END USER LICENSE AGREEMENT
Version No. 1
This document was last updated on June 01, 2022.
An up-to-date version of this Agreement is posted on the Service and at the End User License Agreement
This End User License Agreement (the "Agreement") is a legally binding agreement between Smart Glocal Services Limited (the "Company, "we, "our") and You (the "User", "you", "your") that sets out the conditions for the purchase of the Software using the Company's software and services (collectively referred to as the "Service").
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE SERVICE AND MAKING PURCHASES THROUGH IT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND FULLY AGREE TO ALL THE TERMS OF THIS AGREEMENT. YOU MAY NOT USE THE SERVICE AND MAKE PURCHASES IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT.
By using the Service and making purchases through it, you agree that you have read, understand and unconditionally accept all conditions of this Agreement. If you do not agree to any provision of this Agreement, or you believe that any provision of this
Agreement infringes on your rights, or in any other way puts you at a disadvantage, then you must immediately stop any use of the Service and not make any purchases through it.
We constantly strive to improve our Service by providing you with new features and capabilities, so we may make changes to this Agreement from time to time. If we make changes, we will notify you in any way we can. At the same time, we recommend that you periodically check the date of the last update of this Agreement, indicated at the top of it, and, if it is updated, get acquainted with the new version of the Agreement. Eligibility
By using the Service, you confirm that you have reached the required age in accordance with your personal law, and that you have all the necessary powers and permissions for such use. If you are prohibited by your personal law from using our Service, you must refuse to use the Service, otherwise you and only you will be solely responsible for using the Service in violation of the requirements of your personal law. Conditions of use of the Service
We grant you a limited, non-exclusive, non-transferable license to access and use the Service. All rights to the Service, including software rights, are the exclusive property of the Company. You agree that you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish or participate in the transfer or sale, create derivative works based on our Service or its component parts, or otherwise use the software except for the purpose of using the Service for its intended purpose. Buying the Software
The Service allows you to purchase software whose sales rights have been assigned to the Company by the applicable developer or publisher for the purpose of selling it to end users ("the Software"). You can find out the name of the purchased the Software, its cost and functional purpose through the Service.
When you purchase the Software through the Service, you receive a limited, personal, non-transferable, non-sublicensable license to access and use the Software of your choice.
PLEASE NOTE! When you purchase the Software, you do not own it and you do not acquire any ownership or other proprietary rights in the Software. Your license to use the Software may not be transferred, exchanged or sold in any way to any third party.
We reserve the right to monitor and regulate your use of purchased the Software to prevent you from violating the conditions of this Agreement. We may unilaterally and without compensation for any losses or expenses, terminate your use of the Software if you violate the conditions of this Agreement. Payment methods
We accept certain payment methods for purchases through the Service. Payment methods may vary depending on the different countries and payment providers that we work with. We may change the payment methods available in the Service from time to time.
By specifying a payment method in the Service, you agree that: i) you are authorized to use that payment method; ii) the payment information you provide is true and accurate; iii) we may retain the payment information you provide; and iv) we may share your payment information with the payment providers with whom we do business.
Please note that when you make purchases through the Service, you may be charged additional fees and charges as determined by your financial institution or issuer. We have no influence over this and accept no responsibility for such actions. Subscription
The Software is sold on a subscription basis. The subscription fees are set forth in the Service. By purchasing the Software, you authorize us to make periodic charges for the use of the Software from your payment method.
By purchasing the Software, you warrant to us that: (i) you will pay for the Software in accordance with the terms of your subscription until you cancel your subscription; and (ii) until we cancel your subscription, we are entitled to charge you for your use of the Software in accordance with the terms of your subscription using the payment method you specify.
We will automatically charge you for the use of the Software you purchased beginning on the date of purchase and continuing each recurring renewal date (monthly, annual, or other renewal period) until you cancel your subscription.
PLEASE NOTE! Your Software subscription will automatically renew until you cancel it yourself in accordance with the conditions of this Agreement. Changing subscriptions
Software subscription fees may change from time to time. If the cost of your purchased Software subscription changes, we will give you at least three (3) calendar days' notice through the Service.
If you disagree with a change in the price of your purchased Software subscription, you may cancel the subscription in accordance with the conditions of this Agreement. If you do not cancel your subscription after being notified of a change in the cost of your purchased Software subscription, you will be deemed to have accepted the new cost of your subscription.
Cancellation of Subscriptions
You may cancel one or all your purchased Software subscriptions at any time at your sole discretion. You may cancel subscriptions through the functionality of the Service.
PLEASE NOTE that if you cancel a subscription within its term, the subscription fee already debited will not be refunded - your already-paid subscription will still be valid until it expires.
Please note that your purchased Software subscription will automatically expire if you fail to pay in full and on time. We will notify you through the Service of the failed payment and ask for another method of payment. In any case, your subscription will be suspended until it is paid in full. If you do not pay your subscription after we notify you of a failed payment, your subscription will be canceled.
PLEASE NOTE that all Software subscriptions you have purchased may be canceled at our discretion if you violate the terms of this Agreement or any other applicable Company policy. Prohibited use
We strive to ensure that the Service and the Software are convenient and used by as many Users as possible, but there are areas of the possible use of the Service and the Software in which we would not want to participate for moral, ethical or other reasons.
We strictly prohibit using the Service and the Software to buy, sell, distribute, or pay for:
• Any criminal activity:
o Incitement, solicitation or promotion of Hate/Violence/Racism/Religious persecution;
o Encouragement, promotion, facilitation or instructing others to engage in illegal activity, fraud or the sale of dangerous or hazardous goods;
o Encouragement, promotion and sale of prohibited goods and services:
Drugs / Illicit substances, steroids etc, and related drug paraphernalia;
Weapons, firearms and ammunition;
Cigarettes and any tobacco products;
Medications, dietary supplements;
Government ID's or documents;
Stolen goods including digital and virtual goods;
Fraudulent / deceptive marketing practices;
High Risk File hosting / sharing and cyberlockers;
• Any form of high yield ﬁnancial investments and get rich quick schemes:
o Pyramid or Ponzi schemes, matrix programs;
o Online trading services;
o Gambling business (casinos), betting, wagering on the Internet;
o Penny and Reverse Auctions.
• Any form of violation of intellectual property rights
o Infringe any duly registered copyrights/trademarks or other violation of intellectual property rights;
o Distribution of music, video, software and other products with no license issued by the copyright holder / authorized organization;
o Distribution of counterfeits, distribution of products without any certificates;
• Any other goods that are prohibited or restricted by applicable law and/or the personal law of Users.
We reserve the right to monitor and analyze any information we receive from you at any time to identify the prohibited use of the Service and the Software. We reserve the right to terminate any use of the Service and the Software by you without notice if we determine that your use of the Service and the Software is related to prohibited use. Suspension and termination
You understand and agree that the Company has the right at any time in its sole discretion to suspend or terminate your use of the Software if we reasonably believe that you are violating the terms of this Agreement.
You acknowledge that the Company's decision to suspend or terminate your use may be based on confidential criteria that are necessary for the Company's risk management and security protocols. You agree that the Company is not obligated to disclose to you the details of risk management and security procedures.
You can terminate your use of the Service at any time by writing a corresponding message to our support team via the Service. Your use of the Service will be terminated within five (5) business days from the date we receive this message.
You understand and agree that in order to fulfill our obligations to payment providers and government agencies, we have the right to store information about your use of the Service for a period of five (5) years from the date of termination of your use. Taxes
Generally, the Company does not carry out the calculation, withholding and payment of taxes. At the same time, the Company reserves the right to deduct and withhold the amount of any taxes, if such an obligation is imposed on the Company in accordance with applicable law. The Company has the right to request any tax information it needs from you, and you undertake to provide it within two (2) calendar days from the date of receipt of the corresponding request. As is
The Service and the Software are provided on an "as is" basis. The Company does not provide any express or implied warranties with respect to the Service and the Software, including, but not limited to, guarantees that: the Service or the Software and their functionality meet your requirements and/or expectations, the use of the Service or the Software will increase your profit, the Service or the Software will operate continuously, quickly, reliably and without errors; the results that can be obtained using the Service or the Software will be accurate and error-free; all errors in the Service or the Software will be corrected immediately.
We make commercially reasonable efforts to ensure the operation of the Service and the Software around the clock, but we cannot guarantee that there will be no interruptions due to technical failures, or maintenance work, and we cannot guarantee the full and error-free operation of the Service and the Software.
Since the Service is at the stage of constant addition and updating of functionality, the form and nature of products and features provided may change from time to time without prior notice to the User. LIMITATION OF LIABILITY
YOU CLEARLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS RESPECTIVE OFFICERS (EMPLOYEES AND REPRESENTATIVES) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY DAMAGES OR LOST PROFITS THAT RESULT FROM THE USE OR INABILITY TO USE THE SERVICE. YOU UNDERSTAND AND AGREE THAT UNDER ANY CIRCUMSTANCES, THE COMPANY'S LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT OF 50 EUR AND CAN ONLY BE IMPOSED ON THE COMPANY ON THE BASIS OF AN EFFECTIVE COURT DECISION. Indemnification
You agree to indemnify, defend, and hold harmless the Company and its representatives (directors and employees) from any claims, liabilities, damages, judgments, costs, expenses, or fees (including reasonable attorneys' fees) arising out of your use of the Service, including your violation of this Agreement. Force majeure
The Company is released from liability for partial or complete failure to fulfill its obligations under this Agreement in the event of force majeure, i.e. circumstances of an extraordinary and unforeseen nature, beyond the control of the Company, such as: war (local, international, unjust and just), sudden and/or planned military attack by an enemy nation, army (regardless of whether war is declared or not), invasion (including alien, but still unrighteous); civil war, unrest and riots, strikes; a military coup; a flood, earthquake, fire, hurricane, tornado, lightning strike, landslide or other natural disasters of local, national or international scale; an epidemic or pandemic; an accident; stupidity or carelessness of the Parties; death (including individual or group suicide) of specialists of the parties; the collapse of the economic and financial system of the world or local scale; total and comprehensive apocalypse or other manifestation of the end of the world. Survival
If any provision of this Agreement is found to be invalid or unenforceable under applicable law, such provision will be modified and interpreted to achieve the purposes of the provision to the greatest extent possible, and the validity and applicability of any other provision of this Agreement will not be affected. Third-party services
The Service may contain references or links to third-party services or resources, including information, materials, products, that we do not own or control. These services are provided by third parties and their use is governed by separate agreements. Any use of third-party services is at your own risk, and we do not accept any responsibility for the consequences of such use. External links
The Service may contain links to third-party websites that we are not owned or controlled. These links are placed in the Service solely for your convenience and any use of these links should be carried out by you at your own risk.
You should understand that the placement of such links in the Service does not mean that we know the content and approves the content posted on such links. We disclaim any liability in relation to your use of such links. Applicable law
This Agreement is governed by the applicable laws of Hong Kong. All and any disputes under this Agreement shall be settled exclusively in the courts of Hong Kong. Privacy
The Company and the User hereby agree that any emails, notifications, requests, and documents transmitted to each other through the Service will be considered properly sent and received. Contact us
If you have any suggestions, feedback, questions or complaints, you can send a corresponding message to our support team via the Service. Please include your name and any other information that will help us identify you in our Service. Company information
Smart Glocal Services Limited
Registration number: 2952290
Address: Unit A, 11/F, Arthur Commercial Building, 33 Arthur Street, Yau Ma Tei, Kowloon, Hong Kong