End User License Agreement
This End User License Agreement ("EULA") shall govern terms and conditions under which we ("Licensor" as defined below in the Contact Details of this EULA) provide to you, the user of the mobile application ("You" or "User"), and you may download and use the mobile application software as well as any other software, including their updates, new releases, any modifications or versions, and related services ("App"), namely:
- The App, available on the App Store, Google Play Market, and other online markets or stores, as well as on our or any third-party website, once you have downloaded a copy of the App onto your mobile or handheld device ("Device");
- Any of the services accessible through the App ("Services") that this EULA applies to unless the App directly states that an additional or separate agreement(s) applies to a particular Service(s), in which case that/those agreement(s) also applies.
If you disagree with one of these or any part of them, please do not install or use the App or Services.
Any and all rights in and to the App which are not expressly granted to you under this EULA shall belong to the Licensor.
USING THE APP
Hereby, the Licensor grants to you a non-exclusive, revocable, royalty-free, non-transferable, non-sublicensable, non-commercial, worldwide license to download, install, and/or use the App solely for personal consumption and according to this EULA and any other agreements, terms, and conditions, issued by the Licensor ("License"), for such time until either you or the Licensor terminates this EULA.
It is strictly forbidden for you to use the App for commercial purposes under this EULA.
You shall not directly or indirectly be allowed and shall refrain from:
- selling, distributing or re-distributing, licensing, renting, assigning, leasing, hosting, transmitting, outsourcing or otherwise commercially exploiting the App or any of its parts;
- modifying, adapting, reverse engineering, decompiling or disassembling, or otherwise attempting to derive source code from the App or any of its parts;
- copying, reproducing, or creating derivate works of the App unless it is expressly authorized by the Licensor;
- creating or applying any software aiming to transmit any virus, to cheat or hack the App;
- modifying, distorting, blocking, disrupting, slowing down, or otherwise manipulating the normal functioning of all or part of the App, or its accessibility to other users,
- removing, altering, disabling, or circumventing any copyright and trademark indications in the App;
- transmitting any spam in the chat related to the App, harassing other Users of the App;
- using the App for any illegal purpose.
OWNERSHIP OF THE APP
All intellectual property rights in or to the App and any part of it belong to the Licensor, including any other rights, titles, and interests in or to the App. The App shall be protected by national and international laws, copyright treaties and conventions, and other laws.
No ownership shall be transferred to the User under this EULA.
Hereby, you grant to the Licensor and/or its affiliates and all other Users of the App a non-exclusive, irrevocable, royalty-free, transferable, sub-licensable, worldwide license to download, install, and/or use the creations, arts, or any object of intellectual property rights created or to be created by you by using the App either for personal consumption or commercial use. Therefore, you waive all and any rights to claim the Licensor with this regard and acknowledge that such provision is fair and clear for you.
DISCLAIMER, LIMITATION OF LIABILITY
The Licensor does not represent or warrant that: (1) the App or any feature of the App will be secure, updated, complete, error-free, or uninterrupted; (2) that any defects will be corrected upon becoming known to the Licensor; (3) that your use of the App will provide specific results; (4) that the App will always function without delays, disruptions, or imperfections; (5) that your purchases, progress, content, etc. will be stored.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Licensor cannot guarantee the App will be safe and secure or will work perfectly all the time. The availability of the App may vary from country to country. Some of the App features may not be available to you or in your country.
TO THE EXTENT PERMITTED BY LAW, HEREBY LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.
YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THE APP IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, THE LICENSOR AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, INVESTORS, BENEFICIAL OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, MULTIPLE, EXEMPLARY OR ANY OTHER DAMAGES (EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), FOR LOSS OF REVENUE, PROFITS OR ANTICIPATED PROFITS, FOR LOSS OF DATA, FOR LOSS OF OPPORTUNITIES, FOR LOSS OF GOODWILL, FOR LOSS OF OTHER OBJECTS OR ASSETS ARISING FROM:
- BREACH OF THE EULA OR OTHER APPLICABLE AGREEMENTS, TERMS, OR POLICIES;
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP;
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT AND DATA;
- TERMINATION OF THIS EULA BY THE LICENSOR;
- MODIFICATIONS, AMENDMENTS, ERRORS IN THE APP;
- SUSPENDING OR DELETING OF THE APP;
- USE OF OR INABILITY TO USE THE APP, OR FROM ANY VIRUS THAT MAY BE TRANSMITTED.
TO THE EXTENT PERMITTED BY LAW IN ANY CASE THE LICENSOR’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE APP OR HEREWITH SHALL BE LIMITED TO 50$.
All limitations of liability of any kind (including in this section and elsewhere in this EULA) are made for the benefit of both the Licensor and the affiliated entities, and their respective successors and assigns.
You are solely responsible for any damage caused to the Licensor and/or other Users of the App as a result of your violation of this EULA.
The User agrees that any claim the User may have that arises out of or related to the User’s relationship with the Licensor must be filed within one year after such claim arose; otherwise, such claim is permanently barred.
To the extent permitted by law, the User agrees that any claim he/she may have against the Licensor, including the Licensor's past and present affiliates, officers, directors, employees, and agents, must be brought individually and the User shall not join such claim with claims of any other person or entity or bring, join, and/or participate in a class action against the Licensor, including the Licensor's past and present affiliates, officers, directors, employees, and agents.
CHANGES TO THE EULA OR TO THE APP
The Licensor shall be entitled to amend the present EULA at any time and at its sole discretion. Such changes will be effective with or, if applicable, without prior notice to you, unless required by the applicable laws.
The Licensor reserves the right to suspend, delete, change, or modify the App or any of its functions for any reason or without any specific reason, at any time and at its sole discretion.
DURATION OF THE EULA
The EULA shall be effective from the date you download or start to use the App until terminated according to the provisions stated herein.
You and the Licensor may terminate this EULA without advanced notice, at any time, for or without any reason. The termination by the Licensor will be effective upon (a) notice to you or (b) termination of your Account (if any) or (c) at the time of the Licensor’s decision to discontinue offering and/or supporting the App (upon deleting or suspending the App availability).
This EULA will terminate automatically if you fail to comply with any of the terms and conditions of this EULA.
Upon termination for any reason, you must immediately uninstall the App and destroy all copies of the App in your possession.
The provisions regarding the User’s creation as stated above shall survive even upon termination of this EULA for an indefinite period of time.
If any provision of this EULA shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this EULA (including, without limitation, each portion of any Section, paragraph, or sentence of this EULA containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal, or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (c) to the fullest extent possible, the provisions of this EULA (including, without limitation, each portion of any Section, paragraph, or sentence of this EULA containing any such provision held to be invalid, illegal, or unenforceable, that is not itself invalid, illegal, or unenforceable) shall be construed so as to give effect to the intent manifested thereby.
Any failure by the Licensor to exercise any of its respective rights, powers, or remedies under this EULA, or any delay by the Licensor in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by the Licensor does not prevent either from exercising any other rights, powers, or remedies.
APPLICABLE LAW AND JURISDICTION
To the extent permitted by applicable law, this EULA and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of England and Wales. You irrevocably agree that the courts of England and Wales have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the EULA or its subject matter or formation (including non-contractual disputes or claims).
- Full name of legal entity: Trendformer Limited
- E-mail address: [email protected]
- Postal address: 604, Tower A, New Trade Plaza, 6 On Ping Street, Shatin, N.T., Hong Kong
The update is made on the 25th of July 2022.