This End User License Agreement (“EULA”) is a binding contract between you and Ludique Comunicaciones Limitada (“Licensor,” “we,” “us”) for the TangleTag mobile application and any related updates, documentation, or accompanying materials (the “App”). By downloading, installing, accessing, or using the App, you agree to this EULA and to the Terms of Use and Privacy Policy. If you do not agree, do not use the App and delete it.
Subject to this EULA, we grant you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the App on devices you own or control, solely to access the TangleTag service for your lawful internal purposes. We and our licensors retain all right, title, and interest in the App. No other rights are granted, whether by implication, estoppel, or otherwise.
You will not, and will not permit anyone to: (a) copy, modify, translate, or create derivative works of the App except as the law expressly allows and cannot be waived; (b) reverse engineer, decompile, or disassemble the App except to the limited extent that applicable law prohibits this restriction; (c) rent, lease, sell, sublicense, or commercially exploit the App; (d) circumvent security, usage, or access controls; (e) use the App to develop a competing product; or (f) remove proprietary notices.
If you obtained the App from Apple or Google, you also agree to that store’s terms. Those stores are not parties to this EULA, have no obligation to provide support or maintenance, and are not responsible for claims relating to the App, including product-liability, consumer-protection, privacy, or intellectual-property claims, to the maximum extent permitted by law. Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you.
We may provide updates that modify or remove features. Updates may be required to keep using the App. We may change this EULA. If we do, we will post a revised version and may require you to accept a new version in the App before continued use. Continued use after the effective date of a revised EULA is acceptance of the revision where permitted by law.
This license lasts until terminated. It terminates automatically if you breach it. We may suspend or terminate your license and access at any time, with or without notice, including if we discontinue the App. On termination you must stop using the App and delete all copies. Sections that by their nature should survive (including ownership, disclaimers, limitation of liability, indemnity, and governing law) survive termination.
THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF HARMFUL CODE, OR THAT DATA WILL NOT BE LOST. YOU USE THE APP AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE APP OR THIS EULA WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE APP IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) TEN US DOLLARS (US$10). IF YOU PAID NOTHING, THE CAP IS US$0 TO THE EXTENT THE LAW ALLOWS A ZERO CAP, OTHERWISE THE MINIMUM AMOUNT THE LAW REQUIRES. THESE LIMITS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
You will defend, indemnify, and hold harmless Ludique Comunicaciones Limitada and its officers, directors, employees, agents, affiliates, and licensors from any claim, damage, loss, liability, cost, and expense (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the App; (b) your content or projects; (c) your breach of this EULA or the Terms of Use; (d) your violation of law or third-party rights; or (e) your invitations or the conduct of people you allow into a project.
You will comply with export and sanctions laws. The App is not designed for use in hazardous environments requiring fail-safe performance (including operation of nuclear facilities, aircraft navigation, or life-support). You will not use it for those purposes.
This EULA is governed by the laws of the Republic of Chile, excluding conflict-of-law rules. Courts located in the Republic of Chile have exclusive jurisdiction, except that we may seek injunctive relief in any forum. If you are a consumer and mandatory local law gives you non-waivable rights or a different forum, those rights remain.
This EULA, together with the Terms of Use and Privacy Policy, is the entire agreement for the App. If a provision is unenforceable, it will be modified to the minimum extent necessary, and the rest remains in force. Our failure to enforce a provision is not a waiver. You may not assign this EULA. We may assign it. Headings are for convenience only.
Questions: contacto@ludique.cl. Ludique Comunicaciones Limitada, Las Urbinas 87 of 16 Providencia.