End-User License Agreement (“Agreement”)
Last updated: 2022 February 17
Please read this End-User License Agreement carefully before clicking the “I Agree” button, downloading or using NO-CV.
Interpretation and Definitions
Capitalized words have the meanings set forth in these Terms.
The following definitions have the same meaning regardless of whether they are given in the singular or plural.
For purposes of this End User License Agreement:
Agreement means this end-user license agreement, which constitutes the entire agreement between You and the Company regarding the use of the Program.
Program means software, provided by the Company and downloaded by You through your App Store account to a device, named NO-CV.
App Store means the digital distribution service operated and developed by Apple Inc. (“Apple App Store”) or Google Inc. (“Google Play Store”) through which the Application was downloaded to Your Device.
The company (referred to in this contract as “Company”, “We” or “Our”) means UAB “NO-CV”, registered in the Lithuanian Register of Legal Entities, the registry administrator is the state company “Registrų centras”, company address Sėlų 18-43, LT-08142, Vilnius, Lithuania.
Content means content such as text, images or other information that you post, upload, link to or otherwise make available, regardless of the form of that content.
Device means any device that can access the Application, such as a computer, mobile phone or digital tablet.
Family Sharing / Family Group allows you to share apps downloaded from the app store with other family members, allowing them to view and download each other’s compatible apps to related devices.
Third Party Services means any services or content (including data, information, applications and services of other products) provided by a third party (not the Company) that the Application may display, include or make available.
You mean the person who accesses or uses the Application or the company or other legal entity on whose behalf such person accesses or uses the Application, as applicable.
By clicking the “I agree” button, downloading or using the Application, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this Agreement, do not click the “I agree” button, download or use the Application.
This Agreement is a legal document between you and the Company and governs your use of the Program created by the Company and available to you.
This agreement is concluded between you and the Company only, and not with the App Store.
Therefore, only the Company is responsible for the Program and its content. Although the App Store is not a party to this Agreement, it has the right to enforce it against You as a third-party beneficiary in connection with Your use of the App.
Because the App may be accessed and used by other users, such as through Family Sharing/Family Group or bulk purchases, those users’ use of the App is expressly governed by this Agreement.
The Company licenses, and does not sell, the Program to you for use strictly in accordance with the terms of this Agreement.
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Program strictly in accordance with the terms of this Agreement.
You may only use the Application on a device owned by you or available to you, as permitted by the App Store Terms and Conditions.
The license granted by the Company to you is intended only for your personal, non- commercial purposes, strictly in accordance with the terms of this Agreement.
You agree not to and undertake not to allow others to:
- License, sell, rent, lease, assign, distribute, transfer, host, transmit, disclose or otherwise commercially use the Program or make it available to any third party.
- Copy or use the Program or any part thereof for any purpose other than as permitted under the License section above.
- Modify, create derivative works from, disassemble, decompile, reverse complicate or decompile any part of the Program.
- Remove, alter or obscure any proprietary notice (including any copyright or trademark notice) of the Company or its affiliates, partners, suppliers or Program licensors.
The Company is not responsible for the entries, information or content of users of the Program. You expressly understand and agree that you are solely responsible for the content and all activities that occur under your account, whether by you or any third party using your account.
You may not transmit any Content that is unlawful, abusive, harassing, defamatory, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such unacceptable Content include, but are not limited to:
- Illegal activity or promotion of illegal activity.
- Defamatory, discriminatory or vulgar content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin or other target groups.
- Electronic spam, automated or randomly generated, illegal or unsolicited advertising, chain letters, any other form of illegal solicitation, or any form of sweepstakes or gambling.
- Viruses, worms, malware, Trojan horses or other content that is designed or intended to disrupt, damage or limit the performance of any software, hardware or telecommunications equipment or to damage or gain unauthorized access to any data or other information of a third party.
- Any proprietary right, including patent, trademark, trade secret, copyright, right of publicity or another right, of any party is violated.
- Impersonate any person or entity, including the Company and its employees or agents.
- Violation of any third party’s privacy.
- Misinformation and false functions.
The Company reserves the right, but not the obligation, to determine, in its sole discretion, whether any Content is appropriate and in compliance with this Agreement, and to refuse or remove any Content. The Company also reserves the right to format, edit and change any content. The Company may also limit or cancel the use of the Application if such objectionable Content is posted.
Since the Company cannot control all Content posted by Users and/or third parties on the Program, you agree to use the Program at your own risk. You understand that by using the Application you may encounter content that you may find offensive, indecent, wrong or objectionable, and you agree that under no circumstances shall the Company be liable for any content, including errors or omissions, or for any loss or damage incurred for any use of the content.
The Software, including but not limited to all copyrights, patents, trademarks, trade secrets and other intellectual property, is and will remain the sole and exclusive property of the Company.
The Company is not obligated to indemnify or defend You against any third-party claims arising from the Program or third parties related to it. To the extent the Company’s indemnification is governed by applicable law, the Company, and not the App Store, shall be solely responsible for the investigation, defense, determination, and enforcement of any claim that the Application or Your use thereof infringes any third party’s intellectual property rights compliance with rights.
In the event of justified claims by third parties regarding possible infringement of their intellectual property or other rights, the Company has the irrevocable right to disclose your identity or other personal data in its possession to such third parties.
Any feedback, comments, ideas, improvements or suggestions you submit to the Company regarding the Program shall remain the sole and exclusive property of the Company.
The Company is free to use, copy, modify, publish or redistribute the offers for any purpose and in any manner without credit or compensation to You.
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
The Company may provide improvements or enhancements from time to time to the features/functionality of the Application, including patches, bug fixes, updates, enhancements and other changes.
Updates may change or remove certain features and/or functionality of the Application. You agree that Company has no obligation to (i) provide any updates or (ii) continue to provide or enable any particular features and/or functionality of the Program.
You further agree that any updates or any other changes will (i) be considered an integral part of the Program and (ii) be subject to the terms of this Agreement.
Care and support
The Company does not provide any maintenance or support for downloading and using the Application. To the extent required by applicable laws to provide any maintenance or support, such maintenance or support must be provided by the Company and not by the App Store.
The Application may display, include or make available third-party content (including data, information, applications and services of other products) or provide links to third- party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third- Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company shall have no liability to You or any other person or entity for any Third Party Services.
When using the Application, you must comply with the terms of the applicable third- party agreement. Third-party services and links to them are provided for your convenience only, and you use the Program at your own risk in accordance with the third-party terms and conditions.
Term and Termination
This Agreement is effective until terminated by You or the Company. The Company may, in its sole discretion, suspend or terminate this Agreement at any time and for no reason, with or without prior notice.
This Agreement will terminate immediately without prior notice to the Company if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies of it from your device or computer.
Upon termination of this Agreement, you must cease all use of the Program and delete all copies of the Program from your device.
Termination of this Agreement shall not limit any of the Company’s rights or remedies at law or in equity if You (during the term of this Agreement) breach any of Your obligations under this Agreement.
You agree to indemnify and hold harmless the Company and its parent companies, shareholders, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) from any claims or demands, including reasonable attorneys’ fees, arising out of You: (a) use of the Application; (b) breach this Agreement or any law or regulation; or (c) violation of any third party law.
Under no circumstances will you have the right to submit any financial claims to the Company arising from the use of the Program, including its improper operation or failure to meet your expectations/needs.
The Program is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the fullest extent permitted by applicable law, the Company, on its own behalf and on behalf of its subsidiaries and its and their respective licensors and service providers, expressly disclaims all warranties, express, implied, statutory or otherwise, with respect to the Program, including all implied warranties of merchantability, fitness for a particular purpose, non-infringement of proprietary rights, as well as warranties that may arise from use or trade practices. Without limiting the foregoing, the Company makes no warranties or representations and makes no representations that the Program will meet Your requirements, achieve any intended results, be compatible or interoperable with any other software, programs, systems or services, or will operate without interruptions, will meet any performance or reliability standards or will be error-free, or any errors or defects can be or will be corrected.Without limiting the foregoing, neither the Company nor any of the Company’s suppliers make any representations or warranties, express or implied: (i) regarding the operation or availability of the Program, or the information, content, materials or products included therein; (ii) that the Program will be uninterrupted or error-free; (iii) regarding the accuracy, reliability or currency of any information or content provided through the Application; or (iv) in the Application, its servers, content or email sent from or on behalf of the Company emails do not contain viruses, trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations of applicable statutory user rights, so some or all of the above exclusions and limitations may not apply to you. However, in such event, the exclusions and limitations set forth in this section shall apply to the fullest extent permitted by applicable law. To the extent any warranty exists by law that cannot be disclaimed, Company and not the App Store are solely responsible for such warranty.
Notwithstanding any damages you may suffer, the Company’s and any of its suppliers’ total liability under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount you actually paid for the Program.
To the extent permitted by applicable law, the Company or its suppliers shall in no way be liable for any special, incidental, indirect or consequential damages (including, but not limited to, damages for lost profits, loss of data or other information, business interruption, personal injury, loss of privacy resulting from the use of the Program, third-party software and/or third-party hardware used with the Program, or the inability to use information related thereto in any way, or otherwise related to any provision of this Agreement), even if Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You expressly understand and agree that the App Store, its subsidiaries and affiliates, and its licensors shall not be liable under any theory of liability for any direct, indirect, incidental, special, consequential or exemplary damages that you may suffer, including any loss of data, regardless of whether the App Store or its representatives have been advised or should have been aware of the possibility of any such losses.
Severability and Waiver
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be modified and construed to best achieve the purposes of such provision under applicable law, and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure of a party to exercise a right or enforce an obligation under this Agreement shall not affect a party’s ability to exercise such right or enforce such obligation at any time thereafter, and the waiver of a breach shall not be deemed a waiver of any subsequent breach.
Claims to the product
The Company makes no guarantees regarding the Program. To the extent you have any claims arising out of or related to your use of the Application, the Company, and not the App Store, is responsible for any such claims, which may include, but are not limited to: (i) product liability claims; (ii) any statement that the Program does not comply with any applicable legal or regulatory requirements; and (iii) resolving any claims arising under consumer protection or similar legislation.
United States Legal Compliance
You declare and warrant that (i) you are not located in a country embargoed by the United States government or designated by the United States government as a “terrorist-sponsoring” country, and (ii) you are not incorporated into any United States or EU (or any EU country member states) list of countries banned or restricted by governments.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to change or modify this Agreement at any time. If the changes are material, we will notify you at least 30 days before any new terms come into effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access and use the Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you no longer have the right to use the Program.
The laws of the country, with the exception of conflict of laws rules, govern this Agreement and Your use of the Program. Use of the Application may also be subject to other local, state, national or international laws.
The parties will try to resolve disputes arising from the Agreement peacefully through negotiations. If the negotiations fail, the competent Lithuanian court in Vilnius has exclusive jurisdiction to examine the disputes.
The Agreement constitutes the entire agreement between You and the Company regarding the use of the Program and supersedes all prior and contemporaneous written or oral agreements between You and the Company.
You may be subject to additional terms and conditions that apply when you use or purchase other Company services that the Company will provide to you at the time of such use or purchase.
If you have any questions about this Agreement, you can contact us:
• Email: firstname.lastname@example.org