END USER LICENSE AGREEMENT
Last updated April 25, 2024
Togodo is licensed to You (End-User) by Radical 32 Inc, located at 8 The Green,
Dover, Delaware 19901, United States ("Licensor"), for use only under the terms of
this License Agreement.
By downloading the Licensed Application from Apple's software distribution platform
("App Store") and Google's software distribution platform ("Play Store"), and any
update thereto (as permitted by this License Agreement), You indicate that You agree
to be bound by all of the terms and conditions of this License Agreement, and that
You accept this License Agreement. App Store and Play Store are referred to in this
License Agreement as "Services."
The parties of this License Agreement acknowledge that the Services are not a Party
to this License Agreement and are not bound by any provisions or obligations with
regard to the Licensed Application, such as warranty, liability, maintenance and
support thereof. Radical 32 Inc, not the Services, is solely responsible for the
Licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Licensed Application
that are in conflict with the latest Apple Media Services Terms and Conditions and
Google Play Terms of Service ("Usage Rules"). Radical 32 Inc acknowledges that it
had the opportunity to review the Usage Rules and this License Agreement is not
conflicting with them.
Togodo when purchased or downloaded through the Services, is licensed to You for
use only under the terms of this License Agreement. The Licensor reserves all rights
not expressly granted to You. Togodo is to be used on devices that operate with
Apple's operating systems ("iOS" and "Mac OS") or Google's operating system
("Android").
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. MISCELLANEOUS
1. THE APPLICATION
Togodo ("Licensed Application") is a piece of software created to Certainly! Here is
the purpose of the Togodo application formulated into a single, professional-sounding
paragraph suitable for your EULA: --- The Togodo application is purpose-built to
enhance social interaction by providing a dynamic social media platform that
enriches users’ lives through enhanced connectivity and shared experiences. It
empowers users to discover and engage with new locations, events, and activities
that align with their personal interests, effectively streamlining the process of finding
engaging experiences. The platform promotes vibrant community engagement,
enabling users to share their experiences with an extensive network of friends and
followers, thus fostering a community enthusiastic about active and social lifestyles.
Moreover, Togodo simplifies the user experience by integrating the functionalities of
search engines, maps, and review sites into a single, user-friendly interface, making
it easier for users to access a variety of experiences seamlessly. — and customized
for iOS and Android mobile devices ("Devices"). It is used to Based on the provided
information and the purpose of the Togodo application, here is a professionally
tailored statement to describe the main use of the application for inclusion in an
EULA: --- **The Application's main use is to:** Serve as an all-in-one social media
and discovery platform that enhances user engagement by facilitating the exploration
and sharing of new experiences. It allows users to seamlessly discover, participate
in, and share a wide range of activities and events, tailored to their individual
preferences. The application also provides tools for real-time interaction and
community building, making it an essential platform for users seeking a connected
and enriched social lifestyle. Through its integrated functionality, Togodo simplifies
the discovery process, replacing the need for multiple apps and websites with one
comprehensive solution..
The Licensed Application is not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be subjected
to such laws, you may not use this Licensed Application. You may not use the
Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to
install and use the Licensed Application on any Devices that You (End-User) own or
control and as permitted by the Usage Rules, with the exception that such Licensed
Application may be accessed and used by other accounts associated with You (EndUser, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by
Licensor that replace, repair, and/or supplement the first Licensed Application, unless
a separate license is provided for such update, in which case the terms of that new
license will govern.
2.3 You may not share or make the Licensed Application available to third parties
(unless to the degree allowed by the Usage Rules, and with Radical 32 Inc's prior
written consent), sell, rent, lend, lease or otherwise redistribute the Licensed
Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile,
remove, modify, combine, create derivative works or updates of, adapt, or attempt to
derive the source code of the Licensed Application, or any part thereof (except with
Radical 32 Inc's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the
Usage Rules) or alter the Licensed Application or portions thereof. You may create
and store copies only on devices that You own or control for backup keeping under
the terms of this license, the Usage Rules, and any other terms and conditions that
apply to the device or software used. You may not remove any intellectual property
notices. You acknowledge that no unauthorized third parties may gain access to
these copies at any time. If you sell your Devices to a third party, you must remove
the Licensed Application from the Devices before doing so.
2.6 Violations of the obligations mentioned above, as well as the attempt of such
infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When
using the Licensed Application, You must ensure that You comply with applicable
third-party terms and conditions.
3. TECHNICAL REQUIREMENTS
3.1 Licensor attempts to keep the Licensed Application updated so that it complies
with modified/new versions of the firmware and new hardware. You are not granted
rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the
app end-user device on which You intend to use the Licensed Application satisfies
the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees
appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support
services for this Licensed Application. You can reach the Licensor at the email
address listed in the App Store or Play Store Overview for this Licensed Application.
4.2 Radical 32 Inc and the End-User acknowledge that the Services have no
obligation whatsoever to furnish any maintenance and support services with respect
to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able to access and adjust Your downloaded
Licensed Application content and Your personal information, and that Licensor's use
of such material and information is subject to Your legal agreements with Licensor
and Licensor's privacy policy: https://www.radical32.com/privacy-policy.
You acknowledge that the Licensor may periodically collect and use technical data
and related information about your device, system, and application software, and
peripherals, offer product support, facilitate the software updates, and for purposes of
providing other services to you (if any) related to the Licensed Application. Licensor
may also use this information to improve its products or to provide services or
technologies to you, as long as it is in a form that does not personally identify you.
6. USER-GENERATED CONTRIBUTIONS
The Licensed Application may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or in the Licensed Application, including but
not limited to text, writings, video, audio, photographs, graphics, comments,
suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Licensed Application and
through third-party websites or applications. As such, any Contributions you transmit
may be treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Licensed
Application, and other users of the Licensed Application to use your Contributions
in any manner contemplated by the Licensed Application and this License
Agreement.
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness or
each and every such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Licensed Application and
this License Agreement.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of
solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific person
or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third
party.
11. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates,
any provision of this License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation of the foregoing violates this License
Agreement and may result in, among other things, termination or suspension of your
rights to use the Licensed Application.
7. CONTRIBUTION LICENSE
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Consent Management
Policies
Privacy Policy
Cookie Policy
Terms and Conditions
EULA
Return Policy
Disclaimer
Shipping Policy
Acceptable Use Policy
Settings
By posting your Contributions to any part of the Licensed Application or making
Contributions accessible to the Licensed Application by linking your account from the
Licensed Application to any of your social networking accounts, you automatically
grant, and you represent and warrant that you have the right to grant, to us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royaltyfree, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose,
sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and voice) for any purpose,
commercial advertising, or otherwise, and to prepare derivative works of, or
incorporate in other works, such as Contributions, and grant and authorize
sublicenses of the foregoing. The use and distribution may occur in any media
formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name,
as applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been asserted in
your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of
all of your Contributions and any intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area in the Licensed
Application. You are solely responsible for your Contributions to the Licensed
Application and you expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise
change any Contributions; (2) to recategorize any Contributions to place them in
more appropriate locations in the Licensed Application; and (3) to prescreen or delete
any Contributions at any time and for any reason, without notice. We have no
obligation to monitor your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case of violation of obligations and tort shall be
limited to intent and gross negligence. Only in case of a breach of essential
contractual duties (cardinal obligations), Licensor shall also be liable in case of slight
negligence. In any case, liability shall be limited to the foreseeable, contractually
typical damages. The limitation mentioned above does not apply to injuries to life,
limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to
a breach of duties according to Section 2 of this License Agreement. To avoid data
loss, You are required to make use of backup functions of the Licensed Application to
the extent allowed by applicable third-party terms and conditions of use. You are
aware that in case of alterations or manipulations of the Licensed Application, You
will not have access to the Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses,
viruses, or any other malware at the time of Your download. Licensor warrants that
the Licensed Application works as described in the user documentation.
9.2 No warranty is provided for the Licensed Application that is not executable on the
device, that has been unauthorizedly modified, handled inappropriately or culpably,
combined or installed with inappropriate hardware or software, used with
inappropriate accessories, regardless if by Yourself or by third parties, or if there are
any other reasons outside of Radical 32 Inc's sphere of influence that affect the
executability of the Licensed Application.
9.3 You are required to inspect the Licensed Application immediately after installing it
and notify Radical 32 Inc about issues discovered without delay by email provided
in Contact Information. The defect report will be taken into consideration and further
investigated if it has been emailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Licensed Application is defective, Radical 32 Inc reserves a
choice to remedy the situation either by means of solving the defect or substitute
delivery.
9.5 In the event of any failure of the Licensed Application to conform to any
applicable warranty, You may notify the Services Store Operator, and Your Licensed
Application purchase price will be refunded to You. To the maximum extent permitted
by applicable law, the Services Store Operator will have no other warranty obligation
whatsoever with respect to the Licensed Application, and any other losses, claims,
damages, liabilities, expenses, and costs attributable to any negligence to adhere to
any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory
period of limitation amounting to twelve (12) months after the Licensed Application
was made available to the user. The statutory periods of limitation given by law apply
for users who are consumers.
10. PRODUCT CLAIMS
Radical 32 Inc and the End-User acknowledge that Radical 32 Inc, and not the
Services, is responsible for addressing any claims of the End-User or any third party
relating to the Licensed Application or the End-User’s possession and/or use of that
Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to any applicable legal
or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation,
including in connection with Your Licensed Application’s use of the HealthKit and
HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a
US Government embargo, or that has been designated by the US Government as a
"terrorist supporting" country; and that You are not listed on any US Government list
of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed
Application, please contact:
Radical 32
8 The Green
Dover, DE 19901
United States
13. TERMINATION
The license is valid until terminated by Radical 32 Inc or by You. Your rights under
this license will terminate automatically and without notice from Radical 32 Inc if You
fail to adhere to any term(s) of this license. Upon License termination, You shall stop
all use of the Licensed Application, and destroy all copies, full or partial, of the
Licensed Application.
14. THIRD-PARTY TERMS OF AGREEMENTS AND
BENEFICIARY
Radical 32 Inc represents and warrants that Radical 32 Inc will comply with
applicable third-party terms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's
End-User License Agreement," both Apple and Google and their subsidiaries shall be
third-party beneficiaries of this End User License Agreement and — upon Your
acceptance of the terms and conditions of this License Agreement, both Apple and
Google will have the right (and will be deemed to have accepted the right) to enforce
this End User License Agreement against You as a third-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Radical 32 Inc and the End-User acknowledge that, in the event of any third-party
claim that the Licensed Application or the End-User's possession and use of that
Licensed Application infringes on the third party's intellectual property rights, Radical
32 Inc, and not the Services, will be solely responsible for the investigation, defense,
settlement, and discharge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the laws of the State of Delaware excluding
its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the terms of this agreement should be or become invalid, the validity of
the remaining provisions shall not be affected. Invalid terms will be replaced by valid
ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in
writing. The preceding clause can only be waived in writing.
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