HELPFREELYAPP™ END USER LICENSE AGREEMENT
You agree to be legally bound by the following End User License Agreement (this "EULA"). As used in this EULA, "HelpfreelyApp™" or "Software" means the software designed to work with the internet web browser installed on your device and includes any updates, revisions, patches, or other modifications that may be made from time to time to this software. The HelpfreelyApp™ software works as a reminder, appearing when the user is visiting our partner shops. Its functions include enhancing user experience within search engine results, providing easy access to the Services offered through Helpfreely.org, and enabling our Users to help raise funds for their selected causes through their "Qualifying Purchases". Users are allowed to download and access the Helpfreely Software Application ("HelpfreelyApp™") for free with the goal of enhancing their experience while using Helpfreely.org and allowing them to take advantage of all that the website has to offer.
The HelpfreelyApp™, documentation, and local device files installed or utilized by the installer application are owned by HELP FREELY FOUNDATION, F.C., hereinafter ("H.F.F."), domiciled in Calle Eduardo Benot, Number 1, 6th Floor, Las Palmas de Gran Canaria, 35007, Spain. H.F.F. is a nonprofit corporation organized and existing under the laws of SPAIN and duly registered at the Spanish "Registro Autonómico de Fundaciones" with Charity Number: ES G-76201334.
Any Software that H.F.F. provides to third parties falls under the restrictions and provisions outlined by this EULA.
Helpfreely.org faciliates fundraising that benefits nonprofits, associations, and any other eligible organizations ("Cause"), made possible by the online purchases of products or services that supporters of these Causes complete while shopping at participating merchant partners ("Partner"). Helpfreely.org is fully owned by the H.F.F., and references made to "we" or "our" or "us" in this EULA, or mentions of Helpfreely.org, refer to both Helpfreely.org and the H.F.F.
H.F.F. hereby grants, and you hereby accept, a personal, limited, non-exclusive, non-transferable, non-sublicensable license to install and use the The Helpfreely Software Application ("HelpfreelyApp™") with the Permitted Uses and Restrictions provided below.
This EULA does not establish your right to receive any kind of support, telephone assistance, software updates, or enhancements, or hard-copy documentation from us regarding the Software.
The Helpfreely.org website, located at https://www.helpfreely.org (the "Site"), its associated services designed for end users (collectively, the "Services"), and other related applications, including the HelpfreelyApp™, are offered to users free of charge by the H.F.F.
Additionally, your use of the HelpfreelyApp™ implies your full consent to the policies as outlined below regarding the collection, use, and disclosure of your data.
H.F.F. maintains the right to periodically update and/or make changes to this EULA and will make this new version available on the Site. Should you, upon release of these changes, continue to use the HelpfreelyApp™, your acceptance of this new EULA is implicit. We suggest that you check our Site frequently for updates
Following the terms and conditions outlined within this EULA, H.F.F. grants you non-exclusive, non-sublicensable, worldwide access (taking into account any limitations set forth in this EULA) to the HelpfreelyApp™, including updates, revisions, or new versions that may be made available in the future. Unless granted express written permission by H.F.F., you are only allowed to use the HelpfreelyApp™ for non-commercial purposes. Thus, you are prohibited from selling, renting, leasing, sublicensing, publishing, assigning, transferring in any way, or exploiting the HelpfreelyApp™ for commercial means.
You are prohibited from copying, changing, reproducing, reverse engineering, reverse compiling, or making any attempt to gain access to the source code or algorithms used in the HelpfreelyApp™. You will not remove, delete, or change any trademark, copyright, or notices of other proprietary rights present in or accessed via the HelpfreelyApp™. Additionally, you are not allowed to edit or create any derivative work from the HelpfreelyApp™ unless you have obtained prior written permission from Helpfreely.org.
The rights granted to you under this EULA are valid until you or H.F.F. choose to terminate the agreement. You may do this by uninstalling and destroying all of your copies of HelpfreelyApp™. This EULA can also be terminated if you do not comply with any of the provisions outlined in the EULA or Terms of Service. H.F.F. reserves the right to terminate this EULA, deactivate the HelpfreelyApp™, or discontinue any service without prior notice
By agreeing to this EULA, your permitted uses and restrictions with respect to the HelpfreelyApp™ are as follows:
If you choose to install the HelpfreelyApp™, you understand and agree that the HelpfreelyApp™ may ask you to activate a link in order to facilitate a donation to your selected causes when you visit the website of one of our partner shops. A donation can only be generated from your purchase if you click Activate the App, OK, Continue, ON, or a similar option, which may depend on the language and version of the HelpfreelyApp™ that you are using. By using these links, you are letting our partner merchant know that you are shopping through Helpfreely.org, which allows H.F.F. to transform the resulting funds from your Qualifying Purchases (see the Terms of Services for more info on "Qualifying Purchases") into donations to your chosen causes. None of your personally identifiable information is transmitted via these links, nor does the use of these links change your shopping experience in any way. However, these links do transmit a unique identifier, which allows Helpfreely.org to link your Qualifying Purchases with your registered account (if you have one) and your chosen causes. This identifier is used for marketing and reporting purposes.
Additional functions or features may be added to the HelpfreelyApp™ now or in the future. The aforementioned additional functions and features may include:
You understand and accept that through this EULA you are only licensed the use of the HelpfreelyApp™ and that H.F.F. and its licensors maintain ownership of all other rights, titles, and interests. These may include any documentation, materials, and services that H.F.F. makes available to you via our Site (Helpfreely.org), in addition to any intellectual property rights in and to the HelpfreelyApp™. In this EULA, "intellectual property rights" should be understood as those rights governed by trademark, patent, trade secret laws, or copyright, as well as additional intellectual proprietary or property rights, including moral or exploitation rights, as recognized by any country or jurisdiction worldwide, without limitation.
By installing the HelpfreelyApp™, you are affirming that you either own or are an authorized user of the device on which the HelpfreelyApp™ is installed and used. You understand and agree that the services outlined in this EULA are subject to and your use of said services and any other related services must always comply with all local, state, national, and international statutes, rules, regulations, and laws. You also understand and accept that you are prohibited from using any spider, robot, or other manual or automatic process or device to hinder or attempt to hinder the correct functionality of the HelpfreelyApp™ or any associated services, except in the case that you wish to remove the HelpfreelyApp™ from a device that you own or are an authorized user of.
Disclaimer of Warranties
Helpfreely.org offers its Services "as available" and "as is", excluding any kind (explicit, implied, authorized, legal, or similar) of warranty, representation, or guarantee, including without limitation any implicit warranties regarding title, no infringement, commercial appropriateness for a specific objective, or resulting from a course of dealing our usage. Helpfreely.org, in keeping with the general nature of the previous statement, cannot guarantee that the services will be adequate for your needs, nor can we guarantee that you will always receive completely accurate information while using the services or that, by accessing, using, or operating the HelpfreelyApp™, the Services in their entirety, or any of their parts, will be free of errors, viruses, and/or interruptions, or otherwise secure. Your use of the HelpfreelyApp™ and the Services constitutes your acceptance and understanding of the possible risks that may arise, which may include, but are not limited to, data loss or damages of any kind to your device system that may result from downloading, installing, or running the HelpfreelyApp™ or any Helpfreely.org-related applications and code. In keeping in line with the aforementioned disclaimer, you understand and recognize that Helpfreely.org gives no official endorsement, nor claims any responsibility or liability with regard to any links, content, or services provided by third parties. You also agree that Helpfreely.org shall not be held responsible or liable, whether directly or indirectly, for any damage or loss caused or alleged that may be caused by or connected with your use of or reliance on any of the above or any other services offered by any third party sites or services that may be accessed via any of our Services.
Limitation of Liability
You understand that neither you nor any third party may hold Helpfreely.org, its Users, Registered Causes, Legends, and licensors, including any of their respective managers, workers, officers, agents, representatives, and delegates, liable or responsible for any exemplary, direct, indirect, accidental, particular, consequential, or punitory damages, which may include but are not limited to profits or revenue that is lost, as well as any other damages of any kind, resulting in any way from or linked with your access to and/or use of HelpfreelyApp™, or the any Helpfreely.org Services, with no regard to how they were caused or whether under contract, strict liability, breach or infraction, or any other assumption of liability, and regardless of whether or not Helpfreely.org has received prior notice of any possible damages. The aforementioned restrictions shall remain applicable notwithstanding the failure of the essential purpose of any limited remedy.
Should your use of the HelpfreelyApp™, the Site, this EULA, or other written policies of any kind available on the Helpfreely.org Site result in a claim or cause of action of any kind, the claim or cause of action must be filed within a period of thirty (30) days after the aforementioned was brought to light or it will remain prohibited.
Updates and Support
You understand that although we are not obligated to do so, we may choose to update the HelpfreelyApp™ at any time, and any such updates shall be considered part of and subject to the terms outlined in this EULA, which may be updated or modified at any time as outlined above. Any such updates shall not imply an obligation on the part of H.F.F. to provide further updates, nor is H.F.F. under obligation to provide any kind of technical support, given that we provide the HelpfreelyApp™ free of charge. Any technical support that we choose to provide will comply with the standard support policies we have established, and we reserve the right to terminate it at any point, without prior notice, should we see fit.
This EULA shall be governed by and construed in accordance with the laws of Spain, without regard to its conflict-of-laws rules or provisions. You consent to the personal and exclusive jurisdiction and courts sitting located in Las Palmas GC (SPAIN) to resolve any legal matter arising from this EULA
ALL PARTIES AGREE TO WAIVE ANY RIGHTS TO TRIAL BY JURY WITH REGARD TO ANY SUIT, ACTION, OR PROCEEDING THAT MAY ARISE FROM THIS EULA.
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