Last Modified: April ___, 2024
This End User License Agreement (“EULA”) is made and entered by and between Zepold LLC Ltd (“Company”) and you, a user of our installer (respectively “user” or “you” and "Product") and software offered therein (“Software” and collectively with the Product "Services").
Our Privacy Policy available at: https://youfetch.app/terms-privacy details our data collection and privacy practices and is incorporated herein by reference. We encourage you to review our Privacy Policy prior to using the Services.
By using the Services, you acknowledge that you have read, understood, and agree to the terms of this EULA. You agree to be bound and to fully comply with the EULA. You further agree to comply with all applicable laws and regulations regarding your use of the Installation Platform and Software and you acknowledge that this EULA constitutes a binding and enforceable legal contract between you and us. If you do not agree to any of the terms of this EULA, please do not use our Services in any manner whatsoever and uninstall the Software where applicable.
We reserve the right to periodically amend or revise this EULA at our sole discretion; such changes will be effective immediately upon the publication of the revised EULA. The last revision date will be reflected in the "Last Modified" date at the bottom of this EULA. Your continued use of our Services following such amendments constitutes your acknowledgement and consent of such amendments to the EULA and your agreement to be bound by them.
Our Product performs and optimizes the installation of the Software applications developed or published by us. Certain Software may change your home page or your default search provider or computer repair products, etc. You may skip, decline, or accept any of the offered Software and may decide to cancel the installation.
Please note that only offers to install a Software which received your prior permission and consent (through opt-in or opt-out mechanism or by clicking ‘accept’ (or similar language) button as determined solely by us) shall be installed on your device. You hereby grant the Company permission to install the Software including additional software required to execute such Software as determined by us. You acknowledge that software installation often requires registry changes as well as access to the Internet.
Following initiating the installation process, you may not stop Product's operation with the designated 'cancel' (or similar language) button; however, we may disable your ability to do so in certain stages of the installation process. Please note that by stopping the Product operation in certain stages of the installation process not through the designated button may result in damage to your computer for which we shall not be responsible or liable in any manner. In addition, installation that was initiated but was interrupted or canceled before completion may result in residual data or software remaining on your device which can be removed manually including a desktop application to continue installation from interruption.
Subject to the terms of the EULA herein, you are hereby granted with a revocable, limited, non-exclusive, non-transferable, and non-sub-licensable license to use the Product and Software solely for your personal and non-commercial purposes. The grant of license is subject to your agreement to be bound by this EULA as well as compliance with the provisions herein.
The Intellectual Property Rights and all other rights, title, and interest of any nature in and to our Services (including trademarks, service marks, product names, and trade names as well as modifications, enhancements, upgrades, customizations, and derivative works) are and shall remain the exclusive property of the Company and its licensors and you hereby acknowledge that no title or ownership in the Installation Platform or Software is being transferred or assigned herein, not to be construed as a sale of any rights in the Product or Software.
For the purpose of this EULA, “Intellectual Property Rights” shall mean all intellectual property rights of every kind and description including without limitation rights in or to trademarks and service marks (whether or not registered), trade names and other designations of source of origin together with all goodwill related to the foregoing, rights in or to copyrights (whether or not registered), rights in or to trade secrets and confidential information including without limitation know-how, technology, methods, ideas, and inventions, rights in software and computer code (whether in source code, object code, or any other form), and all applications and registrations of any of the foregoing.
You represent and warrant that you will not, either by yourself or by authorizing or encouraging others to do so, directly or indirectly: (i) modify, change, edit, amend, truncate, alter, bypass or reorder any aspect of the Product or Software; (ii) circumvent, disable, or interfere with security features of the Product or Software or otherwise impair or degrade its performance in any way; (iii) access the Product or Software by any automated or malicious codes including scraping, crawling, data-mining, or using any robot, spider; (iv) copy, sell, lease, share, sublicense, or distribute the Product or Software and the license to use the Installation Platform and Software granted herein or otherwise commercially exploit or make the Installation Platform and Software; (v) make any copies of, modify, adapt, disassemble, translate, decompile, reverse engineer, circumvent, or hack the Installation Platform or Software or attempt to derive the source code of the Installation Platform or Software; (vi) use the Installation Product in any fraudulent, unlawful, harmful, irresponsible, or inappropriate manner; (vii) assert any proprietary rights in or to the Installation Platform or Software materials or any element, derivation, adaptation, variation, or name thereof, nor remove, obscure, or alter any notices of proprietary rights or disclaimers appearing in or on any content or materials provided by such third party; (viii) use the Product or Software in any way that violates any term of this EULA.
By accepting these Terms, you further represent that you are authorized to use the Product and Software and accept the obligations set forth herein on your own behalf or on behalf of another person or entity. Any and all unauthorized use of the Product and Software is strictly prohibited.
ANY USE OF THE PRODUCT AND SOFTWARE NOT SPECIFICALLY PERMITTED HEREIN IS PROHIBITED AND MAY RESULT AT COMPANY'S SOLE DISCRETION IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE PRODUCT AND SOFTWARE AND MAY RESULT IN CRIMINAL AND CIVIL LIABILITY.
We reserve the right, at the Company’s sole discretion and at any time, to alter or update the Services including without limitation features, specifications, capabilities, functions, licensing terms, release dates, general availability, or other characteristics. BY CONTINUING TO USE THE SERVICES FOLLOWING SUCH CHANGES, UPDATES, OR UPGRADES, YOU AGREE TO BE BOUND BY SUBSEQUENT CHANGES AND ACKNOWLEDGE THAT THE COMPANY SHALL HAVE NO LIABILITY TO YOU AS A RESULT OF ANY SUCH CHANGES.
The Product or Software may include links to third-party services and/or the third-party services may be made available to you via the Product or Software. These services are subject to respective third-party terms and conditions and we encourage you to carefully review them as they constitute an agreement between you and the applicable third-party service provider.
We do not warrant, endorse, guarantee, or responsible for any third party including any third party who offers products or services through our Services. You acknowledge that (i) we do not guarantee the access to or viewing of any particular third-party services; (ii) any third party is not under our control and we are not responsible for; (iii) we are not responsible for and do not monitor or control any third-party services. You agree that we will not be held responsible or liable for any injury, loss, or damage of any sort incurred as the result of your use of or access to any third-party services and you are solely responsible for your reliance upon any third-party services. For the avoidance of doubt, this EULA governs your relationship with us alone and in no way governs the relationship between you and any third party.
Except as provided herein, our Services are provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including without limitation representations, warranties, and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade. Company does not warrant that the Installation Platform or Software will operate error-free or is free of viruses or other harmful code or that the Company will correct any errors in the Product or Software. You agree that Company will not be held responsible for any consequences to you or any third party that may result from technical problems. We make no representation or warranties that our Services are or will be available for use in any particular location or at a specific time. Except as expressly stated herein, the Company does not make any representations, warranties, or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of our Services. Your use of our Services is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply. The Company reserves the right to suspend, remove, restrict, or disable your access and use to parts or all of our Services at any time and without notice or liability at Company’s sole discretion.
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY (INCLUDING WITHOUT LIMITATION ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS COLLECTIVELY: “COMPANY GROUP”) AS WELL AS ITS VENDORS, DISTRIBUTORS, THIRD-PARTY LICENSORS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, OR DAMAGES (INCLUDING TO EQUIPMENT) ARISING OUT OF THE USE OR INABILITY TO USE OUR SERVICES EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY DOES NOT AFFECT COMPANY’S LIABILITY FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This EULA shall be in effect as of the date in which you use our Services. You may cease your use of the Product at any time and uninstall the Software. The Company may terminate this EULA and discontinue or terminate the Services offered at any time without notice and for any or no reason.
You shall indemnify, defend, and hold harmless the Company and its respective affiliates, officers, directors, shareholders, or representatives from any and all demands, judgments, awards, losses, damages, expenses, claims, and liabilities and all related costs, including reasonable legal fees (“Liabilities”) incurred by the Company as a result of or arising out of: (i) a breach of any representations or warranties made by you hereunder; (ii) a breach or violation of this EULA or applicable law when using our Services.
This EULA shall be interpreted, construed, and enforced in accordance with the laws of the State of Israel without giving effect to any principles of conflicts of law. In the event of any claim, controversy, or dispute arising under, related to, or otherwise in connection with this EULA and Services, you and the Company shall initially make reasonable efforts to resolve the dispute in an informal procedure. In the event we will not be able to resolve the dispute in such informal procedure, you and the Company each agree that any dispute will be exclusively resolved in the competent courts located in Tel Aviv, Israel. Any claim related to our Services shall be limited to twelve (12) months as of the applicable incident and will be permanently barred afterwards.
Entire agreement: This EULA constitutes the entire understanding between the parties with respect to the use of our Services. If any part of the terms of the EULA is found void and unenforceable, it will not affect the validity of the balance of the EULA, which shall remain valid and enforceable.
Relationship of the parties: No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by the EULA.
Assignment: You may not assign or otherwise transfer by operation of law or otherwise this EULA or any right or obligation herein. The Company expressly reserves its right to assign or transfer this EULA and to delegate any of its obligations hereunder at its sole discretion.
Waiver: Company's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Force majeure: The Company shall not be deemed in breach of these terms if the company is unable to provide the Services or any portion thereof by reason of earthquake, labor dispute, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, internet outages, or any act of god or any local, state, federal, national, or international law, governmental order or regulation, or any other event beyond company’s control.
Zepold LLC
Email: [email protected]
919 N Market St #300 Wilmington DE 19899 United States