ECOSPIRITS END USER LICENSE AGREEMENT
Updated as of: 17 April 2023
ecoSPIRITS Pte. Ltd. “ecoSPIRITS” or “Licensor” is the Licensor of CircularONE (“Licensed Application”). By purchasing and downloading the Licensed Application, from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update(s) thereto, the End-User (“You” or “Your”) are deemed to have agreed and accepted the terms and conditions of this license agreement (“License Agreement”), including any amended version of this License Agreement that may be implemented from time to time.
For the avoidance of doubt, the Licensed Application is licensed, not sold, to You. You are responsible for reading and complying with any amended version of this License Agreement that is made available.
The parties of this License Agreement acknowledge that Apple App Store and Google Play Store (“Services”), including any third party service(s) and web sites (“Third Party 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.
This License Agreement does not provide for rules relating to usage of the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service, the usage rules of which are available on the relevant website of these Services.
CircularONE, when 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. CircularONE is to be used on devices that operate with Apple’s operating systems (“iOS”) or Google’s operating system (“Android”).
1.1 CircularONE is a centralised software solution custom built and configured by the Licensor. CircularONE stores and manages information from ecoTOTE, SmartPour, SmartKiosk, ecoPLANT, and any other devices that the Licensor may make available on the platform (“Products”), as well as user data and device operation information. CircularONE may make this information available for retrieval when needed. It also serves as a comprehensive cloud administration and hosting solution, offering management of the Products and data within a single platform.
1.2 The Licensed Application is created to enable You to register, track and manage the Products and check statistical data that are available on the Licensed Application.
1.3 In order to do so, You must download the Licensed Application on any iOS or Android mobile device (“Device”).
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to download and use the Licensed Application on any Device that You own or control and as permitted by the usage rules provided by the Services.
2.2 This License Agreement does not allow You to use the Licensed Application on any Device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not share or make the Licensed Application available to third parties unless they download the Licensed Application on their Device.
2.3 You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application under any circumstances.
2.4 You may not copy (except as expressly permitted by this License Agreement) the usage rules of the Services, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application.
2.5 The terms of this License Agreement will govern any upgrades of the Licensed Application provided by Licensor that replace, and/or supplement the Licensed Application, unless a separate license is provided for such upgrade, in which case the terms of that license will govern.
2.6 You may not copy or alter the Licensed Application or portions thereof.
2.7 You may not remove any intellectual property notices.
2.8 You acknowledge that no unauthorized third party(s) may gain access to the Licensed Application on your Device at any time. If you sell your Device(s) to a third party, you must remove the Licensed Application from the Device(s) before doing so.
2.9 Violations of the obligations mentioned above, as well as the attempt of any such intellectual property infringement, may be subject to prosecution and damages.
2.10 Licensor reserves the right to modify the terms and conditions of licensing.
2.11 Nothing in this License Agreement should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
It is your responsibility to ensure, according to the Services, that Your Device has the minimum requirements stated in the iOS or the Android platforms, to enable the Service to You.
4.1 The Licensor is under no obligations whatsoever to provide maintenance and support services for the Licensed Application.
4.2 Any maintenance and support provided by the Licensor is at its sole and sbsolute discretion.
4.3 Licensor and You acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support with respect to the Licensed Application.
5.1 Licensor reserves the right to collect and use the technical specifications and related information, including but not limited to, technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, Product support and other services to You (if any) related to the Licensed Application, as it sees appropriate at any time.
5.2 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 agreement with Licensor and Licensor’s privacy policy: https://ecospirits.global/privacy-policy.
5.3 Licensor may also use the foregoing information to improve its Products or to provide services or technologies to you in a form that does not personally identify You.
Google Analytics
Our Applications use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). The information generated by the cookie about your use of our Applications (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of our Applications, compiling reports on the Applications activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. Further information about Google’s privacy policy may be obtained from http://www.google.com/privacy.html.
6.1 The Licensed Application will request for your permission to enable the location based service, for real time navigation. You agree that by accepting the Application Programming Interface (“API”), You agree to Your location data to be collected, transmitted or otherwise used by the Licensor or third parties.
6.2 Location based services are for basic navigational purposes only and should not be relied upon for precise location services. In the event the location based service provides erroneous, inaccurate or incomplete location data that may lead to death, personal injury, property or environmental damage, the Licensor is not responsible nor liable to the same.
7.1 The Licensed Application may enable access to Third Party Services.
7.2 You may be required to accept additional terms of service by the Third Party Services, which You are required to read carefully and accept at Your sole risk. The additional terms of service(s) are to be read in conjunction with this License Agreement.
7.3 You acknowledge that the Services are third party beneficiaries to this License Agreement and therefore will have a right to enforce this License Agreement against You as a third party beneficiary thereof.
7.4 In using the Third Party Services, Licensor shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable and that you agree to use the Services at Your sole risk.
7.5 Further, Licensor does not warrant, endorse or assume any liability for any Third Party Services and you are solely responsibe to ensure legal and proper use of the Third Party Services.
7.6 Insofar as You choose to access the Licensed Application, You do so at your own initiative and are solely responsible for compliance with any applicable law, including local laws, of the Third Party Services.
8.1 Subject to the limited rights expressly granted in this License Agreement, Licensor reserves all of its rights, title and interest in and to the Licensed Application, including all of its related Intellectual Property Rights.
8.2 For the avoidance of doubt, no rights are transferred to you or any other person other than as expressly set out in this License Agreement.
8.3 No portion of the Licensed Application may be reproduced in any form or by any means.
8.4 You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Licensed Application and/or to use it in an unauthorised manner.
9.1 You will defend and hold harmless, and upon Licensor’s request, defend the Licensor and its directors, officers, employees, independent contractors and agents (each a “Licensor Indemnified Party”) from any and all claim, demand, damage, harm, cost, expense, liability, suit or proceedings brought against the Licensor by the Services and/or Third Party Services claiming that Your use of the Licensed Application infringes or misappropriates such Services and/or Third Party Services’ Intellectual Property Rights or arising from or related to any of Your breach of any terms and conditions of this License Agreement and of the Services (each a “Claim”) and will indemnify Licensor from any damages, attorney’s fees and costs.
9.2 You further acknowledge that the Licensed Application may contain or incorporate third party software. If you fail to comply with the terms of this License Agreement, You may also be in breach of third party software license(s) and legal action may be taken against You or the licensor of the third party for such default. You agree that You will indemnify the Licensor against all losses arising from any breaches of third party software license(s) incurred by You.
9.3 In no event shall Licensor’s liability to You for any Claim (other than as may be required by applicable law in cases involving personal injury) exceed the amount of Singapore dollars Fifty only (SGD50).
10.1 YOU ACKNOWLEDGE THAT THE LICENSED APPLICATION IS PROVIDED “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
10.2 USE OF THE LICENSED APPLICATION AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE ACCURACY AND EFFORT IS AT YOUR SOLE RISK AND NEITHER THE LICENSOR OR ITS AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTIBILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
10.3 THERE IS NO WARRANTY BY LICENSOR OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE.
10.4 YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE SERVICES TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
10.5 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
This License Agreement shall be governed by and construed in accordance with the laws of Singapore, excluding its conflict of law rules, relating to this License Agreement and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact: ecoSPIRITS Product team at : [email protected]
13.1 The license is valid until terminated by the Licensor or by You.
13.2 Your rights under this License Agreement will terminate automatically and without notice from the Licensor if You fail to adhere to any term(s) of this License Agreement, in which case, the Licensor may withdraw or deny Your access to the Licensed Application at any time and You may no longer use the Licensed Application.
13.3 Upon the termination of this License Agreement, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
14.1 If any of the terms of this License 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.
14.2 The failure of Licensor to enforce any provisions of this License Agreement is not to be construed as a waiver of the rights of the Licensor to enforce any of the provisions of this License Agreement.
14.3 All rights and obligations under this License Agreement shall not be assigned by You to any third party.