Aptimyz Ltd. End User License Agreement (EULA) V1.0

 

End User Licence Agreement (EULA)
Website Terms
Welcome to www.aptimyz.com (together with its subdomains, Content, Marks (defined below) and services (the“Site”).
Please read the following Terms of Use carefully before using this Site so that you (the “User”) are aware of your legal rights and obligations with respect to Aptimyz Ltd.
By accessing or using the Site, you expressly acknowledge and agree that you are entering a legal agreement with us and have understood and agree to comply with, and be legally bound by, these Terms, (the “Terms of Use”). You hereby waive any applicable rights to require an original (nonelectronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by these Terms of Use please do not access or use the Site.
License. Subject to the terms and conditions of these terms, The Company hereby grants the User a limited, nonexclusive, non-transferable right, with no right to grant sublicenses, to install and use an object code version of the computer software described on Schedule A, together with any associated media, printed materials, and online or electronic documentation provided by the Company (the “Software Product/App/Services”). The Software Product may be installed and used solely for the Permitted Purposes.
1. Modification.
We reserve the right, at our discretion, to change these Terms of Use at any time. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Your continued use of the Site (including, without limitation, keeping your Content available on the Site) thereafter means that you accept those changes.
2. Site Access.
For such time as these Terms of Use are in effect, we hereby grant you permission to visit and use the Site provided that you comply with these Terms of Use and applicable law. Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the content of our Site and the services we provide on our Site, without notice. We will not be liable if for any reason our Site is unavailable for any period of time or if the content of the Site is incorrect or out of date in any respect.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use, and that they comply with them.
Aptimyz Ltd. End User License Agreement (EULA) V1.0
3. Restrictions.
You shall not: (i) copy, distribute or modify any part of the Site or use, modify, create derivative works of, transfer (by sale, resale, license, sublicense, download or otherwise), reproduce, distribute, display or disclose Content (defined below), without our prior written approval; (ii) disrupt servers or networks connected to the Site; (iii) use or launch any automated system (including without limitation, “robots” and “spiders”) to access the Site; and/or (iv) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site.
4. Account.
In order to use the services of the Site, you will be required to log in and create an account, including a profile page on the Site (“Account”). When creating your profile page, you must provide accurate and complete information. You must keep your Account secure. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and your account, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account you may send us an email request at support@aptimyz.com.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us to you, at any time, if in our opinion you have failed to comply with any of these Terms of Use.
5. Intellectual Property Rights.
Content and Marks.
The (i) content on the Site, including without limitation, the text, documents, articles, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (collectively, the “Materials”), (ii) and User Submissions, as defined below (together with the Materials, the “Content”), and (iii) the trademarks, service marks and logos contained
therein (“Marks”), are our property and/or the property of our licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Aptimyz”, the logo and other marks are Marks of the Company or its affiliates. All other Marks belong to their respective owners.
6. Information Description.
We attempt to be as accurate as possible. However, we cannot and do not warrant that any of the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content. Your use of the Content, or any part thereof, is solely at your own risk and responsibility.
Aptimyz Ltd. End User License Agreement (EULA) V1.0
We reserve the right to access, read, preserve, and disclose any information that we obtain in connection with the Site, and your use thereof, as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms of Use, including to investigate potential violations of them, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Aptimyz Ltd., its users, affiliates or the public.
Links on the Site. The Site may contain links, and may enable you to post content, to third party websites that are not owned or controlled by us. We are not affiliated with, have no control over, and assume no responsibility for the content, privacy policies, or practices of, any third-party websites. You: (i) are solely responsible and liable for your use of and linking to third party
websites and any content that you may send or post to a third-party website; and (ii) expressly release the Released Parties from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to read the terms and conditions and privacy policy of each third-party website that you may choose to visit, link to, or otherwise interact with.
Links to the Site. We permit you to link to the Site provided that: (i) you link to but do not replicate any page on this Site; (ii) the hyperlink text shall accurately describe the Content as it appears on the Site; (iii) you shall not misrepresent your relationship with us or present any false information about us and shall not imply in any way that we are endorsing any services or products, unless we have given you our express prior written consent; (iv) you shall not link from a website that you do not own; (v) your website, and domain name, does not contain content that (a) is offensive
or controversial (both at our discretion), or (b) infringes any Intellectual Property Rights, or other rights of any person or entity; and/or (vi) you, and your website, comply with these Terms of Use and applicable law.
9. Warranty Disclaimers.
This section applies whether or not the services provided under the Site are for payment. Applicable law may not allow the exclusion of certain warranties, so to that extent, certain exclusions set forth herein may not apply.
THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES
OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE
DO NOT GUARANTEE THAT THE SITE WILL BE FREE OF BUGS, SECURITY BREACHES, OR VIRUS ATTACKS. THE SITE MAY OCCASIONALLY BE UNAVAILABLE FOR ROUTINE MAINTENANCE, UPGRADING, OR OTHER REASONS. YOU AGREE THAT WE (AND THE OTHER RELEASED PARTIES) WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW
CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS. WE DO NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT IS FEATURED OR ADVERTISED ON THE SITE BY A THIRD PARTY OR ANY CONTENT THAT APPEARS IN A USER SUBMISSION. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO, AND DISCLAIM ALL LIABILITY FOR, ANY SUCH CONTENT (INCLUDING, FOR CLARITY, ANY USER SUBMISSION). YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE RESPONSIBLE FOR THE USER SUBMISSIONS OR CONDUCT (INCLUDING DEFAMATORY, Aptimyz Ltd. End User License Agreement (EULA) V1.0 OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY SITE USER OR OWNER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU ACKNOWLEDGE THAT WE DO NOT ENDORSE, RECOMMEND AND ARE NOT RESPONSIBLE
FOR INVESTIGATING OR CONDUCTING A “DUE DILIGENCE” REVIEW OF, ANY PERSON OR
ENTITY DISPLAYED ON THE SITE, INCLUDING STARTUPS, COMPANIES, INVESTORS, SERVICE
PROVIDERS, OR PROGRAMS, OR FOR VERIFYING THAT ANY SUCH PERSONS OR ENTITIES ARE
ACCREDITED, IN EXISTENCE, OR OTHERWISE AUTHORIZED OR APPROPRIATE FOR YOU,
INCLUDING WHETHER YOU SHOULD INVEST IN A STARTUP OR COMPANY, ACCEPT FUNDING
FROM AN INVESTOR OR SERVICE FROM A SERVICE PROVIDER, OR ENTER INTO OR ACCEPT
BENEFITS FROM A PROGRAM OR OTHERWISE ENTER INTO ANY TRANSACTION OR BUSINESS
RELATIONSHIP WITH ANY PERSON OR ENTITY. YOU ARE RESPONSIBLE TO CONDUCT SUCH AN
INVESTIGATION YOURSELF AND TO MAKE SURE YOU UNDERSTAND ALL THE RISKS INVOLVED.
YOU UNDERSTAND THAT NEITHER WE NOR OUR AFFILIATES ARE INVESTMENT ADVISERS,
BROKERS, DEALERS, UNDERWRITERS OR EXCHANGES AND ARE NOT REGISTERED AS SUCH IN
ANY JURISDICTION, AND YOU AGREE THAT YOU WILL NOT USE OUR SERVICE IN ANY WAY
THAT MAY CAUSE US TO BE TREATED, OR REQUIRED TO REGISTER, AS SUCH IN ANY
JURISDICTION.
YOUR RELIANCE ON, OR USE OF, ANY USER SUBMISSION, OR INTERACTION WITH ANY SITE
USER OR OTHER PARTY, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY SITE USER, OR OTHER ENTITY OR INDIVIDUAL IN CONNECTION WITH THE SITE OR ANY USER
SUBMISSION, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING
OUT OF OR IN CONNECTION WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO
OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY STATEMENT, WE DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SECURITY OF ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN
DURING THE COURSE OF YOUR USE OF THE SITE.
10. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER WE NOR ANY OTHER RELEASED
PARTY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA,
REVENUE, PROFITS OR REPUTATION, ARISING UNDER THESE TERMS OF USE OR OUT OF YOUR
USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY OR THAT OF ANY OTHER RELEASED PARTY FOR ANY DAMAGES ARISING UNDER THESE TERMS OF USE OR OUT OF YOUR USE OF, OR INABILITY TO USE, THE SITE EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO US FOR USING THE SITE DURING THE NINETY 90 DAYS PRIOR TO BRINGING THE CLAIM.
11. You agree to defend, indemnify and hold us and the other Released Parties harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the Site; (ii) your User Submissions; (iii) your interaction with any Site user, through the Site or otherwise; or (iv) your violation of these Terms of Use. We Aptimyz Ltd. End User License Agreement (EULA) V1.0 reserve the right but not the obligation, at our expense, to monitor and participate in, or to assume the control of, any such claim.
12. Term and Termination. These Terms of Use are effective until terminated by us or you (when you cease to access and use the Site). We have the right to terminate these Terms of Use and/or your access to and use of the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms of Use). We shall not be liable to you or any third party for termination of the Site or any part thereof or for termination of any use or access of the Site. If you object to any term or condition of these Terms of Use, or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms of Use, you shall cease all use of the Site. This Section 12 and Sections 3 (Restrictions), 8 (Intellectual Property Rights), 9 (Warranty Disclaimers), 10 (Limitation of Liability), 11 (Indemnity), (Assignment) and 13 (General) shall survive termination of these Terms of Use.
13. We reserve the right to discontinue or modify any aspect of the Site at any time. These Terms of Use and the relationship and any disputes in relation to the Site between you and us shall be governed by and construed in accordance with the laws of the Republic of Ireland, without regard to its principles of conflict of laws. You agree to submit to the personal and exclusive jurisdiction of the courts located in Ireland and waive any jurisdictional, venue, or inconvenient forum objections to such courts, provided that we
may seek injunctive relief in any court of competent jurisdiction. These Terms of Use shall constitute the entire agreement between you and us concerning the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH
CAUSE OF ACTION IS PERMANENTLY BARRED.
Version 1.0
End User License Agreement (EULA) dated: 1st April 2019