Last Updated: July 22, 2019
PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE USING THE SOFTWARE. THIS IS NOT A PURCHASE AGREEMENT BUT A LICENSE AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE ACQUAINTED YOURSELF WITH THE PAYMENT CONDITIONS.
1.1 This End User License Agreement ("EULA") shall govern the relationship between:
I. You as an individual end user; and
II. (a) Casperise s.r.o., with its registered seat at Sásovská cesta 16/A, Banská Bystrica, Slovak Republic, registered in the Commercial Register of the District Court Banská Bystrica, section: Sro, File No. 23554/S, Identification No. 46973516 (hereinafter referred to as "Casperise"), in relation to your use of any of the following applications and their particular features provided by Casperise:
1.2 This EULA sets out the conditions under which you are entitled to use the Software.
1.3 You may obtain the licence to use the Software through Google Play Store, Apple App Store, Casperise E-shop. You will be able to choose the required Software and its price will always be notified to you in advance. In some cases, you may also need an activation key to use the Software which will be provided to you by Casperise.
1.4 Some of the terms and conditions in this EULA may not be applicable in particular cases, depending on the type of Software.
2.1 You accept the terms of this EULA and express your consent to be bound by this EULA by clicking on the "Accept" or similar button.
2.2 If you do not agree with all of EULA terms, you will not be permitted to download, install and use the Software. In case, you have already installed the Software you must uninstall it from your device and destroy all copies of the Software.
2.3 You are not allowed to use the Software and accept this EULA if (i) you are not of legal age required to validly conclude this EULA, or (ii) you are a person barred from using the Software under the applicable laws.
2.4 This EULA is concluded once (i) you have received a confirmation of your order of the Software, or once (ii) you have received an activation key to the Software.
3.1 In order to be able to use the Software, you must download and install the chosen Software in your device. Downloaded Software must be installed on a correctly configured device.
3.2 For some functionalities of the Software to work correctly, you may need to have wireless internet or data connection enabled on your device. The settings of the device on which you install the Software shall be your exclusive responsibility. You shall be solely responsible for the payment of any fees and expenses related thereto.
3.3 You agree and acknowledge that you assume full, exclusive and sole responsibility for the use of the Software. You further acknowledge that it is your responsibility to comply with all applicable laws while using the Software.
4.1 All title and intellectual property rights in and to the Software including any of its parts are owned and remain to be owned by Casperise or its suppliers.
4.2 If you have agreed to the terms of this EULA and you have paid a license fee, Casperise hereby grants you a non-exclusive and non-transferable right to use the Software for your personal use, subject to the conditions specified herein and unless this EULA stipulates otherwise.
4.3 You may create a back-up of the Software for archival purposes, provided that the original and the back-up remain in your possession (unless this EULA stipulates otherwise) and that you use the Software only as authorised under this EULA.
4.4 Nothing in this EULA, however, constitutes your legal claim to request any future upgrades and updates. If upgrades and updates are available, obtaining of such upgrades and updates may be subject to additional payments. Upon your acceptance of conditions for obtaining such upgrades and updates, terms of the use of upgraded and updated Software shall be governed by this EULA. For the avoidance of doubts, the term Software used in this EULA shall include the updated and/or upgraded Software, unless stated otherwise.
5.1 You may only install the Software on one device at any time.
5.2 You hereby undertake that the device on which you install the Software remains in your possession at all times and that Software will be used only by yourself.
5.3 The Software and any of its parts may serve for your personal and non-commercial use only. You may not sublicense, sell, resell, rent, lease, transfer, assign, time share, reproduce, duplicate, copy or otherwise commercially exploit or make the Software available to any third party, unless expressly permitted by this EULA.
5.4 You may not copy, distribute, reverse engineer, create derived versions of the Software or derivative works based on the Software, analyse, decompile, disassemble a source code or seek to obtain a source code of the Software unless expressly permitted by the applicable law.
5.5 You may not use the Software in any unlawful manner or in any manner that interferes with or disrupts the integrity of the Software. You may not modify or adapt the Software, or otherwise attempt to gain unauthorized access to the Software.
5.6 You hereby acknowledge and agree that Casperise hereby grants you the right to use the Software. The prohibition to transfer the Software to a third party does not apply in case you have acquired a Software for a life-time use and paid required license fee. In such case you are entitled to transfer your copy of the Software on condition you disable your own use of the copy, do not create any duplicates and destroy any back-ups you have already created. You hereby acknowledge that Casperise may adopt technical measures to disable your further use of your original copy of the Software or its duplicates.
6.1 Casperise grants you the right to use the Software for (i) free or (ii) a license fee, depending on whether you download trial, free or premium version ("license type"). If the Software is provided for a license fee, you agree to pay the license fee specified in the price list available at sales channels throught which you are obtaining the license to use the Software.
6.2 You may be requested to pay the license fee either by credit/debit card or through Pay Pal.
7.1 Casperise is obliged to deliver the Software once the license fee was paid in full (if applicable), however, it is entitled to do so even prior to full payment of the license fee. In case of a free or a trial version, Casperise shall deliver the Software upon you accept the terms of this EULA.
7.2 The characteristics of the Software depend on the particular Software, its features and the license type which you have acquired. A description of Software's functionality can be found, in respect of each particular Software, in point 1.1 above; such specification forms part of this EULA ("Software Specifications").
8.1 Apart from securing basic features of the Software, Casperise shall also provide additional features, depending on the type of the Software.
8.2 Casperise shall secure and maintain all user login details, regardless of whether trial, free or a premium version of the Software is being used.
8.3 Casperise is entitled to notify you of any maintenance of the Software (e.g. downtimes and outages of the Software).
9.1 Casperise shall be liable for defects (i) in the Software which the Software has at the moment of its installation and (ii) in the upgrade or update which the upgrade or update has at the moment of its installation.
9.2 Given that the trial and free version of the Software are licensed free of charge, Casperise shall not be liable for any defects in the Software installed as a free or trial version.
9.3 Casperose warrants that the Software will perform substantially in accordance with the Software Specifications for the period of 24 months. Casperose does not warrant in particular (without limitation) that the Software or the provided result (i) will meet your requirements and (ii) will be uninterrupted, error-free or available at all times.
9.4 Casperose shall bear no responsibility for any non-performance of the Software which is out of its reasonable control such as insufficient GPS signal.
9.5 You acknowledge that due to constant improvement of its software products, Casperose may decide to cease to provide technical support with respect to particular Software version; it may result in the particular version being no more interoperable with other software in your device. In such case Casperose shall inform you in advance and allow you to upgrade the Software. If you decide not to upgrade the Software to a newer version, Casperose shall bear no responsibility whatsoever for the interoperability, defects and malfunctions of the software (including Software) in your device.
10.1 Casperise shall only be liable for damage in case there is a causal connection between the damage and the Software.
11.1 Casperise shall provide technical support. Any requirements for technical support may be delivered to Casperise via email support@casperise.com.
11.2 A requirement for technical support shall be sufficiently certain, in order to enable the technical support staff to solve reported problem.
11.3 You may be refused to be provided the technical support if you fail to provide necessary cooperation.
11.4 Casperise shall not be obliged to provide any support and shall not be responsible for any defect if reported problem results from (i) any unauthorized interference with the Software, (ii) incorrect settings of the Software, or (iii) any use of the Software which is in conflict with EULA (including Software Specifications) or User Guides.
11.5 You agree that any technical information you provide as a part of any request for technical support or complaint will be used for Software support and development by Casperise internally.
12.1 Casperise shall be obliged to send you a confirmation of the complaint delivery without undue delay.
12.2 Casperise shall inform you how the matter will be handled without undue delay; if the case is more complex, you shall be informed within 3 business days and in well-grounded cases, in particular if a complex technical assessment is necessary, within 10 days after the complaint has been delivered to Casperise.
12.3 The complaint shall be handled within 30 days after delivery to Casperise and at the same time, Casperise shall be obliged to provide you with a confirmation of complaint handling.
12.4 If the Software has a defect or a defective technical support is provided, you have the right to a free, timely and due removal of the defect. The defect shall be removed by Casperise without undue delay. Casperise is however entitled to replace the Software with a faultless one.
12.5 If the Software has a defect which cannot be removed and prevents a proper use of the Software, you have the right (i) to an exchange of the Software or (ii) to terminate this EULA and receive a refund of paid license fee. The termination notice must in this case be delivered to the e-mail address specified under the point 12.1 above.
12.6 You have the same rights as those described in the point 12.6 above if the defects of the Software can be removed but you cannot use the Software properly due to a repeated occurrence of the defect after the repair or due to a larger number of defects.
12.7 If the Software has a defect which cannot be removed but which does not prevent a proper use of the Software, you are entitled to an adequate discount from the Software license fee.
12.8 If you have a domicile or habitual residence in any country of the European Economic Area and you are not satisfied with the way Casperise has handled your claim or if you believe that Casperise has violated your rights, you may contact Casperise and ask for a remedy. If Casperise rejects your request for correction or fails to reply to such a request within 30 days from the date of submission, you have the right to file a petition for starting an alternative resolution of the dispute. The relevant entity for an alternative resolution of a dispute in case of Casperise Software is the Slovak Trade Inspection (www.soi.sk). At the same time, you can use the online dispute resolution platform available at http://ec.europa.eu/consumers/odr to submit a proposal for alternative dispute resolution.
13.1 Information regarding processing of your personal data are available at Casperise Privacy Policy.
14.1 EULA is effective from the moment of its conclusion as specified under the point 2.4 above and is concluded for a period stipulated in Software Specifications.
14.2 You may terminate EULA with immediate effect at any time by uninstalling all copies of the Software.
14.3 You are entitled (i) to withdraw from this EULA without stating any reasons during the period of 14 days from the day of the conclusion of this agreement and (ii) to receive a full refund of the license fee. In order to exercise your right of withdrawal you shall deliver a written withdrawal notice to the following e-mail address: support@casperise.com or via mail to Casperise's registered seat as specified in point 1.1 above. You may use the template withdrawal form that can be found here Legal documents. Use of the template withdrawal is not mandatory. It is sufficient that you send the withdrawal within the 14 days period and it does not have to be delivered to Casperise within this period. Casperise shall send a confirmation of the withdrawal's delivery to your e-mail address. You will receive the refund of the license fee within 14 days since the delivery of your withdrawal to Casperise.
14.4 This EULA may be terminated by Casperise with immediate effect, if you substantially fail to comply with any provision of this EULA. The notice of termination shall be sent to your e-mail address which you have provided. The notice of termination shall become effective as of the moment of its delivery to the e-mail address or as of the moment when Casperise receives a reply that it is not possible to deliver the respective e-mail containing the notice of termination.
14.5 If the Software is installed as trial version, this EULA is effective for the trial period. Trial version of the Software may include functionality intended to disable its operation after the expiration of the trial period.
14.6 If this EULA terminates pursuant to point 14.4 above, Casperise shall not be obliged to refund you the license fee.
14.7 If you substantially fail to comply with any provision of this EULA, Casperise is entitled to immediately terminate your use of any and all Casperise applications including your use of the Software.
14.8 Upon termination of this EULA, you must cease all use of the Software and uninstall all copies of the Software. The provisions of EULA, which by their nature are intended to survive the termination, will remain in effect after termination of EULA (e.g. provisions related to confidentiality, limitations of licence, liability for defects and damage, governing law and jurisdiction).
15.1 This EULA shall be governed and construed in accordance with the Slovak law. The United Nations Convention for Contracts for the International Sale of Goods is explicitly excluded.
15.2 Statutory regulations on mandatory application of national or international consumer protection law remain unaffected.
16.1 If any provision of this EULA is held to be invalid, illegal, or unenforceable in any respect, that provision to the extent permitted by law shall be severed from EULA and shall not affect the remaining provisions hereof, and the parties agree to substitute for such provision a valid provision which most closely approximates the intent and economic effect of such severed provision.
16.2 You may not transfer the license or assign the rights arising from this EULA to third party without prior written consent of Casperise, save for as stipulated in point 5.6 above.
16.3 EULA constitutes the entire agreement between Casperise and you pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between Casperise and you with respect to such subject matter.
16.4 A failure or delay in enforcing any right or remedy under this EULA shall not constitute a waiver of such right or remedy or of any future exercise of such right or remedy.
16.5 Should Casperise wish to change this EULA it shall do so jointly with following upgrade/update. You will be informed of changes in EULA and will be asked to familiarize yourself with those changes and accept them, if you agree, wish to receive an upgrade/update and continue in using the Software. Should you disagree with changed terms and conditions you will be asked to proceed as described in section 2.2 of this EULA.
16.6 The wording of this EULA can be found on Casperise's website at https://casperise.com/eula-en.html