END USER LICENSE AGREEMENT, LIMITED PRODUCT WARRANTY, TERMS AND CONDITIONS
The following sections (‘End User License Agreement,’ ‘Limited Product Warranty’ and ‘Terms and Conditions’) govern the use by yourself or your company (‘User’) of the ‘Supercharger’ software (‘Software’) provided by BRAING8 LABS. These conditions constitute the entire agreement between the User and BRAING8 LABS regarding the Software and supersede any prior agreements, understandings, or communications related to its subject matter.
1. END USER LICENSE AGREEMENT (EULA)
1.1. Scope of License
1.1.1. BRAING8 LABS provides the Software and licenses its use to you. You are responsible for selecting the Software to achieve your intended results and for the installation, use and results obtained from the Software.
1.2. Installation and Use Rights
1.2.1. For personal use, you may install and use any number of copies of the Software on any number of physical or virtual systems belonging to you, as long as you will be the only person using the Software on those systems.
1.2.2. For company/corporate use, the Software may be installed on any number of physical or virtual systems belonging to that company, given that the established number of people using the Software in that company is not bigger than the number of licensed copies (that is, the seat count). As an exception, in pair-programming situations, a maximum of two people may simultaneously use the Software on the same system (which equates to one seat).
2. LIMITED PRODUCT WARRANTY
2.1. General
2.1.1. Except as specifically set forth in this agreement, the Software is licensed and provided on an "as is" basis, without any kind of warranty, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
2.1.2. BRAING8 LABS warrants that the Software will substantially perform the functions or generally conform to the Software's specifications as published by BRAING8 LABS. BRAING8 LABS does not warrant that the functions contained in Supercharger will meet your requirements or that the operation of the Software will be entirely error free or appear precisely as described in the Software's documentation or on its website.
2.2. Ownership Rights, Remedies and Liabilities
2.2.1. The Software, including its code, documentation, appearance, structure and organization, is a proprietary product of BRAING8 LABS and is protected by the law. Title to the Software, or any copy, modification or merged portion of the Software, shall at all times remain with BRAING8 LABS.
2.2.2. In no event will BRAING8 LABS be liable for any damages, including lost profits, lost savings, or other direct, indirect, incidental or consequential damages, arising out of the use or inability to use the Software, even if BRAING8 LABS or a dealer authorized by BRAING8 LABS had been advised of the possibility of such damages.
3. TERMS AND CONDITIONS
3.1. Payment and Refund Policy
3.1.1 Payment Terms: Payment for the Software is due upon purchase. All payments are final unless otherwise specified under the refund policy.
3.1.2 Refund Policy: Refunds are granted only in cases where the Software does not substantially perform as specified, and where the issue is reported within 30 days of purchase. Refund requests must be submitted via the designated support channels with proof of purchase and a description of the issue. Please note this will result in license key deactivation.
3.1.3 Currency and Fees: All prices are listed in USD unless otherwise specified, and the User is responsible for any transaction fees or currency conversion charges imposed by their payment provider.
3.2. User Responsibilities
3.2.1 Lawful Use: You agree to use the Software in compliance with all applicable laws and regulations. You may not use the Software for any illegal or unauthorized purposes, including but not limited to intellectual property infringement or distribution of malicious software.
3.2.2 Account Security: If the Software requires the creation of an account, you are responsible for maintaining the confidentiality of your login credentials and all activities that occur under your account.
3.3. Privacy Policy
3.3.1 Data Collection: BRAING8 LABS may collect data related to your use of the Software for purposes such as improving functionality and customer service. No personal data will be collected without your explicit consent, except as required by law.
3.3.2 Third-Party Services: The Software may interact with third-party services. The use of these services is subject to their respective privacy policies, and BRAING8 LABS is not responsible for their data practices.
3.4. Limitation of Liability
3.4.1 BRAING8 LABS will not be liable for any indirect, incidental, or consequential damages, including but not limited to lost profits, business interruption, or loss of data, arising out of the use or inability to use the Software.
3.4.2 BRAING8 LABS’s total liability shall be limited to the amount you paid for the Software, even in cases of gross negligence or willful misconduct by BRAING8 LABS.
3.5. Governing Law and Dispute Resolution
3.5.1 Governing Law: These T&C and the EULA shall be governed by the laws of Romania, without regard to its conflict of laws principles.
3.5.2 Dispute Resolution: Any disputes arising out of or in connection with the use of the Software will first be attempted to be resolved through negotiation. If a resolution is not achieved, disputes will be referred to binding arbitration in Romania, with each party bearing its own costs, except as otherwise ordered by the arbitrator.
3.6. Termination
3.6.1 Termination by User: You may terminate this agreement at any time by uninstalling the Software and ceasing all use. No refunds will be issued after termination, except as outlined in the refund policy.
3.6.2 Termination by BRAING8 LABS: BRAING8 LABS may terminate this agreement if you fail to comply with the T&C or the EULA, with no obligation to refund any fees paid.
3.6.3 Upon termination, the license granted under the EULA will immediately cease, and you must destroy all copies of the Software.
3.7. Modifications to Terms
3.7.1 BRAING8 LABS reserves the right to modify these T&C at any time. If changes are made, a notification will be provided via the Software or email. Continued use of the Software after any modifications constitutes acceptance of the revised terms.