GLOBBLE PLATFORM END-USER LICENCE AGREEMENT (EULA)

Last updated on 03.03.2023

We/Us/Our/’Globble’ means Akos Jex of 15 Block C, Fl 9, St. Peters Court Triq L-Isponoz, San Pawl Il-Bahar, Malta (trading as “Globble”)

You/Your/Yourself means, unless specified, the Customer and the Authorised User of the Mobile App.

Use of the Globble Platform (as defined in the Globble Platform Terms and Conditions is being provided to You by Globble, owner of the said Platform which includes the Globble software/mobile application (“App”).

Thank you for selecting Globble.  In order to access and/or use the Platform/App, kindly read this document in full and acknowledge that You have agreed to this End-User Licence Agreement (“EULA”). By clicking the “I Accept” button when installing the Platform/App, You will agree to both this EULA and the Globble Platform Terms and Conditions  (the “T&Cs”). Before using Globble’s services You will also need to read and acknowledge having read Our Privacy Policy.

You may view the most recent version of this EULA within the App at any time via the ‘Legal Documents’ tab or option on the said App .

This EULA constitutes a binding agreement between You, the Customer of Globble services and/or Authorised User of the Platform/App, and Globble concerning the use of the Platform and any and all software and technology made available by Globble (including the App) for the use of this Platform/App by You on this mobile device subject to this EULA (hereinafter the “Mobile App”).

1. Definitions

1.1    For the purposes of this EULA the following definitions apply:

“Authorised Users” shall refer to the Customer or any person authorised by the Customer to access this Mobile App for the use of Platform.

“Customer” shall refer to the individual or entity that is making use of any and all Globble services online or otherwise, as agreed in the Globble Platform Terms and Conditions  and in this EULA, which services include the Platform offered via this Mobile App.

• General

• Globble hereby grants a revocable, non-exclusive, non-transferable right to You the Customer to install, access and use this Mobile App on any mobile device owned and controlled by You, subject to this EULA. This right of use will start when You have downloaded the Mobile App and use it for the first time and will continue until the use of the Platform has ended in terms of this EULA. You may only use the Mobile App as permitted by any and all terms and conditions You are bound to, including but not limited to the Globble Platform Terms and Conditions .
  • You, the Customer, shall be responsible for any violations of this EULA by any Authorised User who makes use of the Mobile App on any device that You own and/or are otherwise responsible for.You the Customer agree to bring these terms to the attention of any other Authorised Users that may use this Mobile App via any device which You own and/or for which You are responsible.
  • By making the Platform available (via the Mobile App), Globble is not offering the Customer or any Authorised Users any additional services (including the services offered by any third party on or via the Mobile App. 

• Termination

3.1    Globble may terminate the Platform and/or related services offered through this Mobile App and all the rights and obligations under this EULA at any time and for any reason subject to a notice period of thirty (30) days.

• Declaration of Sole Responsibility

4.1    Globble alone, to the exclusion of all other persons (including but not limited to the internet service and/or mobile network provider or any other intermediary making this Mobile App available for download) is responsible for the Mobile App and its content, barring any use that is made of it by any Authorised User, and no other person with the exception of Globble is under any responsibility or obligation to the Customer in relation to the App, nor will any such person provide maintenance and support services for the App. For the avoidance of all doubt, third-party services offered on or via the App fall outside the scope of this EULA. Please read the Globble Platform Terms and Conditions for more information on this.

• Data Charges

5.1    Globble is not responsible for any additional charges including but not limited to roaming charges from Your mobile service or internet service provider may apply in conjunction with the services provided on or via this Mobile App.

• No Warranties

• This Mobile App is provided on an “as is” and “as available” basis, with no warranties or guarantees of any kind as to its functionality or quality including but not limited to any implied warranties of merchantability, fitness for purpose or non-infringement, nor shall any warranty be provided to the effect that the Mobile App is free from defects or viruses or that access to the Mobile App will be uninterrupted or without delays or failures. To the extent any warranty exists under law that cannot be disclaimed, Globble shall be solely responsible for such warranty.
  • Your use of the Mobile App and any other material downloaded or made available through the Mobile App or any other application on this device or on any other device is at the Customer’s own discretion and risk. The Authorised User is responsible for adequate protection and back up of data and/or equipment and for undertaking reasonable and appropriate precautions to scan for computer viruses or other destructive properties.
  • Globble is not responsible for any third-party software that may be used in connection with the Mobile App.

• Changes to the EULA

• Globble may change any part of this EULA at any time, provided that Globble shall provide the Customer with due notice of the same and a notice period sufficient to allow the Customer to withdraw from the Platform/Mobile App and/or related services and this EULA before the change takes effect. 
  • Such withdrawal shall be without charge, and shall be effected by deleting the Mobile App, provided that any terms and conditions surviving the termination of the current version of this EULA shall continue to apply even after such withdrawal.
  • Should Authorised Users continue to use this Mobile App after the relevant notice period ends, it will be assumed that the Customer has accepted the changes and the said changes will take effect automatically.

• Permitted Use

• This Mobile App is to be used solely for the purpose of any Authorised User’s personal use and shall not be used by any Authorised User or other person for any other purpose that goes beyond this scope, and the restricted activities described under this EULA, and in particular under this Clause 8, are not exhaustive.
  • In particular the Authorised User must not use this Mobile App on any device or operating system that has been modified in such a way as to eliminate software restrictions imposed by the mobile service provider, or the operating system or mobile manufacturer without their approval, or on any device that has been modified as a result of similar methods, acts or procedures carried out on the said device more commonly known as “jail-breaking” or “rooting”. If Globble continues to make this Mobile App available to You even notwithstanding violation of the condition under this clause 8.2, this decision shall not constitute a waiver of any Globble rights or remedies, nor of Your obligations, under this or any other clause.
  • Authorised Users shall not use the Mobile App for any commercial enterprise or profit-generating activities or related purposes for which this Mobile App was not designed.
  • The Authorised User may not use the Mobile App for any purpose which is unlawful, abusive or obscene.
  • You, the Customer, agree to install any security updates and/or application patches for this Mobile App as they become available.
  • The Authorised User shall be responsible for all claims, damages and costs arising from their use of this Mobile App, or from any breach of this EULA.
  • The Customer shall be responsible for all claims, damages and costs arising from Globble’s reliance on information that Customer or any Authorised User has provided.

• Links to Third Party Sites or Content

9.1    Globble does not endorse and is not responsible for any websites or other online material linked through this Mobile App (including but not limited to any Partner website and/or product/service made available on or via the Mobile App) and Globble recommends that Customers and/or Authorised Users view the linked website’s terms, privacy and cookie policy pages to understand how use of that website may affect them. Globble is furthermore not responsible for the accuracy, timeliness or the continued availability or the existence of content, hyperlinks, or third-party websites or pages linked to the Mobile App.

1. Intellectual Property Rights

1. You the Customer acknowledge and agree that all right, title and interest in and to the downloaded software to be used for access to the Platform provided under this Mobile App and the computer programs contained therein in machine readable object code form as well as any accompanying user documentation along with all subsequent copies, updates or versions thereof which are made available to You (if any), regardless of the media or form in which they may exist shall continue to vest in Globble or any third-party provider or licensor of the software underlying the Mobile App (“Licensor“) as the case may be.
   1. Nothing in this EULA shall be construed as a transfer or license over any vested, contingent and future intellectual property rights belonging to Globble, or any rights which have been lawfully licenced to Globble by any Licensor, including but not limited to patents, utility models, rights to inventions, mathematical methods, mathematical formulas, mathematical algorithms, copyright and neighbouring and related rights, aesthetic creations, moral rights, sui generis rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, design rights (whether registered or unregistered), rights in computer software, database rights, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (hereinafter “IP Rights”).
   1. Any claims from Authorised Users or third parties relating to this Mobile App or its possession or use, including alleged breaches of third-party IP Rights, product liability claims and compliance with legal or regulatory requirements and consumer protection claims, should be directed solely to Globble.
   1. Authorised Users shall not, in particular, copy, modify, alter or adapt (which includes enhancement, translation and the creation of derivative works), tamper, decompile or reverse engineer any part of the App or all of it, nor may they in any way attempt to access or derive any part of the software code underlying the Mobile App or decrypt the decrypt the said software for any purpose.

1. Complaints

11.1 All notices questions or complaints must be addressed to and sent in writing by the Customer to Globble. To the extent You have any claim arising from or relating to Your use of the Mobile App, Globble is solely responsible for addressing such claims. Nothing in this EULA shall be deemed an admission that You may have such claims.

1. Special Provisions Concerning the Rights and Obligations under this EULA

1. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of this EULA will continue in full force and effect.
   1. If any part of this EULA becomes invalid, illegal or unenforceable for any reason at all, this will not affect the validity of the remaining EULA terms.
   1. Nothing in this EULA will reduce the Customers’ statutory rights (including but not limited to any rights of the Customer as a consumer).

1. Governing Law and Jurisdiction

13.1  This EULA is governed by the same laws as the Globble Platform Terms and Conditions 

1. Termination

1. Globble may end this EULA immediately and the Platform and/or any related services immediately without notice and without the need to cite reasons.
   1. Globble will nevertheless notify You if it terminates this EULA pursuant to clause 14.1. This can include notification by SMS, a message when You log onto the Mobile App, by e-mail, or in any other way that will be sent to You.
   1. You can end this EULA at any time by deleting the App from Your mobile device(s).
   1. Upon termination of this licence for any reason;

(i) You must remove the Mobile App from any device which You own and/or for which You are responsible and 
(ii) destroy all copies of the Mobile App including all components of it in Your possession; and 
(iii) all rights You have in respect of the Mobile App will immediately end.

14.5.  If You change or dispose of the mobile device which You own and/or are responsible for and on which the Mobile App is installed, You must delete the Mobile App from such mobile device.

Last Updated on 03.03.2023

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