SUBTY - END USER LICENSE AGREEMENT («EULA»)
Last updated on: May 18, 2023
Subty is licensed to You (End-User) by Subty Inc., a Delaware company, incorporated on 28.03.2023 and located at 228 Park Ave S PMB 85451 New York, NY 1003, with EIN: 92-3507670 ("Licensor"), for use only under the terms of this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform
("App Store") and Google's software distribution platform ("Play Store") or using our Service on the website, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this EULA, and that You accept this EULA.
App Store and Play Store are referred to in this EULA as "Services."
The parties of this EULA acknowledge that the Services provided by Third Parties are not a Party to this EULA and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Subty Inc., not the Services provided by Third Parties, is solely responsible for the Licensed Application and the content thereof.
This EULA may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service ("Usage Rules"). Subty Inc. acknowledges that it had the opportunity to review the Usage Rules and this EULA is not conflicting with them.
Subty when downloaded through the Services, is licensed to You for use only under the terms of this EULA. The Licensor reserves all rights not expressly granted to You. Subty is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").1. The Application
Subty ("Licensed Application") is a piece of software created to Subty and is a marketplace of subscriptions that allows consumers to browse, purchase and manage products or services relating to subscription services of third parties — and is customized for iOS and Android mobile devices ("Devices"). It contains following functionality (but not limited to):
- Add any of your subscriptions
- Automatically search subscriptions you already use
- Choose and select new subscription
- Create & customize your subscriptions
- Manage your expenses and payment calendar
- Receive renewal notifications
- Manage plans and periods of use
- Get best unique promo and combo offers
- Share your subscription with your loved ones.
The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).2. Scope of services
2.1. You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that You (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with You (End- User, The Purchaser) via Family Sharing or volume purchasing.
2.2. This license will also govern any updates of the Licensed Application provided by Licensor that replaces, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3. You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Subty Inc.'s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.
2.4. You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Subty Inc.'s prior written consent).
2.5. You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property
notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.
2.6. Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7. Licensor reserves the right to modify the terms and conditions of licensing.
2.8. Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, you must ensure that you comply with applicable third-party terms and conditions.3. Technical requirements
3.1. Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the 3rd
party software, firmware or new hardware. You are not granted rights to claim such an update.
3.2. You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications & requirements.
3.3. Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.4. Maintenance and support
4.1. The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.
4.2. Subty Inc. and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
4.3. You acknowledge that Licensor will be able to access and adjust Your downloaded Licensed.
4.5. You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.5. User-generated contributions
The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this EULA.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this EULA.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this EULA, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this EULA and may result in, among other things, termination or suspension of your rights to use the Licensed Application.6. Contribution licenses
By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-
free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.7. Warranty and Liability Limitations
LICENCED APPLICATION, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH SUBTY, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO LICENSED APPLICATION, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH.
SUBTY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF LICENSED APPLICATION OR SUBTY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE SUBTY MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF LICENSED APPLICATION, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU.
Without limiting the foregoing, we and our licensors assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by Licensed Application, service or on Subty website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of Licensed Application and/or website or user interfaces, (iv) delivery and or display of any content contained in Licensed Application or on Subty website, user interfaces, or otherwise through the our service; and (vii) any losses or damages arising from the use of the content provided on in Licensed Application or on Subty website, user interfaces, or otherwise through the Subty service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software.
TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
IN NO EVENT SHALL SUBTY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE LICENSED APPLICATION, OUR WEBSITE AND USER INTERFACES, AND ALL
Additional disclaimers or limitations of liability may be contained in the various third party software end user license agreements you may have agreed to in order to access our service. 8. Product claims
Subty Inc. and the End-User acknowledge that Subty Inc., and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation9. Third-party Terms of Agreement and Beneficiary
Subty Inc. represents and warrants that Subty Inc. will comply with applicable third- party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon Your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.10. Account Access; Identity Protection
In order to provide you with ease of access to your account and to help administer the Licensed Application, Subty implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit Licensed Application or website. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your Licensed Application or website. If you disclose
your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit.
By using Licensed Application or Subty services, you consent to receiving electronic communications from us. 13. Intellectual Property Rights
Subty Inc. and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Subty Inc., and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.
Subty is a trademark. The Subty logo, subty.app are trademarks or service marks of Subty. The Subty website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of Subty.
The trademarks, service marks and trade dress of Subty may not be used or reproduced without prior written approval from Suubty and may not be used in connection with any product or service that is not affiliated with Subty, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Subty, or in any manner that disparages or discredits Subty. Other trademarks that appear on the Subty website and/or in Licensed Application and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Subty. Any images of persons or personalities contained on the Subty website and/or in Licensed Application and user interfaces are not an indication or endorsement of Subty or any particular product or our service unless otherwise indicated.14. Limitations of Use
You must be 18 years of age or older to become a member of Subty. In certain jurisdictions,
While individuals under the age of 18 may utilize Subty website or Licensed Application, they may do so only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to this EULA. 15. Applicable Law
This EULA is governed by the laws of the United Kingdom excluding its conflicts of law rules.16. Legal compliance
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties.17. Contact information
For general inquiries, complaints, questions or claims concerning the Licensed
Application, please contact Subty at email@example.com. Termination
The license is valid until terminated by Subty Inc. or by You. Your rights under this license will terminate automatically and without notice from Subty Inc. if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.19. Miscellaneous
19.1. If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
19.2. Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.