EULA

End Customer License Agreement (“Agreement”)

Last updated on December 20, 2021

Please read this End Customer License Agreement carefully before clicking the "I Accept" button or downloading or using SOLTEL.SHOP

 

Interpretation and Definitions

Interpretation

Capitalized words have defined meanings under the following conditions. The following definitions will have the same meaning regardless of whether they appear in the singular or plural.

Definitions

 

For the purposes of this End Customer License Agreement:

* “Agreement” means this End Customer License Agreement which forms the entire signed agreement between Customer and Company for the use of the Application.

* “Application” refers to the computer program, named SOLTEL.SHOP enabled by the Company and which Customer has downloaded to a Device through an Application Store account.

* “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.

* “Company” (referred to as either “the Company” or “We” or by the possessive adjective “Our” in this Agreement) refers to SOLTEL.SHOP.

* "Content" refers to content such as text, images, or other information that may be published, uploaded to the Internet, connected, or otherwise provided to Customer regardless of the form such content may have.

* “Country” refers to: Ontario, Canada

* “Device” refers to any Device that can access the Application, for example, a computer, mobile phone or digital tablet.

* “Family Sharing” / “Family Group” allows Customer to share the Apps downloaded from the App Store with other members of their family, thus allowing them to view and download the Apps of their choice to their associated Devices.

* “Third Party Services” means any service or content (including data, information, Applications, and other products and services) provided by a third party that may be displayed, embedded, or made available through the Application.

* “Customer(s)” means the individual accessing or using the Application, or the Company, or other legal entity on whose behalf such individual accesses or uses said Application, as applicable. 

 

Acceptance

By clicking the “I Accept” button or downloading or using the Application, Customer agrees to be bound by the terms and conditions of this Agreement. If Customer does not agree to the terms of this Agreement, please do not click the “I Agree” button, download or use the Application.

This Agreement is a legal document, signed between Client and the Company, that governs the use of the Application that the Company has made available to you.

This Agreement is entered into between Client and Company only and not with the App Store. Therefore, the Company is solely responsible for the Application and its content. Even if the App Store is not a party to this Agreement, it has the right to enforce Customer's compliance as a third party beneficiary with respect to Customer's use of the Application.

Because other customers may access and use the Application, for example, through Family Sharing/Family Group options or volume purchases, such customers' use of the Application is expressly subject to this Agreement. .

The Company does not sell the Application to the Customer, but rather licenses the Application to the Customer in strict accordance with the terms of this Agreement.

 

License

 

License Scope

Company grants Customer a non-exclusive, non-transferable, revocable limited license to download, install or use the Application strictly in accordance with the terms of this Agreement.

Customer may only use the Application on a Device that Customer owns or controls and as authorized by the terms and conditions of the Application Store.

The license that the Company grants to Client is only for his personal non-commercial use in strict accordance with the terms of this Agreement.

 

License Restrictions

Client agrees not to engage in the following actions or allow others to do so:

* License, sell, rent, lease, distribute, transmit, sponsor, sub-license, disclose or otherwise commercially exploit this Application or provide it to third parties.

* Copy or use the Application for purposes other than those authorized under the "License" section above.

* Modify, disassemble, decipher, decompile or reverse engineer or create derivative works of any part of the Application.

* Remove, alter, or impair the visibility of any proprietary information (including any copyright or trademark information) of the Company or its affiliates, partners, suppliers, or licensors to use this Application.

Contenido

 

Intellectual property

The Application, including without limitation all copyright, patent, trademark, trade secret and other intellectual property rights, are and shall remain the sole and exclusive property of the Company.

The Company shall not be obligated to indemnify Client or defend Client from any third party assertion arising out of or relating to the Application. To the extent that indemnification is required by applicable law, the Company, not the App Store, shall be solely responsible for investigating, defending, remedying or invalidating any claim that the App or Customer's use of the App violates the intellectual property rights of third parties.


Your Suggestions

Any feedback, comments, ideas, improvements or suggestions provided by the Client to the Company regarding the Application shall remain the sole and exclusive property of the Company.

The Company is free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any manner without credit or compensation to Client.

 

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any other service linked to it, with or without prior notice and without any obligation to the Client.

Application Updates

From time to time, the Company may refine or improve the features and/or functionality of the Application, which may include corrections, bug fixes, updates, upgrades, and other modifications.

Updates may modify or remove some features and/or functionality of the Application. Client agrees that the Company is not obligated to (i) provide Client with any Update, or (ii) continue to provide or allow Client to use any particular feature and/or functionality of the Application.

Customer further agrees that any update or other modification (i) shall be deemed an integral part of the Application, and (ii) shall be subject to the terms and conditions of this Agreement.

Maintenance and Assistance

The Company does not provide maintenance or assistance of any kind to download or use the Application. To the extent applicable law requires the provision of such maintenance or support, the Company, not the App Store, shall have the obligation to provide such maintenance or support.

Thirdparty services

The Application may display, embed or publish third party content (including data, information, Applications and other products and services) or provide links to third party websites or services.

Client acknowledges and agrees that the Company shall not be responsible for any Third Party Service, including its accuracy, completeness, timeliness, validity, copyright observance, legality, decency, quality, or any other aspect of such service. The Company does not and will not assume any obligation to Client or any other person or entity for any Third Party Services.

Customer must comply with the relevant Terms of the Third Party Agreement when using the Application. Third Party Services and links thereto are solely for the convenience of Customer, and Customer accesses and uses such services entirely at Customer's own risk and subject to the applicable Third Party Terms and Conditions.


Privacy Policy

The Company collects, saves, maintains, and shares Client information in accordance with Our Privacy Policy: https://soltel.shop.com/privacy-policies

By accepting this Agreement, Customer hereby acknowledges its agreement and consent to the terms and conditions of Our Privacy Policy.

 

Term and Termination

This Agreement will remain in effect until Client or the Company decides to terminate it. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without notice.

This Agreement will terminate immediately, without prior notice from the Company, if Client fails to comply with any provision of this Agreement. Customer may also terminate this Agreement by deleting the Application and all copies thereof from your Device or computer.

Upon termination of this Agreement, Customer will stop using the Application and delete all copies of it from your Device.

Termination of this Agreement will not limit any of the rights or remedies at law or in equity in the event that Client fails (during the term of this Agreement) any of its obligations under its provisions.


Compensation

Client agrees to indemnify and hold harmless the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) from any claim or demand, including costs for legal services, caused by Client having : (a) used the Application; (b) violated this Agreement or any law or regulation; or (c) violated the rights of third parties.

No Guarantees

 

The Application is provided to Customer "AS IS" and with all faults and defects without warranty of any kind. To the full extent that applicable law provides, the Company, on behalf of itself or its affiliates and its licensors and service providers and its own, 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 use, title and non-infringement, as well as the warranties that may arise during its distribution, execution, use or practice commercial. Without limiting the foregoing, the Company makes no warranties, guarantees, or guarantees that the Application will meet your requirements, achieve its intended results, be compatible or work with other software, Application, system or service, operate without interruption , will meet performance or reliability standards, or be error-free, or that any errors or defects in it will be corrected.

Without limiting the foregoing, neither the Company nor any of its suppliers make any assurances or warranties of any kind, express or implied, as to: (i) the operation or availability of the Application, or the information, content, and the materials or products it contains; (ii) the certainty that the Application will work without interruptions or errors; (iii) the accuracy, reliability, or timeliness of any information or content you may provide; or (iv) that the Application, its servers, content, or emails sent by or on behalf of the Company are free of viruses, code, Trojan horses, worms, malware, time bombs, or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable consumer statutory rights, so some or all of the above exclusions may not apply to Customer. However, in these cases the exclusions and limitations set forth in this section will apply to the maximum extent required by law. To the extent any warranty provided by law cannot be disregarded, the Company, not the App Store, shall be solely responsible for such warranty.

Limitation of Liability

 

Regardless of any damages Customer may cause, all liability of Company and any of its suppliers under the provisions of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount Customer actually paid for the Application. or through it.

 

To the fullest extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages (including, without limitation, damages for lost profits, loss of data, or otherwise). information, business interruption, personal injury, loss of privacy due to or related to the use or inability to use the Application, third party software and/or hardware used in conjunction with the Application, or for other causes related to what is established in this Agreement), even if the Company or its suppliers have been advised of the possibility of such damages and your remedy fails of its essential purpose.

 

Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation/exclusion may not apply to Customer.

 

Customer clearly understands and agrees that the App Store, its subsidiaries and affiliates, and its licensors shall not be liable to Customer, under any theory of liability, for any direct, indirect, incidental, special, consequential, or punitive damages that Customer may cause, including any loss of data, whether or not the App Store or its representatives have been advised or should have been aware of the possibility of such damages.

 

Severability and Waiver

 

Divisibility

If any provision of this Agreement is found to be unenforceable or void, it will be changed and construed to accomplish the purposes of that provision to the fullest extent possible under applicable law and the remaining provisions will remain in full force and effect.

Exemption

Except as provided herein, the failure to exercise a right or enforce an obligation under this Agreement will not affect either party's ability to exercise such right or enforce such performance at any later time, nor will the waiver of a violation shall constitute a waiver of any future waiver.

 

Product Claims

The Company makes no warranties regarding the Application. To the extent Customer has any claims arising out of or related to Customer's use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but are not limited to: (i ) product liability claims; (ii) any claim that the Application does not comply with any legal or regulatory requirement; and (iii) any claim based on consumer protection or other similar legislation.

 

United States Legal Compliance

Customer represents and warrants that (i) Customer does not reside in a country subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country, and (ii) Customer is not listed on any U.S. government list of prohibited or restricted persons.

 

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 warranted, we will issue notice at least 30 days before any new terms take effect. The Company will determine, in its sole discretion, what constitutes a material change.

By continuing to access or use the Application after any modification becomes effective, Customer agrees to be bound by the modified terms. If Client does not accept the new terms, he will not be authorized to continue using the Application. 

Governing Law

 

The laws of the Country, excluding its rules on conflicts of laws, will govern this Agreement and Customer's use of the Application, which may also be subject to other local, state, national, or international laws.

 

Entire Agreement

 

The Agreement constitutes the entire Agreement between Client and Company regarding the use of the Application and supersedes any prior and contemporaneous Agreements, written or oral, between Client and Company.

Customer may be subject to additional terms and conditions that apply when Customer uses or purchases services from another Company that Company will make available to Customer at the time of such use or purchase.

 

Contact Us

 

If Customer has any questions about this End Customer License Agreement, Customer may contact us:

* By email: info@soltel.shop

* By visiting this site on our website: <https://www.soltel.shop>

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