This End User License Agreement (Agreement) is between you and Fisikal Limited
(Fisikal) and governs your use of software provided by Fisikal and any and all related
Content (as defined herein), updates, upgrades, add-ons, patches, and other materials
which are not distributed with a separate license (collectively, the Application). The
Application is licensed to you on the Terms, as defined herein, it is not sold.
1. LIMITED LICENSE
Through your purchase or authorized use of the Application, Fisikal grants to you a
personal limited, non-exclusive and non-transferable license to install and use the
Application on any mobile phone or tablet that you own or control, for your personal,
non-commercial use as set forth herein and as permitted by the Usage Rules set forth in
Section 9.b of Apple, Incs App Store Terms of Service.
The license granted to you is subject to your compliance with all Terms of this
Agreement. You may not make any commercial use of the Application or any part thereof,
and are expressly prohibited from sub-licensing, renting, leasing, transferring or
otherwise distributing the Application.
Your rights under this Agreement will terminate immediately and automatically without
any notice from Fisikal if you fail to comply with any Terms of this Agreement. Termination
will not limit any of Fisikals other rights or remedies at law or in equity.
Fisikal reserves the right in its sole discretion to terminate your account and restrict your
use of all or any part of the Application for any or no reason, without notice, and without
liability to you or anyone else. You agree that a breach of this Agreement will cause
irreparable injury to Fisikal for which monetary damages would not be an adequate
remedy and Fisikal shall be entitled to seek equitable relief in additional to any remedies
it may have hereunder or at law.
You may not use, access or allow others to use or access the Content in any manner not
permitted under the Terms. You may be held liable for any unauthorised copying or
disclosure of any part of the Content, or any use of the application or Content beyond the
Terms.
You may not post, share or otherwise make available the Application or any part thereof,
or a copy of the Application or any part thereof, where on a network or otherwise, where
it can be used or copied by multiple users; copy, translate, modify, adapt, reproduce,
edit, alter or make derivative works of the Application, or any part of the Application;
redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, transmit, or
otherwise make the Application, or any part of the Application, available to third parties;
reverse engineer, decompile or otherwise attempt to extract the source code of the
Application, unless expressly permitted or required by applicable law; delete, remove,
obscure, modify, or in any manner alter any warnings, notices (including any copyright or
other proprietary right notice or any safety instructions), trademarks, logos, or link(s)
that appear in the Application or any part of the Application; and/or publish, publicly
perform, or publicly display the Application or any part of the Application.
FKL END USER LICENSE AGREEMENT (EULA)
The Application may contain links to websites operated by other companies. Fisikal does
not endorse or monitor these linked websites, which have separate terms of use and
privacy policies. Fisikal is not responsible for the content or policies of linked websites
and you access such websites at your own risk.
This Application contains services and features that are available to certain mobile
devices. Your carriers normal rates and fees apply. If Fisikal charges for a mobile service,
you will first be notified and asked to accept any charges. Not all mobile services will
work with all carriers and devices. By using the Fisikal Application, you agree that Fisikal
may communicate with you by electronic means to your mobile device and that certain
information about your use of these service may be shared with us.
You may not use or otherwise export or re-export the Application except as authorised by
English law and the laws of the jurisdiction in which the application is obtained. In
particular but with limitation, the Application may not be exported or re-exported (a) into
any U.S. embargoed countries or (b) to anyone on the U.S Treasury Departments list of
Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List
or Entity List. By using the Application, you represent and warrant that you are not
located in any such country or on any such list. You also agree that you will not use these
products for any purpose prohibited by United State law or English law, including, without
limitation the development, design, manufacture or production of nuclear, missiles, or
chemical or biological weapons.
To facilitate product support and other services to you and others, you agree that Fisikal
may collect, use, store and transmit non-personally identifiable information that identifies
your mobile device, operating system, application software, and peripheral hardware. In
addition, Fisikal may collect and store non-personally identifiable usage information and
statistics. Fisikal may use this information in the aggregated, in a form which does not
personally identify you, to improve its products and services and otherwise, and may
share anonymous aggregate data with its partners and customers.
Depending on the settings you choose, certain of your data and/or personal information
may be shared with Fisikal. All data is collected, used, stored and transmitted in
accordance with Fisikals Privacy Policy.
5. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICATION LAW, THE APPLICATION IS
PROVIDES AS IS WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND WITHOUT
PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND. YOU USE IS AT YOUR SOLE
RISK.
FISIKAL DOES NOT MAKE, AND HERBY DISCLAIMS, ANY AND ALL EXPRESS, IMPLIED OR
STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OR UNINTERRUPTED USE,
MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS OR PARTICULAR PURPOSE,
NONINFRINGEMENT, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING,
USAGE, OR TRADE PRACTICE.
FISIKAL DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE
APPLICATION; THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; THAT USE OF
THE APPLICATION WILL BRING ABOUT YOUR DESIRED OR ANY PARTICULAR HEALTH
AND/OR FITNESS AND OR EDUCATIONAL RESULTS; THAT OPERATION OF THE APPLICATION
WILL BE UNINTERRUPTED OR ERRO-FREE; THAT THE APPLICATION WILL INTEROPERATE
OR BE COMPATIBLE WITH ANY OTHER APPLICATION; OR THAT ERRORS IN THE
APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY FISIKAL
OR ANY AUTHORISED REPRESENTATIVE SHALL CREATE A WARRANTY.
FKL END USER LICENSE AGREEMENT (EULA)
6. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL FISIKAL
BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITSM
COSTS OF SUBSTITUTE GOODS OR SERVICESM LOSS OF DATA, LOSS OF GOODWILL,
COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER FORM OF DIRECT OR INDIRECTM
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUITIVE DAMAGES FROM ANY CUASE OF
ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APPLICATION,
WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR
OTHERWISE, WHETHER OR NOT FISIKAL HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGE.
In no event shall Fisikals total liability to you for all damages (expect as required by
applicable law) exceed the amount actually paid by you for the Application.
7. INDEMINFICATION
You agree to defend, indemnify and hold harmless Fisikal and its affiliates, agents,
employees, owners, contractors and attorneys from and against liabilities, losses,
damage, judgments, fines, penalties, costs and expenses (including reasonable
attorneys fee and court costs), arising out of or resulting from any claim, demand, action
or proceeding brought against Fisikal arising out of or based upon (a) any breach by you
of your representations, warranties and/or obligations in this Agreement; or (b) any
infringement, misappropriation or violation of a third partys intellectual property rights
resulting from your misuse of the Application.
8. SEVERABILITY/SURVIVAL
In any provision (or part thereof) of this Agreement is held invalid or found to be illegal or
unenforceable under applicable law, the remainder of the provision shall be amended to
achieve as closely as possible the effect of the original term and all other provisions of
this Agreement shall continue in full force and effect.
9. Governing Law/Venue
This Agreement shall be governed and interpreted in accordance with English law
(without regard to its provisions regarding conflicts of law). In the event of a dispute
arising out of or in any way relating to this Agreement, jurisdiction and venue shall lie in
the English courts and only in such couts. You heeby irrevocably waive any objections or
defenses based on lack of jurisdiction (personal or subject matter), inconvenience of the
forum and the like.
If you have any questions about these Terms, please contact us at: support@fisikal.com.