END-USER License Agreement (“EULA”) ENGLISH
INTRODUCTION
To protect Nomadbase, the Nomadbase application, and the members of our community, we have put together the following end-user agreement to set out some rules for downloading and using our application. These terms and conditions are a legal agreement between you, the end-user, and us (Nomadbase). Because we know these legal contracts can be long and complicated, we tried to keep ours simple.
By downloading our application (this version and any future update) from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), you agree to, accept, and are bound by all the terms and conditions of this end-user agreement.
Both parties also acknowledge that Apple’s (“App Store”) and Google’s (“Play Store”) are in no way a party to this end-user agreement or liable or responsible for any support or maintenance to the application whatsoever. Nomadbase is the only one responsible for the application and its content.
The agreement cannot include terms and conditions that conflict with the most recent Apple Media Services Terms and Conditions and Google Play Terms of Service. Nomadbase acknowledges having read the terms mentioned above and confirms that this agreement does not conflict with them.
When the Nomadbase application is downloaded through Apple’s (“App Store”) or Google’s (“Play Store”), it is licensed to the end-user for use strictly under the terms of this agreement. Nomadbase reserves all rights not explicitly granted to the end-user. The Nomadbase application is intended for use on devices operating with Apple’s operating systems (“iOS” and “Mac OS”) or Google’s operating system (“Android”).
THE APPLICATION
The Nomadbase application is a mobile software solution aimed at enhancing financial literacy by bringing together financial education, news, and information for both small and large investors. This application is customized for iOS and Android mobile devices. Users can access and read information, receive education, stay updated with news, and participate actively in our online community. The Nomadbase Application is licensed, not sold, to the end-user by Nomadbase for use strictly in accordance with the terms of this agreement.
THE SCOPE OF THE LICENSE
The end-user is given a revocable, non-exclusive, non-transferable, non-sub-licensable, limited license to download, install, and use the Nomadbase Application strictly in accordance with the terms of this agreement.
The license that is granted to the end-user by Nomadbase is solely for personal, non-commercial purposes.
The end-user is not allowed to copy, reproduce, reverse-engineer, or alter the Nomadbase application in any way.
This license includes any future updates of the Nomadbase application that repair or replace the first licensed version of the Nomadbase application (the first version being: v1.0).
This agreement does not override or limit any third-party terms. It is the responsibility of the end-user to comply with all applicable third-party terms and conditions while using the Nomadbase application.
Breaches of these obligations, or any attempts to do so, may lead to prosecution and claims for damages.
Nomadbase reserves the right to alter the licensing terms and conditions at any time.
SUPPORT
Nomadbase is the only one responsible for the maintenance and support of the Nomadbase application. You can reach Nomadbase by using the contact details on the last page of this agreement or in Apple’s (“App Store”) and Google’s (“Play Store”) overview of the Nomadbase application.
USER-GENERATED CONTRIBUTIONS
The Nomadbase application may allow the end-user to chat, contribute to blogs, online forums, and other interactive features. The end-user may create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including text, writings, videos, audio, photographs, graphics, comments, suggestions, personal information, or other materials.
These contributions may be visible to other users and accessible through third-party websites or applications. Therefore, any contributions the end-user transmits may be considered non-confidential and non-proprietary. By creating or sharing contributions, the end-user represents and warrants that the distribution, public display, downloading, or copying of the end-user’s contributions do not and will not infringe on the proprietary rights, including but not limited to the copyright of any third party.
The end-user is the creator and owner of contributions made by the end-user or has the necessary licenses, rights, consents, and permissions to use them and to authorize Nomadbase and other users of the Nomadbase application to use them as described in this agreement.
The end-user has obtained written consent and or permission from every identifiable person visible or mentioned in the contributions made by the end-user.
The contributions made by the end-user are true, accurate, and not misleading.
The contributions made by the end-user are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
The contributions made by the end-user are not obscene, filthy, violent, or harassing in any way.
The contributions made by the end-user do not ridicule, mock, intimidate, or abuse anyone.
The contributions made by the end-user are not used to harass or threaten anyone and do not promote violence against a specific person or group.
The contributions made by the end-user comply with all applicable laws, regulations, and rules.
The contributions made by the end-user do not violate the privacy or publicity rights of any third party.
The contributions made by the end-user do not violate any laws regarding child pornography or any laws intended to protect the health or well-being of minors.
The contributions made by the end-user do not include offensive comments related to race, national origin, gender, sexual preference, or physical handicap.
The contributions made by the end-user do not violate, or link to material that violates, any part of this agreement or any applicable law or regulation.
Any use of the Nomadbase application in breach of these terms violates this agreement and may lead to the termination or suspension of your rights to use the Nomadbase application, among other consequences.
CONTRIBUTION LICENSE
By posting contributions to the Nomadbase application or linking social networking accounts to the Nomadbase application, the end-user automatically grants Nomadbase an unrestricted, irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, host, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including your image and voice) for any purpose, including commercial advertising. This includes the right to create derivative works from your contributions and to sublicense these rights. This license applies to any media formats and channels, now known or developed in the future, and includes our use of your name, company name, franchise name, trademarks, service marks, trade names, logos, and personal and commercial images you provide.
The end-user waives all moral rights in contributions and warrants that these rights have not been asserted. Nomadbase does not claim ownership of the contributions made by the end-user; the end-user retains full ownership and any intellectual property rights associated with them. We are not responsible for any statements or representations in the contributions made by the end-user to the Nomadbase application. The end-user is solely responsible for contributions made by the end-user and agrees to release Nomadbase from any liability and refrain from any legal action regarding contributions made by the end-user.
Nomadbase reserves the right, at its discretion, to edit, redact, or change any contributions, to reclassify them to appropriate locations in the Nomadbase application, and to prescreen or delete any contributions at any time for any reason, without notice. Nomadbase is under no obligation to monitor contributions made by the end-user.
DISCLAIMER OF WARRANTY
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOMADBASE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NOMADBASE DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOMADBASE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF THE APP, EVEN IF NOMADBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOMADBASE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS EULA OR YOUR USE OF THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, TO NOMADBASE FOR THE APP.
PRODUCT CLAIMS
Nomadbase and the end-user agree that Nomadbase, not Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), is responsible for handling any claims by the end-user or third parties related to the Nomadbase application or the end-user’s possession and use of it. This includes, but is not limited to:
(i) product liability claims;
(ii) any claims that the Nomadbase application does not meet legal or regulatory standards;
(iii) claims related to consumer protection, privacy, or similar laws, including those associated with the Nomadbase application’s use of HealthKit and HomeKit.
LEGAL COMPLIANCE
The end-user confirms and guarantees that the end-user is not residing in a country under a US Government embargo or designated as “terrorist-supporting” by the US Government.
Additionally, the end-user affirms that the end-user is not on any US Government list of prohibited or restricted individuals.
TERMINATION
This license remains in effect until terminated by either Nomadbase or the end-user. The rights of the end-user under this license will automatically terminate without notice if the end-user violates any of its terms. Upon termination, the end-user must cease all use of the Nomadbase application and destroy all copies, whether full or partial, in possession of the end-user.
THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Nomadbase guarantees that it will adhere to all applicable third-party agreements when using the Nomadbase application. According to Section 9 of the “Instructions for Minimum Terms of Developer’s End-User agreement,” both Apple and Google, along with their subsidiaries, are considered third-party beneficiaries of this End User agreement. Upon your acceptance of this agreement, Apple and Google will have the right to enforce its terms against you as third-party beneficiaries.
INTELLECTUAL PROPERTY RIGHTS
Nomadbase and the end-user agree that if any third-party claims the Nomadbase application or its possession and use by the end-user infringes on their intellectual property rights, Nomadbase, not Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), will be solely responsible for investigating, defending, settling, and resolving any such intellectual property infringement claims.
MISCELLANEOUS
If any provision of this agreement is found to be invalid or unenforceable, the remaining terms will remain in full effect. Invalid provisions will be replaced with valid ones that best enforce the original intent.
Any additional agreements, modifications, or amendments must be in writing to be valid. This requirement can only be waived in writing.
APPLICABLE LAW
This agreement is governed by the laws of Cyprus, excluding its conflicts of law rules.
CONTACT INFORMATION
e-mail: hello@nomadbase.com
COMPANY INFORMATION
DN Ventures
Touzhane 49, Unit 1 – Block A
6027 Larnaka
Cyprus
VAT Number: CY10420279O