You are given a non-transferable, non-exclusive, non-sublicensable, and non-assignable License, to install and use the Licensed Application as permitted by the Usage Rules, on any Devices that You (End-User) own or control, with the exception that such Licensed Application may be accessed and used by other accounts/persons associated with You (End- User) via Family Sharing or volume purchasing.
The Licensed Application is Subscription based and is currently available for free download on App Store and Play Store. However, GCAP reserves the right to modify subscription/ payment options, or introduce new subscription/ payment options, which will be duly notified on the Website and through the Licensed Application for You to choose from, as and when modified.
This License will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the initial version of the Licensed Application, unless a separate License is provided for such update, in which case the terms of that new License will govern.
You may not share, sell, rent, lend, lease or otherwise redistribute the Licensed Application or make the Licensed Application available to third parties (beyond the degree allowed by the Usage Rules, and with GCAP's prior written consent).
You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with GCAP's prior written consent).
You may not copy (excluding when expressly authorised by this License and the Usage Rules), or alter the Licensed Application or portions thereof. You may download the application on other devices that You own or control, under the terms of this License, the Usage Rules, and/or any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to the content on the Licensed Application at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
Violations of the obligations under this License Agreement, as well as the attempt of such infringement, may be subject to prosecution and damages.
Licensor reserves the right to modify the terms and conditions of licensing.
Nothing in this License Agreement should be interpreted to restrict third-party terms. When using the Licensed Application you must ensure that You comply with applicable third- party terms and conditions.
Subscriptions
We may from time to time offer special promotional offers, plans or subscriptions (Introductory Promotional Offers). Offer eligibility is determined by GCAP at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of existing or recent GCAP subscription may not be eligible for certain introductory promotional offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent GCAP subscription to determine Offer eligibility.
Billing & Cancellation
12.1. Billing:Changes to the Price and Subscription Plans
We may change our subscription plans and the price of our service
from time to time. However, any price changes or changes to the
subscription plans will be reflected in the Licensed Application and our website.
The Licensed Application requires firmware version as follows: iOS version 13.0 and above, Android 10 and above or higher. Licensor recommends using the latest version of firmware.
Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update. The Licensor may impose requirements of additional payments to obtain updated versions of the Licensed Application.
You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.
Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address: support@gcapworld.com. The Licensor will attempt to provide support services to the best extent possible but does not warrant to comply with any special standards of service, as prevalent in any jurisdiction.
GCAP and the End-User acknowledge that the Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary Licenses, rights, consents, releases, and permissions to use and to authorise us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
Your Contributions are not false, Inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us) or words/similar words illustratively mentioned in the link: Unacceptable Words.
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.
Any User who contributes Multiple Choice Questions will be required to adhere to comply with Guidelines for Content Creators, which is available through this link.
Any User desiring to share content must mail it to gcap.content@gcapworld.com. Any such User who contributes the content accepts that he/she has received sufficient consideration for the same.
We expect that the quality of the content will be flawless and coverage of the topic will be comprehensive.
Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.
Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Licensor shall be liable only in case of a breach of essential contractual duties (cardinal obligations). In any case, liability, whether direct or indirect, shall be limited to USD 50 (United States Dollars Fifty Only) in all jurisdictions. No additional amounts will be payable.
Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this License Agreement.
You are aware that in case of unauthorised alterations or manipulations of the Licensed Application, You will not have access to the Licensed Application, and may be liable to pay for damages.
Licensor attempts to ensure that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download, but does not provide any guarantee of the same. Licensor endeavors to ensure that the Licensed Application works as described in the user documentation. Users must exercise due caution and screen for any potential malware on their end.
No warranty is provided for the Licensed Application that is not executable on a device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of GCAP's sphere of influence that affect the executability of the Licensed Application.
You are required to inspect the Licensed Application immediately after installing it and notify GCAP about issues discovered without delay by email (support@gcapworld.com) provided in Contact Information. The defect report will be taken into consideration and further investigated & remedied, if required, provided it has been emailed within a period of two (2) days after discovery.
In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Stores, and Your Licensed Application purchase price will be refunded, if paid by You. To the maximum extent permitted by applicable law, the Stores and GCAP will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence, or have the obligation to adhere to any warranty.
If the user is a commercial user, no liability is provided. The statutory periods of limitation given by law apply for users who are consumers.
GCAP and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, GCAP, and not the Stores, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement All intellectual property of the Licensed Application in any form, whether registered or otherwise, belongs to GCAP, or the parties whom GCAP have licensed it from. You acknowledge that all intellectual property rights in the Licensed Application belong to Us or Our licensors in all jurisdictions across the world. The Licensed Application have been provided with a limited usage license and have not been sold to You, and You have no rights in, or to, the Licensed Application, or the technology used in the Licensed Application, other than the right to use the Licensed Application in accordance with the terms of the Licensed Application.
If any of the terms of this agreement should be or become Invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
Any use of the Licensed Application in violation this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application. GCAP also reserves the right to pursue any other remedies to protect its rights.