EULA

End User License Agreement (“Agreement”) - (End User License Agreement)

Last updated on October 1, 2020

Please read this End User License Agreement carefully before clicking the “I Accept” button or downloading or using MiCerveza.

 

Interpretation and Definitions

Interpretation: Words with a capital initial letter have meanings defined under the following conditions. The following definitions will have the same meaning regardless of whether they appear in the singular or plural.

Definitions: For the purposes of this End User License Agreement:

 

• “Agreement” means this End User License Agreement which forms the entire agreement signed between You and the Company for the use of the Application.
• “Application” refers to the computer program, called MiCerveza, enabled by the Company and that You have downloaded to a Device through an account in the Application Store.
• “App Store” means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) through which the Application was downloaded to your Device.
• “Company” (referred to either as “the Company” or “Us” or by the possessive adjective “Our” in this Agreement) refers to MiCerveza.
• “Content” refers to content such as text, images, or other information that may be published, uploaded to the Internet, connected or provided to you by any other means regardless of the form such content takes.
• “Device” means any Device that can access the Application, for example, a computer, cell phone or digital tablet.
• “Family Sharing” / “Family Group” allows you to share Applications downloaded from the App Store with other members of your family, allowing them to view and download the Applications of their choice to their associated Devices.
• “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, incorporated or made available through the Application.
• “You” refers to the individual accessing or using the Application, or the Company, or other legal entity on whose behalf such individual is accessing or using such Application, as applicable.

 

Acceptance

By clicking the “I Accept” button or downloading or using the Application, You agree to be bound by the terms and conditions of this Agreement. If you do not accept the terms of this Agreement, do not click the “I Accept” button, download or use the Application.

This Agreement is a legal document, initialed between You and the Company, that governs your use of the Application that the Company has made available to You.

This Agreement is signed only between You and the Company and not with the App Store. Therefore, the Company is solely responsible for the Application and its content. Even if the App Store is not a party to this Agreement, it has the right to enforce Your compliance as a third-party beneficiary with respect to Your use of the Application.

Because other users may have access to and use the Application, for example, through Family Sharing/Family Group options or volume purchases, such users' use of the Application is expressly subject to this Agreement. .

The Company does not sell the Application to you, but rather grants you a license to use it 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/or use the Application strictly in accordance with the terms of this Agreement.

You may only use the Application on a Device that you own or control and as authorized by the terms and conditions of the App Store.

The license granted by the Company to You is solely for Your personal, non-commercial use in strict accordance with the terms of this Agreement.

License Restrictions

You agree not to engage in the following actions or allow others to do so:

• License, sell, rent, lease, distribute, transmit, sponsor, sublicense, disclose or otherwise commercially exploit this Application or make it available to any third party.
• Copy or use the Application for purposes other than those authorized under the “License” section above.
• Modify, disassemble, decipher, decompile or reverse engineer or create derivative works from any part of the Application.
• Delete, alter or affect the visibility of any proprietary information (including any copyright or trademark information) of the Company or its affiliates, partners, suppliers, or the issuers of the license to use this Application.

 

Content

Content Restrictions

The Company is not responsible for the input, information or content of users of the Application. You clearly understand and agree that You are solely responsible for the Content and all activity that occurs under Your account, whether by You or a third party using Your account.

You may not transmit any Content that is unlawful, offensive, disturbing, hateful, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable content include, but are not limited to:

• Illegal content or that promotes illegal activities.
• Defamatory, discriminatory, or malicious content, including any comments or references about religion, race, sexual orientation, gender, national/ethnic origin, or others directed at specific sectors.
• Junk (unsolicited) or automatically or randomly generated content that constitutes unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of participation in lotteries or games of chance.
• Content that contains or installs viruses, worms, malware, Trojan horses, or other content designed or intended to destabilize, damage, or limit the functionality of any software, hardware or telecommunications equipment or damage or obtain unauthorized access to any data or other information about third parties.
• Content infringes any proprietary right of any party, including any patent, trademark, trade secret, copyright, right of publicity or any other right.
• Impersonate any person or entity, including the Company and its employees or representatives.
• Content that violates the privacy of a third party.
• False information and functions.

The Company reserves the right, but not the obligation, to, in its sole discretion, decide whether or not any Content is appropriate and complies with this Agreement and to reject or remove it. The Company further reserves the right to format, edit and change the form of any Content. The Company may also limit or revoke 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 such Application at your own risk. You understand that by using the Application you may be exposed to content that you may find offensive, indecent, inaccurate 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, or for any loss or damage of any kind incurred from using such content.

 

Intellectual property

The Application, including without limitation all copyright, patent, trademark, trade secret and other intellectual property rights, are and will remain the sole and exclusive property of the Company.

The Company will have no obligation to indemnify or defend You against any third-party claims arising out of or related to the Application. To the extent indemnification is required by applicable laws, the Company, not the App Store, will be solely responsible for investigating, defending, resolving or voiding any claim that the App or Your use thereof violates the intellectual property rights of third parties.

 

Your Suggestions 

Any feedback, comments, ideas, improvements or suggestions that You provide to the Company regarding the Application shall remain the sole and exclusive property of the Company.

The Company is free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any manner without any credit or compensation to You.

 

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any other service linked to it, with or without prior notice and without any obligation to You.

 

Application Updates

From time to time, the Company may improve or improve the functions and/or functionality of the Application, which may include corrections, defect repairs, updates, introducing improved versions and other modifications.

Updates may modify or eliminate some functions and/or functionalities of the Application. You agree that the Company is not obligated to (i) provide You with any Updates, or (ii) continue to provide or allow You to use any particular feature and/or functionality of the Application.

You further agree that any update or other modification (i) shall be deemed an integral part of the Application, and (ii) shall be subject to the terms and conditions of this Agreement.

 

Maintenance and Assistance

The Company does not provide maintenance or assistance of any kind to download or use the Application. To the extent applicable laws require providing such maintenance or support, the Company, not the App Store, shall have the obligation to provide such maintenance or support.

 

Thirdparty services 

The Application may display, incorporate or publish third party content (including data, information, Applications and other products and services) or provide links to third party websites or services.

You acknowledge and agree that the Company shall not be responsible or liable for any Third Party Service, including its accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such service. The Company does not and will not assume any obligation to You or any other person or entity for any Third Party Services.

You must comply with the relevant Third Party Agreement Terms when using the Application. Third Party Services and links to them are intended solely for your convenience, and you access and use such services entirely at your own risk and subject to the Terms and Conditions of the relevant third party.

 

Privacy Policy 

The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy: <https://www.micerveza.com/privacypolicy>

By accepting this Agreement, You hereby acknowledge Your agreement and consent to the terms and conditions of Our Privacy Policy.

 

Term and Termination 

This Agreement will remain in effect until You or the Company choose to terminate it. The Company may, in its sole discretion, at any time and for any reason or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, if You breach any provision herein. 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 it from Your Device.

Termination of this Agreement shall not limit any rights or remedies at law or in equity in the event that You fail (during the term of this Agreement) to comply with any of your obligations under its provisions.

 

Compensation 

You agree to indemnify and hold harmless the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) from any claim or demand, including costs for legal services, caused by You : (a) used the Application; (b) violated this Agreement or any law or regulation; or (c) violated the rights of third parties.

 

No Guarantees

The Application is provided to You “AS IS” and with all faults and defects without warranty of any kind. To the full extent provided by applicable law, the Company, on its own behalf or on behalf of its affiliates and its licensors and service providers and on its own behalf, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including any implied warranties of merchantability, fitness for a particular use, title and non-infringement, as well as warranties that may arise out of distribution, performance, use or practice commercial. 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, Application, system or service, or operate without interruption. , will meet performance or reliability standards, or will be free of errors, or that any error or defect that it presents will be corrected.

Without limitation to the foregoing, neither the Company nor any of its suppliers provides any assurance or warranty of any kind, express or implied, as to: (i) the operation or availability of the Application, or the information, content, and the materials or products it contains; (ii) certainty that the Application will function without interruptions or errors; (iii) the accuracy, reliability, or timeliness of any information or content you may provide; or (iv) that the Application, its servers, the content, or emails sent by 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 relevant statutory consumer rights, so some or all of the above exclusions may not apply to You. However, in these cases the exclusions and limitations set forth in this section shall apply to the maximum extent enforceable by law. To the extent any statutory warranty cannot be disclaimed, the Company, not the App Store, will be solely responsible for such warranty.

Limitation of Liabilities

Notwithstanding any damages that You may cause, the entire liability of the Company and any of its suppliers under the provisions 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 it.

To the maximum extent permitted by applicable laws, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages (including, without limitation, damages for loss of profits, loss of data or otherwise). information, business interruption, personal injury, loss of privacy due to or related to the use of or inability to use the Application, third party software and/or hardware used in conjunction with the Application, or for other causes related to the provisions of this Agreement), even if the Company or its suppliers have been advised of the possibility of such damages and their remedy fails of its essential purpose.

Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation/exclusion may not apply to you.

You clearly understand and agree that App Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special, consequential or punitive damages that You may incur. cause, including any loss of data, regardless of whether the App Store or its representatives have been advised or should have been aware of the possibility of such damage.

 

Divisibility and Exemption

Divisibility

If any provision of this Agreement is held to be unenforceable or void, it will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will remain in full force and effect.

Exemption

Except as set forth herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect either party's ability to exercise such right or require such performance at any time thereafter, nor shall it affect the waiver of a violation will constitute an exemption from any future exemption.

 

Product Claims

The Company does not provide any warranty regarding the Application. To the extent You have any claim arising from or related to Your use of the Application, the Company, not the App Store, is responsible for addressing any such claims, which may include, but are not limited to: (i ) product liability claims; (ii) any claim that the Application fails to conform to any legal or regulatory requirement; and (iii) any claim based on consumer protection or other similar legislation.

 

United States Legal Compliance 

You represent and warrant that (i) You do not reside in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You is not listed on any U.S. 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 made, we will provide notice at least 30 days prior to any new terms taking effect. The Company will determine, in its sole discretion, what constitutes a material change.

By continuing to access or use the Application after any modifications become effective, You agree to be bound by the modified terms. If you do not accept the new terms, you will not be authorized to continue using the Application.

 

Governing Law 

The laws of the Country, excluding its rules on conflicts of laws, will govern this Agreement and Your use of the Application, which may also be subject to other local, state, national, or international laws.

 

Complete Agreement 

The Agreement constitutes the entire Agreement between You and the Company regarding the use of the Application and supersedes any prior and contemporaneous Agreements, written or oral, between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase services from another Company that the Company will provide to You at the time of such use or purchase.

Contact Us 

If you have any questions about this End User License Agreement, you can contact us:

 

• By email: info@micerveza.com
• Visiting this site on our website: <https://www.micerveza.com>