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End User License Agreement

END USER LICENSE AGREEMENT (EULA)

Effective Date: 16/06/2024

This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "You") and Oasix ("Company," "we," "us," or "our"), the developer of the Oasix mobile application ("App"). This Agreement governs your use of the App available on the App Store and Google Play Store.

By downloading, installing, accessing, or using the App, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, access, or use the App.

 

1. LICENSE GRANT

 

1.1 Limited License

Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use a copy of the App on a mobile device that you own or control, solely for your personal, non-commercial use.

 

1.2 Restrictions

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You shall not:

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  • Copy, modify, or create derivative works based on the App.

  • Distribute, transfer, sublicense, lease, lend, or rent the App to any third party.

  • Reverse engineer, decompile, or disassemble the App, except to the extent permitted by applicable law.

  • Use the App in any manner that could damage, disable, overburden, or impair our servers or networks.

  • Use the App to infringe on the rights of others or for any illegal purpose.

 

2. INTELLECTUAL PROPERTY

 

2.1 Ownership

The App, including all intellectual property rights therein, is and shall remain the property of Oasix and its licensors. All rights not expressly granted to you in this Agreement are reserved by Oasix.

 

2.2 Trademarks

All trademarks, logos, and service marks displayed in the App are the property of Oasix or their respective owners. You are not permitted to use these marks without the prior written consent of Oasix or the respective owners.

 

3. USER CONTENT

 

3.1 User-Generated Content

The App may allow you to create, upload, store, and share content, including but not limited to text, locations, itineraries images, and other materials ("User Content"). You retain ownership of your User Content.

 

3.2 License to User Content

By submitting User Content through the App, you grant Oasix a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, modify, distribute, and display your User Content in connection with the operation of the App and our business.

 

3.3 Responsibility for User Content

You are solely responsible for your User Content. You represent and warrant that you own all rights in and to your User Content or have the necessary rights to grant the licenses granted herein, and that your User Content does not infringe, misappropriate, or violate any third party's rights or applicable laws.

 

4. PRIVACY

 

4.1 Data Collection

We collect, use, and share your information in accordance with our Privacy Policy, which is available at https://www.oasix.ai/privacypolicy. By using the App, you consent to the collection and use of your information as outlined in the Privacy Policy.

 

4.2 Data Security

We implement reasonable security measures to protect your information. However, you acknowledge that no method of transmission over the internet or method of electronic storage is 100% secure and that we cannot guarantee absolute security.

 

5. UPDATES AND MODIFICATIONS

 

5.1 App Updates

We may provide updates, patches, and other modifications to the App that must be installed for you to continue using the App properly. You agree to promptly install all updates provided by us.

 

5.2 Agreement Modifications

We may modify the terms of this Agreement at any time by providing notice through the App or other means. Your continued use of the App after such modifications will constitute your acceptance of the revised Agreement.

 

6. TERMINATION

 

6.1 Termination by You

You may terminate this Agreement at any time by uninstalling the App and ceasing all use of the App.

 

6.2 Termination by Us

We may terminate this Agreement at any time, with or without notice, for any reason, including but not limited to your breach of this Agreement.

 

6.3 Effect of Termination

Upon termination of this Agreement, all rights granted to you under this Agreement will terminate, and you must cease all use of the App and delete all copies of the App from your mobile device.

 

7. DISCLAIMER OF WARRANTIES

 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ARE PROVIDED "AS IS" AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.

 

8. LIMITATION OF LIABILITY

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OASIX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APP; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL OASIX'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID US, IF ANY, FOR ACCESS TO OR USE OF THE APP. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. 

 

9. INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless Oasix, its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the App, including, but not limited to, your User Content, any use of the App's content, services, and products other than as expressly authorized in this Agreement.

 

10. GOVERNING LAW AND DISPUTE RESOLUTION

 

10.1 Governing Law

This Agreement and any disputes arising out of or relating to this Agreement or the App shall be governed by and construed in accordance with the laws of the jurisdiction in which Oasix is headquartered, without regard to its conflict of law principles.

 

10.2 Dispute Resolution

Any dispute arising out of or relating to this Agreement or the App shall be resolved through binding arbitration administered by Lugano, Switzerland the in accordance with its Rules]and conducted in the jurisdiction in which Oasix is headquartered.

 

11. MISCELLANEOUS

 

11.1 Entire Agreement

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and Oasix regarding your use of the App and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding such subject matter.

 

11.2 Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

 

11.3 Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Oasix's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

11.4 Assignment

You may not assign or transfer this Agreement or any rights or obligations hereunder, by operation of law or otherwise, without Oasix's prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. Oasix may assign or transfer this Agreement, in its sole discretion, without restriction.

 

11.5 Notices

We may provide notices to you by email, regular mail, or postings within the App. Notices will be deemed given upon the earlier of actual receipt or 24 hours after being sent.

 

11.6 Contact Information

For any questions about this Agreement or the App, please contact us at: info@oasix.ai

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