MOBILE APPLICATION END-USER LICENSE AGREEMENT (EULA)

Please read this agreement carefully before using the application

IMPORTANT NOTICE

PLEASE READ THIS MOBILE APPLICATION END-USER LICENSE AGREEMENT CAREFULLY, BEFORE COMPLETING THE DOWNLOAD OR INSTALLATION PROCESS OR USING THE APPLICATION, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

Last Revised: 2024-05-30 19:57:43

1. OVERVIEW

This EULA agreement is a binding agreement, entered into by and between lā āstrock SIA, registered address 18A Sarlotes iela, LV-1001 Riga, Latvia, and you, and is made effective as of the date you download, install or use the Application NaturTrak or from the date of your electronic acceptance.

This EULA agreement sets forth the general terms and conditions of your use of the Application, provides a license to use lā āstrock SIA Application and contains liability disclaimers. This EULA agreement's terms also apply to any Application update, upgrade, internet-based service, and support service for the Application.

The terms "we", "us" or "our" shall refer to lā āstrock SIA. The terms "you", "your", or "User" shall refer to any individual or entity who accepts this EULA agreement, uses our Application, or has access to our Application.

BY DOWNLOADING/INSTALLING/USING THE APPLICATION YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS EULA AGREEMENT AS LAST REVISED, DO NOT DOWNLOAD, INSTALL, USE (OR CONTINUE TO USE) OUR APPLICATION.

2. ELIGIBILITY

Our Application is available only to Users who can form legally binding contracts under the applicable law. By downloading or using this Application, you represent and warrant that you are:

  • (i) at least eighteen (18) years of age,
  • (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and
  • (iii) are not a person barred from purchasing or using the Application under the laws of Latvia or other applicable jurisdiction.

If you are entering into this EULA agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this EULA agreement.

3. LICENSE GRANT

Subject to the terms of this EULA Agreement lā āstrock SIA hereby grants you a personal, revocable, worldwide, non-exclusive, non-sublicensable, and non-transferable license to use the lā āstrock SIA Application on your own, non-commercial use devices in accordance with the terms of this EULA agreement.

Note: The Application is being licensed to you and you hereby acknowledge that no title or ownership of the Application is being transferred or assigned to you and this EULA agreement is not to be construed as a sale of any rights of the Application.

You are permitted to load the lā āstrock SIA Application (for example on a mobile, tablet or laptop) under your control. You are responsible for ensuring your device meets the minimum requirements of the lā āstrock SIA Application.

4. RESTRICTIONS

Without first obtaining the express written consent of lā āstrock SIA, you may not assign your rights and obligations under this EULA agreement, or redistribute, encumber, sell, rent, lease, sublicense or in other way transfer your rights to the Application.

You are not permitted to:

  • edit, modify, alter, adapt, or otherwise change the whole or any part of the lā āstrock SIA Application nor permit the whole or any part of the Application to be combined with or become incorporated in any other Application or any software, nor decompile, disassemble or reverse engineer the Application or attempt to do any of the listed actions,
  • copy, reproduce, duplicate, resell or distribute in any medium any part of the Application, except where expressly authorized by lā āstrock SIA,
  • remove or alter lā āstrock SIA trademarks or logos or legal notices included in the Application or related assets,
  • remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application,
  • use the service to try to gain unauthorized access to any service, data, account or network by any means,
  • use the Application in any way which breaches any applicable local, national or international law,
  • use the Application for any purpose that lā āstrock SIA considers is a breach of this EULA agreement.

5. INTELLECTUAL PROPERTY

No part of this EULA agreement is or should be interpreted as a transfer of intellectual property rights. lā āstrock SIA shall retain ownership of the Application as originally downloaded by you and all subsequent downloads of the Application by you.

The Application (and the copyright, and other intellectual property rights of whatever nature in the Application, including any modifications made thereto) are and shall remain the property of lā āstrock SIA.

lā āstrock SIA content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of lā āstrock SIA.

6. UPDATES

lā āstrock SIA may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates").

Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:

  • the Application will automatically download and install all available Updates; or
  • you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so.

7. THIRD-PARTY MATERIALS

The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services ("Third-Party Materials").

You acknowledge and agree that lā āstrock SIA is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof.

8. USER SUBMISSIONS

With respect to User Submissions, you acknowledge and agree that:

  • your User Submissions are entirely voluntary,
  • your User Submissions do not establish a confidential relationship or obligate lā āstrock SIA to treat your User Submissions as confidential or secret,
  • lā āstrock SIA has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.

9. DOWNLOADING FROM THE APPLE APP STORE

The following applies to the Application accessed through or downloaded from the Apple App Store:

  • You acknowledge and agree that this EULA agreement is concluded between you and lā āstrock SIA only, and not Apple.
  • You will use the App Store Sourced Application only on an Apple-branded product that runs iOS.
  • Apple and its subsidiaries are third-party beneficiaries of this EULA agreement.

10. DISCLAIMER OF WARRANTIES

UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY lā āstrock SIA, APPLICATION IS PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" AND DEFECTS AND lā āstrock SIA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, OR IN LAW.

NO ORAL OR WRITTEN ADVICE PROVIDED BY lā āstrock SIA OR ANY AUTHORIZED REPRESENTATIVE OR THIRD PARTY SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF, OR LIMITATIONS ON, IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL lā āstrock SIA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER.

IN NO EVENT SHALL lā āstrock SIA'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION. YOU AGREE THAT THE PROVISIONS IN THIS EULA AGREEMENT THAT LIMIT LIABILITY ARE ESSENTIAL TERMS OF THIS EULA AGREEMENT.

12. INDEMNITY

You agree to protect, defend, indemnify and hold harmless lā āstrock SIA and its officers, directors, employees, agents from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature imposed upon or incurred by lā āstrock SIA directly or indirectly arising from your use of the Application.

13. AVAILABILITY OF APPLICATION

Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Application on 24/7 basis.

You acknowledge and agree that from time to time this Application may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control.

14. TERMINATION

This EULA agreement is effective from the date you first download, install or use the Application and shall continue until terminated. You may terminate this Agreement by deleting the Application and all copies thereof from your Mobile Device.

This EULA agreement will also be terminated immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Application.

15. COMPLIANCE WITH LOCAL LAWS

lā āstrock SIA makes no representation or warranty that all the content available on this Application is appropriate in every country or jurisdiction and use of this Application from countries or jurisdictions where its content is illegal is prohibited. Users who choose to use this Software are responsible for compliance with all local laws, rules, and regulations.

16. GOVERNING LAW

This EULA agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Latvia, to the exclusion of conflict of law rules.

17. LIMITATION OF TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

18. SEVERABILITY

Each covenant and agreement in this EULA agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this EULA agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

19. CONTACT INFORMATION

If you have any questions about this EULA agreement, please contact us by email or regular mail at the following address:

lā āstrock SIA

18A Sarlotes iela, LV-1001 Riga, Latvia

Last Revised: 2024-05-30 19:57:43