END USER LICENSE AGREEMENT FOR CURABIS 365 APPS
Last updated: 30. November 2021
This End User License Agreement (“EULA”) is a legal agreement between You as Licensee and CURABIS ApS, CVR 36556153 and governs all use of any of CURABIS 365 Apps provided by CURABIS ApS.
By installing, having installed, subscribing to, or using a CURABIS 365 App, you accept this EULA (including any modifications made to it from time to time). If you do not accept this EULA, do not install, have installed, subscribe to, or use the CURABIS 365 App.
Your access to and use of a CURABIS 365 App is conditioned on your acceptance of and compliance with this EULA. This EULA apply to all visitors, users and others who access or use a CURABIS 365 App. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by this EULA on your behalf.
By accessing or using a CURABIS 365 App you agree to be bound by this EULA. If you disagree with any part of this EULA then do not access the App.
Upon installing and using a CURABIS 365 App, you are giving CURABIS the right to display your company name and logo on the company website for reference purposes, and to store such content. You can, however, at any time request to avoid getting your information published. You can do so by writing to email@example.com.
Notice Regarding License Validation
Customer solutions in which the CURABIS 365 App is installed may periodically provide information to verify that the software is properly licensed and that the term has not expired. This information includes the customer identifier, App name, license serial number, App version number, and usage data. Aggregated data may be used to evaluate the effectiveness of our validation features. By using the CURABIS 365 App, you consent to the transmission of the information described in this paragraph.
CURABIS 365 Apps are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a monthly basis. At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or CURABIS cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting CURABIS customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide CURABIS with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize CURABIS to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, CURABIS will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
CURABIS may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by CURABIS until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, CURABIS reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
CURABIS, in its sole discretion and at any time, may modify the Subscription price for the Subscriptions. Any Subscription price change will take effect from then next Billing Cycle.
Your continued use of the Service after the Subscription price change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription prices are non-refundable.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the EULA, which may result in immediate termination of your account. You are responsible for safeguarding the password that you use to access the CURABIS 365 App and for any activities or actions under your password, whether your password is with our CURABIS 365 App or a third-party service.
You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
CURABIS may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this EULA. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the CURABIS 365 App.
All provisions of the EULA which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
CURABIS shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by CURABIS in connection therewith. If applicable law requires CURABIS to provide notice of termination or cancellation, CURABIS may give prior or subsequent notice by posting it on the Service or by sending a communication to any address (email or otherwise) that CURABIS have for you in our records.
As a condition of your access to and use of the CURABIS 365 App, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the CURABIS 365 App or your breach of this EULA and any applicable law or the rights of another person or party. This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.
Limitation Of Liability
You agree that CURABIS shall not be liable for any damages suffered as a result of using the CURABIS 365 App. In no event shall CURABIS be liable for any direct or indirect including but not limited to punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.
You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of the CURABIS 365 App and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of the CURABIS 365 App.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to CURABIS.
Your use of the the CURABIS 365 App is at your sole risk. The CURABIS 365 App is provided on an “AS IS” and “AS AVAILABLE” basis. The the CURABIS 365 App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
CURABIS, its subsidiaries, affiliates, and its licensors do not warrant that a) the CURABIS 365 App will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the CURABIS 365 App is free of viruses or other harmful components; or d) the results of using the CURABIS 365 App will meet your requirements.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of the CURABIS 365 App, whether for breach of contract, tortious behaviour, negligence or any other cause of action.
CURABIS make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on the CURABIS 365 App for any purpose. Any reliance you place on such information is therefore strictly at your own risk. CURABIS disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of the CURABIS 365 App or that the operation of our CURABIS 365 App will be uninterrupted or error-free. CURABIS are not liable for the consequences of any interruptions or error in the CURABIS 365 App.
This EULA shall be governed and construed in accordance with the laws of Denmark, without regard to its conflict of law provisions. Our failure to enforce any right or provision of this EULA will not be considered a waiver of those rights. If any provision of this EULA is held to be invalid or unenforceable by a court, the remaining provisions of this EULA will remain in effect. This EULA constitute the entire agreement between CURABIS regarding our CURABIS 365 Apps, and supersede and replace any prior agreements CURABIS might have between CURABIS regarding the CURABIS 365 App.
CURABIS reserve the right, at our sole discretion, to modify or replace this EULA at any time. If a revision is material CURABIS will try to provide at least 30 days notice prior to any new terms taking effect.
It is your sole responsibility to periodically check this EULA for any changes. If you do not agree with any of the changes to this EULA, it is your sole responsibility to stop using the CURABIS 365 App. Your continued use of the CURABIS 365 App will be deemed as your acceptance thereof.
If you have any questions about this EULA, please contact CURABIS by phone +45 70 26 29 29 or by mail firstname.lastname@example.org.