Terms & Conditions

General

1.1. This document (hereinafter referred to as “Terms”, “Agreement”) constitutes conditions for using the App and the Website and governs any legally binding or contractual relationship between the Company and the User.

1.2. Please read this Agreement carefully before You start to use the Services.

1.3. PT. NENA DEVELOPMENT INTERNATIONAL, a company incorporated under the laws of Indonesia (“We”, “Us”, or “Our” and “Company”, as applicable), having its business address at: Jl. Pantai Berawa Gg. Sri Kahyangan No.1, Tibubeneng, Kec. Kuta Utara, Kabupaten Badung, Bali, Indonesia, provides You with the ability to use the App and the Website as User.

1.4. These Terms (always together with the documents referred to in it) tell you who We are, explain many of Your responsibilities to Us and Our responsibilities to You, how this Agreement may be changed or ended, what to do if there is a problem and/or other important information.

1.5. These Terms refer to Our Privacy Policy, which also applies to your use of the App and the Website and sets out the terms on which We process any personal data We collect about You, or that you provide to Us.

1.6. BY DOWNLOADING THE APP AND VISITING THE WEBSITE YOU ACCEPT AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT DOWNLOAD THE APP, DELETE IT FROM YOUR DEVICE AND DO NOT VISIT THE WEBSITE.

1.7. The ways in which you can use the App may also be controlled by the rules and policies of the App Store. Where there is a conflict, the rules and policies of the App Store will apply.

1.8. If you think the App or the Services are faulty or misdescribed or wish to contact Us for any other reason, please email Us at support@aidanena.com.

1.9. Maintenance and Support
To the extent that maintenance or support is required by applicable law, the Company, and not Apple, shall be obligated to furnish any such maintenance or support services. Apple is not responsible for providing any maintenance or support services for the App or Services.

Definitions

For the purposes of these Terms:

“App” means the software program provided by the Company downloaded by You on any electronic Device, named AiDa Nena.
“Company” (referred to as either the Company, We, Us or Our in this Agreement) refers to PT. NENA DEVELOPMENT INTERNATIONAL, Jl. Pantai Berawa Gg. Sri Kahyangan No.1, Tibubeneng, Kec. Kuta Utara, Kabupaten Badung, Bali, Indonesia.
“Consumer” means any User qualifying as a natural person who accesses goods or services for personal use, or more generally, acts for purposes outside their trade, business, craft, or profession.
“Device” means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
“Services” means services provided by Us to the Users via the App and the Website as described in these Terms.
“User” (referred to as either You, Your) means you – a person who uses Our Services.
“Website” means the website: https://aidanena.com.

Subscription Services

3.1. When you subscribe to the paid-for Services that are offered through the App (“Subscription Services”), you agree to pay the fee (“Subscription Fee”) and we grant you a license to use the Subscription Services.

3.2. The amount of the Subscription Fee is set out on the App and will be charged as described at the moment of subscription.

3.3. You may unsubscribe at any time via Apple or Google Play, whichever you used to subscribe.

3.4. These Terms apply to the Subscription Services as well as to the free-access Services on the App. All terms relating to the Services also apply to the Subscription Services.

Your Rights

4.1. In return for Your acceptance and agreeing to comply with these Terms, You may:

– Download a copy of the App onto your mobile or other Device and view, use, and display the App and the Services on such Devices for your personal purposes only.
– Receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.
– Use the Website’s functionality, download, copy, and/or share some content available through the Website for its sole personal and non-commercial use, provided that the copyright attributions and all the other attributions requested by the Company are correctly implemented.

The license is granted subject to the terms and conditions set forth in this Agreement and the usage rules described in the Apple Media Services Terms and Conditions, which can be found at https://www.apple.com/legal/internet-services/itunes/us/terms.html.

4.2. We are giving You personally the right to use the App and the Services as set out above. You may not transfer the App or the Services to someone else, whether for money, for anything else, or for free. If you sell any Device on which the App is installed, you must remove the App from it.

4.3. Unless otherwise specified or clearly recognizable, all content available on the Website and in the App is owned or provided by the Company or its licensors. The Company undertakes its utmost effort to ensure that the content provided on the Website and in the App infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

4.4. The Company (or its licensors) holds and reserves all intellectual property rights for the App, the Website, its content, copyrights, trademarks, and all other marks, trade names, service marks, wordmarks, illustrations, images, or logos appearing in connection with the App and the Website, patent, design, documentation, and other related intellectual property. The rights in the App and the Website are licensed (not sold) to You. You have no intellectual property rights in, or to, the App or the Website other than the right to use them in accordance with these Terms. Any applicable statutory limitation or exception to copyright shall stay unaffected.

Restrictions

5.1. The App and the Website may only be used within the scope of what they are provided for, under these Terms and applicable law. Users are solely responsible for making sure that their use of the App and/or the Website violates no applicable law, regulations, or third-party rights.

Restrictions

5.2. You agree that You will:

Not rent, lease, sub-license, loan, provide, or otherwise make available the App in any form, in whole or in part, to any person without prior written consent from Us.
Not copy the App and the Website except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security.
Not translate, merge, adapt, vary, alter, or modify, the whole or any part of the App and the Website nor permit the App and the Website or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Website on devices as permitted in these Terms.
Not disassemble, de-compile, reverse engineer, or create derivative works based on the whole or any part of the App and the Website, nor attempt to do any such things.

5.3. Acceptable use restrictions. You must:

Not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App and the Website or any operating system.
Not infringe Our intellectual property rights or those of any third party in relation to Your use of the App and the Website, including by the submission of any material (to the extent that such use is not licensed by these Terms).
Not transmit any material that is defamatory, offensive, or otherwise objectionable in relation to Your use of Services.
Not use the Services in a way that could damage, disable, overburden, impair, or compromise Our systems or security or interfere with other users.
Not collect or harvest any information or data from any Services or Our systems or attempt to decipher any transmissions to or from the servers running the Services.
Be at least 16 years old to use the Services. Our Services do not address anyone under the age of 16.

Liability

6.1. These Services are provided strictly on an “as is” and “as available” basis.

6.2. These Services are provided strictly on an “as is” and “as available” basis.

Use of the Services is at Users’ own risk. To the maximum extent permitted by applicable law, the Company expressly disclaims all conditions, representations, and warranties—whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by the User from the Company or through the Services will create any warranty not expressly stated herein.

Apple provides no warranty, express or implied, with respect to the App or Services. To the extent any warranty exists under law, it is provided solely by the Company and not by Apple.

6.3. Without limiting the foregoing, the Company, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not warrant that:

The content is accurate, reliable, or correct.
The Services will meet Users’ requirements.
The Services will be available at any particular time or location, uninterrupted or secure.
Any defects or errors will be corrected.
The Services are free of viruses or other harmful components.

6.4. Any content downloaded or otherwise obtained through the use of the Services is downloaded at Users’ own risk, and Users shall be solely responsible for any damage to their Device or loss of data that results from such download or use of the Services.

6.5. The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Services or any hyperlinked website or service, and the Company shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

6.6. The Company, not Apple, is solely responsible for addressing any claims by You or any third party relating to the App or the User’s possession and/or use of the App, including, but not limited to:
– Product liability claims,
– Any claim that the App fails to conform to any applicable legal or regulatory requirement, and
– Claims arising under consumer protection or similar legislation.

You agree to contact the Company directly regarding any such claims at the contact details provided in this Agreement.

Limitations of Liability

7.1. If We fail to comply with these Terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking these Terms or failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time You accepted these Terms, both We and You knew it might happen.

7.2. To the maximum extent permitted by applicable law, in no event shall the Company, its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, or employees be liable for:

Any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Services.
Any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services or User account or the information contained therein.
Any interruption or cessation of transmission to or from the Services.
Any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Services.

7.3. The Company’s total liability to Users for any damages shall not exceed the total amount paid by the User to the Company in the preceding 12 months.

Indemnification

8.1. Users agree to indemnify, defend, and hold harmless the Company and its affiliates from any claims, losses, liabilities, damages, expenses, or costs arising out of:

Users’ use of and access to the Services.
Users’ violation of these Terms.
Users’ violation of any third-party rights, including intellectual property or privacy rights.

Representations and Warranties

9.1. By accepting these Terms, You:

Confirm that You comply with all criteria for using the Services.
Confirm that You have read these Terms.
Commit to be bound by these Terms.
Agree and acknowledge that any and all actions performed by using the Services shall be valid and cause the same legal effects as the actions formalized by a paper document signed by You. If You are acting on behalf of a legal entity, such actions shall have the same legal effects as if they were performed by You and endorsed with the stamp of such entity.
Confirm that You will notify Us immediately, no later than within 10 (ten) calendar days, of any changes to any information You have provided to Us in connection with these Terms and/or of any circumstances that may have or are likely to have a negative impact on the fulfillment of Your obligations to Us.

9.2. By accepting these Terms, You represent and warrant that all the above is true and accurate on the day of acceptance of these Terms and shall remain true and accurate until You cease to use the Services.

9.3. For the avoidance of doubt, representations and warranties are personal statements or assurances given by You which We will rely on when allowing You to use the Services.

9.4. By accepting these Terms, You represent and warrant that:
– You are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist-supporting” country; and
– You are not listed on any U.S. government list of prohibited or restricted parties.

Access Denial, Suspension, and Termination of Services

10.1. We reserve the right to take any appropriate measures at any time to protect Our legitimate interests, including by denying Users access to the App and/or the Website, terminating Agreements, or reporting any misconduct performed through the App and/or the Website to competent authorities whenever Users:

Violate laws, regulations, or these Terms.
Infringe any third-party rights.
Considerably impair the Company’s legitimate interests.
Offend the Company or any third party.

10.2. We may terminate this Agreement by giving You one month’s notice.

10.3. We may temporarily suspend Your use of the Services for security reasons at any time.

10.4. We may end Your rights to use the Services and terminate the Agreement at any time by contacting You if You have breached these Terms in a serious way. If what You have done can be put right, We will give You a reasonable opportunity to do so.

10.5. If We terminate Your rights to use the Services:

You must stop all activities authorized by these Terms, including Your use of the Services.
You must delete or remove the App from all Devices in Your possession and immediately destroy all copies of the App which You have and confirm to Us that You have done this.
If You are subscribed to the Subscription Services, subscription fee payments will be canceled.

In-App Purchases and Subscriptions

11.1. Free Use. You may use some functionalities and features of AiDa Nena free of charge. You may, but are not required to, provide Us with Your name and email address for such use. However, free use will have limited functionality, and You will not have access to all features available to paid users.

11.2. Subscription Payment. You agree to promptly notify Us of any changes to the payment method You provided while any subscriptions remain outstanding. You are responsible for all applicable fees, charges, and taxes incurred.

11.3. Payment Failure. If payment is not received from the payment method You provided, You agree to pay all amounts due upon demand by Us.

11.4. Refund Requests. Refunds for subscriptions or purchases must be requested through the applicable app store (Apple App Store or Google Play) following their refund policies.

11.5. Contact Us. For issues related to payments, please email Us at support@aidanena.com.

Miscellaneous

12.1. No Waiver. The failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.2. Service Interruptions. The Company reserves the right to interrupt the Services for maintenance, updates, or other changes, with appropriate notice to Users. If the Services are terminated, the Company will cooperate with Users to enable the withdrawal of Personal Data in compliance with applicable law.

12.3. Changes to Terms. The Company reserves the right to modify these Terms at any time. Users will be informed of changes, which will apply only to future use of the Services. Continued use signifies acceptance of the revised Terms.

12.4. Updates to the App and Services. From time to time, updates may be required to maintain functionality, enhance performance, or address security issues. Failure to update may result in the inability to use the Services.

12.5. Assignment. The Company may transfer its rights and obligations under this Agreement to a third party, taking the User’s legitimate interests into account. Users may not assign their rights without written permission.

12.6. Severability. If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in effect.

12.7. Governing Law. This Agreement is governed by the laws of Indonesia. If You are a consumer residing in a jurisdiction with higher consumer protection standards, those standards will apply.

12.8. Jurisdiction. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of Indonesia.

12.9. Third-Party Beneficiary
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary.

Contact Information

All communications regarding these Terms should be directed to:
Email: support@aidanena.com
Address: Jl. Pantai Berawa Gg. Sri Kahyangan No.1, Tibubeneng, Kec. Kuta Utara, Kabupaten Badung, Bali, Indonesia