
Terms and Conditions
End-User License Agreement (EULA)
Please read this End-User License Agreement carefully before clicking the "Download" button, downloading and using Spry.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of this End-User License Agreement:
- Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
- Application means the software program provided by the Company downloaded by You to a Device, named Spry.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Monetize Ad d.o.o, Hadžiabdinica bb, Sarajevo.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Country refers to: Bosnia and Herzegovina.
- Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.
- Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
- You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment
By clicking the "Download" button, downloading or using the Application, You are
agreeing
to be bound by the terms and conditions of this Agreement. If You do not agree to the
terms of this Agreement, do not click on the "Download" button, do not download or do
not
use the Application.
This Agreement is a legal document between You and the Company and it governs your use
of the Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use strictly in
accordance with the terms of this Agreement.
License
Scope of License
The Company grants You a revocable, non-exclusive,
non-transferable, limited license to download, install and use the Application strictly
in accordance with the terms of this Agreement.
The license that is granted to You by the Company is solely for your personal,
non-commercial purposes strictly in accordance with the terms of this Agreement.
Third-Party Services
The Application may display, include or make available third-party content (including
data, information, applications and other products services) 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 does not
assume and shall not have any liability or responsibility to You or any other person or
entity for any Third-party Services.
You must comply with applicable Third parties' Terms of agreement when using the
Application. Third-party Services and links thereto are provided solely as a convenience
to You and You access and use them entirely at your own risk and subject to such third
parties' Terms and conditions.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The
Company may, in its sole discretion, at any time and for any or no reason, suspend or
terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the
event that you fail to comply with any provision of this Agreement. You may also
terminate this Agreement by deleting the Application and all copies thereof from your
Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and
delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company's rights or remedies at
law or in equity in case of breach by You (during the term of this Agreement) of any of
your obligations under the present Agreement.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
No Warranties
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and
defects without warranty of any kind. To the maximum extent permitted under applicable
law, the Company, on its own behalf and on behalf of its affiliates and its and their
respective licensors and service providers, expressly disclaims all warranties, whether
express, implied, statutory or otherwise, with respect to the Application, including all
implied warranties of merchantability, fitness for a particular purpose, title and
non-infringement, and warranties that may arise out of course of dealing, course of
performance, usage or trade practice. Without limitation to the foregoing, the Company
provides no warranty or undertaking, and makes no representation of any kind that the
Application will meet your requirements, achieve any intended results, be compatible or
work with any other software, applications, systems or services, operate without
interruption, meet any performance or reliability standards or be error free or that any
errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider
makes any representation or warranty of any kind, express or implied: (i) as to the
operation or availability of the Application, or the information, content, and materials
or products included thereon; (ii) that the Application will be uninterrupted or
error-free; (iii) as to the accuracy, reliability, or currency of any information or
content provided through the Application; or (iv) that the Application, its servers, the
content, or e-mails sent from or on behalf of the Company are free of viruses, scripts,
trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or
limitations on applicable statutory rights of a consumer, so some or all of the above
exclusions and limitations may not apply to You. But in such a case the exclusions and
limitations set forth in this section shall be applied to the greatest extent
enforceable under applicable law. To the extent any warranty exists under law that
cannot be disclaimed, the Company shall be solely responsible for such warranty.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire
liability of the Company and any of its suppliers under any provision of this Agreement
and your exclusive remedy for all of the foregoing shall be limited to the amount
actually paid by You for the Application or through the Application or 100 USD if You
haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its
suppliers be liable for any special, incidental, indirect, or consequential damages
whatsoever (including, but not limited to, damages for loss of profits, loss of data or
other information, for business interruption, for personal injury, loss of privacy
arising out of or in any way related to the use of or inability to use the Application,
third-party software and/or third-party hardware used with the Application, or otherwise
in connection with any provision of this Agreement), even if the Company or any supplier
has been advised of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to You.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Product Claims
The Company does not make any warranties concerning the Application.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to
modify or replace this Agreement at any time. If a revision is material we will provide
at least 30 days' notice prior to any new terms taking effect. What constitutes a
material change will be determined at the sole discretion of the Company.
By continuing to access or 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 are no
longer authorized to use the Application
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Entire Agreement
The Agreement constitutes the entire agreement between You and the Company regarding your
use of the Application 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's services, which the Company will provide to You at the time of such use or
purchase.
Contact Us
If you have any questions about this Agreement, You can contact Us:
By email: [email protected]
By phone number: +38762446646
By mail: Monetize Ad d.o.o, Hadžiabdinica bb, Sarajevo