END-USER LICENSE AGREEMENT (EULA)
This is an agreement signed between you, hereinafter referred to as “End-User”, and ZOEMACH TECNOLOGIA LTDA, a company registered with the CNPJ (Brazilian “Taxpayer Identification Number” - TIN) under nº 30.429.715/0001-25 with registered office in the municipality of Aracaju, capital of the state of Sergipe, Brazil, Avenida Jorge Amado, nº 1565, room 4 and 6 ground floor, Jardins district, CEP 49025-3330. This “End-User License Agreement” governs the use of the “Zoetropic” application made available by ZOEMACH in mobile device application stores (App Store, Play Store and others - referred to here as “Official Stores” - for more information, access the website https://www.zoetropic.com.br). If you do not agree with these terms do not use this application. You agree that you have analyzed and accepted the conditions of use. Please read them carefully as using this application means that you have accepted all terms and agree to abide by them. If you, the user, are a minor or declared incapable in any way, you will need the permission of your parents or guardians who must also agree to these same terms and conditions.
a) Acknowledgement: Applications made available in Official Stores are licensed, not sold, to you. Your license for each application is subject to your prior acceptance of this EULA. Your license under this EULA is granted by Zoemach Tecnologia (referred to here as the “Licensor”). The application to which you are receiving the license is referred to here as the “Licensed Application”. Licensor as applicable reserves all rights in and to the Licensed Application not expressly granted to you under this EULA. You acknowledge and agree that the Official Store that received the license and its subsidiaries are third party beneficiaries of this EULA and, upon acceptance of these terms and conditions, the Official Store will have the right (and will be deemed to have accepted the right) to enforce this EULA.
b) Scope of License: Licensor grants to the End-User a non-transferable license to use the Licensed Application on any Apple-branded products or with the Android operating system (provided it is made available through one of the Official Stores), which you own or control and as permitted by the Rules of Use of the respective Official Store. The terms of this EULA will govern any content, materials or services accessible or purchased from the Licensed Application, as well as updates provided by Licensor that replace or complement the original Licensed Application. Except as set out in the Usage Rules of the respective Official Store, you may not distribute or make the Licensed Application available on a network where it can be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your Device to a third party, you must remove the Licensed Application from the Device before doing so. You may not copy, reverse engineer, disassemble, attempt to derive source code, modify or create derivative works from the Licensed Application, any updates or any part of them (except as and only to the extent that any prior restriction is prohibited by applicable law or to the extent permitted by the licensing terms governing the use of any open source components included in the Licensed Application).
You agree to a) not sell, transfer or license to third parties (including through a third party platform) any output (media) created with Zoetropic, if you wish to use the software beyond strictly personal use or for use beyond the period for free trial, you must subscribe to the "Zoetropic Club" available inside the Licensed Application; b) not allow others to use the Licensed Application using your account information; c) Do not upload, send, publish or import into the Licensed Application any photo or video that describes or encourages hate speech, self-harm, harm to minors, pornography, sexually explicit material, sexual acts, genitals, violence, mutilation, abuse, political advertisements or endorsements, or the like.
c) Consent to Use of Data: You agree that Licensor may collect and use technical data and related information - including, but not limited to, technical information about your device, system and application software and peripherals - which is collected periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
You represent and warrant that you are the owner of the content (text, image, audio and video) that you upload, publish or import into the application or otherwise have the right to use the content. You agree to pay for all royalties, fees and any other amounts due to any person related to the content you use in connection with the website and/or the application. Access our privacy policies for more information through the website https://www.zoetropic.com.br/privacy
d) Termination: This EULA is valid until terminated by you or Licensor. Your rights under this EULA will automatically terminate if you fail to comply with any of its terms.
e) NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL OF THESE TERMS LICENSING AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY PROTECTION, SATISFACTORY PROTECTION, THIRD PARTIES AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. IF THE APPLICATION OR THE LICENSED SERVICES PROVE DEFECTIVE, YOU ASSUME ALL THE COSTS OF ALL NECESSARY SERVICES, REPAIRS OR CORRECTIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON A CONSUMER'S APPLICABLE STATUTORY RIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
Licensor may, from time to time, modify or discontinue (temporarily or permanently) the distribution or update of this application.
f) Limitation of liability: TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY CASE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, ANY OTHER CAUSE, INDEPENDENT OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL DAMAGES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
g) Product Claims: It is Licensor's responsibility to deal with any End-User or third party claims regarding the Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application is not in compliance with any applicable legal or regulatory requirement; and (iii) claims arising from consumer protection, privacy or similar legislation. If necessary, the End-User should contact the e-mail [email protected] .
h) You may not use, export or re-export the Licensed Application, except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) to any US embargoed country or (b) to anyone on the U.S. Treasury Department's Specially Designated Citizens List or the Denied Persons Department US Commerce List or list of entities. By using the Licensed Application, you represent and warrant that you are not located in any of these countries or on any list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear weapons, missiles or chemical or biological weapons.
i). Except as expressly set out in the preceding paragraphs, this Agreement and the relationship between you and the Official Stores will be governed by the respective standard End-User License Agreements for each Official Store, excluding their conflicts of legal provisions.
j) Changes to the agreement: We may update this EULA from time to time. Therefore, we recommend that you review this page periodically to check for any changes. These changes take effect immediately after being posted on this page.
k) Contact: If you have any questions, complaints, support or suggestions do not hesitate to contact us at [email protected]
Specifically excluded from application to this Agreement is the law known as the United Nations Convention on the International Sale of Goods.