This license agreement (“Agreement”) is entered into by and between Fesma (“Licensor”) and the user (“Licensee”) of the Agify mobile application (“App”).
1.1 License. Subject to the terms and conditions of this Agreement, Licensor grants Licensee a non-exclusive, non-transferable, revocable, limited license to download, install, and use the App solely for personal, non-commercial purposes.
1.2 Restrictions. Licensee may not: Copy, modify, or create derivative works of the App; Distribute, transfer, sublicense, lease, lend, or rent the App to any third party; Reverse engineer, decompile, or disassemble the App; Use the App for any illegal or harmful purpose.
2.1 Intellectual Property. The App and all intellectual property rights therein, including but not limited to copyrights, trademarks, and trade secrets, are and will remain the exclusive property of Licensor. Licensee acquires no ownership rights to the App.
2.2 Content. All content provided or made available through the App remains the property of its respective owner and may be protected by copyright or other intellectual property rights.
3.1 Updates. Licensor may, at its sole discretion, provide updates, upgrades, or new versions of the App. Such updates are considered part of the App and are subject to the terms of this Agreement.
3.2 Support. Licensor is not obligated to provide support, maintenance, or updates for the App. All support provided is at the discretion of Licensor.
4.1 Term. This Agreement begins upon installation or use of the App by Licensee and continues until terminated by either party.
4.2 When the licensee chooses a subscription plan, it begins with a one-month trial period during which the App can be experienced and terminated at any time. Without termination, the selected subscription will begin automatically.
4.3 Termination by Licensor. Licensor may terminate this Agreement at any time, with or without cause, by notifying Licensee or revoking access to the App.
4.4 Termination by Licensee. Licensee may terminate this Agreement by indicating this in the App or by sending an email to Agify@fesma.nl.
4.5 Effect of Termination. Upon termination of this Agreement, all rights granted to Licensee under this Agreement will immediately cease, and Licensee must remove and delete all copies of the App.
5.1 As Is. The App is provided "as is" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
5.2 No warranties. Licensor does not warrant that the App will be error-free, uninterrupted, secure, or that any defects will be corrected.
6.1 No Liability. In no event will Licensor be liable for any direct, indirect, incidental, consequential, special, or exemplary damages, including but not limited to loss of profits, data, or use, arising out of or in connection with Licensee's use of the App, whether based on contract, tort, strict liability, or otherwise, even if Licensor has been advised of the possibility of such damages.
7.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Licensor is located, without regard to its conflict of laws principles.
7.2 Dispute Resolution. All disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of Dutch law. The arbitration shall take place in the jurisdiction of Licensor's principal place of business.
8.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements or understandings, whether written or oral.
8.2 Amendments. Licensor reserves the right to modify or amend this Agreement at any time by posting the amended terms on the App or its website. Continued use of the App after such changes constitutes Licensee's acceptance of the amended terms.
8.3 Severability. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
8.4 Waiver. No waiver of any term or condition of this Agreement will be deemed a further or continuing waiver of such term or condition or any other term or condition. By using the App, Licensee acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.
