End User License Agreement
Last modified: 10.11.2024
Last modified: 10.11.2024
This End User License Agreement (EULA) establishes the terms and conditions that govern the utilization of our Services (as defined herein) and the download and installation of our browser extension (hereinafter referred to as the "Product"). This encompasses any modifications, updates, upgrades, new releases, and related documentation in connection with the aforementioned Product, as well as any subsequent versions thereof (collectively, the "User" or "You").
It is of the utmost importance that the End User License Agreement (EULA) be read in its entirety prior to installing or utilizing our product or service, as well as any associated features. This EULA, in conjunction with our Privacy Policy, which is incorporated by reference, constitutes a legally binding agreement between you and us. By clicking the "ACCEPT" or "ADD" button (or similar), installing the product or using the service, you are acknowledging that you have read, understood, and agree to be bound by this EULA. This EULA further enforces a class action waiver and arbitration provision, as detailed in the Dispute Resolution section below. Therefore, if you do not agree to any of the provisions herein, or if applicable law prohibits your acceptance of this EULA, you are prohibited from using our product or services.
We may amend this EULA from time to time, at our sole discretion and without notice. We will make best efforts to provide a notification, in the way we find applicable, regarding what we believe are material changes of this EULA. Such material changes will take effect seven (7) days after such notice was provided. Otherwise, all other changes to this EULA are effective as of the stated "Last Modified" date above and your continued use of the Services thereafter will constitute acceptance of, and agreement to be bound by, those changes.
It should be noted that the terms of this EULA may be subject to amendment at any time, at the discretion of the relevant authority, and without prior notification. We will endeavor to provide notifications in a manner deemed appropriate regarding what we consider to be material changes to this EULA. Such material changes will take effect seven (7) days after the relevant notice is provided. Otherwise, all other changes to this EULA are effective as of the stated "Last Modified" date above, and your continued use of the Services thereafter will constitute acceptance of, and agreement to be bound by, those changes.
The product in question is a browser add-on that blocks all advertising, including video ads, interstitial ads, floating ads, pop-ups, banners, advertisements, and text ads. For the sake of simplicity, these will collectively be referred to as the "Services." It should be noted that we do not own, develop, control, monitor, or review the aforementioned advertising content or websites.
In consideration of your compliance with the terms of this End User License Agreement (EULA), the Company hereby grants you a personal, non-commercial, limited, revocable, non-transferable, non-sub-licensable, and non-exclusive right and license to use, access, download, and install the Product and utilize the Services. In addition to the limited license granted herein, we reserve all rights and interests in and to the Product, including all trademarks, service marks, components, code, protocols, software, and documentation. This reservation extends to any derivatives thereof or improvements and modifications, evidenced by or embodied in or related to the Product or Service. These rights are protected by international copyright, trademarks, patents, and other proprietary rights and laws. It is prohibited to utilize, remove, alter, or bypass any copyright, trademark, or other proprietary rights notice present within the Product. The Company reserves the right to terminate access to the Services for any individual or entity found to be engaging in intellectual property infringement.
The undersigned represents and warrants that: (i) they are either the proprietor or an authorized user of the device in which the Product is installed; (ii) they will install the Product and utilize the Services only in accordance with the instructions provided; (iii) they will employ the Product in full compliance with all applicable laws, rules, and regulations.
In the absence of an express provision in this EULA, you are prohibited from directly or indirectly enabling any other person to engage in any of the following activities: (i) The license provided herein and the Product and its Services may not be copied, shared, distributed, rented, leased, or offered for re-sale. (ii) Security-related features of the Product and Services may not be circumvented, disabled, or otherwise interfered with, and other users' use of the Services may not be interfered with. (iii) The Product and Services may not be copied, modified, or decompiled. It is prohibited to compile, disassemble, create any derivative works, or reverse engineer the Product and Services, or any portion thereof, including any source code therein. Furthermore, it is prohibited to use any automated devices, such as spiders, robots, or data mining techniques, to catalog, download, store, reproduce, or distribute content available in the Product, or to manipulate the Product. Furthermore, the user is prohibited from engaging in any of the aforementioned activities in any manner whatsoever. Additionally, the user is prohibited from utilizing the name, logo, or trademarks of the provider without first obtaining the provider's written consent. Moreover, the user is prohibited from utilizing the services for any fraudulent, illegal, or inappropriate purpose, including, without limitation, infringement or misappropriation of any intellectual property rights or right of privacy of any third party or in breach of this EULA.
The product and services are provided in an "as is" and "as available" state. It is explicitly stated that no warranties are provided regarding the product and services, whether expressed or implied. This includes, but is not limited to, the implied warranties and conditions of merchantability, fitness for a specific purpose, and non-infringement. It should be noted that no guarantee can be made regarding the uninterrupted availability of the product and services, their security, freedom from viruses, worms, other harmful components, or program limitations. It should be noted that any use of or reliance on the product and services, or any information provided therein, is at the user's sole risk. We are not, and will not be held liable for any damages that may occur as a result of the user's use of the product and services, including, without limitation, any loss of data or other damage to the device. We make no warranty that we will correct any errors, defects, or omissions.
In no event shall the company (including, without limitation, its affiliates and respective officers, directors, employees and agents, vendors, distributors, third party licensors, or equipment and service providers) be held liable for any direct, indirect, incidental, special, punitive, consequential, or exemplary damages. This includes, but is not limited to, damages for lost profits, lost business, or lost opportunity, goodwill, or other intangible losses (even in the event that we have been advised of the possibility of such damages) or other forms of redress arising out of, or related to, this EULA or your use or inability to use the product or services. It should be noted that some states or jurisdictions do not allow the exclusion or limitation of liability for damages. In such states or jurisdictions, our liability shall be limited to the extent permitted by law.
The undersigned expressly agrees to indemnify, defend, and hold harmless the Company (including its affiliates, subsidiaries, successors, contractors, employees, directors, agents, suppliers, licensors, service providers, and partners) from any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including, but not limited to, attorneys' fees) arising from the undersigned's use of the Product and Services or the undersigned's violation of this EULA.
This Agreement shall become effective upon the installation or utilisation of the Product or Services. Either party may terminate this agreement at any time. The company may terminate this agreement without further action or notice, with or without cause, at its discretion. The user may terminate their use of the service at any time and for any reason by removing the product and ceasing to use the services. To uninstall the product, please utilize the standard uninstallation processes available through your web browser's settings and remove the extension. It should be noted that any termination, whether initiated by the company or the user, may result in the destruction of data associated with the user's use of the product. The company shall not be held liable for the termination, suspension, or removal of the user's access to the product, services, or any part thereof.
It should be noted that the features and functionality of the Service may be altered at any time and at the discretion of the provider, without prior notification. Upon installation on a computer, the product initiates periodic communication with our servers to request automatic updates. These updates may be released in response to the release of a new version of the product or the availability of new features. You thereby consent to the automatic download and installation of updates to the Product at periodic intervals, without prior notification. These updates are designed to enhance the functionality and development of the product, and may take the form of bug fixes, improved functions, new software modules, or entirely new versions. By accepting these terms, you agree to receive updates as part of your use of the product. However, the company is under no obligation to provide any features, functionality, upgrades, or to resolve errors. If you are dissatisfied with the product or service, your sole option is to discontinue or terminate your use of the service and uninstall the product.
The utilization of the product may facilitate the access, collection, and processing of certain information by us or third parties. Our data collection and privacy practices pertaining to your information are elucidated in our Privacy Policy, which we encourage you to periodically review.
In the event of a dispute, the aggrieved party shall first contact the other party at the following email address: [email protected]. The objective of this initial communication shall be to attempt to resolve the dispute in an informal manner. In the event that we are unable to resolve the dispute with you through informal means, we each agree to submit any claim to binding and exclusive arbitration with the American Arbitration Association ("AAA") unless a mandatory law or other legal requirement dictates otherwise. All claims must be asserted by the parties in their individual capacities, and not as plaintiffs or class members in any purported class or representative proceeding. Furthermore, the arbitrator is precluded from consolidating more than one person's claims. By entering into this EULA, you and we are each thereby waiving the right to a trial by jury or to participate in a class action. Should you wish to opt out of this arbitration provision, you are required to provide us with a written statement clearly indicating your intention to do so ("Opt-Out Statement"). The aforementioned opt-out statement must include the individual's full name and residential address. The arbitration agreement will remain in effect even after the termination of this EULA. This EULA is subject to the laws of the State of New York, without regard to the conflict of laws principles that might otherwise apply. Furthermore, it will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. In the event of any legal or equitable action pertaining to the arbitration provision of this EULA, you consent to the exclusive jurisdiction of the state or federal courts of New York, specifically in Manhattan, and to the personal jurisdiction of said courts for the purpose of litigating all such disputes. Furthermore, any cause of action you may have pertaining to the service is limited in time to one (1) year from the date of the incident in question, after which it shall be permanently barred.
This end-user license agreement (EULA) represents the complete understanding between the parties with regard to the utilization of the product and our service. In the event that any provision of this EULA is deemed to be unenforceable, such provision shall be reformed only to the extent necessary to ensure its enforceability. Furthermore, the enforceability of such a provision shall not be affected by the enforceability of the provision in other circumstances, or by the enforceability of the remaining provisions set forth herein. The Company's failure to enforce any rights or to take action against the user in the event of any breach of this agreement shall not be construed as a waiver of such rights or of subsequent actions in the event of future breaches. Furthermore, this EULA and any rights granted herein may not be assigned by the user without the prior written consent of the Company. The Company may assign its rights under this EULA to any third party at its sole discretion.