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End User Licence Agreement

Licence

  1. Under this End User Licence Agreement (the "Agreement"), PAYID LABS OÜ (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable licence (the "Licence") to use PayMe+ (the "Software").
  2. "Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
  3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a licence for use only and is not in any way a transfer of ownership rights to the Software.
  4. The Software may be loaded onto no more than one computer. A single copy may be made for backup purposes only.
  5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
  6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
  7. Failure to comply with any of the terms under the Licence section will be considered a material breach of this Agreement.

Licence Fee

  1. The Vendor offers the Software free of charge to Licensee. The original purchase price paid by the Licensee is zero dollar and will constitute the entire licence fee and is the full consideration for this Agreement.

Limitation of Liability

  1. The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
  2. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
  3. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warrants and Representations

  1. The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor warrants and represents that granting the licence to use this Software is not in violation of any other agreement, copyright or applicable statute.

Acceptance

  1. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on registration of the Software with the Vendor.

Term

  1. The term of this Agreement will begin on Acceptance and is perpetual.

Termination

  1. This Agreement will be terminated and the Licence forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.

Force Majeure

  1. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Additional Clauses

  1. MOBILE APPLICATIONS: Subject to your compliance with these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to download and use the App on your iOS-based or Android-based mobile device, as applicable, in accordance with these Terms of Use.
  2. APPLE APP STORE TERMS: If the App is provided to you for download through the Apple Inc. (Apple Inc. together with all of its affiliates, “Apple”) App Store, the following terms and conditions shall apply: (i) the parties acknowledge that this Agreement is concluded between the parties, and not with Apple, and that the responsibility for the App and the content thereof is governed by these Terms of Use; (ii) notwithstanding anything to the contrary hereunder, you may use the App only on an Apple-branded product or device that you own or control and as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service; (iii) the parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (iv) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be governed by these Terms of Use; (v) the parties acknowledge that Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession and use of the App, including but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; (vi) the parties acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, such intellectual property infringement claim will be governed by these Terms of Use and Apple will have no responsibility for the investigation, defense, settlement and discharge of such intellectual property infringement claim; (vii) you represent and warrant that you are not: (a) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) listed on any U.S. Government list of prohibited or restricted parties; (iix) you may contact us regarding any questions, complaints or claims with respect to the App at: support@payme.plus; (ix) you must comply with all applicable third party terms of agreement when using the App; and (x) the parties acknowledge that Apple is a third party beneficiary to these Terms of Use and, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof. To the extent that this Section 10.2 is inconsistent with any other terms and conditions of these Terms of Use, this Section 10.2 will prevail.
  3. GOOGLE PLAY TERMS: If the App is provided to you for download through the Google Inc. (Google Inc. together with all of its affiliates, “Google”) Google Play, the following terms and conditions shall apply: (i) you acknowledge that Google is not responsible for providing support services for the App, and (ii) if any of the terms and conditions in these Terms of Use are inconsistent or in conflict with the Google Play Developer Distribution Agreement, the terms and conditions of Google’s Google Play Developer Distribution Agreement will apply to the extent of such inconsistency or conflict as they relate to the app.
  4. RISK STATEMENTS: Cryptographic tokens may be subject to expropriation and/or theft; hackers or other malicious groups or organizations may attempt to interfere with our system/network in various ways, including malware attacks, denial of service attacks, consensus-based attacks, Sybil attacks, smurfing, and spoofing which may result in the loss of your cryptographic tokens, the loss of your ability to access or control your cryptographic tokens. In such an event, there may be no remedy, and holders of cryptographic tokens are not guaranteed any remedy, refund, or compensation. The regulatory status of cryptographic tokens and digital assets is currently unsettled, varies among jurisdictions and subject to significant uncertainty. It is possible that in the future, certain laws, regulations, policies or rules relating to cryptographic tokens, digital assets, blockchain technology, or blockchain applications may be implemented which directly or indirectly affect or restrict cryptographic token holders’ right to acquire, own, hold, sell, convert, trade, or use cryptographic tokens. The uncertainty in tax legislation relating to cryptographic tokens and digital assets may expose cryptographic token holders to tax consequences associated with the use or trading of cryptographic token. Digital assets and financial products and services carry significant risks. The vendor is not responsible for any potential loss in case of a token issuer's problems.

Governing Law

  1. This agreement and the performance of the covenants contained herein shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to any provision regarding conflict of laws. Harju Country Court in Estonia, shall have exclusive jurisdiction to hear any disputes arising under these Terms of Use.

Miscellaneous

  1. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
  2. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
  3. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
  4. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
  5. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
  6. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.

Notices

  1. All notices to the Vendor under this Agreement are to be provided at the following address:
    PAYID LABS OÜ: Tornimäe 5, 2nd Floor, Tallinn 10145 Estonia