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End-User License Agreement (EULA) for BariBuddy
Article 1. Baribuddy
1.1. This End-User License Agreement (“EULA”) governs your use of BariBuddy (the “App”), a mobile application developed by FitForMe Nordics AB (“FitForMe”), a Swedish entity with company registration number 556939-2151.
1.2. Before using the App, you agree to be bound by the terms and conditions stipulated in this EULA. Please read this EULA carefully before using the App. If you do not agree to the terms and conditions of this EULA, do not use the App.
1.3. The App may be distributed through third-party app stores. This EULA applies only between FitForMe and you, and not to any app store provider. You acknowledge that the app store provider has no obligations towards you in respect of any support or maintenance of the App.
1.4. To use certain features or functionality of the App, you may be required to create an account. You agree to provide accurate, complete, and up-to-date information when creating your account, and to maintain the confidentiality of your login credentials.
Article 2. Privacy
Article 3. License Grant
3.1. FitForMe grants you a limited, non-exclusive, non-transferable, revocable license to use the App on any mobile device that you own or control. The App may be used only on the device onto which the App was downloaded and installed. This license is granted to you for personal, non-commercial use only and does not allow you to use the App for any commercial purposes or on behalf of any third party. The license is granted to you at no charge and FitForMe reserves the right to terminate your license at any time, with or without cause, at its sole discretion.
Article 4. Restrictions
4.1. You may not (a) decompile or reverse engineer the source code of the App, except to the extent permitted by mandatory law or applicable open source license; (b) supply copies of the App to third parties; (c) sublicense the App or to make the App available to third parties; (d) modify the App, except to the extent permitted by mandatory law; (e) remove or make unreadable any copyright notices included in the App; (f) use the App for any unlawful purpose or in any way that could harm FitForMe or any third party.
4.2. You are permitted to create a backup copy of the App for your personal use only. However, you may not use the backup copy as a substitute for the original App or distribute it separately from the original App. The backup copy must always be used in conjunction with the original App and is subject to the same restrictions and limitations as the original App under this EULA.
4.3. The App may be made available for download on various app stores, such as Apple App Store for iOS or Google Play for Android, and you agree to comply with the additional terms and conditions imposed by those app stores. FitForMe is not responsible for any such additional terms and conditions, and your use of the App may in addition to this EULA, be subject to such terms and conditions.
Article 5. Intellectual Property
5.1. The App and all materials, information, and content contained within the App, including but not limited to text, images and audio or video files (collectively: “Materials”), are the exclusive property of FitForMe or its licensors, and are protected by copyright, trademark, and other intellectual property laws. You acknowledge that this EULA does not grant you any ownership or interest in the App or the Materials, but only a license to use the App and the Materials in accordance with the terms of this EULA.
5.2. FitForMe reserves all rights, title, and interest in and to the App and the Materials, including all intellectual property rights. All trademarks, service marks, and trade names used in connection with the App are the trademarks or registered trademarks of FitForMe or its licensors, and you are not granted any right or license to use them.
5.3. You acknowledge and agree that FitForMe may use any feedback, suggestions, or ideas that you provide in connection with the App (through app stores or otherwise), without any obligation to compensate you or acknowledge your contribution.
5.4. The App may contain open-source software that is subject to open-source licenses. Your use of the open-source software is subject to the terms and conditions of the applicable open-source license(s), and nothing in this EULA limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable open-source license. If the App contains open-source software and when required, the applicable open-source licences are mentioned in the App, or the documentation provided along with the App. To the extent that any such open-source software is distributed under the terms of a license that requires FitForMe to make the corresponding source code available, FitForMe will make the corresponding source code available to you upon your request.
Article 6. Updates and compatibility
6.1. FitForMe may, from time to time, provide updates or upgrades to the App that may for example include bug fixes, new features, or other enhancements (collectively: “Updates”). However, you acknowledge and agree that FitForMe has no obligation to provide any Updates, and that FitForMe may modify, suspend, or discontinue any aspect of the App at any time, without notice or liability to you.
6.2. The App may, depending on your device and app store settings, automatically download and install Updates, or you may be prompted to manually download and install the Updates. FitForMe may require you to install Updates before continuing to use the App. If you do not install Updates when prompted or required to do so, certain features or functionality of the App may no longer be available to you.
6.3. You acknowledge and agree that Updates may be made available subject to additional terms and conditions, which will then be presented to you prior to installation of the Update. You will have the option to accept or reject such additional terms and conditions. If you do not install Updates when prompted or required to do so, certain features or functionality of the App may no longer be available to you.
6.4. You acknowledge that as mobile operating systems and devices are updated, the App may no longer be compatible with certain versions or features of those systems and devices. FitForMe will make reasonable efforts to ensure that the App remains compatible with the latest and most widely used mobile operating systems and devices but makes no guarantees or representations regarding such compatibility.
Article 7. Warranties and Limitation on Liability
7.1. The App is provided by FitForMe to you on an as-is basis, without any warranty or representation regarding its accuracy, conformity, or absence of bugs. FitForMe shall not be liable for any damages arising out of or in connection with your use or inability to use the App, to the extent permitted by applicable law.
7.2. Any warranties provided by FitForMe under this EULA are only provided by FitForMe and not by the third-party app store the App may be distributed from.
7.3. Nothing in this EULA shall limit or exclude liability of FitForMe that cannot be limited or excluded by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability, so the above limitations may not apply to you.
Article 8. Duration and Termination
8.1. This EULA will remain in effect until terminated by either you or FitForMe. You may terminate this EULA at any time by deleting the App from your device and ceasing all use of the (copies of the) App.
8.2. FitForMe may terminate this EULA at any time if you fail to comply with any of the terms and conditions set forth in this EULA. Upon termination, you must immediately cease all use of the (copies of the) App and destroy all copies of the App in your possession.
Article 9. Governing Law and Jurisdiction
9.1. This EULA shall be governed by the laws of Sweden. If you are a consumer and your country of residence has mandatory consumer protection laws that apply to this EULA, those laws will apply to the extent necessary and are not excluded by means of this EULA. Unless mandatory law prescribed otherwise, all disputes arising in connection with this EULA shall be brought before the competent court in the country where FitForMe has its registered office.
Article 10. Contact
10.1. You may contact FitForMe through the contact details mentioned within the App.