This end-user licence agreement (EULA) is a legal agreement between you (End-user or you) and CM.com Netherlands B.V., Konijnenberg 30, 4825 BD Breda, the Netherlands (Licensor, us or we) for: McMoney mobile application software (App)
We licence use of the App to you on the basis of this EULA and subject to any rules or policies applied by the Google Android application store from whose site, located at https://play.google.com/store/apps (Appstore), the End-user downloaded the App (Appstore Rules). We do not sell the App to you. We remain the owners of the App at all times.
Operating system requirements This App requires an Android device with Internet access, a minimal resolution of 470dp x 320 dp and KitKat 4.4 or higher as operating system.
• For you to install and use the App, and receive payments in return for you offering us your services, you must be at least eighteen (18) years old, or the age of majority in your country of residence.
• For the receipt of the SMS messages from our partners and the provision of reports through the App we offer you a monetary compensation. Subject to the conditions of this EULA you may request us to transfer the compensation to the online payment service PayPal. You need to have an active account with PayPal for us to transfer the compensation. If PayPal is not available in your country of residence, we will not be able to provide you any compensation and you will not be able to use the App.
• Your mobile phone number will be used by us, and transferred by us to third parties with whom we have an agreement (our partners), for use by them corresponding with said agreement. Your phone number is your personal data. We will only transfer your phone number to partners who have signed an agreement with us and who have consented to use your telephone number only for the purpose of the App. All partners to whom we have transferred your mobile phone number will be able to send you SMS messages and receive an automated delivery response report from your mobile device through the App, for the purpose of testing the network of the telecom operator with whom you have a (prepaid) subscription. No other use of your phone number is allowed under the agreement our partners sign with us. An up to date list of our partners who may use your telephone number on the terms of this EULA and the agreement they sign with us can be found at https://cm.com/mcmoney/partners
• If you do not agree to the terms of this licence, we will not license the App to you and you must stop the downloading or streaming process (as applicable) now by clicking on the “Cancel” button below. In this case the downloading or streaming process will terminate.
• We strongly advise you to print and/or save a copy of this EULA for future reference.
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Service, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time by sending you an SMS with details of the change or notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the Services.
1.3 From time to time updates to the App may be issued through the Appstore. Depending on the update, you may not be able to use the Services until you have downloaded or streamed the latest version of the App and accepted any new terms.
1.4 By using the App or any of the Services, you consent to us using your phone number and transferring this phone number to our partners under agreement and to us collecting and using technical information about the SMS messages you receive, your Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.5 You will be assumed to own the mobile telephone or mobile device on which the App is installed or to have obtained permission from the owners of the mobile telephone or mobile devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download or stream a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not it is owned by you.
1.6 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
1.7 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2.2 You may: a) Download, install, use and/or stream a copy of the App onto an Android device and to view, use and display the App on the Devices for your personal purposes only; and b) use the app and any related documents for your personal purposes only.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App
(e) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
(f) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(g) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(h) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology).
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5.1 By installing the App and allowing us and our partners to send you SMS Messages and subsequently providing us with reports through the App you are entitled to a monetary compensation for each SMS message received by you. The total entitled compensation is visible in the App installed on your Device. The compensation fee for a single SMS message may vary depending on your country of residence and the telecom operator with whom you have a (prepaid) subscription.
5.2 upon reaching the required amount of compensation, as visible in the App, you may request us to transfer the total compensation to your PayPal account. For the use of PayPal the terms and conditions of PayPal apply.
6.1 You acknowledge that all intellectual property rights in the App and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App or the Technology other than the right to use each of them in accordance with the terms of this EULA.
7.1 You expressly acknowledge and agree that use of the App and any Services provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
7.2 To the maximum extent permitted by applicable law, the App and Services are provided “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the App and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the App, that the functions contained in the App or Services will meet your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty.
8.1 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the related documentation meet your requirements.
8.2 We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 Our maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to EUR 1000, – . This does not apply to the types of loss set out in condition 8.4
8.4 Nothing in this EULA shall limit or exclude our liability for:
(a) death or personal injury resulting from our negligence;
(b) fraud or fraudulent misrepresentation; and
(c) any other liability that cannot be excluded or limited by Dutch law.
9.1 We may terminate this EULA immediately by written notice to you:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the Licence Restrictions or the Acceptable Use terms; and
(c) on thirty days’ notice.
9.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorised by this EULA;
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.
10.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at [email protected] We will confirm receipt of this by contacting you in writing, normally by e-mail.
10.2 If we have to contact you or give you notice in writing, we may do so by SMS, Push or by e-mail to the email address you provide to us.
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Outside Our Control).
11.2 If an Event Outside Our Control takes place that affects the performance of our obligations under this EULA:
(a) our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
(b) we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event Outside Our Control.
12.1 We may transfer our rights and obligations under this EULA to another entity with our group of companies or any third party, but this will not affect your rights or our obligations under this EULA.
12.2 You may not transfer your rights or obligations under this EULA to another person.
12.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.5 Please note that this EULA, its subject matter and its formation, are governed by the law of the Netherlands. You and we both agree that the courts of the Netherlands will have non-exclusive jurisdiction.
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