur among the transferred assets.

SUBSCRIPTIONS, TERMS OF USE

Non-Renewing Subscription, don't need to be canceled.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

We never collect or maintain information from those we actually know are under 13, and no part of our app is structured to attract anyone under 13. If you believe we may have information from or about someone under the age of 13, please contact us (see below) and we will promptly delete that information.

INFORMATION FOR EUROPEAN UNION CUSTOMERS

By using FLY Higher! and providing your information, you authorise us to collect, use, and store your information outside the European Union.

INTERNATIONAL TRANSFERS OF INFORMATION

Information may be processed, stored, and used outside the country in which you are located. Data privacy laws vary across jurisdictions, and different laws may be applicable to your data depending on where it is processed, stored, or used.

CONTACT US

If you have any questions regarding this privacy policy, please contact us at flyhigher.app@gmail.com


Terms of Use

INTRODUCTION

This policy applies to all the information collected on or submitted to our Fly Higher! app for any devices and platforms.

By using FLY Higher! you are consenting to our processing of your information in the ways set in this Privacy Policy & Terms of Use.

FLY HIGHER! APPLICATION LICENSE AGREEMENT

THIS APPLICATION LICENSE AGREEMENT ("LICENSE AGREEMENT") IS THE LEGAL AGREEMENT BETWEEN YOU AND FLY HIGHER! APPLICATION (A PROPERTY OF IVAN and DARIA KOZACHOK). FOR CLARITY FLY HIGHER! APPLICATION WILL BE CALLED “SOFTWARE” FURTHER IN THE AGREEMENT.

BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, UNINSTALL THE SOFTWARE AND DO NOT USE IT IN ANY MANNER WHATSOEVER.

GRANT OF LICENSE

Subject to your compliance with the terms and conditions set forth herein, Ivan and Daria Kozachok, hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the Software on your mobile device for the sole purpose of accessing, opening and using the capabilities and services enabled via the Software.

RESTRICTIONS OF USE

You may not: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based thereon; (ii) install the Software onto a server so that it is accessible via a public network; (iii) share or permit other individuals/entities to use the Software, rent, lease or transfer the Software or the rights to use it; or (iv) delete or modify any attributions, legal notices or other proprietary designations in the Software or part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to Ivan and Daria Kozachok at law or in equity.


TITLE AND OWNERSHIP

The Software and any revisions, modifications, enhancements and/or derivatives thereof are owned by Ivan and Daria Kozachok and/or their licensors and are protected under copyright laws and treaties. All the rights, title, and interest in and to the Software, including all the associated intellectual property rights are and shall remain owned solely by Ivan and Daria Kozachok.

THIRD PARTY SOFTWARE

Any third party software that may be provided with the Software is included for use at your option. Such third party software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such third party software is provided AS IS. Ivan and Daria Kozachok are not liable for any losses or damages caused by the use of any third party software.

UPDATES/UPGRADES

Ivan and Daria Kozachok improve the Software from time to time and may update/upgrade the Software at its sole discretion, with or without notification. Some updates/upgrades may be optional and some may be mandatory in order to operate the Software. At its sole discretion, Ivan and Daria Kozachok may, but are not obligated to, provide email and/or internet based support with online help.

PAID ACCOUNTS

You'll be automatically billed from the date you convert to a Premium (Paid Account). Please note that you'll be charged the tax when we are required to do so, and you are responsible for all the applicable taxes. You don't need to cancel your subscription, because it's not renewable. Also we can’t give you back money that has already been taken. Your Paid Account will remain active until your paid time is expired or termination under these Terms. Failing to pay for your Paid Account might result in loss of access to the Premium features.

COMPLIANCE WITH LAW

This Software is intended for use only in compliance with applicable laws and only with the properly licensed media and content. You undertake to use the Software in accordance with all the applicable laws, including without limitation, all applicable export laws, restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such laws, restrictions and/or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.

CHANGES TO SOFTWARE OR LICENSE AGREEMENT

Ivan and Daria Kozachok may modify, suspend, or discontinue any aspect of the Software at any time. Ivan and Daria Kozachok reserve the right to modify the terms of this License Agreement, whereby material changes will be disclosed to you through a patch process or through mobile application. Except for changes to this License Agreement that affect your privacy, which shall be subject to your specific acceptance, your continued use of the Software, following any revision of the Software or this License Agreement, constitutes your acceptance of any such changes.

WARRANTY DISCLAIMER

THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Ivan and Daria Kozachok DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL Ivan and Daria Kozachok OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Ivan and Daria Kozachok’s CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO Ivan and Daria Kozachok FOR USE OF THE SOFTWARE, EVEN IF Ivan and Daria Kozachok HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

IMMEDIATE TERMINATION

Without prejudice to any other rights, this Agreement and your right to use this Software automatically terminates if you fail to comply with any provision of this License Agreement. Ivan and Daria Kozachok may terminate this License Agreement at any time with or without prior notice. You may terminate this license at any time by stopping your use thereof and uninstalling the Software.

FOR iOS USERS

– The payment will be charged to iTunes Account at the confirmation of a purchase;

– The subscription automatically renews unless the auto-renewal is turned off at least 24-hours before the end of the current period;

– The account will be charged for the renewal within 24-hours prior to the end of the current period;

– The subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after the purchase

MISCELLANEOUS

This License Agreement shall constitute the complete and exclusive agreement between us. Ivan and Daria Kozachok'S ACCEPTANCE OF YOUR USE OF THE SOFTWARE, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of this License Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.