Terms & Conditions

Please read these terms and conditions of use (“Terms”) carefully before using PresentationTimer App. By accessing, browsing and/or using this Service, you (the end user of the Service referred to herein below as “User” or “you”) acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents and disclosures set forth in these Terms and the applicable guidelines set forth on the websites for any MacOS or Mobile apps you download. If you do not agree to the Terms and the applicable guidelines, then you are obliged to cease using the Service immediately. If you are entering into these Terms on behalf of a legal entity, you acknowledge and declare that you have the legal authority to bind that legal entity.

 

1. INTRODUCTION

These Terms contained herein on this webpage, shall govern your use of PresentationTimer App, including all pages within this website and the PresentationTimer app (collectively referred to herein below as the “Service” or “PresentationTimer App Service”). These Terms apply in full force and effect to your use of PresentationTimer App Service and by using the Service, you expressly fully accept all the Terms contained herein in full. You must not use the PresentationTimer app or any of the Service, if you have any objection to any of these Terms. By using this Service, you agree that you are of at least 18 years of age, or using this Service under a parent or guardian’s supervision, and are legally capable of entering into a contract.

NEURONDIGITAL LTD, a company incorporated under the laws of Malta on the 14th May 2021, having official number C99146, and its official address at 8, Maranatha, Triq tal-Fieres, Kirkop, Malta (hereinafter referred to as “PresentationTimer App”) operates an application currently available on iOS and Android. We currently operate from ‘Marantha’, Triq Tal-Fieres, Kirkop, Malta, Europe.

 

2. PROPRIETARY RIGHTS

All Intellectual Property Rights related to the Service (including any documentation and all parts and copies thereof) including but not limited to hardware, equipment, logo, software, copyrights and related rights (including database and catalogue rights and photography rights), design, trademarks, patents, models, text, software, technical drawings, configurations, graphics, templates, design elements, animations, trade secrets and know-how, other files, and their selection and arrangements (whether registered or unregistered) (the “Intellectual Property Rights”) belong to PresentationTimer App, and/or its suppliers, affiliates, or licensors. PresentationTimer App or its licensors own and reserve all right, title and interest in and to the Service and all Intellectual Property Rights, other than the rights PresentationTimer App expressly grant to you by way of a limited non-transferable and non-sublicensable right, to use the Service. 

No title to or ownership of any Intellectual Property Rights related to the Service is transferred to you pursuant to these Terms. If you provide comments, suggestions and recommendations to PresentationTimer App about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to PresentationTimer App. 

 

 

3. RESTRICTIONS

You are expressly and emphatically forbidden from all of the following:

  • selling, sublicensing and/or otherwise commercializing any PresentationTimer App Service material;
  • using PresentationTimer App Service in any way that is, or may be, damaging to PresentationTimer App;
  • using PresentationTimer App Service in any way that impacts user access to PresentationTimer App Service;
  • using PresentationTimer App Service contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to PresentationTimer App, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to PresentationTimer App Service, or while using PresentationTimer App Service;
  • reverse engineer, decompile, decipher, translate, disassemble, or otherwise attempt to access source code of any [Android App, Apk file, IOS App, server, databases, infrastructure belonging to PresentationTimer App ] (“PresentationTimer App Technology”);
  • provide use of the PresentationTimer App Technology on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the PresentationTimer App Technology or "frame" or "mirror" the PresentationTimer App Technology on any other server, or wireless or Internet-based device;
  • use any PresentationTimer App Technology (including to create any application) in any way that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of PresentationTimer App or any third party;
  • Avoiding payment of charges or fees payable by you with respect to the Service;
  • Committing any act that may be harmful to minors;
  • Violating any applicable law or regulation; and
  • Collecting or storing any personal identifiable information from the Service of other users of the Service without their express prior consent.
  • Submitting, via the Service's AI-powered translation features, any content You do not have the right to submit, or any content that violates the acceptable use or usage policies of any underlying third-party AI service provider (including OpenAI) engaged by PresentationTimer App to provide those features.

 

4. THIRD PARTY BENEFICIARIES

These Terms are concluded between PresentationTimer App and the User.  Nonetheless, any third party entities with which PresentationTimer App has a contractual relationship in furtherance to the provision of the Service are deemed as third party beneficiaries of these Terms in the sense that they will have the right to enforce their own terms of service, where applicable, against the User as the end user of the Service.

The User must agree and abide by all applicable third party terms of service and terms and conditions when using the Service.

 

5. THIRD PARTY SITES, LINKS & ADS

The Service may present advertisements for or links to third party websites, products, and/or services, or, in general, content or information that might be inaccurate, incomplete, misleading, illegal, immoral or otherwise harmful ("Third Party Ads"). PresentationTimer App is not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither PresentationTimer App, nor any of its officers, directors, developers, consultants, employees and affiliates will be liable for any errors in content or omissions, or any such content, in general, in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.

 

6. TERMS AND CONDITIONS FOR PREMIUM MEMBERS

Certain PresentationTimer App Service features require you to have a premium membership.

 

Subscription Requirement

In order to access certain functionalities of the Service, you may be required to pay premium membership fees which will grant you a subscription to the Service (the “Subscription”). PresentationTimer App reserves the right to unilaterally increase premium membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.

 

Payment

Payment obligations are non-cancellable and fees paid are non-refundable. PresentationTimer App reserves the right to suspend our Service to you until and amounts due are paid in full.

 

Automatic Renewal

When your Subscription period or your trial expires, your credit card will be charged automatically with the standard Subscription membership fees which were valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time as originally subscribed for, unless you cancel your Subscription at least 24 hours prior to the expiration of your current Subscription. The standard Subscription fees can be viewed on the PresentationTimer app.  Subscribing to PresentationTimer App Service shall automatically mean that you agree to the Subscription fees therein.

 

 

Refunds

You may terminate your Subscription at any time and you will not be obliged to pay any additional fees for upcoming Subscription renewal periods. However, any Subscription fees you have paid in advance will not be refunded unless there have been 30 days or less since the payment. Payments made in the preceding 30 days or less from date of termination, shall be refundable by contacting PresentationTimer App support on melvin@neurondigital.com.

 

7. YOUR ACCOUNT

In order to use certain features of the Service, you may have to register and create an account with PresentationTimer App. By creating an account, and making use of the PresentationTimer App Service, you claim and confirm that you are of legal age in accordance to applicable law, that you are legally authorized to enter into agreements according to applicable law, and that you are permitted by applicable law to create an account and make use of the PresentationTimer App Service.

You acknowledge and agree that you are responsible for maintaining the confidentiality of any account information and credentials including passwords associated with any account you use to access or use the Service, and that you will be solely responsible for all activities that occur under your account. In the event you become aware of any unauthorized use of your password or your account, you shall notify PresentationTimer App immediately.

PresentationTimer App reserves the right to suspend or terminate your account at any time and for any reason and shall incur no liability whatsoever for such suspension or termination.

By accessing the Service using your Facebook credentials, you permit PresentationTimer App to access certain information from your profile on Facebook for use by the Service. You may be able to control the amount of information that is accessible to PresentationTimer App by adjusting your account privacy settings on Facebook. By using the Service, you are authorizing PresentationTimer App to collect, store, retain, and use indefinitely, in accordance with PresentationTimer App’s Privacy Policy, any and all information that you permitted Facebook to provide to PresentationTimer App.

 

8. NO WARRANTIES

The Service is provided “as is,” and “tale quale” with all qualities as shown and any faults or bugs which may, from time to time, arise and PresentationTimer App makes no express or implied representations or warranties, of any kind related to PresentationTimer App Service or the data and materials contained on PresentationTimer App Service. Additionally, nothing contained on PresentationTimer App Service shall be construed as providing consult or advice to you.

The content provided through the services, including photos, text, images, illustrations, audio, graphics, video clips and other material, whether provided by PresentationTimer or other users is not intended to be and should not be used instead of advice of your physician or other medical professionals. You expressly agree that your workouts and training plans offered on the services carry certain inherent and significant risks of property damage, bodily injury or death and that you voluntary assume all known and unknown risks associated with these activities even if caused in whole or part by action, inaction or negligence of PresentationTimer or by the action, inaction or negligence of others.

 

8.1. AI-POWERED TRANSLATION FEATURES

The Service includes features that use artificial intelligence models operated by third-party providers (currently including OpenAI, L.L.C., “OpenAI”) to translate text content that You submit (“AI Translation Features”). This Section applies in addition to, and does not limit, the other provisions of these Terms, including Sections 8 (No Warranties) and 9 (Limitation of Liability).

 

No Warranty on Translation Accuracy

Translations generated by the AI Translation Features are produced automatically and may contain errors, omissions, mistranslations, or content that does not accurately reflect the meaning, tone, or intent of the original text. PresentationTimer App makes no representation or warranty, express or implied, as to the accuracy, completeness, reliability, or fitness for any particular purpose of any AI-generated translation. You are solely responsible for reviewing, verifying, and, where necessary, having a qualified human translator validate any translation before relying on it or distributing it to others, particularly for legal, medical, financial, safety-critical, or other sensitive content.

 

Your Content

You represent and warrant that You have all necessary rights to submit any content You provide to the AI Translation Features, and that such content does not infringe the rights of, or contain the personal data of, any third party without their consent, except to the extent reasonably necessary for and incidental to obtaining a translation. You are solely responsible for the content You choose to submit.

 

Bring Your Own Key

Where the Service allows You to use Your own OpenAI API key (“Bring Your Own Key” or “BYOK”), any content You submit under that option is sent directly from Your device to OpenAI and processed under Your own account and agreement with OpenAI, independently of PresentationTimer App. PresentationTimer App is not a party to, has no visibility into, and accepts no liability whatsoever arising from that direct relationship, including any charges billed to Your OpenAI account, any change, suspension, or discontinuation of OpenAI’s services, or any action taken by OpenAI in relation to Your use of its API. You are solely responsible for complying with OpenAI’s own terms of use and usage policies when using BYOK.

 

Included/Subscription Translations

Where content is instead routed through PresentationTimer App’s own infrastructure as part of a Subscription (rather than under Your own API key), PresentationTimer App engages OpenAI as a service provider to process that content on PresentationTimer App’s behalf, subject to fair-use and rate limits as described in the PresentationTimer app or Our Privacy Policy. PresentationTimer App reserves the right to change, add, or remove the third-party AI provider(s) used to power the AI Translation Features at any time, in accordance with Section 11 (Modification and Termination), without any obligation to notify You in advance.

 

9. LIMITATION OF LIABILITY

In no event shall PresentationTimer App, nor any of its officers, directors, developers and employees, be liable to you for anything arising out of or in any way connected with your use of PresentationTimer App Service, whether such liability is under contract, tort, delict, or otherwise, and PresentationTimer App, including its officers, directors, developers, consultants and employees shall not be liable for any liability whatsoever, whether direct, indirect, consequential or special, including loss of income, moral or otherwise, arising out of or in any way related to your use of PresentationTimer App Service. Should any mishap or damage occur to you during your use of the Service provided, you are hereby waiving all your legal rights and remedies that may be used against PresentationTimer App, or any of its officers, directors, developers and employees, and you hereby declare that you are solely responsible, and hold PresentationTimer App harmless and indemnified, for any mishap, damage or loss which occurred or might have occurred to you during your use of PresentationTimer App Service. 

 

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PresentationTimer App, its affiliates, officers, directors, employees, developers, agents, licensors and suppliers (the “PresentationTimer App Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your user content, your use of content, your use of the Service, your conduct in connection with the Service or with other Service users, or any violation of these Terms, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the PresentationTimer App Parties from any and all claims or causes of action you may have for damages or losses relating in any way to your use of the Service.

 

11. MODIFICATION AND TERMINATION

Modification of Services

PresentationTimer App reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that PresentationTimer App shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. 

You are responsible for obtaining and maintaining any devices required or connections needed for the Service to be availed of and maintained.

 

Complaints

In case You require any support or assistance, You may lodge a complaint with us on melvin@neurondigital.com and we will do our best to assist You.

 

Termination

You agree that PresentationTimer App may, in its sole discretion, and for any reason, and without prior notice, immediately terminate your account and/or access to the Service. Reason for such termination may include (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Service, (h) if we learn that the user is under legal age Termination of your account may include (a) removal of access to all offerings within the Service, (b) deletion of your information, files and content associated with your account, and (c) barring of further use of the Service.  You agree that all causes for termination shall be made in PresentationTimer App's sole discretion and that PresentationTimer App shall not be liable to you or any third party for any termination of your account or access to the Service. The relevant post-termination provisions of the Terms shall still be binding upon you following the termination of your account.

You may opt to unsubscribe from your account with PresentationTimer App and stop making use of PresentationTimer App Service should you wish to terminate the Service.  The relevant post-termination provisions of the Terms shall still be binding upon you following the termination of your account.

 

12. VARIATION OF TERMS

PresentationTimer App is permitted to revise these Terms at any time as it sees fit, without notice to you, and by using the Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of PresentationTimer App Service. Should you for any reason whatsoever fail to agree with any of the revised Terms, you may opt to unsubscribe from your account with PresentationTimer App and stop making use of PresentationTimer App Service. However, your continued account, or Subscription, and your use of the Service shall be construed as an express, clear and unequivocal acceptance of such revised Terms.

 

13. WAIVER

The failure of PresentationTimer App to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

 

14. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

15. ASSIGNMENT

PresentationTimer App shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms to any other party.

 

16. GOVERNING LAW & JURISDICTION

These Terms are governed by, and construed in accordance with the laws of Malta and therefore, the applicable law for any dispute arising out of or relative to these Terms shall be that of the Republic of Malta. PresentationTimer App and you agree that any dispute or claim arising out of or in connection with these Terms or its subject-matter, shall be subject to the exclusive jurisdiction of the Malta Arbitration Centre in accordance with the Arbitration Act (Cap. 387 of the Laws of Malta) and the arbitration rules of the Malta Arbitration Centre in force at the time of the dispute. Residual jurisdiction shall be that of the Courts of Malta.  PresentationTimer App shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Service in the Courts of law of the country in which you reside.