END USER LICENCE AGREEMENT
PLEASE READ CAREFULLY BEFORE DOWNLOADING OR STREAMING THE APP FROM THIS WEBSITE.
This end-user licence agreement (EULA) is a legal agreement between you
(the “End-user” or “you”) and itondo
s.à.r.l. a private limited liability company (société à responsabilité limitée),
existing under the laws of the
Grand-Duchy of Luxembourg and registered with the Luxembourg Trade and Companies Register under number B 195962 with
registered office at 9, avenue des Hauts-Fourneaux, L-4362 Esch-sur-Alzette, Luxembourg
(the “Licensor”, “us”,
“we” or “itondo”) for:
effective as of the date you download the App and Documents.
- itondo app 1.0 mobile application software, the data supplied with the software, and the associated media
- online or electronic images and/or documents (Documents),
We license the use of the App and Documents to you, on a non-exclusive basis, and in accordance with the terms of
this EULA and subject to any rules or policies applied by any app store provider or operator from whose site the
End-user downloaded the App. We do not sell the App or Documents to you. We remain the owners of the App and
Documents at all times.
OPERATING SYSTEM REQUIREMENTS
THIS APP REQUIRES A MOBILE DEVICE WITH INTERNET ACCESS AND THE iOS8+
BY DOWNLOADING THE APP FROM THIS WEBSITE OR APP STORE PROVIDER, YOU AGREE TO THE TERMS OF THE LICENCE WHICH WILL
LIMITATIONS ON LIABILITY IN condition 6.1.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE, WE WILL NOT LICENSE THE APP AND DOCUMENTS TO YOU AND YOU MUST STOP
THE DOWNLOADING OR STREAMING PROCESS NOW. IN THIS CASE THE DOWNLOADING
OR STREAMING PROCESS WILL TERMINATE.
You should print a copy of this EULA for future reference.
- The terms of this EULA apply to the App or any of the services accessible through the App
including any updates or supplements to the App or any Service, unless they come with separate terms, in which
case those terms apply. If any open-source software is included in the App or any Service, the terms of an
open-source licence may override some of the terms of this EULA.
- We may change these terms at any time by writing to you, normally via email, with details of the change
or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you
may be required to read and accept them to continue your use of the Services.
- From time to time updates to the App may be issued through the app store provider. Depending on the
update, you may not be able to use the Services until you have downloaded or streamed the latest version of
the App and accepted any new terms.
- You will be assumed to have obtained permission from the owners of the mobile telephone or handheld
devices that are controlled, but not owned, by you and described in condition 2.2(a)
(Devices) and to
download or stream a copy of the App onto the Devices. You and they may be charged by your and their service
providers for internet access on the Devices. You accept responsibility in accordance with the terms of this
EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by
reference. Additionally, by using the App or any Service, you acknowledge and agree that internet
transmissions are never completely private or secure. You understand that any message or information you send
using the App or any Service may be read or intercepted by others, even if there is a special notice that a
particular transmission is encrypted.
- Certain Services or Third Party Providers (including, but not limited to, Qualcomm Connected Experiences
Inc.), may make use of user statistics and location data sent from the Devices. If you use the App or
Documents, you consent to us and our affiliates’, licensees’ and licensors’ transmission, collection,
retention, maintenance, processing and use of your data and queries to provide and improve products and
services. You may withdraw this consent at any time by deleting your account with itondo s.à.r.l. and the
- The App or any Service may contain links to other independent third-party websites
(Third-party Sites). Third-party Sites are not under our control, and we are
not responsible for and do not endorse their content or their privacy policies (if any). You will need to make
your own independent judgement regarding your interaction with any Third-party Sites, including the purchase
and use of any products or services accessible through them.
- Any words following the terms including,
include, in particular or
for example or any similar phrase shall be construed as illustrative and
shall not limit the generality of the related general words.
- Grant and scope of licence
- In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable,
Service and the rules or policies of the app store provider, incorporated into this EULA by reference. We
reserve all other rights.
- You may:
- download or stream a copy of the App onto an unlimited number of mobile devices supported by iOS8.0
and higher and to view, use and display the App on the Devices for your personal purposes only; and
- use the Documents for your personal purposes only.
- Licence restrictions
Except as expressly set out in this EULA or as permitted by any local law, you agree:
together Licence Restrictions.
- not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it
is necessary for the purpose of back-up or operational security;
- not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
- not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any
part of it to be combined with, or become incorporated in, any other programs;
- not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of
the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they
are essential for the purpose of achieving inter-operability of the App with another software program, and
provided that the information obtained by you during such activities:
- is used only for the purpose of achieving inter-operability of the App with another software program;
- is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
- is not used to create any software that is substantially similar to the App;
- to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and
locations of all copies;
- not to provide or otherwise make available the App in whole or in part (including object and source code),
in any form to any person without prior written consent from us; and
- to comply with all technology control or export laws and regulations that apply to the technology used or
supported by the App or any Service (Technology),
- Acceptable use restrictions
together Acceptable Use Restrictions.
- not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent
with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code,
including viruses, or harmful data, into the App, any Service or any operating system;
- not infringe our intellectual property rights or those of any third party in relation to your use of the App
or any Service, including the submission of any material;
- not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of
the App or any Service;
- not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our
systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any
transmissions to or from the servers running any Service.
- Intellectual property rights
- You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere
in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that
you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of
them in accordance with the terms of this EULA.
- You acknowledge that you have no right to have access to the App in source-code form.
- No warranty and Limitation of Liability
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which
may apply to our App and/or Documents whether express or implied.
- We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence),
breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our App and/or Documents and Services; or
- use of or reliance on any content displayed on our App and/or Documents and Services.
- If you are a business user, please note that in particular, under no circumstances shall we be liable for:
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or
other technologically harmful material that may infect your computer equipment, computer programs, data or
other proprietary material due to your use of our site or to your downloading of any content on it, or on any
website linked to it.
We assume no responsibility for the content of websites linked on our App and/or Documents. Such links
should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or
damage that may arise from your use of them.
You acknowledge that the App and/or Documents have not been developed to meet your individual requirements,
and that it is therefore your responsibility to ensure that the facilities and functions of the App and
Documents meet your requirements.
Our maximum aggregate liability under or in connection with this EULA (including your use of the App or any
Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited
to EUR 1,000.00 (one thousand). This does not apply to the types of loss set out in condition 6.3.
You acknowledge that you are aware of the hazards of using a camera-based application while driving, walking
or otherwise being distracted or disoriented from real world situations, and you warrant that you will use the
App with all due care to your own personal safety and those around you, as well as towards property in your
immediate vicinity. We and our third party providers will not be liable for any injury or death to living
beings, or damage to property, caused by your or any other user’s inattentive or inappropriate use of the
Nothing in this EULA shall limit or exclude our liability for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We are not liable under any circumstances for fraud or fraudulent misrepresentation by our licensors or any
third parties who upload content of any kind to our site.
In no event shall itondo, its employees or agents be liable for any direct, indirect or consequential damages
resulting from a dispute which may occur between users of our site (i.e. between a seller and a purchaser),
arising from, in particular, but not limited to, the following circumstances:
- death or personal injury resulting from our negligence;
- our fraud or fraudulent misrepresentation, but excluding fraud or fraudulent misrepresentation by other
users of the App and / or Services; and
- any other liability that cannot be excluded or limited by law.
- a possible withdrawal of the purchaser or the seller;
- the existence of a right to follow that could be invoked by the beneficiaries of the purchaser or the
- the existence of third party rights on the artwork sold or for sale proved by the existence of a clear
Communication between us
- We may terminate this EULA immediately on written notice to you:
- if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within
14 days after the service of written notice requiring you to do so;
- if you breach any of the Licence Restrictions or the Acceptable Use Restrictions; and
- for convenience, at our sole discretion.
- On termination for any reason:
- all rights granted to you under this EULA shall cease;
- you must immediately cease all activities authorised by this EULA, including your use of any Services;
- you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the
App and Documents then in your possession, custody or control and certify to us that you have done so;
Events outside our control
- If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in
writing, you can send this to us by e-mail to email@example.com. We will confirm receipt of this by contacting
you in writing, normally by e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail to an address you provide to
Other important terms
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our
obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure
of public or private telecommunications networks (“Event Outside Our Control”).
- If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
- our obligations under this EULA will be suspended and the time for performance of our obligations will be
extended for the duration of the Event Outside Our Control; and
- we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be
performed despite the Event Outside Our Control.
- We may transfer our rights and obligations under this EULA to another organisation, but this will not affect
your rights or our obligations under this EULA.
- You shall not transfer your rights or obligations under this EULA to another person.
- If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our
rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and
will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only
do so in writing, and that will not mean that we will automatically waive any later default by you.
- Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of
them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
Please note that this EULA, its subject matter and its formation, are governed by Luxembourgish laws. You and we
both agree that the courts of Luxembourg will have exclusive jurisdiction in the event of any dispute arising out
of this EULA.