Effective date: September 20, 2025
Introduction and Acceptance
These Terms of Use ("Terms") govern your access to and use of the mobile applications provided by Appicdev ("we," "us," or "our"), including SleepDreams, Radio FM, Color Magic, SunSmart and any other apps we may offer from time to time (collectively, the "Services" or "Apps").
Please read these Terms carefully before using any of our Services. By using our Services, you agree to be bound by these Terms, as they may be updated or amended periodically.
Intellectual Property
Our Services and associated content (and any derivative works or enhancements of the same) including, but not limited to, all artwork, text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, and interactive features included with or available through our Services (collectively, the "Service Content") and all intellectual property rights to the same are owned by us, our licensors, or both. Additionally, all trademarks, service marks, trade names and trade dress that may appear in our Services are owned by us, our licensors, or identified third parties. Except for the limited use rights granted to you in these Terms, you shall not acquire any right, title or interest in our Services or any Service Content. Any rights not expressly granted in these Terms are expressly reserved.
Access and Use
Our Services are provided for your personal, non-commercial use only. We may offer certain portions of our Services at no charge and others for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services. Unless we specifically tell you otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment.
When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Service Content for any purpose whatsoever without obtaining prior written consent from us or, in the case of third party content, its applicable owner.
Furthermore, except as expressly permitted in these Terms, you may not:
- remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
- circumvent, disable or otherwise interfere with our security-related features;
- use an automatic device (such as a robot or spider) or manual process to copy or "scrape" the Website or Service Content without our express written permission;
- collect or harvest any personally identifiable information from our Services;
- solicit other users to join or become members of any commercial online service or other organization without our prior written approval;
- attempt to interfere with the proper working of our Services or impair, overburden, or disable the same;
- decompile, reverse engineer, or disassemble any portion of our software or other Service Content;
- use network-monitoring software to determine architecture of or extract usage data from our Services;
- encourage conduct that violates any local, state or federal law, either civil or criminal;
- impersonate another user, person, or entity;
- violate applicable export laws and regulations;
- engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms.
Service Content & Third-Party Links
We provide our Services, including Service Content, for educational, entertainment and/or promotional purposes only. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, and do not necessarily endorse, the content found on these third-party websites. You assume sole responsibility for your use of third-party links.
Indemnification
You agree to indemnify and hold harmless Appicdev and its officers, directors, employees, partners, affiliates, and related parties from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising from your use of our Services.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW.
Limitation on Liability
UNDER NO CIRCUMSTANCES SHALL APPICDEV OR ITS AFFILIATES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OUR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL CUMULATIVE LIABILITY OF APPICDEV FOR ANY CLAIMS RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID (IF ANY) IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.
Termination
We reserve the right in our sole discretion to suspend or terminate your access to our Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users or us.
Copyright Policy
We respect the intellectual property rights of others. In appropriate cases, we may remove or disable access to content that infringes the rights of others.
Choice of Law; Jurisdiction and Venue
These Terms are governed by the laws of Belarus. Any disputes must be brought exclusively in the courts of Belarus.
Dispute Resolution and Mandatory Arbitration
We agree to attempt to resolve any dispute through informal negotiation first. If resolution cannot be reached within thirty (30) days, binding arbitration will be used. Any arbitration shall be conducted on an individual basis, and not in a class, consolidated, or representative proceeding.
No Class Actions; No Trial by Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS, AND ANY RIGHT TO TRIAL BY JURY.
Amendment; Additional Terms
We reserve the right to modify these Terms at any time. Modifications will be effective when posted in the Apps or on our website. Continued use of our Services indicates your acceptance of the revised Terms. We may also present additional terms ("Additional Terms") for specific features; to the extent of a conflict, the Additional Terms will control.
Miscellaneous
These Terms constitute the entire agreement between you and Appicdev regarding the use of the Services. If any provision is found invalid, the remaining provisions shall remain in full force and effect. You may not assign these Terms without our prior written consent; we may assign these Terms without notice.
Contact Information
If you have any questions about these Terms, please contact us at appicdev@proton.me.