End-User License Agreement

By using the Application, you are agreeing to be bound by the terms and conditions of this EULA.

This EULA is a legal agreement between you (either an individual or a single entity) and Jakob Wells and it governs your use of the Application made available to you by Jakob Wells.

If you do not agree to the terms of this EULA, do not click on the "Pay" button and do not download or use the Application.

The Application is licensed, not sold, to you by Jakob Wells for use strictly in accordance with the terms of this EULA.

We respect consumer rights, whereby a "Consumer" is understood as any natural person who in agreements acts for purposes other than connected with business, economic or craft activity or freelance profession. A Consumer may not waive the rights granted thereto by relevant legal acts. Any agreement provisions which are less favourable to a consumer than provisions in relevant legal acts protecting consumers shall be invalid, and the respective statutory provisions shall be used instead. That is why the provisions of the EULA are not intended to exclude or limit any consumer rights granted thereto under unconditionally applicable legal provisions, any possible doubts should be clarified to the advantage of a consumer. In the case of any discrepancy between the provisions of the EULA with the foregoing provisions, these provisions shall prevail and be applicable.

In particular, Jakob Wells shall not apply towards consumers the provisions of the EULA which exclude or considerably limit the liability towards a consumer for non-performance or improper performance of our liabilities. In the case of consumers, we shall not make performance of the EULA dependant on circumstances under our sole control, we shall apply neither the right to binding interpretation of the EULA nor other provisions which would grossly infringe consumer's interest.

Please remember also that a consumer shall not enjoy the right to withdraw from an agreement concluded from the remote with regard to service agreements if the entrepreneur provided the service fully upon express consent of the consumer who had been informed before starting the performance that upon completion of the performance by the entrepreneur he/she will lose the right to withdraw from the agreement.

Save for consumers, Jakob Wells shall not be liable against users for any lost profit and damage resulting from unintentional fault.

You agree not to, and you will not permit others to:

• license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
• modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
• remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Jakob Wells or its affiliates, partners, suppliers or the licensors of the Application.

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to Jakob Wells with respect to the Application shall remain the sole and exclusive property of Jakob Wells.

Jakob Wells shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

Jakob Wells may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Application. You agree that Jakob Wells has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this EULA.

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that Jakob Wells shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Jakob Wells does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

This EULA (and the license) shall remain in effect until terminated by you or Jakob Wells.

This EULA will terminate immediately, without prior notice from Jakob Wells, in the event that you fail to comply with any provision of this EULA. You may also terminate this EULA by deleting the Application and all copies thereof from your computer.

Upon termination of this EULA, you shall cease all use of the Application and delete all copies of the Application from your computer.

Termination of this EULA will not limit any of Jakob Wells's rights or remedies at law or in equity in case of breach by you (during the term of this EULA) of any of your obligations under the present EULA.

The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Jakob Wells, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Jakob Wells provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Jakob Wells nor any Jakob Wells's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Jakob Wells are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

Notwithstanding any damages that you might incur, the entire liability of Jakob Wells and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall Jakob Wells or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this EULA), even if Jakob Wells or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Jakob Wells may amend the EULA due to material reasons, whether legal (amendment of generally applicable law or change of the organizational form of Jakob Wells) or technical (modernization of the Application, change of the operation manner of the Application).

You will be notified on any amendment to the EULA after downloading a new version of the Application. You should accept the new provisions of the EULA or refuse to accept them and terminate the EULA with immediate effect.

The laws of Germany, excluding its conflicts of law rules, shall govern this EULA and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

Any disputes arising between Jakob Wells and the user not being a Consumer are referred to the court with the local jurisdiction over the registered office of Jakob Wells.

The EULA constitutes the entire agreement between you and Jakob Wells regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and Jakob Wells.

You may be subject to additional terms and conditions that apply when you use or purchase other Jakob Wells's services, which Jakob Wells will provide to you at the time of such use or purchase.