Effective Date: Apr 07, 2024
This End-User License Agreement ("EULA") is a legal agreement between you and Umate Pro
Please read the End-User License Agreement ("EULA") carefully before using Umate Pro. By accessing, browsing and/or using this Service, you (the end user of the Service referred to herein below as “User” or “you”) acknowledge that you have read, understood, and agree to be bound by all the terms, conditions. If you do not agree to the Terms and the applicable guidelines, then you are obliged to cease using the Service immediately.
If you register for a free trial of the Umate Pro software, this EULA agreement will also govern that trial.
Any user generated contents, including but not limited to users comments, suggestions, ideas, or other related or unrelated information, provided by you or any other party in the form of email or other submissions to us (excluding material that you post on the Service in accordance with these Terms) (collectively “Feedback”), are non-confidential and you hereby grant us and our subsidiaries and affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use your Feedback and comments for any purpose without compensation or attribution to you.
Umate Pro, the Umate Pro logos, and any other product or service name or slogan displayed on the Service are trademarks or registered trademarks of Umate Pro, and may not be copied, imitated or used, in whole or in part, without the prior written consent and approval of the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the reserved property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.
Umate Pro own and/or the authorized user of all right, title, and interest, patents, designs, including all intellectual property rights, in and to the Services, and any services made available in connection with the Service provided to you and we reserve the right to revoke the use of license granted to you. Except for those rights expressly stated and granted in these Terms, no other rights are granted, either expressly stated or implied, to you. All copying, distribution or other use of the Service or any third party services or content except as expressly permitted hereunder is prohibited without the prior written consent of the relevant rights holders. You accept that you shall not at any point in time question or dispute the legal ownership of these properties with Umate Pro.
We process personal data as both 1) data controller; and; 2) data processors on documented instructions from you as the data controller.
As a data controller, we process personal data about you when you subscribe the Service or when you otherwise provide personal information to us in the context of this Agreement. Our collection and use of this information, which we process as the data controller, is described in the Privacy Policy.
As a data processor, we process such personal data which you have made accessible to us for the purpose of providing the Service. This processing of personal data is governed by a separate Data Processing Agreement entered into between you and us in connection with your subscription to the Service.
You will defend, indemnify and hold harmless Umate Pro, its subsidiaries, affiliates, partners and third-party advertisers and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms or any Policies, or your violation of any rights of a third party or applicable legislation.
You hereby indemnify to the fullest extent Umate Pro from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
By using the Service, you consent to receive electronic notifications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
In no event shall Umate Pro, nor any of its officers, directors, developers and employees, be liable to you for anything arising out of or in any way connected with your use of Umate Pro Service, whether such liability is under contract, tort, delict, or otherwise, and Umate Pro, including its officers, directors, developers, consultants and employees shall not be liable for any liability whatsoever, whether direct, indirect, consequential or special, including loss of income, moral or otherwise, arising out of or in any way related to your use of Umate Pro Service. Should any mishap or damage occur to you during your use of the Service provided, you are hereby waiving all your legal rights and remedies that may be used against Umate Pro, or any of its officers, directors, developers and employees, and you hereby declare that you are solely responsible, and hold Umate Pro harmless and indemnified, for any mishap, damage or loss which occurred or might have occurred to you during your use of Umate Pro Service.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
These Terms of Service and any separate agreements whereby we provide you shall be governed by and construed in accordance with the local laws.