EULA BST GO.Live

BST Go.live  – EULA

1. Introduction: Thanks for choosing BST Go.live by BMBsocial, s.r.o. (“BST Go.live”, „BMBsocial, s.r.o.“, „BST“, “we”, “us”, “our”).

In order to use the BST Go.live, you need to (1) be 18 or older, or be 13 or older and have your parent or guardian’s consent to the Agreements (except as set forth in the chart below), (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) be resident in a country where the Service is available. You also promise that any registration information that you submit to BST Go.live is true, accurate, and complete, and you agree to keep it that way at all times.

If you are a resident of one of the following countries, reference this chart for your country-specific age restrictions:

• Chile, Ecuador, Paraguay, Peru
  • Must be 18 or older, or be 15 or older and have parent or guardian consent.
• Brazil
  • Must be 18 or older, or be 16 or older and have parent or guardian consent.
• Nicaragua, Taiwan
  • Must be 20 or older, or be 13 or older and have parent or guardian consent.
• Bulgaria, Hungary, Germany
  • Must be 18 or older, or be 14 or older and have parent or guardian consent.
• Italy
  • Must be 13 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 13 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you).
• Malaysia
  • Must be 18 or older, or if 13 to 18, parent or guardian consent is required, and guardian enters into agreement
• Lithuania
  • Must be 13 or older to use Service. For Paid Subscriptions, you must be 18 or older, or be 14 or older with parent or guardian consent. If you are 13 to 18, guardian enters into agreement.
• Canada
  • Must be 13 or older to use Service. For Paid Subscriptions, you must be age of majority in your province or territory of residence, or 13 or older with parent or guardian consent.
• Spain
  • Must be 14 or older to use Free Service. To register for a Paid Subscription, you must be 18 or older, or be 14 or older and have parent or guardian consent (your parents/guardians will enter into contract on behalf of you).

1. Preamble: This Agreement, signed on Jun 30, 2017 (hereinafter: Effective Date) governs the relationship between BST Go.live, a Business Entity, (hereinafter: Licensee) and BMBsocial, a duly registered company in whose principal place of business is Krížna 20 (hereinafter: Licensor). This Agreement sets the terms, rights, restrictions and obligations on using BST Go.live (hereinafter: The Software) created and owned by Licensor, as detailed herein
2. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Pepetual, Commercial, Royalty free, Without the rights to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions set forth in 3rd party software used while running Software.
   1. Limited: Licensee may use Software for the purpose of:
      1. Running Software on Licensee’s Website[s] and Server[s];
      2. Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];
      3. Publishing Software’s output to Licensee and 3rd Parties;
      4. Distribute verbatim copies of Software’s output (including compiled binaries);
      5. Modify Software to suit Licensee’s needs and specifications.
   2. The license is granted for a period of one month. After signing in via the FB account, a license key will be assigned to your email and will be validated it at our license server. In the period when the application will be offered for free or for Facebook like, this license will automatically be extended for the next month after it is terminated. BST reserves the right not to extended the free licenses or licenses for Facebook like, after it is terminated, without giving any reason.
   3. Binary Restricted: Licensee may sublicense Software as a part of a larger work containing more than Software, distributed solely in Object or Binary form under a personal, non-sublicensable, limited license. Such redistribution shall be limited to unlimited codebases.
   4. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
   5. Commercial, Royalty Free: Licensee may use Software for any purpose, including paid-services, without any royalties
3. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement, including Licensee’s license in the case where Licensee :
   1. became insolvent or otherwise entered into any liquidation process; or
   2. exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; or
   3. Licensee was in breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; or
   4. Licensee in breach of any of the terms of clause 2 to this license; or
   5. Licensee otherwise entered into any arrangement which caused Licensor to be unable to enforce his rights under this License.
4. Third Party Applications: The BST Go.live is integrated with third party applications, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that BMBsocial,s.r.o. (BST Go.live) does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
5. User-Generated Content: BST Go.live users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, videos, streaming, and/or other types of content) (“User Content”).
   1. You promise that, with respect to any User Content you post by BST, (1) you have the right to post such User Content, and (2) such User Content, or its use by BST as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by BST or any author, entity or individual without express written consent from such individual or entity.
   2. BST may, but has no obligation to, monitor, review, or edit User Content. In all cases, BST reserves the right to disable access to any User Content for any or no reason, including but not limited to, User Content that, in BST’s sole discretion, violates the Agreements. BST may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
   3. You are solely responsible for all User Content that you post. BST is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST BST RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD BST HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
6. Payment: In consideration of the License granted under clause 2, Licensee shall pay Licensor a fee, via Credit-Card, PayPal or any other mean which Licensor may deem adequate. Failure to perform payment shall construe as material breach of this Agreement.
   1. Codes and other pre-paid offers: If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of BST for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
   2. Trials: From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). BST reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. For some Trials, we’ll require you to provide your payment details to start the Trial. AT THE END OF SUCH TRIALS, WE MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE PAID SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. BY PROVIDING YOUR PAYMENT DETAILS IN CONJUNCTION WITH THE TRIAL, YOU AGREE TO THIS CHARGE USING SUCH PAYMENT DETAILS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR BST ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR BST ACCOUNT BEFORE THE END OF THE TRIAL. IF YOU DO NOT WANT TO CONTINUE TO BE CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION THROUGH YOUR BST ACCOUNT’S SUBSCRIPTION PAGE OR TERMINATE YOUR BST ACCOUNT BEFORE THE END OF THE RECURRING MONTHLY PERIOD. PAID SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, BST WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. THE LIMITATION SECTION SETS FORTH ADDITIONAL TERMS REGARDING CANCELLATION OF YOUR PAID SUBSCRIPTION.
7. Upgrades, Updates and Fixes: Licensor may provide Licensee, from time to time, with Upgrades, Updates or Fixes, as detailed herein and according to his sole discretion. Licensee hereby warrants to keep The Software up-to-date and install all relevant updates and fixes, and may, at his sole discretion, purchase upgrades, according to the rates set by Licensor. Licensor shall provide any update or Fix free of charge; however, nothing in this Agreement shall require Licensor to provide Updates or Fixes.
   1. Upgrades: for the purpose of this license, an Upgrade shall be a material amendment in The Software, which contains new features and or major performance improvements and shall be marked as a new version number. For example, should Licensee purchase The Software under version 1.X.X, an upgrade shall commence under number 2.0.0. New version of The Software blocks old version.
   2. Updates: for the purpose of this license, an update shall be a minor amendment in The Software, which may contain new features or minor improvements and shall be marked as a new sub-version number. For example, should Licensee purchase The Software under version 1.1.X, an upgrade shall commence under number 1.2.0.
   3. Fix: for the purpose of this license, a fix shall be a minor amendment in The Software, intended to remove bugs or alter minor features which impair the The Software's functionality. A fix shall be marked as a new sub-sub-version number. For example, should Licensee purchase Software under version 1.1.1, an upgrade shall commence under number 1.1.2.
   4. New versions: If we create a new version of the Software, we reserve the right to block the old version.
8. Support: Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
   1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
   2. Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licensee shall waive any claim or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the feature solely by himself.
9. Service limitations and modifications:
   1. BST will make reasonable efforts to keep the BST Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, BST reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the BST Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the BST Service or any function or feature thereof. Notwithstanding the foregoing, if you have prepaid fees for Paid Subscriptions that BST permanently discontinues prior to the end of the Pre-Paid Period (defined in the Payments, cancellations, and cooling off section), BST will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. You understand, agree, and accept that BST has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. BST and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
   2. Thried party software limitations: BST is not responsible for the availability of third party services. The provided apps communicate via the Facebook API and therefore, if the Facebook API is unavailable or if the Facebook API changes, our application or the service may stop working partially or totally. We do not have to fix application in this case.
10. Customer support: For customer support with account-related and payment-related questions (“Customer Support Queries”), please submit a ticket to our customer service department using the Customer Service contact form on the About Us section of our website. We will use reasonable endeavours to respond to all Customer Support Queries within a reasonable time frame but we make no guarantees or warranties of any kind that any Customer Support Queries will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
11. Liability:  To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by Licensee as a result of Software’s actions, failure, bugs and/or any other interaction between The Software  and Licensee’s end-equipment, computers, other software or any 3rd party, end-equipment, computer or services.  Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on The Software or using The Software’s source code.
12. Warranty:  
    1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any infringement or violation of any 3rd party intellectual property rights.
    2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional. Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on License’s Server[s] and Website[s].
    3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs, that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.
13. No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly, as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if The Software contains material flaws.
14. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s consent prior to any settlement in relation to such lawsuit or claim.
15. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied, in part or in full.