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End-User License Agreement

Please read this End User License Agreement (“EULA”) before You purchase a subscription for the AccidentalQuality App or Use it. By purchasing a a subscription to AccidentalQuality, You agree, without reservation to be bound by the terms of this EULA. If You do not agree with the terms of this EULA, please do not purchase a Subscription or use the AccidentalQuality App. If You accept the terms and conditions in this EULA on behalf of a company or other legal entity, You warrant that You have full legal authority to accept the terms and conditions in this EULA on behalf of such company or other legal entity, and to legally bind such company or other legal entity. You may not accept this EULA if You are not of legal age to form a binding contract with AccidentalQuality.

1. Definitions

In this EULA the expressions below shall have the meaning assigned to them in this clause, unless the context requires otherwise:

  1. “Documentation” the detailed information about the AccidentalQuality App, its features and the system requirements as made available on the website of AccidentalQuality, as amended from time to time;
  2. “Subscription” a monhtly subscription tying You to the AccidentalQuality App and allows You to Use the AccidentalQuality App after the expiry of the trial period;
  3. “Open Source Software” any software that requires as a condition of use, copying, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form, and (b) be licensed for the purpose of making and/or distributing derivative works, and (c) be redistributable at no charge;
  4. “Updates” any modified versions and updates of, and additions to the AccidentalQuality App;
  5. “Use” the access to AccidentalQuality.com or AccidentalQuality software which includes trial, subscribing or processing data sent to the AccidentalQuality App;
  6. “You” you, the final and ultimate user of the AccidentalQuality App or the authorized representative of a company or other legal entity that will be the final and ultimate user of the AccidentalQuality App, and the company or other legal entity that will be the final and ultimate user of the AccidentalQuality App, if applicable.

2. General

  1. This EULA applies to any Use granted to You by AccidentalQuality for the purpose of using of the AccidentalQuality App.
  2. By purchasing a Subscription for the AccidentalQuality App and/or using the AccidentalQuality App, You enter into this EULA with AccidentalQuality.
  3. This EULA may be modified from time to time. AccidentalQuality will notify you of such modifications on its website or otherwise, e.g. by using the email address used for the the provision of your Subscription. Any modifications to this EULA shall only apply upon acceptance by You.

3. Permitted use and restrictions

  1. In order to be able to Use the AccidentalQuality App and receive Updates and upgrades, Your computer shall have access to the Internet. This includes the data gathering tool used for the purposes of processing your own data.
  2. You shall Use the AccidentalQuality App in accordance with applicable laws and shall not:
    1. Use the AccidentalQuality App for any unlawful or illegal activity, or to facilitate an unlawful or illegal activity;
    2. delete or alter any disclaimers, warnings, copyright or other proprietary notices accompanying the AccidentalQuality; or
    3. copy (except as otherwise provided in this EULA), adapt, translate, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the AccidentalQuality App or any parts thereof, except to the extent permitted by applicable law.
  3. AccidentalQuality may modify the AccidentalQuality App at any time at its sole discretion and without notice to You, for example to comply with applicable law or a court order, to avoid a third party infringement claim or to provide Updates and upgrades.

4. Maintenance and support

  1. AccidentalQuality will notify You of any available Updates and upgrades.
  2. You will be entitled to receive Updates free of charge.
  3. Any maintenance and support provided by AccidentalQuality, including the provision of Updates and upgrades, will be provided in an adequate way on an “as is” basis without any warranty, as soon as reasonably practicable, subject to availability of personnel.
  4. The terms of this EULA will govern any Updates.

5. Use of data

  1. AccidentalQuality and its subsidiaries may periodically collect and use technical and related data concerning the AccidentalQuality App including information concerning the version number of the AccidentalQuality App You have installed and about the system You have use the AccidentalQuality App on. AccidentalQuality will use such data to facilitate maintenance and support with respect to the AccidentalQuality App, to improve its products and to provide further services or technologies to You.
  2. AccidentalQuality may process personal data with respect to You, if and to the extent necessary to provide the service the AccidentalQuality app provides, to provide maintenance and support to You with respect to the AccidentalQuality App and to comply with its obligations under this EULA and GDPR. To the extent AccidentalQuality will process personal data, it will comply with its obligations under applicable data protection law.
  3. Data processed by the AccidentalQuality App and by AccidentalQuality will never be sold to a third party or otherwise. It is solely for the use of the AccidentalQuality App and You.

6. Disclaimer

  1. You Use the AccidentalQuality App at Your own risk and the entire risk as to satisfactory quality, performance and accuracy is with You.
  2. The AccidentalQuality App and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and AccidentalQuality specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by AccidentalQuality, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and You may not rely upon such information or advice.

7. Liability limitation

  1. The liability of AccidentalQuality and any third party that has been involved in the creation, production, or delivery of the AccidentalQuality App for all damages arising out of or in any way relating to the AccidentalQuality App and/or this EULA shall in no event exceed the total amount(s) paid by You to AccidentalQuality in the period You had an active Subscription with AccidentalQuality.
  2. AccidentalQuality and any third party that has been involved in the creation, production, or delivery of the AccidentalQuality App are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the AccidentalQuality App).
  3. The limitations of liability referred to in clause 7.1 and 7.2 shall not apply in the event that: (i) any negligence on the part of AccidentalQuality leads to death or physical injury or (ii) damages arise from the intent, willful misconduct or gross negligence of AccidentalQuality or the management of AccidentalQuality.

8. Termination

  1. This EULA will continue to be in force until the expiry or termination of the AccidentalQuality App Subscription.
  2. The Subscription will terminate if You chose to cancel it, unless renewed or reactivated prior to the end of the applicable term.
  3. AccidentalQuality is entitled to terminate the AccidentalQuality App Subscription by blocking You during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your fee for the Subscription within the applicable payment term, or in the event AccidentalQuality is required to do so by law or an order of an applicable court.
  4. Upon termination of the AccidentalQuality App Subscription, You shall cease all use of the AccidentalQuality App.
  5. You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

9. Governing law and disputes

  1. This EULA shall be governed by and construed in accordance with the laws of Denmark, excluding its conflicts of law rules.
  2. Any dispute between AccidentalQuality and You shall be submitted to the competent court in Copenhagen, Denmark and if need be escalated to European courts.