End-User License Agreement for VYBZ App

Copyright 2023 by VYBZ Inc.
All rights reserved.


IMPORTANT – READ CAREFULLY:

This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and VYBZ Inc. (“VYBZ”) for the VYBZ mobile application software (the “Software”) accompanying this EULA, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (collectively, the “Product”). By installing, copying, or otherwise using the Product, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Product.

License

VYBZ grants you a non-exclusive, non-transferable license to use the Software for your personal, non-commercial use, subject to the terms and conditions of this EULA.

Ownership

The Software and all intellectual property rights in the Software are owned by VYBZ and/or its licensors, and are protected by United States copyright laws and international treaties. VYBZ reserves all rights not expressly granted to you in this EULA.

Restrictions on Use

You may not:

  • copy, modify, create derivative works of, distribute, sell, sublicense, rent, lease, loan or otherwise transfer the Software to any third party;

  • reverse engineer, decompile, or disassemble the Software, except to the extent that such activity is expressly permitted by applicable law;

  • use the Software to engage in any illegal activity or to violate any applicable laws, regulations, or ordinances;

  • use the Software to transmit or store any content that is infringing, defamatory, obscene, or otherwise objectionable;

  • use the Software in any way that could damage, disable, overburden, or impair the Software or any third-party systems or networks;

  • use the Software in any way that violates the privacy or intellectual property rights of any third party;

  • or remove, alter or obscure any proprietary notices or labels on the Software.

Privacy

VYBZ may collect certain information about you and your use of the Software, as described in the VYBZ Privacy Policy. By using the Software, you consent to VYBZ’s collection and use of this information.

Updates

From time to time, VYBZ may provide updates, bug fixes, or other changes to the Software. Such updates may be automatically installed without further notice to you.

Termination

This EULA will terminate automatically if you fail to comply with any term or condition of this EULA. Upon termination, you must immediately cease all use of the Software and destroy all copies of the Software in your possession.

Disclaimer of Warranties

THE SOFTWARE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. VYBZ DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

IN NO EVENT SHALL VYBZ OR ITS LICENSORS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF VYBZ has been advised of the possibility of such damages. The User acknowledges that the use of the VYBZ App is at their own risk.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of England and Wales without regard to its conflicts of law provisions. The parties agree that any dispute arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the London Court of International Arbitration. The arbitration shall take place in London, England, and shall be conducted in the English language. The decision of the arbitrator shall be final and binding on the parties.

Entire Agreement

This Agreement constitutes the entire agreement between the User and VYBZ with respect to the VYBZ App and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties. Any waiver of any provision of this Agreement will be effective only if in writing and signed by VYBZ.

Assignment

The User may not assign or transfer this Agreement, in whole or in part, without the prior written consent of VYBZ. VYBZ may assign this Agreement, in whole or in part, without notice to the User.

Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

Contact Information

If the User has any questions or concerns about this Agreement or the VYBZ App, they may contact VYBZ at support@vybzapp.com.

By accepting this Agreement, the User represents that they have read and understood the terms and conditions of this Agreement and that they agree to be bound by them.

Latest update: March 13, 2023