End-User License Agreement (EULA) of Embrace NOW

About this EULA

This End-User License Agreement ("EULA") is a legal agreement between you (“user”) and Embrace NOW. It states important information about your rights and your obligations in relation with the use of the mobile application, the corresponding website (embracenow.com) and any services provided through the application and the website (hereinafter referred to as “App”). Please read this EULA carefully before completing the installation process and using the Embrace NOW App. This agreement governs your acquisition and use of the Embrace NOW Service, no matter through which platform or distributor you acquired the App. If you register for a free trial of the Embrace NOW App, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or by simply using the Embrace NOW App, you are confirming your acceptance of the terms of this EULA agreement. If you do not agree with any of the terms and conditions of this EULA, please, do not download, install, access or use the Apps or related services. This EULA shall also apply to any Embrace NOW updates, supplements and support services for the App, unless other terms are explicitly attached to those items.

About You

By installing, accessing or using our App or related services you confirm that you are either at least 18 years of age and have a full legal capacity to enter into this agreement. Or, in case you are between 16 and 18 years of age, you hereby confirm, that one of your representatives (parents, legal guardians) has reviewed and agrees to the terms and conditions of this EULA and allows you the use this App.

About Us

We are Embrace Now GmbH, and we are the developer of this App and related services, which you are about to download, install and later use, and hopefully enjoy. See our legal information and address below this text.

License Grant

Embrace NOW hereby grants you a non-exclusive, personal, limited, revocable and non-transferable license to access, download and use the Embrace NOW App on your devices in accordance with the terms of this EULA. Please, be aware that the App is licensed, not sold, to you. We reserve all rights, title and interest in and to the App and all rights not explicitly granted to you herein. You are permitted to load the Embrace NOW software (for example a PC, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Embrace NOW software. You are not permitted to:
  • Edit, alter, modify or otherwise change the whole or any part of the App’s Software
  • Decompile, disassemble or reverse engineer the App’s Software
  • Reproduce, copy, distribute, resell or otherwise use the App or it’s Software for any commercial purpose
  • Use the Software in any unlawful way; e.g. in a way which breaches any applicable local, federal, national or international law

Intellectual Property and Ownership

Embrace NOW shall at all times retain ownership of the App’s Software as originally downloaded by you and all subsequent downloads / updates of the software. The copyright, the rights to all trademarks, design, text, images, photographs, illustrations, audio clips, artwork, graphic material, code, content, protocols, software, and documentation, including any and all modifications made thereto, shall remain the property of Embrace NOW. Intellectual Property Rights are protected by the respective national, EU, US and other respective national copyright, trademarks, patents and other proprietary rights and laws relating to Intellectual Property Rights. You acknowledge and agree that, except to the limited license expressly granted to you under this EULA, you shall have no other rights, property or ownership interest to any of our services, our software including without limitation, details of your accounts. You should not copy, distribute, make available to the public or create any derivative work from this App or related services or any part thereof unless we have explicitly agreed to this in writing.

Content

You are solely responsible for any content you create, submit, display, share or otherwise provide on or through your use of App (“your content”). It is your obligation to ensure that your content does not violate any copyright or other Intellectual Property Rights. By creating, submitting, displaying, sharing or otherwise providing your content via our services you are representing that you are fully entitled to do this. Also, you grant to us a non-exclusive, irrevocable, worldwide, royalty free license to edit, adapt, publish, reproduce, distribute, publicly display and use your content, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any remuneration to you. You acknowledge that you under most legal concepts own the so called "moral rights" in your content, for example the right to be named as the creator of your content. You agree to waive any such moral or similar rights you may have in your content. You acknowledge that we have no obligation to monitor or protect your rights in any of your content, and that we shall not be liable for any third-party use or disclosure of it.

User Conduct

You represent and warrant to us that your content does not constitute an illegal activity or activity that violates others’ rights, content that is or could be reasonably viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable and unacceptable. You further represent and warrant that you are not providing information that is false, misleading or inaccurate, or disclosing any personal or proprietary information of another user or any other person or otherwise invading other person privacy; do not solicit abuse, harassment, stalking, threats, faming or intimidation of any person or organization; do not use profanity or use of derogatory, discriminatory, hatred or excessively graphic language, or submit any content that may harm minors, disseminating or advocating in any way hate, intolerance, discrimination, harm, racial or ethnic hatred, violence, crime or war; or post offensive, vulgar, sexually explicit or pornographic content.

Installation and Usability

We cannot make any representation that the App can be used, including availability and functioning of all features, including updates can be accessed on any Device. We make no representation that the App is or will be available in all languages. We make no representation that Our Services can be accessed on all wireless service plans or at any particular location. We make no representation that the App and services can be accessed on all wireless service plans or at any particular location and in all territories.

Third Party Sites

We may link or provide access to third party websites or services from our App or services, or our Apps may be provided in connection with the advertising, services and content of third party suppliers. We are not responsible for the availability of such websites or resources of the third party suppliers, and we are not responsible or liable for any content, advertising, or services they provide.

Data Protection

Creating an account and registration requires you to enter your name and email address. These data are stored in our registration database. For further information about our handling of personal data please see the Privacy Policy, which is hereby incorporated into this EULA by reference.

Termination

This EULA agreement is effective from the date you first use the App and shall continue until terminated. You may terminate it at any time upon written notice to Embrace NOW. It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the App and services. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Germany.

Disclaimer of warranty

THE APP AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITH ALL FAULTS AND WITHOUT A WARRANTY OF ANY KIND. YOU USE THEM AT YOUR SOLE RISK AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, EMBRACE NOW, ON BEHALF OF ITSELF AND ANY OF ITS AFFILIATES, LICENSORS, DISTRIBUTORS, THIRD PARTY SUPPLIERS AND OWNERS OF THE MOBILE PLATFORMS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR PERFORMANCE. WITHOUT LIMITATION, EMBRACE NOW MAKES NO WARRANTY THAT THE APPS AND RELATED SERVICES AND THE QUALITY THEREOF WILL MEET YOUR REQUIREMENTS AND EXPECTATIONS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, CORRECT, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED OR THAT THE APPS AND RELATED SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY KIND OF PROPERTY DAMAGE OR LOSSES ARISING FROM YOUR USE OF OUR APPS OR RELATED SERVICES, OR DUE TO ANY UNAUTHORIZED ACCESS OR OTHER ILLEGAL ACTIONS BY ANY THIRD PARTY, OR DUE TO ANY ERRORS OR OMISSIONS IN ANY CONTENT, INCLUDING ANY DAMAGE OR LOSSES BECAUSE OF USE OF ANY CONTENT.

Limitation of liability

UNDER NO CIRCUMSTANCES WILL EMBRACE NOW OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, COMMISSIONAIRES OR LICENSORS BE LIABLE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR INJURY TO PERSON OR PROPERTY, FOR LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY OR NEGLIGENCE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE APPS OR RELATED SERVICES, BREACH OF CONTRACT, UNAUTHORISED ACCESS, TORT, INCLUDING NEGLIGENCE, OR ANY OTHER ACTION BY ANY THIRD PARTY, EVEN IF WE OR OUR AUTHORISED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY ARISING FROM THIS EULA OR RELATED TO YOUR USE OF THE APPS OR RELATED SERVICES, WHETHER IN CONTRACT OR TORT, EXCEED THE AMOUNTS ACTUALLY PAID BY YOU FOR USING THE APPS AND RELATED SERVICES UNDER THIS EULA DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE THE CLAIM FIRST AROSE. THE PARTIES AGREE THAT THE LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY REMEDY SPECIFIED IN THIS EULA IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD EMBRACE NOW, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, COMMISSIONAIRES OR LICENSORS HARMLESS FROM ANY AND ALL THIRD PARTY CLAIMS, SUITS, LOSSES, LIABILITY, DAMAGES COSTS AND/OR EXPENSES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES) ARISING FROM YOUR OR INCURRED AS A RESULT OF YOUR USE OF THE APP OR RELATED SERVICES, OR ANY KIND OF ALLEGED OR ACTUAL BREACH BY YOU OF THIS EULA, OR ANY INFRINGEMENT BY YOU OR ANY THIRD PARTY OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF OTHER PERSONS.
Should you have any queries concerning this EULA, please write to this address:

EmbraceNow GmbH
Friedrich-Ebert- Str. 30
14467 Potsdam
Germany

Phone: +49 (0) 331 2797 5767
Telefax: +49 (0) 331 2797 5761
E-mail: service@embracenow.com