1.1. This End User License Agreement (“EULA”) applies to all use of the Stinto-application for mobile phones and tablets (hereinafter, the “Stinto Application”) provided by Stinto ApS, Strandvænget 41, 2960 Rungsted Kyst as incorporated in Denmark with company registration number: 38 29 25 60 (hereinafter “we”, “us”, “our”).
1.2. If you do not accept the terms of this EULA, do not use the Stinto Application. By downloading, accessing or using the Stinto Application, you accept the terms of this EULA.
1.3. This EULA is concluded between you and us. Apple or Google (as applicable, depending on the source of your download) is not a party to this EULA and does not assume any liability in respect of the licensed Stinto Application or the content hereof, including any third party claims regarding infringement of Intellectual Property Rights as defined in Clause 2.1. Thus, we are solely responsible for the Stinto Application and the content hereof as specified in this EULA.
1.4. If you have downloaded our Stinto Application from Apple App Store, Apple and Apple’s subsidiaries are third party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will therefore have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary hereof.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. For the purpose of this EULA, “Intellectual Property Rights” shall mean all protectable intellectual property, such as copyrights, patents, utility models, trademarks, industrial design rights and applications for any of the foregoing, as well as any corporate names, trade names, trade dress, service marks, software code, trade secrets, mask works, rights of priority, know how, design flows, methodologies and any and all other intangible protectable proprietary information.
2.2. All rights, including Intellectual Property Rights, in and to the Stinto Application are owned by us or our licensors. Except as expressly set out in Clause 3 (License) below, nothing in this EULA shall be construed as giving you any rights in respect of the Stinto Application and you acknowledge and agree that you do not acquire any ownership rights by downloading, accessing or using the Stinto Application.
3.1. When you download our Stinto Application you are granted a non-exclusive, non-transferable, worldwide and perpetual licence (subject to Clauses 4.2 and 5) to perform, display and use the Stinto Application on the device on which it is downloaded for the purpose of utilising the functionality inherent in the Stinto Application. If the Stinto Application has been downloaded from the Apple App Store the licence is subject to the Usage Rules set forth in Apple’s App Store Terms of Service.
3.2. For the avoidance of doubt, the license granted pursuant to Clause 3.1 does not grant you rights to:
a. decompile, decipher, disassemble, reverse engineer or otherwise attempt to access software code, whether source code or machine code, of the Stinto Application, except as expressly permitted by applicable law notwithstanding this limitation;
b. circumvent any technical limitations in the Stinto Application that limit or restrict access to or use of the Stinto Application, except as expressly permitted by applicable law notwithstanding this limitation;
c. distribute, publish, rent, lease, lend or otherwise provide the Stinto Application to any third party except as expressly permitted by applicable law notwithstanding this limitation;
d. modify or create derivative works of the Stinto Application, in whole or in part;
e. remove any proprietary notices or labels on the Stinto Application, or any copy thereof; or
f. make any use of Stinto Application in any manner not expressly permitted by this EULA.
3.3. The creation of a business user account is conditional on a separate agreement to be entered into with us. Please visit stinto.com or contact us using the contact details in section 10 if you would like to learn more about creating a business account.
4. DEFECTS AND AVAILABILITY OF SERVICE
4.1. We strive to ensure that the Stinto Application and its functionality is accessible at all times. However, you acknowledge that at times the Stinto Application may be unavailable, or its functionality limited, due to server or software maintenance and updates.
4.2. We also reserve the right to temporarily disable access to the Stinto Application and/or terminate this EULA with immediate effect and without prior notice if deemed necessary (in our sole discretion) to prevent any use of the Stinto Application contrary to this EULA or to safeguard your interests, including, but not limited to, if we suspect that your user account has been compromised.
4.3. We do not assume any liability for errors or defects in the Stinto Application. Although, we strive to provide a virus free product, we also cannot and do not guarantee that the Stinto Application will be free from viruses and/or other malicious code. It is your responsibility to implement appropriate IT security safeguards, including anti-virus software.
4.4. You expressly acknowledge and agree that use of the Stinto Application is at your sole risk. To the maximum extent permitted by applicable law, the Stinto Application is provided “as is” and “as available” without warranty of any kind.
4.5. Neither Apple nor Google (depending on the source of your download) has any obligations whatsoever to furnish any maintenance and support services with respect to the Stinto Application.
5.1. We may terminate the license granted to you under this EULA i) with immediate effect in case of your material breach of the terms of this EULA or any other agreement entered into with us in relation to the Stinto Application, or ii) for convenience with a written notice (email shall suffice) of 30 calendar days if you have a private user account.
6.1. Except as i) expressly set forth in this EULA, or ii) mandated by applicable law, we do not provide any express or implied warranties. In particular, we do not provide any expressed or implied warranties with respect to the Stinto Application’s merchantability, functionality or performance of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, or of non-infringement of third-party rights.
6.2. We warrant that, to the best of our knowledge, the Stinto Application does not infringe any third party rights, including Intellectual Property Rights.
6.3. If you have downloaded our Stinto Application from Apple App Store, you may, in the event of any failure of the Stinto Application to conform to any applicable warranty, notify Apple, and Apple will refund the purchase price for the Stinto Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Stinto Application.
6.4. You warrant i) that any data, including, but not limited to, text, video, image or sound files, transferred to or from the Stinto Application via your user account does not infringe any third party rights, including Intellectual Property Rights, or violate applicable law, and ii) that the Stinto Application is not otherwise used in connection with any illegal, fraudulent or defamatory activity.
7.1. We have the right to transfer our rights and obligations under this EULA, in whole or in part, to a third party at any time without your approval.
7.2. If necessary in order to ensure compliance with applicable law or the enforceability of this EULA in whole or in part, we are entitled to amend the EULA with immediate effect by notifying you in writing (email shall suffice).
7.3. If individual provisions of this EULA should be or become ineffective in full or in part, the remaining provisions of this EULA shall remain in full force and effect. Any failure to enforce our rights under this EULA shall not constitute a waiver of the rights.
8. LEGAL COMPLIANCE
8.1. You represent and warrant that you are not located in a 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, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
8.2. You must comply with applicable third party terms of agreement when using the Stinto Application.
9. LAW AND VENUE
9.1. This EULA and the relationship between you and us shall be governed by the laws of Denmark, excluding any conflicts of law provisions. However, if you are a consumer as defined in Article 2(1) of the Consumer Rights Directive (Directive 2011/83/EU), and a citizen of any European Union member state or Switzerland, Norway or Iceland, you shall, notwithstanding the foregoing, still have the right to benefit from any mandatory provisions of the law of the country in which you are a resident.
9.2. If you are a consumer as defined in Article 2(1) of the Consumer Rights Directive (Directive 2011/83/EU) and a citizen of any European Union member state or Switzerland, Norway or Iceland, any dispute between you and us arising directly or indirectly out of this EULA shall be subject to the jurisdiction of the courts in the country in which you are a resident.
9.3. If you are not a consumer as defined in Article 2(1) of the Consumer Rights Directive (Directive 2011/83/EU) or is a consumer, but not a citizen of any European Union member state or Switzerland, Norway or Iceland, the exclusive place of jurisdiction shall be Copenhagen, Denmark, in respect of any dispute between you and us arising directly or indirectly out of this EULA.
10.1. You are always welcome to contact us by using the contact form available on our webpage at www.stinto.com or by using the contact details specified below if you have any queries in respect of this EULA or otherwise:
2960 Rungsted Kyst