END USER LICENSE AGREEMENT (EULA)
Last updated September 13, 2023
Goodminds is licensed to You (End-User) by Goodminds SASU, french
joint stock company ("Société à actions simplifiées"), registered with
the Paris Trade and Companies Register under number 978 634 517,
located and registered at 91 rue saint Dominique, Paris, Île-de-France
75007, France ("Licensor"), for use only under the terms of this
License Agreement. Our VAT number is FR04978634517.
By downloading the Licensed Application from Apple's software
distribution platform ("App Store") and Google's software distribution
platform ("Play Store"), and any update thereto (as permitted by this
License Agreement), You indicate that You agree to be bound by all of
the terms and conditions of this License Agreement, and that You
accept this License Agreement. App Store and Play Store are referred
to in this License Agreement as "Services".
The parties of this License Agreement acknowledge that the Services
are not a Party to this License Agreement and are not bound by any
provisions or obligations with regard to the Licensed Application,
such as warranty, liability, maintenance and support thereof.
Goodminds SAS, not the Services, is solely responsible for the
Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the
Licensed Application that are in conflict with the latest Apple Media
Services Terms and Conditions and Google Play Terms of Service ("Usage
Rules"). Goodminds SAS acknowledges that it had the opportunity to
review the Usage Rules and this License Agreement is not conflicting
with them.
Goodminds when purchased or downloaded through the Services, is
licensed to You for use only under the terms of this License
Agreement. The Licensor reserves all rights not expressly granted to
You. Goodminds is to be used on devices that operate with Apple's
operating systems ("iOS" and "Mac OS") or Google's operating system
("Android").
TABLE OF CONTENTS
1. THE APPLICATION
Goodminds ("Licensed Application") is a piece of software created to
provide users with a safe and positive social media environment — and
customized for iOS and Android mobile devices ("Devices"). It is used
to Interact with other users through sharing text, image or video
content.
The Licensed Application is not tailored to comply with
industry-specific regulations (Health Insurance Portability and
Accountability Act (HIPAA), Federal Information Security Management
Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use this Licensed Application. You may not use the
Licensed Application in a way that would violate the
Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable
license to install and use the Licensed Application on any Devices
that You (End-User) own or control and as permitted by the Usage
Rules, with the exception that such Licensed Application may be
accessed and used by other accounts associated with You (End- User,
The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed
Application provided by Licensor that replace, repair, and/or
supplement the first Licensed Application, unless a separate license
is provided for such update, in which case the terms of that new
license will govern.
2.3 You may not share or make the Licensed Application available to
third parties (unless to the degree allowed by the Usage Rules, and
with Goodminds SAS's prior written consent), sell, rent, lend, lease
or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate, disassemble, integrate,
decompile, remove, modify, combine, create derivative works or updates
of, adapt, or attempt to derive the source code of the Licensed
Application, or any part thereof (except with Goodminds SAS's prior
written consent).
2.5 You may not copy (excluding when expressly authorized by this
license and the Usage Rules) or alter the Licensed Application or
portions thereof. You may create and store copies only on devices that
You own or control for backup keeping under the terms of this license,
the Usage Rules, and any other terms and conditions that apply to the
device or software used. You may not remove any intellectual property
notices. You acknowledge that no unauthorized third parties may gain
access to these copies at any time. If you sell your Devices to a
third party, you must remove the Licensed Application from the Devices
before doing so.
2.6 Violations of the obligations mentioned above, as well as the
attempt of such infringement, may be subject to prosecution and
damages.
2.7 Licensor reserves the right to modify the terms and conditions of
licensing.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires a firmware version 1.0.0 or
higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Licensed Application updated so that
it complies with modified/new versions of the firmware and new
hardware. You are not granted rights to claim such an update.
3.3 Licensor reserves the right to modify the technical specifications
as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance
and support services for this Licensed Application. You can reach the
Licensor at the email address listed in the App Store or Play Store
Overview for this Licensed Application.
4.2 Goodminds SAS and the End-User acknowledge that the Services have
no obligation whatsoever to furnish any maintenance and support
services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your
downloaded Licensed Application content and Your personal information,
and that Licensor's use of such material and information is subject to
Your legal agreements with Licensor and Licensor's
privacy policy.
You acknowledge that the Licensor may periodically collect and use
technical data and related information about your device, system, and
application software, and peripherals, offer product support,
facilitate the software updates, and for purposes of providing other
services to you (if any) related to the Licensed Application. Licensor
may also use this information to improve its products or to provide
services or technologies to you, as long as it is in a form that does
not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other
functionality, and may provide you with the opportunity to create,
submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or in the Licensed Application,
including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information
or other material (collectively, "Contributions"). Contributions may
be viewable by other users of the Licensed Application and through
third-party websites or applications. As such, any Contributions you
transmit may be treated as non-confidential and non-proprietary. When
you create or make available any Contributions, you thereby represent
and warrant that:
1. The creation, distribution, transmission, public display, or
performance, and the accessing, downloading, or copying of your
Contributions do not and will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark, trade
secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses,
rights, consents, releases, and permissions to use and to authorize
us, the Licensed Application, and other users of the Licensed
Application to use your Contributions in any manner contemplated by
the Licensed Application and this License Agreement.
3. You have the written consent, release, and/or permission of each
and every identifiable individual person in your Contributions to use
the name or likeness or each and every such identifiable individual
person to enable inclusion and use of your Contributions in any manner
contemplated by the Licensed Application and this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass
mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy,
violent, harassing, libelous, slanderous, or otherwise objectionable
(as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
8. Your Contributions are not used to harass or threaten (in the legal
sense of those terms) any other person and to promote violence against
a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation,
or rule.
10. Your Contributions do not violate the privacy or publicity rights
of any third party.
11. Your Contributions do not display sexually explicit content of
someone without their written consent.
12. Your Contributions do not violate any applicable law concerning
child pornography, or otherwise intended to protect the health or
well-being of minors.
13. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or
physical handicap.
14. Your Contributions do not otherwise violate, or link to material
that violates, any provision of this License Agreement, or any
applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing
violates this License Agreement and may result in, among other things,
termination or suspension of your rights to use the Licensed
Application.
7. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Licensed Application
or making Contributions accessible to the Licensed Application by
linking your account from the Licensed Application to any of your
social networking accounts, you automatically grant, and you represent
and warrant that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive, transferable,
royalty- free, fully-paid, worldwide right, and license to host, use
copy, reproduce, disclose, sell, resell, publish, broad cast, retitle,
archive, store, cache, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice)
for any purpose, commercial advertising, or otherwise, and to prepare
derivative works of, or incorporate in other works, such as
Contributions, and grant and authorize sublicenses of the foregoing.
The use and distribution may occur in any media formats and through
any media channels.
This license will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name,
and franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your Contributions. You retain
full ownership of all of your Contributions and any intellectual
property rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or representations
in your Contributions provided by you in any area in the Licensed
Application. You are solely responsible for your Contributions to the
Licensed Application and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit,
redact, or otherwise change any Contributions; (2) to recategorize any
Contributions to place them in more appropriate locations in the
Licensed Application; and (3) to prescreen or delete any Contributions
at any time and for any reason, without notice. We have no obligation
to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations
and tort shall be limited to intent and gross negligence. Only in case
of a breach of essential contractual duties (cardinal obligations),
Licensor shall also be liable in case of slight negligence. In any
case, liability shall be limited to the foreseeable, contractually
typical damages. The limitation mentioned above does not apply to
injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages
caused due to a breach of duties according to Section 2 of this
License Agreement. To avoid data loss, You are required to make use of
backup functions of the Licensed Application to the extent allowed by
applicable third-party terms and conditions of use. You are aware that
in case of alterations or manipulations of the Licensed Application,
You will not have access to the Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of
spyware, trojan horses, viruses, or any other malware at the time of
Your download. Licensor warrants that the Licensed Application works
as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not
executable on the device, that has been unauthorizedly modified,
handled inappropriately or culpably, combined or installed with
inappropriate hardware or software, used with inappropriate
accessories, regardless if by Yourself or by third parties, or if
there are any other reasons outside of Goodminds SAS's sphere of
influence that affect the executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately
after installing it and notify Goodminds SAS about issues discovered
without delay by email provided in Contact Information. The defect
report will be taken into consideration and further investigated if it
has been emailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Licensed Application is defective,
Goodminds SAS reserves a choice to remedy the situation either by
means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Licensed Application to conform
to any applicable warranty, You may notify the Services Store
Operator, and Your Licensed Application purchase price will be
refunded to You. To the maximum extent permitted by applicable law,
the Services Store Operator will have no other warranty obligation
whatsoever with respect to the Licensed Application, and any other
losses, claims, damages, liabilities, expenses, and costs attributable
to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires
after a statutory period of limitation amounting to twelve (12) months
after the Licensed Application was made available to the user. The
statutory periods of limitation given by law apply for users who are
consumers.
10. PRODUCT CLAIMS
Goodminds SAS and the End-User acknowledge that Goodminds SAS, and not
the Services, is responsible for addressing any claims of the End-User
or any third party relating to the Licensed Application or the
End-User’s possession and/or use of that Licensed Application,
including, but not limited to: (i) product liability claims; (ii) any
claim that the Licensed Application fails to conform to any applicable
legal or regulatory requirement; and (iii) claims arising under
consumer protection, privacy, or similar legislation, including in
connection with Your Licensed Application’s use of the HealthKit and
HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that
is subject to a US Government embargo, or that has been designated by
the US Government as a "terrorist supporting" country; and that You
are not listed on any US Government list of prohibited or restricted
parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the
Licensed Application, please contact:
13. TERMINATION
The license is valid until terminated by Goodminds SAS or by You. Your
rights under this license will terminate automatically and without
notice from Goodminds SAS if You fail to adhere to any term(s) of this
license. Upon License termination, You shall stop all use of the
Licensed Application, and destroy all copies, full or partial, of the
Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
Goodminds SAS represents and warrants that Goodminds SAS will comply
with applicable third-party terms of agreement when using Licensed
Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of
Developer's End-User License Agreement," both Apple and Google and
their subsidiaries shall be third-party beneficiaries of this End User
License Agreement and — upon Your acceptance of the terms and
conditions of this License Agreement, both Apple and Google will have
the right (and will be deemed to have accepted the right) to enforce
this End User License Agreement against You as a third-party
beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Goodminds SAS and the End-User acknowledge that, in the event of any
third-party claim that the Licensed Application or the End-User's
possession and use of that Licensed Application infringes on the third
party's intellectual property rights, Goodminds SAS, and not the
Services, will be solely responsible for the investigation, defense,
settlement, and discharge or any such intellectual property
infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of France excluding its
conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become
invalid, the validity of the remaining provisions shall not be
affected. Invalid terms will be replaced by valid ones formulated in a
way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if
laid down in writing. The preceding clause can only be waived in
writing.