END USER LICENSE AGREEMENT - MENOKI APP

Last updated on: 15th  september 2021

1                     General

1.1               This end-user license agreement (hereinafter: "EULA") is entered into between you as a user of the Application and MENOKI B.V., a private limited liability company under Dutch law, registered in the register of the Chamber of Commerce under registration number 83054545, with its office at the (5617BC) Torenallee 20, Eindhoven, the Netherlands (hereinafter: "MENOKI" or "we"). MENOKI can be contacted by email: info@menoki.com.

1.2               It is important that you carefully read this EULA. By clicking on 'I agree' at the end, you agree that you are bound by the EULA. If you cannot agree to the provisions of this EULA, you must not agree and discontinue the use of the software offered to you by MENOKI in the form of the Menoki Mobile Application as offered in App Stores like Google Play Store and the Apple App Store (hereinafter: the "Application").

1.3               MENOKI reserves the right to amend the EULA. The amended EULA applies from the moment of publication on the MENOKI website and via the Application.

1.4               If any provision in the EULA would be declared invalid or non-binding for any reason, the other provisions of the EULA will remain unaffected and in force.

2                     License

2.1               The agreement between you and MENOKI is concluded by installing the Application on a device you use and accepting the applicability of this EULA by ticking a check box before you get access to the Application. You can view this EULA at any time in the Application under “insert location”.

2.2               MENOKI hereby grants you a non-exclusive, non-transferable, non-sub-licensable, limited license to download and use the Application for the duration of the EULA. With this license, you have access to the Application under the terms of the EULA and solely for your own and personal use. Subject to the foregoing license, you will not be granted any other right or license. Nothing in this EULA extends to the transfer of any intellectual property rights of MENOKI to you.

3                     Use of the Application

3.1               You hereby agree that you will not use the Application for any purpose other than for the personal use of the Application. You hereby also agree that you will only use the Application in accordance with all applicable laws, regulations and regulations, which means at least the following:

3.1.1                  You are not allowed to infringe on MENOKI’s or any third party (intellectual property) rights, including but not limited to copying and/or sharing and/or publishing the in-app purchases like digital stickers with third parties, commercially or non-commercially;

3.1.2                  You are not allowed to use our content or incite others with the content in such a way that it is indecent, obscene, discriminatory, pornographic, harassing, threatening, defamatory and/or in other way unlawfully towards any third party;

3.1.3                  You are not allowed to use the login details of anyone else unless you have that person’s explicit prior consent.

3.2               Unless expressly provided otherwise in the EULA, you will not copy, de-compile, disassemble, reverse engineer the Application, attempt to discover and record the source code, underlying algorithms, methods and techniques or restrict, modify, further publish, distribute, disclose, market, rent, pledge or use it unlawfully in any way or use it in such a way that you infringe the rights of MENOKI or third parties. In addition, you will not attempt in any way to modify, redirect or otherwise manipulate the data flows of the Application.

4                     Services

4.1               During the term of this EULA, MENOKI will host the Application and provide as much access to it as possible but is does not in any way guarantee that the Application will be available for download or use at any time.

4.2               The use of the Application is free of charge but for the purchase of digital stickers in the Application you are charged on your account with the relevant app store such as via your Apple ID or Google account. You are responsible for the costs involved for in-app purchases in the Application and for costs for your (mobile data) internet connection, the consumption of data, telecommunications costs and the costs of the equipment on which you have installed the Application

4.3               Payments for in-app purchases are processed via your personal account of the relevant app store such as via your Apple ID or Google account. MENOKI will therefore not obtain any financial data relating to your use of the Application and is not responsible for processing of payments in any way.

4.4               MENOKI is not responsible for assistance in installing and using the Application. If you encounter any problems when using the Application you can contact MENOKI by email: info@menoki.com. MENOKI might provide support but has no obligation whatsoever to render such services.

5                     Intellectual property rights

5.1               You hereby acknowledge that MENOKI exclusively owns and remains the owner of all intellectual and industrial property rights with regard to the Application and all parts thereof. You will not take any action that may harm the rights of MENOKI or the rights of a third party, including but not limited to copying, amending, decompiling, distributing or selling any parts of the Application.

6                     Liability

6.1               The Application is made available to you on an 'as is' basis. MENOKI expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. MENOKI does not guarantee that the use of the Application will be uninterrupted, error-free or completely safe under all circumstances.

6.2               MENOKI disclaims any liability for indirect damage resulting from the use of the Application. The total liability of MENOKI is under all circumstances limited to an amount of € 500.-.

7                     Term and termination

7.1               This EULA will enter into force when you agree to it and when you start using the Application. This EULA ends automatically if the Application is no longer offered in the app stores.

7.2               MENOKI may terminate the EULA and deny access to the Application if you do not comply with the requirements of the EULA or any applicable laws or regulations. 

7.3               You can also terminate this EULA yourself by ceasing the use of the Application and removing the Application from your device. Your in-app purchases are linked to your app store account and will therefore be available if the Application is removed and re-installed or installed on another device.

7.4               MENOKI is under no circumstances liable for the consequences of terminating the EULA.

8                     Other provisions

8.1               Use of the Application is strictly personal. The rights and obligations under the EULA cannot be transferred, pledged or sold without the prior consent of MENOKI.

9                     Applicable law and competent court

9.1               This EULA shall be governed and construed in accordance with the laws of the Netherlands.

9.2               All disputes between the parties are submitted to the competent court of the District Court of Oost-Brabant, location 's-Hertogenbosch.