Terms of Use for LuckyMe
These Terms of Use (hereinafter "Terms") regulate the download, access, and use of the mobile application (hereinafter "LuckyMe" or the "App"), which is available to users free of charge on Google Play (Android) and Apple Store (iOS) and can be accessed through the relevant links on the official website.
By downloading and using LuckyMe, you (hereinafter the "User") acquire the status of a user of the App. Accessing LuckyMe constitutes your unreserved acceptance and consent to these Terms.
1. Responsible Party
The owner and responsible party for LuckyMe (hereinafter the "Responsible Party") is the entity operating the App, with the contact email address provided for user communications (hereinafter "Support Email").
2. Purpose of the App
LuckyMe has been developed to enable Users to access, via their mobile devices in a simple, fast manner and at a frequency of their choice, content such as motivational phrases, daily affirmations, jokes, vocabulary, curiosities, and other general interest information (hereinafter the "Content").
3. Compatible Devices
LuckyMe is available for free on Google Play (Android) and Apple Store (iOS). The User acknowledges and agrees to comply with all applicable terms and conditions regarding the acquisition, download, and update of LuckyMe as specified by the respective application stores.
The terms of use of these application stores are available on the following websites:
- Google Play Store: https://play.google.com/intl/es-419_es/about/play-terms/index.html
- App Store: https://www.apple.com/legal/internet-services/itunes/es/terms.html
4. Getting Started with LuckyMe
4.1 Initial Setup
When launching LuckyMe for the first time, the User may be asked to optionally answer questions related to general data associated with the App. The User may also configure the frequency and quantity of Content reminders they wish to receive on their mobile device.
All this information can be modified at any time and at the User’s discretion through the corresponding configuration panel available within LuckyMe.
4.2 Free and Premium Versions
After completing the initial optional questions, the User will have access to a free version of LuckyMe with limited Content. This free version allows the User to test the App to determine if it meets their needs.
To access all Content of LuckyMe, the User must subscribe to the Premium version through the available payment plans (monthly, annual, or lifetime). Payments can be made via the various payment options offered by Google Play Store or Apple Store, depending on the store from which the User downloaded LuckyMe.
5. Method of Use
5.1 Main Screen and Basic Functions
Upon launching LuckyMe, the User will access a main screen where they can view the Content (motivational phrases, daily affirmations, jokes, vocabulary, curiosities, etc.) based on the App’s design. The User may share the Content or mark it as a favorite.
In accordance with the frequency and quantity set by the User, LuckyMe will send reminders/notifications to the User’s mobile device containing the selected Content.
5.2 General Settings
From the main screen, via an icon located at the bottom right, the User can access a section to modify all data provided during the initial launch of LuckyMe (such as name, gender identity, areas of interest, etc.), configure all aspects related to the App (preferred Content, language, sounds, etc.), manage their current subscription, access these Terms of Use and the Privacy Policy, and view frequently asked questions.
5.3 Content Categories
The User can also access, via an icon located at the bottom left of the main screen, a "Categories" menu. Here, the User can specify and narrow down the Content they are most interested in receiving. Additionally, the User can view Content they have marked as favorites and Content they have created themselves.
5.4 Customization (Backgrounds and Display)
Through an icon located at the bottom right of the main screen, the User can access a "Backgrounds" section. In this section, the User can customize the font, colors, typography, backgrounds, and other display elements for the reminders shown on their mobile device.
6. Intellectual and Industrial Property Rights
6.1 Rights to the App
All intellectual and industrial property rights over LuckyMe (including but not limited to the App’s code, design, interface, and pre-provided Content) are owned by the Responsible Party. The Responsible Party holds exclusive rights to exploit these rights in any form, including, in particular, the rights of reproduction, distribution, public communication, and transformation.
Third-party holders of intellectual and industrial property rights over photographs, logos, symbols, or other Content included in LuckyMe have granted the necessary authorizations for the reproduction, distribution, and public availability of such materials.
6.2 Prohibited Acts
The User acknowledges that any of the following actions constitutes an infringement of the Responsible Party’s intellectual property rights and agrees not to engage in such conduct:
- Reproduction, modification, distribution, or commercialization of LuckyMe or any part thereof without prior written authorization.
- Decompilation, disassembly, or use of reverse engineering techniques to obtain the source code of LuckyMe.
- Publication of unauthorized reference test results related to any elements or utilities integrated into LuckyMe.
6.3 User-Generated Content
Through LuckyMe, the User may create and share their own Content (such as motivational phrases, daily affirmations, jokes, etc.) (hereinafter "User Content").
6.3.1 User Responsibility for User Content
The User is solely responsible for the User Content they publish on or through LuckyMe, including its legality, reliability, and appropriateness.
By posting User Content on or through LuckyMe, the User represents and warrants that:
- The User owns the User Content or has the legal right to use it and to grant the license described in this Section 6.3.
- Posting the User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any third party.
- The Responsible Party reserves the right to terminate the User’s access to LuckyMe if the User infringes the copyrights of others.
6.3.2 License to User Content
The User retains all their rights to the User Content they submit, post, or display on or through LuckyMe and is responsible for protecting those rights. The Responsible Party assumes no responsibility or liability for any User Content posted by the User or any third party on or through LuckyMe.
By posting User Content through LuckyMe, the User grants the Responsible Party a non-exclusive, worldwide, royalty-free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through LuckyMe. This license also includes the right for the Responsible Party to make the User Content available to other Users of LuckyMe, who may use the User Content in accordance with these Terms.
7. Responsibility
7.1 Limitation of Liability
The Responsible Party shall use reasonable efforts to provide LuckyMe and its services with the highest possible quality. However, the Responsible Party shall not be liable for any damages arising from:
- Failures, interruptions, or malfunctions caused by system errors, malware, viruses, interference, disconnections, or service outages.
- Illegitimate actions of third parties, or improper or inappropriate use of LuckyMe by the User.
- Circumstances beyond the Responsible Party’s control, including but not limited to force majeure, lack of updates to the User’s device, or issues with the User’s internet connection.
The Responsible Party cannot guarantee the absence of viruses or other harmful elements that may affect the User’s device. The User shall adopt necessary measures to protect their device from such risks, considering the current state of telecommunications technology.
7.2 Temporary Interruptions
The Responsible Party may temporarily interrupt access to LuckyMe for security reasons, IT resource restructuring, or to improve the App’s services. The Responsible Party shall make reasonable efforts to notify Users of such interruptions when feasible.
7.3 User Indemnification
The User agrees to indemnify and hold harmless the Responsible Party, its subsidiaries, affiliates, officers, and employees from any claim, demand, or damage (including reasonable attorneys’ fees) made by any third party arising from:
- The User’s improper or unauthorized use of LuckyMe or its services.
- The User’s violation of these Terms or the Privacy Policy.
- The User’s violation of any applicable law or regulation.
7.4 Exclusive Remedy for Dissatisfaction
If the User is dissatisfied with LuckyMe, its Content, services, these Terms, or the Privacy Policy, the User’s sole and exclusive remedy shall be to cease accessing and using LuckyMe.
8. Nullity and Ineffectiveness of Clauses
If any clause in these Terms is declared fully or partially null or ineffective by a competent authority, such nullity or ineffectiveness shall only apply to that clause (or the affected part thereof). The remaining clauses of these Terms shall remain in full force and effect, and the null or ineffective clause (or part thereof) shall be deemed not to have been included.
9. Applicable Law and Jurisdiction
9.1 General Provisions
Any dispute arising out of or in connection with LuckyMe, its Content, services, or these Terms shall be governed by applicable law, depending on the User’s status:
- For business Users or corporate entities: Both parties submit to the laws and jurisdiction of the state/country where the Responsible Party is domiciled.
- For individual Users: Disputes shall be resolved in accordance with the applicable law and jurisdiction of the User’s country of residence.
9.2 European Union Users
For Users resident in the European Union, in the event of a consumer-related legal dispute, the European Commission provides an online dispute resolution platform, available at: http://ec.europa.eu/consumers/odr/.
9.3 Communications
For any communications regarding LuckyMe, including incidents, queries, or complaints, the User may contact the Responsible Party via the Support Email.