Terms of Use and License Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

By accessing or using this site, or any service on this site, you signify your complete agreement to these Terms and Conditions of Use (hereinafter referred to as the “Terms and Conditions”) as well as your obligation to be obey Terms and Conditions while accessing and using PocketPort Application. If you do not agree to these Terms and Conditions, stop using or accessing this site immediately.

The GARIO LABS, a.s. (hereinafter referred to as the “GARIO LABS”) reserves the right to amend, modify or remove the Terms and Conditions at any time with immediate effect. Whenever you access or use this site review the Terms and Conditions first, because your access or use of the site, or any service on this site, after the posting of modifications to the Terms and Conditions will automatically constitute your acceptance of modified Terms and Conditions.

PocketPort is a mobile application that helps you track your investment ideas, convictions and portfolios (“Application”).

THIS APPLICATION LICENSE AGREEMENT (“LICENSE AGREEMENT”) IS THE LEGAL AGREEMENT BETWEEN YOU AND GARIO LABS, A.S.. (A COMPANY INCOPORATED BY THE LAWS OF SLOVAKIA) WITH RESPECT TO GARIO LABS´S PROPRIETARY SOFTWARE APPLICATION KNOWN AS “PocketPort” (“SOFTWARE”). UPON RECEIPT OF YOUR APPLICATION INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENCE AGREEMENT AND UPON ACCEPTANCE OF SUCH APPLICATION BY THE GARIO LABS, THE GARIO LABS SHALL LICENCE TO YOU THE SOFTWARE.

BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS (“TERMS OF USE”); IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, UNINSTALL THE SOFTWARE AND DO NOT USE IT IN ANY MANNER WHATSOEVER. YOU ASSUME ALL RISK WITH RESPECT TO THE SOFTWARE AND ACKNOWLEDGE THAT THE SOFTWARE MAY HAVE DEFECTS OR DEFICIENCIES, AND THAT CERTAIN FEATURES AND FUNCTIONS IN SUCH SOFTWARE MAY NOT BE IN SUBSEQUENT RELEASES.

1. BASIC TERMS OF USE


1.1 You must be 18 years or older to use this site or PocketPort.
1.2 You are responsible for any activity that occurs under your screen name.
1.3 You are responsible for keeping your password secure.
1.4 You must not abuse, harass, threaten, impersonate or intimidate other PocketPort users.
1.5 You may not use the PocketPort service for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding online conduct and acceptable content.
1.6 You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (“Content”) that you submit, post, and display on the PocketPort service.
1.7 You must not modify, adapt or hack PocketPort or modify another website so as to falsely imply that it is associated with PocketPort or GARIO LABS.
1.8 You must not create or submit unwanted email or messages (“Spam”).
1.9 You must not transmit any worms or viruses or any code of a destructive nature.
1.10 You must not, in the use of PocketPort, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.11 You must take responsibility for the side effects of adopting any behavior in PocketPort; the GARIO LABS makes no claims about the effectiveness of any habit or advice that you find in PocketPort.

2. GENERAL TERMS AND CONDITIONS


2.1 GARIO LABS reserve the right to refuse service to anyone for any reason at any time.
2.2 GARIO LABS reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, you will be notified via email. What constitutes a “material change” will be determined at GARIO LABS´s sole discretion, in good faith and using common sense and reasonable judgement.
2.3 GARIO LABS reserves the right to modify or terminate the PocketPort service for any reason, without notice at any time.
2.4 GARIO LABS may, but have no obligation to, remove Content and accounts containing Content that determines in its sole discretion as unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violating any party’s intellectual property or these Terms of Use.
2.5 The PocketPort service makes it possible to post images and text hosted on PocketPort and/or GARIO LABS to outside websites. This use is accepted and even encouraged). However, pages on other websites which display data hosted on PocketPort must provide a link back to PocketPort.

3. OTHER TERMS AND CONDITIONS


3.1 Grant of License
Subject to your compliance with the terms and conditions set forth herein, GARIO LABS, as author, hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the Software on your mobile device for the sole purpose of accessing, opening and using the capabilities and services enabled via the Software (“License”). The license is granted for the term of this License Agreement. This Software is not a free software. You may use this software for evaluation purposes without charge for a period of ……. days. If you use this Software after the ….. day evaluation period, a registration fee is required – registration method and registration fee is defined in sec. 3.3 of this Article.

3.2 Restrictions on Use
You are not entitled to (in any case whatsoever):
a) copy, modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based thereon;
b) install the Software onto a server so that it is accessible via a public network;
c) share or permit other individuals/entities to use the Software, rent, lease or transfer the Software or rights to use it;
d) delete or modify any attributions, legal notices or other proprietary designations in the Software or part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to GARIO LABS at law or in equity.This License is personal to you and you agree not to assign your rights herein.

3.3 Fees and payment
At the end of the 14 day trial period, users will have to subscribe to either a monthly ($9.99 per month) or yearly ($99.99 per year) program in order to continue using the application. The subscription will automatically renew and the account will continue being charged on a monthly or yearly basis (as per the subscription program purchased) until autorenewal is turned off in account settings. Users can also unsubscribe by selecting the ‘Unsubscribe’ option in the ‘Settings’ of PocketPORT application menu.

3.4 Title and Ownership
The Software and any revisions, modifications, enhancements and/or derivatives thereof are owned by GARIO LABS and/or its licensors and are protected under copyright laws and treaties. All right, title, and interest in and to the Software, including all associated intellectual property rights are and shall remain owned solely by GARIO LABS and/or its licensors.
You acknowledge that the Software in source code form remains a confidential trade secret of GARIO LABS and/or its suppliers and therefore you agree not to modify the Software or attempt to decipher, decompile, disassemble or reverse engineer the Software, except to the extent applicable laws specifically prohibit such restriction.

3.5 Updates/Upgrades
GARIO LABS improves from time to time the Software and may update/upgrade the Software at its sole discretion, with or without notification. Some updates/upgrades may be optional and some may be mandatory in order to operate the Software At its sole discretion, GARIO LABS, regarding updates/upgrades:
– may notify you through a patch process, or by email, or website posting of such updates or upgrades available for download;
– may, but is not obligated to, provide email and/or internet based support with online help.

3.6 Third Party Software
Any third party software that may be provided with the Software is included for use at your option.
Such third party software is provided under the terms of the License attached/linked thereto or, if no such license is attached, such third party software is provided “AS IS”. GARIO LABS shall not be liable in any way for any losses or damages which may occur from the use of any third party software.

3.7 Compliance with Law
This Software is intended for use only in compliance with applicable laws and only with properly licensed media and content. You undertake to use the Software in accordance with all applicable laws, including without limitation, all applicable export laws, restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such laws, restrictions and/or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
This License Agreement shall be construed and governed in accordance with the laws of Slovakia (regardless of its conflict of law provisions) and the competent courts in Slovakia shall have exclusive jurisdiction over any dispute arising out of or related to this License Agreement.

3.8 Changes to Software or License Agreement
GARIO LABS may modify, suspend, or discontinue any aspect of the Software at any time. GARIO LABS reserves the right to modify the terms of this License Agreement, whereby material changes will be disclosed to you through a patch process or through website posting. Except for changes to this License Agreement that affect your privacy, which shall be subject to your specific acceptance, your continued use of the Software, following any revision of the Software or this License Agreement, constitutes your acceptance of any such changes.

3.9 Warranty Disclaimer
GARIO LABS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THIS SOFTWARE OR ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE, FOR ANY PURPOSE. THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GARIO LABS DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. QUOTES AND OTHER INFORMATION ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND ARE NOT INTENDED FOR TRADING PURPOSES. NEITHER GARIO LABS NOR ANY OF ITS DATA OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY ERRORS OR DELAYS IN THE CONTENT, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON.

3.10 Limitation of Liability
THIS SOFTWARE IS PROVIDED GRATUITOUSLY AND, ACCORDINGLY, GARIO LABS OR ITS LICENSORS SHALL NOT BE UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE) LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GARIO LABS´S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO GARIO LABS FOR USE OF THE SOFTWARE, EVEN IF GARIO LABS HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.

3.11 Licence Agreement termination
Without prejudice to any other rights, this Agreement and your right to use this Software automatically terminates if you fail to comply with any provision of this License Agreement. GARIO LABS may terminate this License Agreement at any time with or without prior notice by delivering termination notice to you. You may terminate this License at any time by stopping your use thereof and un-installing the Software. Upon termination of this License you agree to destroy or erase the Software.

4. FINAL PROVISIONS


This License Agreement shall constitute the complete and exclusive agreement between GARIO LABS and you. If any provision of this License Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

Failure of GARIO LABS to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

GARIO LABS´S ACCEPTANCE OF YOUR USE OF THE SOFTWARE, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN.