EULA

Last updated: Aug 8, 2023 4:03 PM

Please read this End User License Agreement ("EULA") carefully before installing and using the Bindygo, LLC software ("the Software") operated by Bindygo, LLC, a(n) Limited Liability Company formed in Virginia, United States as this EULA contains important information regarding the limitations of our liability. Your access to and use of the Software is conditional upon your acceptance of and compliance with this EULA. This EULA applies to everyone, including viewers, users, and others who wish to access or use the Software.

By accessing or using the Software, you agree to be bound by this EULA. If you disagree with any part of this EULA, you do not have our permission to access and use the Software. If you are dissatisfied with any portion of the EULA, or with any of the corresponding Terms of Service or other policies, your sole and exclusive remedy shall be to discontinue using the Software.

License rights

Bindygo, LLC grants you the non-exclusive, revocable, limited license to install and use the Software subject to the terms contained in this End User License Agreement. The license that is granted to you may be used for both personal (non-commercial) and business (commercial) uses. You are hereby prohibited from any reproduction of the Software. You may install any number of copies of this Software. Bindygo, LLC does not grant you any license, express or implied, to the intellectual property of the Company or our licensors, except as expressly authorized herein.

WARRANTY

NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) SHALL APPLY TO THE SOFTWARE; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. Bindygo, LLC MAKES NO WARRANTY REGARDING FREEDOM FROM BUGS OR UNINTERRUPTED USE. As such, all Software is provided "as-is" without warranty or condition of any kind. Bindygo, LLC and/or its suppliers hereby disclaim all warranties and conditions with regard to the Software, including.

LIMITATION OF LIABILITY

To the maximum extent permitted by law IN NO EVENT SHALL Bindygo, LLC BE LIABLE TO YOU FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THE SOFTWARE OR ANY BREACH OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS, DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SOFTWARE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO CUSTOMER’S RECORDS, PROGRAMS OR SERVICES), IRRESPECTIVE IF WE WERE ADVISED OF THE POSSIBILITY OF THE OCCURRENCE OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

MAXIMUM LIABILITY

THE AGGREGATE LIABILITY OF Bindygo, LLC ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY US FROM YOU FOR THE SOFTWARE.

Updates and Maintenance

Bindygo, LLC may need, from time to time, to make additions and upgrades to the Software. It shall be at the sole discretion of Bindygo, LLC to make releases of such updates to you, provided that you may need to agree to any changed EULA before the installation of the updates. Any updates and maintenance to the Software shall be done free of charge to you.

DISPUTE RESOLUTION

In the event the parties are not able to resolve any dispute between them arising out of or concerning this EULA, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns the EULA, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regard to the EULA or any disputes arising as a result of the EULA, whether directly or indirectly, including tort claims that are a result of the EULA. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of the EULA.

Changes

We reserve the right to make changes to this End User License Agreement at any time. We will not provide you with any notice when we make changes to this End User License Agreement.

Questions

If you have any questions about this EULA, please contact us at support@bindygo.com.