Latest Update: 14th October 2024

End User Licence Agreement (EULA)

PLEASE READ CAREFULLY BEFORE ACCESSING OR DOWNLOADING ANY SOFTWARE FROM THIS WEBSITE.

This licence agreement (”Licence”) is a legal agreement between you (”Licensee” or “you”) and GAIMIN LDA of Rua José Alfredo da Costa Azevedo, Lisbon, 2635 585, Portugal (”Licensor”, “us” or “we”) for:

We licence use of the Software and Documents to you on the basis of this Licence. We do not sell the Software or Documents to you. We remain the owners of the Software and Documents at all times.

IMPORTANT NOTICE TO ALL USERS

You should print a copy of this Licence for future reference.

  1. Grant and Scope of Licence
    1. In consideration of you agreeing to abide by the terms of this Licence, we grant to you a non-exclusive, non-transferable licence to use the Software and the Documents on the terms of this Licence.
  2. Your Smart Wallet
    1. GAIMIN’s Smart Wallet functionality is utlised to handle account registration, account management and other account functions and services.
    2. If this Software uses the Smart Wallet:
      1. You must register for Smart Wallet in order to access and use the Software. If, due to any other interaction between you and us, you already have a Smart Wallet, then you may log in to your Smart Wallet in order to access and use the Software.
      2. We may be required to verify your identity in order for you to register a Smart Wallet. You will receive instructions on how to do this when you register for a Smart Wallet. If such verification is required and you do not verify your identity when registering for your Smart Wallet, you will have limited functionality in your use of the Smart Wallet and your ability to interact with the Software.
      3. To register for a Smart Wallet, you will need to supply us with the information requested during registration and set up, including but not limited to your name, address, email address, a password and possibly some other personal information. See our Privacy Policy for more details about this.
      4. You must register a Smart Wallet using a valid email address that you access regularly, so that we can send administration and information emails to you.
      5. We reserve the right to reject registration of a Smart Wallet and to refuse use of or access to the Software to anyone for any reason at our absolute discretion.
      6. When you register for a Smart Wallet, you will be asked to create a password to access your Smart Wallet. You agree that you will not disclose your Smart Wallet credentials to anyone and you willl notify us immediately of any unauthorised use of your Smart Wallet. If you suspect that your Smart Wallet or any of your security details have been compromised or if you become aware of any fraud or attempted fraud or any other security incident (including a cyber-security attack) affecting you or your Smart Wallet, you must notify us immediately at [email protected]
      7. You acknowledge and agree that you are solely responsible for all activities that occur under your Smart Wallet, or are otherwise referable to your Smart Wallet credentials, whether or not you know about them. We reserve the right to suspend or terminate your Smart Wallet, including if you provide inaccurate, untrue, or incomplete information, or if you fail to comply with these Smart Wallet registration requirements or these terms.
      8. You acknowledge and agree that you are solely responsible for the retention and security of your Smart Wallet credentials, including but not limited your twelve word recovery phrase (Recovery Phrase) and your unique digital or hardware credentials (for example, iCloud and Google Passkeys, hardware authentication devices) that are tied to your smartwallet (Passkeys).
      9. Your Recovery Phrase and/or Passkeys are the only way to access any digital assets associated with your Smart Wallet. Anyone that has access to your Recovery Phrase and/or Passkeys can access your digital assets.
      10. IF YOU LOSE YOUR RECOVERY PHRASE AND/OR PASSKEYS, YOU WILL NOT BE ABLE TO ACCESS YOUR DIGITAL ASSETS. YOU ACKNOWLEDGE THAT WE DO NOT STORE AND ARE NOT RESPONSIBLE IN ANY WAY FOR THE SECURITY OF YOUR RECOVERY PHRASE AND/OR PASSKEYS. YOU AGREE TO HOLD US AND OUR AFFILIATES HARMLESS FOR ANY LOSSES ARISING FROM YOU LOSING YOUR RECOVERY PHRASE AND/OR PASSKEYS. YOU AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE IN ANY WAY IF YOU LOSE YOUR RECOVERY PHRASE AND/OR PASSKEYS AND CANNOT ACCESS YOUR DIGITAL ASSETS.
  3. Restrictions
    1. Except as expressly set out in this Licence or as permitted by any local law, you undertake:
      1. not to copy the Software or Documents except where such copying is incidental to normal use of the Software;
      2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Software or Documents;
      3. not to make alterations to, or modifications of, the whole or any part of the Software, nor permit the Software or any part of it to be combined with, or become incorporated in, any other programs;
      4. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Software nor attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act
      1. such actions cannot be prohibited because they are essential for the purpose of achieving interoperability of the Software with another software program, and provided that the information obtained by you during such activities: 1. is used only for the purpose of achieving interoperability of the Software with another software program; and 2. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and 3. is not used to create any software which is substantially similar to, or in competition with the Software;
      1. to supervise and control use of the Software and ensure that the Software is used by your employees and representatives in accordance with the terms of this Licence;
      2. not to provide or otherwise make available the Software in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person other than your employees and/or representative without prior written consent from us;
      3. to comply with all applicable technology control or export laws and regulations; and
      4. not use the Software via any communications network or by means of remote access.
  4. Intellectual Property Rights
    1. You acknowledge that all intellectual property rights in the Software and the Documents anywhere in the world belong to us, that rights in the Software are licensed (not sold) to you, and that you have no rights in, or to, the Software or the Documents other than the right to use them in accordance with the terms of this Licence.
    2. You acknowledge that you have no right to have access to the Software in source code form.
  5. Limited Warranty
    1. We warrant that the Software will, when properly used and on an operating system for which it was designed, perform substantially in accordance with the functions described in the Documents for a period of 90 days from the date of your first access to the Software (Warranty Period).
    2. The warranty does not apply:
      1. if the defect or fault in the Software results from you having altered or modified the Software; and
      2. if the defect or fault in the Software results from you having used the Software in breach of the terms of this Licence.
  6. Limitation of Liability
    1. You acknowledge that the Software has not been developed to meet your individual requirements, including any particular cybersecurity requirements you might be subject to under law or otherwise, and that it is therefore your responsibility to ensure that the facilities and functions of the Software as described in the Documents meet your requirements.
    2. We only supply the Software and Documents for internal use by your business, and you agree not to use the Software or Documents for any resale purposes.
    3. We shall not in any circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Licence for:
      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss of anticipated savings;
      4. wasted expenditure;
      5. loss or corruption of data or information;
      6. loss of business opportunity, goodwill or reputation; where any of the losses set out in condition 6.a.i to condition 6.a.vi are direct or indirect; or
      7. any special, indirect or consequential loss, damage, charges or expenses.
    4. Other than the losses set out in condition 6.c (for which we are not liable), our maximum aggregate liability under or in connection with this Licence whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to EURO 1,000 (One thousand Euros). This maximum cap does not apply to condition 6.e.
    5. Nothing in this Licence shall limit or exclude our liability for:
      1. death or personal injury resulting from our negligence;
      2. fraud or fraudulent misrepresentation;
      3. any other liability that cannot be excluded or limited by Portuguese law.
    6. This Licence sets out the full extent of our obligations and liabilities in respect of the supply of the Software and Documents. Except as expressly stated in this Licence, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Software and Documents which might otherwise be implied into, or incorporated in, this Licence whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.
  7. Termination
    1. We may terminate this Licence immediately by written notice to you if you commit a material or persistent breach of this Licence which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so.
    2. On termination for any reason:
      1. all rights granted to you under this Licence shall cease;
      2. you must immediately cease all activities authorised by this Licence; and
      3. you must immediately and permanently delete or remove the Software from all computer equipment in your possession, and immediately destroy or return to us (at our option) all copies of the Software and Documents in your possession, custody or control and, in the case of destruction, certify to us that you have done so.
  8. Communications Between Us
    1. We may update the terms of this Licence at any time on notice to you in accordance with this condition 8. Your continued use of the Software and Documents following the deemed receipt and service of the notice under condition 8.c shall constitute your acceptance to the terms of this Licence, as varied. If you do not wish to accept the terms of the Licence (as varied) you must immediately stop using and accessing the Software and Documents on the deemed receipt and service of the notice.
    2. If we have to contact you, we will do so by email or by pre-paid post to the address you provided in accordance with your registration for the Software.
    3. Note that any notice:
      1. given by us to you will be deemed received and properly served 24 hours after it is first posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter; and
      2. given by you to us will be deemed received and properly served 24 hours after an email is sent, or three days after the date of posting of any letter.
    4. In proving the service of any notice, it will be sufficient to prove, in the case of posting on our website, that the website was generally accessible to the public for a period of 24 hours after the first posting of the notice; in the case of a letter, that such letter was properly addressed, stamped and placed in the post to the address of the recipient given for these purposes; and, in the case of an email, that such email was sent to the email address of the recipient given for these purposes.