This End User Agreement is a Contract (“Agreement”) between the user (hereinafter “you”) of the Software and Products (as defined below), on the one hand, and Blackitus LTD, registration number: 14036944.If you enter into this Agreement not as an individual but on behalf of a company, the term “you” refers to that company, which undertakes to comply with this Agreement. If you act on behalf of a company in your dealings with us, you confirm that you have all legal grounds and permissions to act on behalf of that company, and that you are not bound by any of its internal regulations or any other legally binding documents.If you do not agree with the terms of this Agreement, do not click the “Accept” button or any other button, regardless of its name, that would confirm your approval of reading and accepting this Agreement, and do not use the Product—you can immediately return the Product to the seller in accordance with applicable consumer protection laws. By clicking “Accept” or by opening or using the Product, you agree to be bound by the terms of this Agreement.The “Product Limitations” section (below) defines the limitations on the Software and related services that may be provided through the use of the Products, in connection with safety measures and their uses. Please read this section carefully, as you also agree, among other things, with these restrictions.
Contract RelationsYou declare and guarantee that you have the ability to enter into this Agreement relating to the website, and that you are capable and competent, within your jurisdiction or place of residence, to use and access the website.
The use of services that may be provided through the use of the Products is subject to additional restrictions, according to which you declare, guarantee, and agree to use the website and confirm that you will interact with them in a manner that:
DOES NOT violate any intellectual property rights, or any other rights of Blackitus Ltd, or any other rights of any third parties;
DOES NOT violate any law or regulation;
IS NOT malicious, fraudulent, deceptive, threatening, abusive, discrediting, obscene, or otherwise unacceptable;
DOES NOT endanger the safety of your or someone else’s account that you may access through the use of the Products and/or Software, regardless of the level of access;
DOES NOT allow in any way to obtain any user’s password, account information, or any other security information;
DOES NOT compromise the security of any computer network and/or crack any passwords and/or security encryption codes;
DOES NOT decompile, reverse engineer the Software and Products or otherwise attempt to obtain the source code of the Software and/or use it in the development of any other derivative software, any separate software algorithm or its part.
This Agreement grants you certain legal rights. You may have other additional rights depending on your jurisdiction.
LicenseIn accordance with the terms and conditions outlined in this Agreement, Blackitus Ltd grants you a limited, non-exclusive, non-sublicensable, and non-transferable license to install and use the website solely as source code integrated in the Blackitus Ltd Product that you own or lawfully control and only for your personal, non-commercial use of the Products. You are not allowed (and you must not allow others) to rent, distribute, transfer, modify, commercially exploit, or sublicense the website, or use the website under a sharing arrangement or in any other unauthorized way. Moreover, the license does not grant you the right to use the website in any way as a human-readable code (source code). You shall not be permitted to make any copies of the website or its accompanying documentation for the purpose other than to back up the information generated while using the website.
Other SoftwareThis Agreement does not apply to any open source code software that is included in the Products or to any third-party software that is licensed separately under the terms of various separate license agreements (“Other Software”). Other Software is not subject to the terms and conditions of this Agreement but is provided to you in accordance with the terms of any relevant license agreements with third parties (hereinafter referred to as “Other Software Terms”). Other Software copyrights belong to the stakeholders specified in the Other Software Terms. Any terms of this Agreement that conflict with the terms of any license agreements for Other Software shall not apply to Other Software. Nothing in this Agreement shall limit your rights or grant you rights that supersede the terms of any applicable end user license for Other Software.
Website UpdateFrom time to time, Blackitus Ltd may provide updates, improvements, patches, bug fixes, and other modifications to improve the website and related services (“Patches”). You acknowledge that you may need to install Patches in order to continue access and using the Products and the website. Patches to be installed automatically by a device or manually by a user in accordance with the device settings. You may also opt out of periodic updates for our Products. However, Blackitus Ltd may release updates that fix critical errors and increase security of the Products. To increase your security level, you agree to automatic installation of Product updates, if technically feasible, without any further notice and, irrespective of whether such automatic update function is enabled or disabled for your Product, if absolutely necessary to ensure correct operation of your Products or allow encryption or critical error fixing.
Prohibition of Assignation and Reverse EngineeringAny modification, reverse engineering, reverse compilation, or disassembly of the website are strictly prohibited. However, if you are a resident of the European Union (“EU”), Blackitus Ltd will, upon a written request, provide you with any information necessary for the Software to interact with other programs within the scope of the EU Directive on the legal protection of computer programs.
CompensationYou hereby agree to protect Blackitus Ltd from any liability for any claims and to compensate for any losses, obligations, damages, fines, penalties, costs, and expenses (including attorney’s fees) arising out of your breach of this Agreement.
Property Rights, Trade SecretsYou acknowledge and agree that (a) all copyrights and other intellectual property rights worldwide, and (b) property rights for the website and all subsequent copies thereof, regardless of the form or carrier, are the exclusive property of Blackitus Ltd and its suppliers (if applicable). You acknowledge and agree that the Software contains valuable trade secrets and other proprietary information of Blackitus Ltd and its suppliers, which is not available to an average internet user, who does not use the website and Products. You agree to keep such trade and proprietary information confidential, and you acknowledge that any actual or potential breach of this obligation will cause immediate, irreparable harm, which cannot be adequately compensated by monetary means. In the event of a breach of this provision, Blackitus Ltd shall be entitled to immediately cease maintaining the operability (cease providing services) of your copy of the website without any notice and further compensation. You are also advised that any disclosure of the information contained in the websiteor the information about the Products that you use to any third parties may harm your property or wellbeing and endanger your safety. Do not share such information with any third parties to avoid any negative consequences for you. You also confirm your consent and guarantee that any information received by you, including, but not limited to, from the Blackitus Ltd Support Department, in connection with resolving your request addressed to Blackitus Ltd shall not be in any way transferred to anyone and shall remain known only to you as the recipient of such information.
Copyrights and TrademarksAll materials and informational content on the Blackitus Ltd website, in Blackitus Ltd mobile or other apps, and within its website are owned and used by Blackitus Ltd .You are not allowed to copy, distribute, or otherwise disclose any materials or informational content (including any logos, images, or data), or use it in any way that is incompatible with the exclusive rights of the copyright owner or the trademark owner, unless you have our written permission to do so. Any elements and objects used in the website, including but not limited to images (both static and dynamic), texts, functionality, user interface, audio tracks, and sounds, and color combinations, are the intellectual property of Blackitus Ltd and may only be used by you as part of the website for the use of the website, as described in the Agreement. You are not permitted to decompose the website or extract any elements/objects from the website. You also are not entitled to create any copies of any items/objects by copying from the website as well as to take screenshots for purposes other than notifying Blackitus Ltd Support of any technical problems that may occur when using the website or the Products. Any rights not expressly granted to you under the license in accordance to this Agreement or any other applicable agreements belong to Blackitus Ltd.
Lack of Implied RightsAny rights not expressly granted to you by Blackitus Ltd shall not be granted in any way — there are no implied rights in this Agreement.
Duration and TerminationThis Agreement shall be effective from the time you first use the website or the Products and shall be valid until its termination. You may terminate the Agreement at any time upon sending a written notice to Blackitus Ltd at email@example.com; however, the Agreement will not be terminated unless you have stopped using the website are completely. Moreover, the Agreement will be immediately terminated if you have failed to comply with any of the terms of this Agreement. Upon termination of the Agreement, the licenses set forth in this Agreement will be immediately terminated, and you agree to cease having any access to the use of the website. You also confirm that, upon termination of the Agreement, your access to the website, as well as any support of the Products, will be terminated or limited. Any provisions on confidentiality, protection of personal data, intellectual property, dispute resolution procedure, and any applicable law, and any other provisions that by their nature remain in force, shall remain in force upon termination of this Agreement.
Laws and JurisdictionThis Agreement shall be construed in accordance with the law of England and Wales. The choice of legislation does not affect your rights as a consumer under the consumer protection regulations of your country of residence. If you act as a consumer, you agree to comply with the non-exclusive jurisdiction of the courts of the Republic of Cyprus. Any legal proceedings that you may initiate against us in connection with this Agreement shall only take place in a court located in Nicosia, the Republic of Cyprus, or in a court at your place of residence.
If you act as a legal entity, you agree to submit to the exclusive jurisdiction of the International Court of Arbitration of the International Chamber of Commerce and Industry of the Republic of Cyprus (“Arbitration”). The number of arbitrators is 1. The proceedings will take place under the Rules of Arbitration. The language of Arbitration will be English. The location of the Arbitration is Nicosia, the Republic of Cyprus.
Disclaimer of AssignationYou may not assign or transfer any of your rights under this Agreement. Any claim of assignation or transfer contrary to this clause shall be deemed invalid.
Disclaimer of GuaranteesRegardless of any provision and in accordance with the applicable law, Blackitus Ltd provides the website “as is” and disclaims and excludes all and any guarantees and conditions not provided by the law, express or implied, including any implied warranties of fitness for a particular purpose, ownership, uninterrupted use, accuracy, and non-infringement of any third party rights. Blackitus Ltd does not guarantee any specific results in the use of the website. Blackitus Ltd neither guarantees nor assumes any responsibility for the quality and completeness of the functionality of the Products if the Blackitus Ltd has been installed without the involvement of the authorized third parties (installers).
Product Usage LimitationsYou acknowledge that you cannot use the website for any emergency unless you use third party security services, as Blackitus Ltd is not a security company, and the functionality of the Products and the Software is limited only to monitoring the premises where the Products are installed. You understand that the Product and the Software are not an emergency notification system controlled by an external party, and Blackitus Ltd will not monitor any emergency alerts or send any emergency response teams to any facility(s) where the Product is installed in any case of emergency. You shall use the website at your own risk. You shall be solely responsible (and Blackitus Ltd disclaims any liability) for any loss or damage arising out of the use of the Software or the Product, including any losses, liabilities, or damage caused to you personally, your property, personal possessions (including the Product, other Products, or peripherals connected to any device, computer, or any mobile device), data, house, apartment, housing, building, or place of residence, or any other facility. The contact details of the Blackitus Ltd Customer Service cannot be considered a rescue solution for any persons at risk at any facility where the Product is installed and/or used, and Blackitus Ltd Customer Service shall not be a suitable replacement for any emergency response services. Any life-threatening or emergency situations should be reported to the appropriate response services in your country.
Blackitus Ltd shall not accept any responsibility for any actions or inactions of any third party providing emergency response services.
Limitation of LiabilityNothing in this Agreement (including everything outlined in the “Limitation of Liability” provision) shall attempt to exclude or limit the liability that cannot be excluded or limited under the applicable law. To the fullest extent permitted by law, in addition to the above liability, Blackitus Ltd shall disclaim and exclude for itself and its suppliers any liability based on a contract, any violation of law (including negligence and direct liability), or otherwise for any direct, indirect, special, or punitive damages of any kind, any loss of income or profit, loss of business, loss of any information or data, or any other damages resulting from or in connection with any sale, installation, maintenance, use, operation, failure, or interruption of the website, even if Blackitus Ltd or its suppliers have been aware of the possibility of such damages. Blackitus Ltd’s liability shall be limited to repairing, replacing, or refunding the purchase price of the Product (at Blackitus Ltd’s discretion), which, in turn, must not conflict with local consumer protection laws.
Partial ApplicationIf any clause of this Agreement is deemed invalid, illegal, or unenforceable, this shall in no way affect the fairness, legality, and enforceability of any remaining clauses, and any such clause that is to be replaced shall be considered an automatically replaced, valid, legal, and enforceable clause with the same intentions and economic consequences.
NotificationsBlackitus Ltd may send you notifications via email and/or to your mobile phone number. Notifications shall be sent to the email address or the mobile phone number you have specified when using the Products or the Software.
Disclaimer of RightsBlackitus Ltd’s disclaimers of any of its own rights will not be valid unless provided in writing. Any disclaimer by Blackitus Ltd of its right to demand compliance of any of the clauses of this Agreement in one instance shall not be considered a disclaimer of its rights under any other clause and/or under such a clause in any other instance.
Names and NumerationAny names, headings, or numbering of any parts of this Agreement, as well as the title of the Agreement, shall be for convenience only and shall not be used to interpret this Agreement.
Full Agreement and AmendmentsThis Agreement shall set forth the full scope of any understandings related to this Agreement between you and Blackitus Ltd. The Agreement shall supersede any prior agreements (both written and oral) with respect to the website. In the event of any changes to this Agreement, Blackitus Ltd shall notify you of such changes via the Blackitus Ltd website (by publishing an updated Agreement), or by sending you an email notification, or by informing you through notifications in the website and/or mobile apps for the Products. If you continue using the website, this will be considered as acceptance of the announced changes by you. It is your responsibility to monitor changes, so please check the Blackitus Ltd website periodically. Blackitus Ltd guarantees that the version of the Agreement published on the Blackitus Ltd website with the date closest to the date of your use of the Software or the Product is up-to-date.
Questions or Additional InformationIf you have any questions regarding this Agreement, please contact Blackitus Ltd by sending us an email to firstname.lastname@example.org.
The Agreement shall be effective from the date of purchase/start of use of the Blackitus Ltd and, for the existing users, from the date of its publication on this website.