END USER LICENSE AGREEMENT
The Terms & conditions were last updated on 01/10/2021
This End User License Agreement (“EULA”) is a binding legal agreement between you, as an individual or entity, and Prosfy. By downloading, installing, or using this application for Android, iOS or other mobile platform, as applicable (the “Software”), you agree to be bound by the terms of this EULA. If you do not agree to this EULA, do not use the Software and delete it. You agree that installation or use of the Software signifies that you have read, understood, and agree to be bound by this EULA.
For clarification, any Prosfy service (“Prosfy Service”) accessed through the Software, or otherwise, is also subject to the Prosfy User Agreement, Privacy Policy and Cookie Policy. Additional terms may apply to specific features. The Software is provided to you under this EULA solely for your private, non-commercial use. Use of the Software or any Prosfy Service within an organization requires a commercial agreement for the applicable Prosfy Service.
You are entering into this contract with Prosfy register as Datify Professionals under Spanish legislation and Prosfy will be the controller of your personal data provided to, or collected by or for, or processed in connection with the Software or Prosfy Service.
DESCRIPTION OF SOFTWARE
The Software is a downloadable software application that enables you to access Prosfy functionality directly from your Android, iPhone, iPad or other mobile device supported by Prosfy (“Device”). You may download the Software whether or not you use the Prosfy Service, but you must associate it with your Prosfy account to enable its full functionality.
LICENSE
Prosfy hereby grants you, subject to the terms and conditions of this EULA, a non-exclusive, non-transferable personal license to:
Use the Software for your own personal use;
Install the Software on only one Device; and
Make one copy of the Software in any machine readable form solely for back-up purposes, provided you reproduce the Software in its original form and with all proprietary notices on the back-up copy.
For clarity, the foregoing is not intended to prohibit you from installing and backing-up the Software for another Device on which you also agreed to the EULA. Each instance of this EULA that you agree to grants you the aforementioned rights in connection with the installation, use and back-up of one copy of the Software on one Device.
TITLE
Title, ownership and all rights (including without limitation intellectual property rights) in and to the Software shall remain with Prosfy. Except for those rights expressly granted in this EULA, no other rights are granted, whether express or implied.
RESTRICTIONS
You understand and agree that you shall only use the Software in a manner that complies with any and all applicable laws in the jurisdictions in which you use the Software. Your use shall be in accordance with applicable restrictions concerning privacy and intellectual property rights.
You may not:
Create derivative works based on the Software;
Use the Software for any purpose other than as described herein;
Copy or reproduce the Software except as described in this EULA;
Sell, assign, license, disclose, distribute or otherwise transfer or make available the Software or any copies of the Software in any form to any third parties;
Alter, translate, decompile, reverse assemble or reverse engineer the Software, or attempt to do any of the foregoing, except to the extent this prohibition is not permitted under an applicable law; or
Remove or alter any proprietary notices or marks on the Software.
PERSONAL INFORMATION AND PRIVACY
Our handling of personal information we collect through the Prosfy Services or the Software is governed by the Prosfy Privacy Policy.
NO WARRANTY
Prosfy DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FULLY COMPATIBLE WITH ANY PARTICULAR PLATFORM. THE SOFTWARE IS OFFERED ON AN “AS-IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. Prosfy EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
RIGHT TO TERMINATE OR MODIFY SOFTWARE
Prosfy may modify the Software and this EULA without notice. You may cease use of the Software at any time. Either party may terminate this EULA at any time, with or without notice.
U.S. GOVERMENT RESTRICTED RIGHTS
By accepting delivery, the government agrees that the Software and accompanying documentation qualifies as “commercial” computer software within the meaning of the applicable acquisition regulations. The terms and conditions of this EULA govern the government’s use and disclosure of the Software and supersede any conflicting terms and conditions. If this EULA fails to meet the government’s needs or is inconsistent in any way with federal law, the government must return the Software, unused, to Prosfy.
OPEN SOURCE
The Software may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms
Software documentation or the applicable help, notices, about or source files. Copyrights to the open source software are held by the respective copyright holders indicated therein.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify and otherwise hold harmless Prosfy Corporation, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages arising out of, relating to, or resulting from your use of the Software or any other matter relating to the Software.
LIMITATION OF LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Prosfy SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Prosfy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). IN NO EVENT WILL Prosfy’S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNT OF LICENSING FEES PAID BY YOU TO Prosfy. THESE LIMITATIONS AND EXCLUSIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OF DAMAGES AND/OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
EXPORT RESTRICTIONS
This EULA is expressly made subject to any laws, regulations, orders or other restrictions on the export of software from Spain, and may be subject to export and import regulations of other countries. You acknowledge and agree not to import, export, re-export, transfer or use, directly or indirectly, the Software without compliance with such laws, regulations, orders or other restrictions.
GENERAL
You and Prosfy agree that the laws of Spain, excluding conflict of laws rules, shall exclusively govern any dispute relating to this EULA, the Software and/or Prosfy Service; and you and Prosfy agree that claims and disputes can be litigated only in Madrid, Spain, and we each agree to personal jurisdiction of the courts located in Madrid, Spain.
This EULA constitutes the entire agreement between you and Prosfy regarding the Software. If any provision of this EULA is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this EULA will remain in full force and effect. You may not assign this EULA, and any assignment of this EULA by you will be null and void. Prosfy, Prosfy (stylized), the “in” logos, and other Prosfy-owned logos and names are trademarks of Prosfy and its affiliates. You agree not to display or use these trademarks in any manner without Prosfy’s prior, written permission. The section titles and numbering of this EULA are displayed for convenience and have no legal effect.