Table of Contents

Parties and Definitions

The terms of this agreement (“Terms of Use”) govern the relationship between you and HAELENT regarding your use of HAELENT’s apps, games, in-game chats and other related services (“Services”) provided by HAELENT. HAELENT is the name under which Hajiyev Elbrus, 109 Mehemmed Hadi St., Baku AZ1121, Azerbaijan, develops and publishes the Services; in these Terms of Use the words “HAELENT”, “we”, “our” and “us” refer to him. Use of the Service is also governed by HAELENT’s Privacy Policy, which is incorporated herein by reference. BY DOWNLOADING, INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICES PROVIDED BY HAELENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE AND HAELENT PRIVACY POLICY; AND REPRESENT THAT YOUR AGE IS SUFFICIENT FOR USE OF THE SERVICE UNDER THE APPLICABLE LAWS AND/OR YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS OF USE. IF YOU DO NOT WANT TO BE BOUND BY THESE TERMS OF USE OR DISAGREE WITH THEM, PLEASE DO NOT DOWNLOAD, INSTALL, USE OR OTHERWISE ACCESS THE SERVICES. USE OF THE SERVICES WITHOUT ACCEPTANCE OF THESE TERMS OF USE IS STRICTLY PROHIBITED.

How these Terms are organised

Our Services are not alike: some are tools, others are games. Sections 2 to 10 apply to all Services in general. Section 5 holds one table of the kinds of purchase our Services may offer. Section 11 holds a card for each app and game that says which kinds it sells and what else applies to it.

A kind of purchase applies to an app only if that app’s card lists it. Where a card says something different from the general sections, the card applies to that app.

Go straight to your app or game:

Account and your data

Services without an account. Most of our Services have no HAELENT account: you do not register with us, and we do not know who you are. In such a Service:

  • Your purchases belong to the app-store account you bought them with (your Google Account or your Apple Account). Whether they can be restored on another device signed in to the same store account depends on that store. They do not move between Google Play and the Apple App Store.
  • What you create — for example results, records, reports and files — is stored on your device only. Keeping backups, where the Service offers them, is up to you. If you remove the app, clear its data or lose the device, HAELENT cannot restore what was on it.

Services with an account. Where a Service offers an account, the following applies. You may use your account only for your personal, non-commercial purposes. You shall not share the Account or the Login Information (such as Google Play account or Apple ID), neither should you let anyone else access your Account or do anything else that might threaten the security of your Account. You are solely responsible for keeping your Login Information confidential, and you will be solely responsible for all uses of your Login Information, including any purchases or other changes to your Account and/or Account status, whether or not authorized by you. You are responsible for anything that happens through your Account. HAELENT will not be responsible for anything that happens through or to your Account and/or Account status as a result of you allowing any third party to access your Login Information and/or Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify HAELENT and modify your Login Information. HAELENT does not guarantee the safety of your Service progress in any case.

Ownership & License

HAELENT owns & reserves all rights, title and interest in and to the Service, and all data and content included therein, without limitation any games, titles, including any game content such as computer code, objects, characters, dialogues, concepts, artwork, animations, catch phrases, sounds, musical compositions, audio-visual effects, methods of operation, documentation, in-game chat transcripts, character information, recordings of games played using HAELENT game client and server software. HAELENT owns and has rights to use any content that appears in the Services. You agree that you have no ownership, right or title in or to any content that appears in the Service, including without limitation (a) “Virtual Goods” or (b) “Virtual Currency” appearing or originating in any HAELENT Services, whether earned in a Service or purchased from HAELENT, or any other attributes associated with an Account or stored on the Service. You agree & acknowledge that you have no ownership or other property interest in the Account, and you further agree and acknowledge that all rights to the account are and shall forever be owned by HAELENT. HAELENT hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access our Services for the use each Service is made for — entertainment for our games, study for our educational apps, and your own professional work for our professional tools — conditioned upon your compliance with these Terms of Use. You may not resell the Services or offer them to others as a service. Unless expressly granted a license by HAELENT in a signed writing, you may not reproduce, distribute, copy, exchange, modify, decompile, translate, lease services or any works from HAELENT’ intellectual property. Any violation of the ownership or use not in accordance with these Terms of Use is expressly prohibited and may result in severe civil or criminal penalties.

License limitations

You agree that while using any of HAELENT Services you will not, under any circumstances:

  • Initiate, assist, take part (directly or indirectly) in any type of attack, including any type of hacker attack, distribution of any viruses, worms, adware or any deleterious/malicious code upon the Services, or other attempts to disrupt the Services or to disturb any other person’s use of the Services.
  • Harass, bully, threaten any other users, post or submit any abusive, threatening, bullying, obscene, harassing, offensive, pornographic or illegal content, or any other content that infringes or violates the rights of other users.
  • Exploit any errors or bugs found in the provided Services and/or distribute them, nor promote the use of them to the other users in any way or form.
  • Attempt to access another user’s Account, collect or harvest personal information from other users, nor attempt to obtain another user’s Login information.
  • You will not attempt to gain unauthorized access to the Service, to Accounts registered to others, or to networks from which portions of the Service are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for the Service;
  • Apply any software, device, technology, or code to the Services in attempt to send content, spider, crape, or crawl the Services, nor harvest or manipulate data from the Services, including any user data;
  • Circumvent, disable or tamper with the purchase checks, plan limits or any other technical measure of the Services, or use the Services in a modified form.
  • Copy, extract or redistribute the content of the Services — such as question banks, texts or pictures — in bulk or for commercial purposes.
  • Advocate, promote, or otherwise encourage any illegal behavior (including, but not limited to gambling, use of drugs, theft, causing harm to human life or health), or facilitate violation of these Terms of Use.

Purchases and Subscriptions

We may offer digital goods or premium memberships, for purchase through the platform from which you downloaded the Application — Google Play or the Apple App Store (the “App Store”). What a Service sells is listed in its card in Section 11, using the kinds of purchase in the table below. The price is the one the App Store shows you before you confirm.

Purchase types table

Kind of purchase What you get Renewal and end Cancelling
Auto-renewing subscription Access to the paid features for a period, for example a month or a year. Billed at the start of each period and renewed automatically at the end of it, at the price the App Store shows, until you cancel. Cancel in your App Store account at least 24 hours before the end of the current period to avoid the charge for the next one. Access until the end of the period already paid for is as the App Store’s rules provide.
Fixed-term pass (a prepaid or non-renewing plan) Access to the paid features for a fixed time, for example seven days, a month or a year. It does not renew. It simply ends when its time is up, and nothing more is charged. Buying the same pass again while it is active adds its time to the end. Time does not add up across different passes: each one runs from its own purchase. It is for you to check what you already hold before you buy. Nothing to cancel.
Lifetime unlock (a one-time purchase) Access to the paid features with no end date. Paid once; it never renews. “Lifetime” means for as long as HAELENT offers the app on that App Store. It belongs to the App Store account it was bought with. HAELENT may stop offering or supporting an app at any time and, to the extent the law allows, owes no refund or compensation for that. Nothing to cancel.
Virtual goods (in games) A limited licence to use virtual currency or virtual in-game items, as described under “Virtual goods” below. Used up or kept inside the game, as the game describes. Virtual goods have no monetary value. Not applicable.

For every purchase

You are only allowed to purchase from us or our authorised partners through the Service, all other ways are prohibited unless stated otherwise.

All billing, payments, and cancellations are handled directly by the App Store provider (e.g., Apple or Google). You must use the account settings provided by the App Store to manage or cancel your subscription.

By making a purchase, you agree to the terms and conditions of the respective App Store and its payment processors.

Restoring. A purchase can normally be restored with the app’s restore function on a device signed in to the App Store account it was bought with. HAELENT does not control the App Store and does not guarantee that a purchase can be restored. A purchase made on Google Play is not available on the Apple App Store, and the other way round.

Checking with the App Store. A Service confirms what you own with the App Store whenever it can reach it. Without a connection it relies on its last confirmation for a limited time; after that the paid features may pause until the Service can reach the App Store again.

Free plans. Where a Service has a free plan, HAELENT may change what the free plan includes, for example how many items it allows. When a paid plan ends the Service returns to the free plan; what then happens to things you made beyond its limits is described in the Service’s card.

Promotional codes grant temporary access to premium features. Upon expiration, standard subscription rates will apply unless the subscription is cancelled through your App Store account.

All purchases are subject to the refund policies of the App Store where the purchase was made. We do not personally process or issue refunds for in-app transactions.

Virtual goods

Within a Service that offers them you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “Virtual goods” such as: (a)”virtual currency”; (b) “virtual in-game items”; (c) other goods or services.

All Virtual Goods transactions are handled by third-party e-commerce payment providers. By purchasing in-game Virtual Goods, you agree to the third-party payment providers’ Terms of Use.

You agree you do not have ownership or other property interest in any of the Virtual Goods you purchase the license for. Virtual Goods do not have monetary value and cannot be redeemed for any real world currency. You agree that all prices and sales of Virtual Goods are final and you can’t obtain any refunds for purchasing the license to use them except as expressly authorized by HAELENT.

HAELENT reserves the right to change or limit the price, availability, or order quantity of any Virtual Goods as well as regulate, manage, modify or eliminate Virtual Goods with or without prior notification. HAELENT shall have no liability to you or any third party in the event that HAELENT exercises any such rights.

User Content

HAELENT Services may include opportunities to participate in group chats, surveys, message blogs, public or close tests or any other opportunities to create, submit and publish writings, graphical or other material (“User Content”). You grant, represent, warrant and agree that any of such transmission or submission is (a) accurate and not confidential or misleading; (b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (c) free of viruses, adware, spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your personal information within such content will at all times be processed by HAELENT in accordance with these Terms of Use.

You understand and agree that by using the Services you may be exposed to User Content and actions from other users that are offensive, indecent, explicit or do not meet your expectations in any other way. HAELENT reserves the right, in its sole discretion, to monitor, edit, refuse to post or remove any User Content. You acknowledge and agree that HAELENT nonetheless assumes no responsibility and no obligation to modify any inappropriate User Content and that HAELENT shall have no liability to you and or any third-party in any way for User Content, or for any damage or loss therefrom.

What you create in a Service that keeps its data on your device only — for example records, reports, backups and files you export — is yours. HAELENT has no access to it. You are responsible for what you put in it and for whom you share it with.

Updates & modification of the product

HAELENT reserves the rights to modify, change, update any parts of the Service such as Virtual Goods, Virtual In-game Items and any other features, and specifications of the Service with or without prior notice or liability to you. You acknowledge and agree that HAELENT may require you to accept and download the updates required for further use and support of HAELENT Services. You also acknowledge and agree that we may introduce automatic updates and/or modification to the Service which shall be applied without manual install, with or without additional notice to you.

Some Services send notifications, such as announcements and reminders. You can switch them off at any time in your device’s settings.

HAELENT is not obliged to provide maintenance, support or updates for any Service, to keep any Service, feature, content, price or free plan available, or to keep a Service compatible with any device or system version, except where the law that applies to you requires it. HAELENT may withdraw a Service from an App Store at any time.

Termination

You understand and agree that if, under any circumstances, any of these terms are violated, regardless of whether the violation was accidental or intentional, these Terms of Use will be automatically terminated. Upon termination you must immediately stop any use of the Services. You acknowledge and agree that HAELENT has the right to terminate or disable your Account at any time for any reason or no reason with or without prior notification. You agree that your obligations stated in the following sections: “3. Ownership & License”, “4. License Limitations”, “6. User Content” survive any termination.

Warranties & Liability Limitation

WITHOUT LIMITING ITS LIABILITY HAELENT WAIVES ANY WARRANTY AND/OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, THAT PROVIDED SERVICES ARE SUITABLE FOR YOUR PURPOSES, UNINTERRUPTED, SECURE, ERROR-FREE, VIRUS-FREE, FUNCTION PROPERLY OR DO NOT CONTAIN ANY HARMFUL COMPONENTS. ANY HAELENT SERVICES ARE PROVIDED “AS IS”. HAELENT SHALL NOT, UNDER ANY CIRCUMSTANCES, LEGAL THEORY, STRICT LIABILITY OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT OR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO, ACTUAL LOSS, PROFIT LOSS, DATA LOSS, BUSINESS LOSS) REGARDLESS OF WHETHER HAELENT HAS BEEN ADVISED OF SUCH DAMAGE OR NOT.

IF AND TO THE EXTENT THAT THE EXCLUSION ABOVE DOES NOT APPLY UNDER THE LAW THAT APPLIES TO YOU, HAELENT’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO A SERVICE IS LIMITED TO THE AMOUNT YOU PAID FOR THAT SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE LAW THAT APPLIES TO YOU, OR TAKES AWAY RIGHTS YOU HAVE AS A CONSUMER UNDER THAT LAW.

What applies in addition to a particular Service — for example that a calculation tool does not replace a ship’s approved documents, or that a study app does not guarantee an exam result — is stated in that Service’s card in Section 11.

Terms Of Use Updates

You acknowledge and agree that HAELENT reserves the right to update, modify or revise these Terms of Use or Privacy Policy at any time, by publishing updated version to website located at haelent.com. The updated Terms of Use or Privacy Policy come into force immediately upon being published on haelent.com. You are advised to check the website from time to time for notices concerning such updates.

HAELENT is not obliged to notify you of an update, individually or in advance, except where the law that applies to you requires it. Checking this page is your responsibility. If you continue to use the Services after an update is published, you accept the updated Terms of Use; if you do not agree, stop using the Services.

Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only.

In case of any issues related to these Terms of Use, please use the e-mail address [email protected]

Our apps and games

Open the card of the app or game you use. It lists the kinds of purchase that app sells — each name leads to its row in the Purchase types table — and the terms that are particular to the app. A kind of purchase that a card does not list is not sold in that app.

Dəniz Sertifikat Sınaqları (Maritime Exams)

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An exam-preparation app for seafarers in Azerbaijan. For Android (Google Play) and iPhone (Apple App Store).

What this app sells

Nothing in this app renews automatically. Which features need an active plan is shown in the app. HAELENT may change at any time which features are free and which need a plan.

Promotions

The app shows promotions of HAELENT’s other apps. It shows no advertising from other companies.

An independent study aid

  • The app is an independent educational tool. It is not affiliated with, endorsed by or connected to the State Maritime and Port Agency of Azerbaijan (DDLA) or any other authority. Its questions come from material that DDLA publishes at ddla.gov.az.
  • The official question bank and the rules of the exams can change at any time. The content of the app may be incomplete, out of date or contain mistakes, and the way the app composes and marks a mock exam may differ from a real exam. Always check the official sources.
  • Using the app does not guarantee that you will pass any exam or receive any certificate, diploma or position. To the extent the law allows, HAELENT is not responsible for the result of a real exam or for the decisions of any authority or employer.

Your data

The app has no account. Your results, favourites and statistics are kept on your device only and are lost if you uninstall the app or clear its data.

Draft Survey & Ballast Calculator

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A working tool for deck officers and surveyors: draft readings, ballast soundings and cargo by draft survey. For Android (Google Play). You may use it in your own professional work.

What this app sells

The free plan allows a limited number of ships, operations and sounding rounds; HAELENT may change these numbers. Additionally, advertisements are displayed on the Free plan. Upgrading to a Pro plan removes all ads; if a Pro plan ends and your account reverts to the Free plan, advertisements will resume. As the app works on the date of these Terms of Use, when Pro ends it does not delete what you made: the items beyond the free limits are locked until you upgrade again, swap them with unlocked ones or delete them. This may change with an update. Pro may stay available without a connection for a limited time after the app last reached the store.

Ads

The game shows advertisements provided by third parties. HAELENT does not control their content and is not responsible for the goods or services they advertise.

An aid, not an authority

  • The app is a calculation aid. It does the arithmetic of draft readings, ballast soundings and cargo by draft survey from the figures you enter. Its results are only as good as those figures: the readings, densities, hydrostatic particulars, tank tables and corrections that you type or import.
  • The app is not an approved loading instrument or stability computer and is not certified or approved by any classification society, flag State or other authority. It does not replace the ship’s approved documents and instruments, the judgement of the master and officers, or the work of an independent surveyor.
  • Always verify results against the ship’s approved documents before relying on them. You remain responsible for every figure you sign, report or act on.
  • To the extent the law allows, HAELENT is not liable for cargo shortage or excess claims, commercial disputes, delays, demurrage, fines, damage to a ship or its cargo, or any incident related to stability, strength, draft or trim that arises from the use of the app or its results.
  • The app is offered in several languages for convenience. If a translated term is unclear, the English wording applies.

Your data

The app has no account and no server of its own. Your ships, operations and reports are kept on your device only. Make backups with the app’s backup function and keep them safe: HAELENT cannot recover lost data. A backup or an exported file holds what you entered, including any names; you decide whom to give it to.

SkyFall Obby: Fun Parkour Run

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A game for Android (Google Play). It is free to play and shows ads.

What this game sells

Ads

The game shows advertisements provided by third parties. HAELENT does not control their content and is not responsible for the goods or services they advertise.

Bird Invasion : Brick Breaker

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A game for Android (Google Play). It is free to play and shows ads.

What this game sells

Ads

The game shows advertisements provided by third parties. HAELENT does not control their content and is not responsible for the goods or services they advertise.

Additional terms for the Apple App Store

If you downloaded a HAELENT app from the Apple App Store, the following also applies. In this section “Apple” means Apple Inc. and “the App” means that HAELENT app.

  1. Acknowledgement. These Terms of Use are an agreement between you and HAELENT only, and not with Apple. HAELENT, not Apple, is solely responsible for the App and its content. Nothing in these Terms of Use is meant to conflict with the Apple Media Services Terms and Conditions; if something does, those terms apply.
  2. Scope of license. The license granted to you is a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
  3. Maintenance and support. Apple has no obligation whatsoever to furnish any maintenance or support services for the App. To the extent maintenance or support is required by applicable law, HAELENT, not Apple, is responsible for it. These Terms of Use do not oblige HAELENT to provide maintenance or support.
  4. Warranty. HAELENT is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App, if any, to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App; any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are the responsibility of HAELENT, subject to these Terms of Use.
  5. Product claims. HAELENT, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation. These Terms of Use do not limit HAELENT’s liability to you beyond what applicable law permits.
  6. Intellectual property rights. If a third party claims that the App, or your possession and use of it, infringes that third party’s intellectual property rights, HAELENT, not Apple, is solely responsible for the investigation, defence, settlement and discharge of the claim.
  7. Legal compliance. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  8. Name and address. Questions, complaints or claims about the App should be directed to HAELENT: Hajiyev Elbrus, 109 Mehemmed Hadi St., Baku AZ1121, Azerbaijan; e-mail [email protected].
  9. Third-party terms. You must comply with any applicable third-party terms of agreement when using the App, for example the terms of your mobile data provider.
  10. Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, Apple will have the right, and will be deemed to have accepted the right, to enforce them against you as a third-party beneficiary.

General

Governing law and courts. These Terms of Use are governed by the laws of the Republic of Azerbaijan, and disputes about them or about the Services are subject to the courts of Baku, Azerbaijan. If you are a consumer, this does not take away the protection of mandatory provisions of the law of the country where you live, or your right to bring proceedings before the courts of that country where that law gives it to you.

If a term is not valid. If a court or authority finds any term of these Terms of Use invalid or unenforceable, that term applies to the fullest extent the law allows, and the other terms stay in force.

No waiver. If HAELENT does not enforce a term of these Terms of Use, or delays enforcing it, HAELENT does not give up that term or any other.