AGEWARE end user license agreement
This is agreement (“Agreement”) between you (“You“), a person using Ageware Application, and Biometric Ventures s.r.o., a company having its seat at Skalecká 357/17, Holešovice, 170 00 Prague 7, Czech Republic, company identification number: 11894741, registered in the Commercial Register maintained by the Municipal Court in Prague, file no. C 355993, company’s website https://ageware.io/ (“Company” or “We“) (together the “Parties“).
PLEASE READ THE FOLLOWING PROVISIONS CAREFULLY:
- By acknowledging this Agreement or by installing, accessing, browsing, interacting or otherwise using the Application or its part You agree to be fully bound by the terms of this Agreement. You may disagree with the terms by ceasing to use the Application entirely and immediately after You had a first opportunity to read this Agreement. In that case the Agreement was not concluded. The Application cannot be used with reservation; should you have objection against any part of this Agreement, the Agreement was not validly concluded and you must refrain from any other use of the Application.
- You are allowed to use the Application only for purposes of age estimation on Licensee’s websites and/or other systems as determined by the relevant Licensee (“System“). Licensee is a third party who uses Application on their website/system for the purpose of age estimation (“Licensee”). Such licence entitles You to use the System by means described in this Agreement (“Valid System Licence“). Absent, terminated, invalid, limited or otherwise non-compliant System licence renders Your use of the Application unauthorized and is considered as serious violation of terms of this Agreement.
- We shall not be liable for any damages inflicted to You, Your organization or any other third party in connection with the use of the Application, and does not provide any other than mandatory statutory guarantees to the Application.
- Do not hesitate to contact us at firstname.lastname@example.org or at contacts provided on our website with any questions regarding this Agreement.
THE PARTIES AGREED AS FOLLOWS:
- Definitions. “Application” means Ageware application as is officially distributed by the Company, designed to be used primarily, but not exclusively, on Licensee’s websites and/or other systems, consisting primarily of software code, databases, libraries, protocols, graphics, Interface and any other intangible assets and has its main purpose to estimate your age and / or convey the Information from Application to You. “Updates” mean all official, non-revoked, up-to-date updates of the Application that are subject to the same end user license terms as the Application. “Interface” means Application’s standard graphical user interface, provided by the Application itself which enables all end-users to use the Application’s functions. “Information” means information exchanged among the System, Application and You and any other content, including displayed and printed content, outputs and reports, that is delivered through the Application or by any other means to You. “Your Data” means any information which You input, create, upload, store or otherwise originate within the Application (For more information on data processing please read our Privacy Notice located at the address https://www.ageware.io/legal-privacy-policy-ageware-app. “Open Source Software” means software created by npm (https://www.npmjs.com/) and any other third party software which is legally used and/or distributed with the Application.
- Application ownership. The Company is owner or holder of all intellectual property rights in and to the Application. All rights in and to the Application not expressly granted to You in this Agreement are reserved and retained by Company without restriction, including, without limitation, Company’s rights in and to the Application, all related documentation, output, information and reports (if available). Previous sentences of this Clause 2 shall not apply to Open Source Software, which is owned and respective rights are similarly reserved and retained by third parties. You shall use Open Source Software under the same terms as the Application, unless the respective Open Source Software licence expressly allows You to use Open Source Software otherwise.
- Grant of the licence. We hereby grant You non-exclusive, non-transferable, non-sub licensable, royalty-free licence to use the Application and its Updates, specifically to open, run, display, browse and interact with the Application on any number of devices and in the territory of the whole world, under the terms of this Agreement (“Licence“). The Licence lasts only for the duration of this Agreement and can be revoked by Us anytime.
- Limitation. You can use the Application solely by means and for the purpose specified in Clause 4 of this Agreement. Expressly, You are not allowed to, unless expressly stipulated by mandatory applicable law otherwise:
- use the Application for any harmful, abusive or unlawful purposes;
- introduce any malware into the Application or interrupt, intercept, test, attack, disable, control or otherwise tamper with the Application or its part including Locks for any purposes, including educational, statistical and warning purposes;
- scan, analyse, hack, decompile, disassemble, debug, reverse engineer, modify or otherwise misuse the Application or its part;
- download, grab, rip, store, share or otherwise use the Information by any other means than those provided to You through the Interface;
- use the Application with absent, terminated, invalid, limited or otherwise non-compliant System licence;
- use the Application in a manner which interferes with copyright, personal data protection, confidentiality, trade secrets or other rights of the Company or a third party;
- use the Application for the purpose of publicity, promotion or advertising; and
- allow third party to perform any of the above.
You are liable for any and all damages caused to the Company and/or third party by breaching terms of this Clause 5. The Company reserves the right to demand financial reimbursement for any damages or other harm.
- Data ownership. Your undertakings and responsibilities. The Application is designed for informative purposes only and it is not suitable as data storage. However, where the Application allows to input, upload, process, store or otherwise use Your Data, You hereby undertake to use only such data which are Yours, do not unlawfully interfere with third party intellectual property rights, do not contain any personal data about any other person than You except where You have express legal or contractual permission to process such data in the Application, and the data are by all other means in full compliance with laws applicable in Your country and laws of the Czech Republic. If applicable, You undertake to upload only such data which are temporary and of which loss, leak, modification or similar conduct will not result in any damage to You or a third party. Your Data, notwithstanding where it is stored and under any circumstances, remain Your sole and exclusive property, and You are fully responsible for legal compliance of their content and use in the Application. You shall contact the Company where You require any other information to determine whether processing of Your Data within the Application is in compliance with applicable laws.
- Support and Maintenance. We may provide support services for the Application at our cost as we deem necessary in our sole discretion. Accordingly, from time to time, We may issue Updates for the Application and we reserve the right to cease providing and/or supporting the Application at any time in our discretion and may take whatever action we deem necessary to support that decision without any liability to You whatsoever.
- Disclaimer. The Application is not intended as, and cannot be by any means considered as, diagnostic, clinical, metering, monitoring, analysing, medical or any other similar tool or device or its substitute, and Information are not actual age information. You assume full responsibility for acts or omissions arising out of the use or misuse of the Application or Information.
- Exclusion of liability. In no event shall the Company be liable for any damages (actual damages nor any loss of profits) regardless of the manner or reason of damages for which it has arisen or whether the Company was informed about the possibility of such damages, and the Company shall not be obliged to arrange substitute performance or any other compensation for the loss of data, business interruption or any other negative consequence. Terms of previous sentence will not apply in the case of deliberate damages or damages caused by gross negligence, unless the Company has been herein executing its right. Any liability of the Company for Your use of the Application is expressly excluded, in particular, for any outputs and results provided by the Application, deletion, loss or alteration of Your Data or presence of any malicious code or liability for damages caused to a third party in connection with Your use of the Application. In this respect, You are using the Application on Your own risk. We recommend You to adjust Your use of the Application to the above limitations and to take necessary measures in order to minimize possible damages (use antivirus software, protect Your device against misuse etc.).
- Limited warranty. The Application is provided without any warranty as to its functionality, fitness for particular purpose or reliability and the Company is not responsible for any defect, malfunction or unavailability of the Application. The Company does not guarantee any Updates, bugfixes, repairs, improvements or development of the Application or their frequency and any such conduct, if any, remains solely in the discretion of the Company. However, should any incompatibility, errors, freezes or any other defects occur, do not hesitate to contact Us.
- Confidentiality. You must not in any way use any knowledge of ideas, practices, structures, algorithms and methods at which is the Application based or which it contains, despite You acquired such knowledge during lawful use of the Application, except when it is necessary to operate the Application. Furthermore, such knowledge cannot be used either for the development, assembly or commercial use of other program or Application or for other acts which may infringe or jeopardize copyright or business interests of the Company. It is Your obligation to keep such knowledge confidential. Neither Party shall, without the permission of the other Party, use the information or facts about the other Party, especially confidential and sensitive information, know-how, trade secrets and other important information about which it learns in connection with this Agreement or the use of the Application. The obligation remains in effect for a period of five (5) years from the date of termination of this Agreement.
- Validity and effect of the Agreement. This Agreement shall enter into force and effect by the first moment You access, browse, interact or otherwise use the Application or otherwise express Your consent with the terms of this Agreement. You can express Your dissent with the terms of this Agreement or any provision herein by removing the Application from all devices and cease to use the Application immediately; such action does not impact any previous use of the Application preceding to the dissent and previous use of the Application remains subject to the terms of this Agreement. The Agreement cannot be accepted with reservation, addendum, deviation or by other words. Should you have any objection against any part of this Agreement, you must refrain from any future use of the Application.
- Amendments. We reserve the right to change the terms and conditions of this Agreement unilaterally at any time. In that case You will be notified of change of the Agreement by the Application or its Update, by other means available on Your device or through contact which you have directly or indirectly provided to the Company within the course of our business relationship or using Our products (if applicable). Should You disagree with amended terms, You are allowed to withdraw from the Agreement. Upon withdrawal, Clause 16 shall apply accordingly.
- Termination. The Agreement is terminated by notice by either Party, even without giving any reason, by the mutual agreement of the Parties, or upon You removing the Application from all devices and refraining from any future use of the Application. Notice of the Company comes into effect upon publishing it through the Application or at any other appropriate place, like website of the Company. The notice is deemed effective upon the moment it was published. The Company may establish different notice period or set other conditions in the notice. Upon termination of the Agreement regardless of its reason, You must remove the Application from all devices and refrain from any future use of the Application. Upon the termination of the Agreement, you acknowledge that the Company can delete all Your Data.
- Events Outside Our Control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement that is caused by any act or event beyond our reasonable control, including failure of telecommunications services and/or networks (“Event Outside Our Control“). If an Event Outside Our Control takes place that affects the performance of our obligations under this Agreement: (a) our obligations under this Agreement will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and (b) we will use our reasonable endeavours to find a solution by which our obligations under this Agreement may be performed despite the Event Outside Our Control.
- Transfer of our rights and obligations. We may transfer our rights and obligations under this Agreement to another organisation, but this will not affect your rights or our obligations under this Agreement. You may only transfer your rights or obligations under this Agreement to another person if we agree in writing.
- Final provisions. This Agreement and all legal relationships (including non-contractual) arising out of it are governed by Czech law and the Parties hereby submit to the exclusive jurisdiction of Czech courts. Your use of the Application may be also subject to other local, state, national or international laws. Any dispute between the Parties shall be firstly settled among the Parties through consultations for at least thirty (30) days.
If you are a consumer, you can also use the Online Dispute Resolution (ODR) platform available at http://ec.europa.eu/odr, or to apply for the out-of-court settlement of such a dispute to the designated body for out-of-court settlement of consumer disputes, which is
The Czech trade inspection
Central Inspectorate – ADR Department
110 00 Prague 1
Effective date: 30.6.2022