EULA
User License Agreement (Agreement)
Please read this End User License Agreement carefully before downloading or using myLink.
Interpretation and definitions
Interpretation
Words whose initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For purposes of this End User License Agreement:
- Agreement means this End User License Agreement which constitutes the entire agreement between You and the Company regarding the use of the Application.
- Application means the software program provided by the Company downloaded or used in conjunction with a hardware device, called myLink
- Company (referred to as "the Company", "We" or "Our" in this Agreement refers to myLink SRLs, Pizza JF Kennedy, Snc, Avezzano, (AQ), Italy.
- Content refers to content such as text, images or other information that may be posted, uploaded, linked or otherwise made available by you, regardless of the form of that content.
- Country refers to: Italy or the Country of Use.
- Device means any device that can access the Application such as a computer, mobile phone or tablet.
- Third Party Services means any services or content (including data, information, applications and other products and services) provided by a third party that may be displayed, included or made available by the Application.
- You/You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Recognition
By clicking the "I Accept" button, downloading or using the Application, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement, do not click the "I Accept" button, download or use the Application.
This Agreement is a legal document between you and the Company and governs your use of the Application, made available to you by the Company.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
License scope
The Company grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.
The license granted to you by the Company is solely for your personal use, strictly in accordance with the terms of this Agreement.
License Restrictions
You agree not to, and will not allow others to:
- license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make it available to any third party.
- Copy or use the Application for any purpose other than as permitted by the art above in the "License" section.
- Modify, create derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or licensors of the Application.
Content
Content Restrictions
The Company is not responsible for any entries, information or content shared through the Application by users. You expressly understand and agree that you are solely responsible for the Content and all activities that occur under your Account, whether by you or any other third party using your Account.
You may not transmit any Content that is unlawful, offensive, inflammatory, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Illegal or promotion of illegal activities.
- Defamatory, discriminatory, or mean-spirited content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine-generated content or randomly generated content that constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Contain or install any viruses, worms, malware, Trojan horses or other content designed or intended to interrupt, damage or limit the functionality of any computer software, hardware or telecommunications equipment or to damage or gain unauthorized access to data or other information of others.
- Violation of any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
- Impersonate any person or entity, including the Company and its employees or representatives.
- Violate the privacy of others.
- False information and features.
The Company reserves the right, but not the obligation, to determine, in its sole discretion whether or not any Content is appropriate and complies with this Agreement to refuse or remove any Content. The Company also reserves the right to format, edit and/or modify the manner of any Content. The Company may also limit or terminate your use of the Application if you post such objectionable Content.
Because the Company cannot control all content posted by users and/or third parties on the Application, you agree to use the Application at your own risk. You understand that by using the Application you may be exposed to content that you may find offensive, indecent, inappropriate or objectionable, and you agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content.
Intellectual property
The Application, including, without limitation, all copyrights, patents, trademarks, trade secrets and other intellectual property rights therein, are and will remain the sole and exclusive property of the Company.
The Company will not be obligated to indemnify or defend the User against any third party claims arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company will be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use thereof infringes the intellectual property rights of a third party.
Your suggestions
Any feedback, comments, ideas, improvements or suggestions provided by you to the Company in connection with the Application shall remain the sole and exclusive property of the Company.
The Company will be free to use, copy, modify, publish or redistribute the Suggestions for any purpose and in any way without any credit or compensation to You.
Changes to the Application
The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it links, with or without notice and without liability to you.
Application Updates
The Company may from time to time provide updates or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, enhancements and/or other modifications.
Updates may change or eliminate certain features and/or functionality of the Application.
You agree that the Company has no obligation to (i) provide Updates or (ii) continue to offer them to enable particular features and/or functionality of the Application to You.
You further agree that all updates or any other changes will be (i) deemed as such. They form an integral part of the Application and (ii) are subject to the terms and conditions of this agreement.
Maintenance and support
To the extent any maintenance or support is required by applicable law, the Company shall be obligated to provide such maintenance or support.
If you need any help, please contact us: support@mylinkapp.co
Third party services
The Application may display, include or make available third-party content (including data, information, applications and other products, services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability to you or any other person or entity for any Third Party Services.
You must comply with applicable Third Party Terms of Agreement when using the Application. Third Party Services and links thereto are provided solely as a convenience to you and you access and/or use them entirely at your own risk.
Terms and conditions of the parties.
Privacy Policy
The Company collects, stores, retains and shares information about you in accordance with
with our Privacy Policy:
https://shop.mylinkapp.co/policies/privacy-policy
By accepting this Agreement, you acknowledge that you accept and agree to the
terms and conditions of our Privacy Policy.
Duration and termination
This Agreement will remain in effect until terminated by either you or the Company.
The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without notice.
This Agreement will terminate immediately, without notice from the Company, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or computer.
Upon termination of this Agreement, you will cease using the Application and delete all copies of the Application from your Device.
Termination of this Agreement shall not limit any of the Company's rights or remedies at law or in equity for any breach by you (during the term of this Agreement) of any of your obligations under this Agreement.
Compensation
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of: (a) your use of the Application; (b) your violation of this Agreement or any law or regulation; or (c) your violation of any rights of a third party.
No guarantee
The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permissible under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error-free, or that any other errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or timeliness of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall apply to the greatest extent enforceable under applicable law. to the extent that there is a guarantee under the law which cannot be excluded, the Company will be solely responsible for that guarantee.
Limitation of liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You have not purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if a remedy fails of its essential purpose. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Severability and Waiver
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to best accomplish the objectives of such provision to the extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
US Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States as a “terrorist supporting” country, and (ii) you are not listed on any United States Government list of prohibited or restricted parties.
Changes to this Agreement
The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.
By continuing to access or use the Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
Government law
The laws of the Country, excluding its conflict of law rules, will govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
Entire agreement
The Agreement constitutes an agreement between the User and the Company regarding the use of the Application and supersedes all prior written or oral agreements between the User and the Company.
You may be subject to additional terms and conditions that apply when you use or purchase other services or products from the Company , or that the Company will provide to you at the time of purchase.
Interpretation of the translation
This Agreement ( EULA ) may have been translated if we have made it available on our website. You agree that the original English text prevails in the event of a dispute.
Contact us
If you have any questions about this Agreement, you may contact us:
- By email: contact@mylinkapp.co