Mobile Application End-User License Agreement

This End-User License Agreement ("EULA"), including the Supplemental Terms in Section 20, governs your use of the mobile applications published by Hostry Compute LLC, a Delaware limited liability company with its registered office at 2810 N Church St STE 89834, Wilmington, DE 19802, United States ("Hostry", "we", "us", "our") (the "Hostry Apps").

This EULA is a legal agreement between you and Hostry. It is a standalone agreement and is not subordinate to the Master Service Agreement; where you also purchase hosting services, those services are governed by the Master Service Agreement.

By installing or otherwise using a Hostry App you agree to be bound by this EULA; you represent that you own or control the mobile device on which the App will be installed; and you represent that you have the right, authority and capacity to enter into this EULA. If you do not agree, do not install or use the Hostry Apps.

Your use of the Hostry Apps is also subject to the Mobile Application Privacy Policy, which is incorporated into this EULA by reference.

Notice to consumers. Depending on the law of the jurisdiction where you live, you may have rights that cannot be waived by this EULA, and certain provisions of this EULA may be unenforceable as to you. Where any provision is unenforceable, the remainder of this EULA remains in full force.

1. Age Requirement

You must be 18 years of age or older to install or use the Hostry Apps.

The Hostry Apps provide access to paid infrastructure services and account management functions, and are not intended for use by minors. We do not knowingly collect personal data from anyone under 18. If you believe a minor has provided personal data to us, contact dp@hostry.com.

2. Grant of License

Subject to your compliance with this EULA, Hostry grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access, download and install the current generally available version of the Hostry Apps on mobile devices that you own or control, solely for your lawful use in connection with managing your Hostry account and services.

This license is granted to you personally. Where you use a Hostry App on behalf of an organization, you represent that you are authorized to bind that organization to this EULA.

3. Restrictions

You may not:

• rent, sell, lease, sublicense, distribute, assign or otherwise transfer the Hostry Apps or any rights in them, or use them for the benefit of any third party;
• make the Hostry Apps available over a network where they could be downloaded or used by multiple users, except as expressly permitted by the applicable mobile platform terms;
• modify, reverse-engineer, decompile, disassemble or otherwise tamper with the Hostry Apps, or attempt to do so, except to the extent this restriction is prohibited by applicable law;
• access, create or modify the source code of the Hostry Apps;
• create derivative works of the Hostry Apps or any part of them;
• use any robot, spider or other automated or manual device or process to interfere with the proper working of the Hostry Apps;
• violate or attempt to violate the security of the Hostry Apps or our services;
• delete, alter or obscure any copyright, trademark or other proprietary notice.

All modifications and enhancements to the Hostry Apps remain the sole property of Hostry.

4. Updates

We may add or remove features and functions. When installed, the Hostry Apps communicate periodically with our servers.

We may require an update when we release a new version or make new features available. Updates may occur automatically or on notice, and may occur in one or several sessions. We may require you to review and accept the then-current EULA before using a subsequent version.

Any obligation we may have to support previous versions may end when an update becomes available. We have no obligation to make updates, supplements or subsequent versions available to you.

5. Access and Costs

You must provide, at your own expense, the equipment, internet connection, device and service plan needed to use the Hostry Apps. Your network or roaming provider's data and messaging charges may apply, and you are solely responsible for those costs.

Downloading or using the Hostry Apps may be restricted by your network provider. We make no representation that the Hostry Apps work with every device, network or service plan, are available in every language, or are appropriate or available for use in any particular location.

6. Purchases

6.1 Purchases Through a Mobile Platform

Where a Hostry App or an in-app item is purchased through a mobile platform such as the Apple App Store or Google Play, payment is processed by the platform operator or by third parties acting on our behalf, under the platform's own terms.

Cancellation and refund rights for such purchases are determined by the platform operator, not by Hostry. Consult the platform's terms before purchasing. Requests for refunds on platform purchases must be directed to the platform operator.

6.2 Purchases Direct from Hostry

Purchases of hosting services made through a Hostry App are transactions with Hostry and are governed by the Master Service Agreement and the Refund & Payment Policy.

6.3 Consumer Right of Withdrawal

Where you are a consumer resident in a jurisdiction granting a statutory right of withdrawal for distance contracts, including the European Union and the United Kingdom, that right applies as provided by law.

By requesting immediate delivery of digital content or immediate commencement of a service, and by acknowledging at the point of purchase that you thereby lose the right of withdrawal once performance is complete, you consent to that loss to the extent permitted by law.

6.4 Subscriptions and Trial Periods

Where a Hostry App offers subscription access, payment may be processed in-app, by third parties acting on our behalf, or directly by the mobile platform operator.

You can cancel a subscription at any time through the subscription settings of your Apple or Google account. Cancellation takes effect at the end of the current subscription period.

Where a free trial is offered, the trial converts automatically into a paid subscription unless auto-renewal is turned off at least 24 hours before the end of the trial (Apple), or the subscription is cancelled before the end of the trial period (Google).

7. App Functionality

The Hostry Apps provide features and services that may change from time to time. Some functions are provided by third-party suppliers offering content or services in conjunction with the Hostry Apps ("Third-Party Partners").

Where a Hostry App displays location data, it is provided for basic navigational and informational purposes only. It is not intended to be relied upon where precise location information is required, or where erroneous, inaccurate or incomplete data could lead to death, personal injury, or property or environmental damage. Neither Hostry nor its Third-Party Partners guarantees the availability, accuracy, completeness, reliability or timeliness of location data.

8. Third-Party Services and Content

The Hostry Apps may integrate with, or provide links or access to, third-party services, feeds and content. Those services and content are subject to the relevant third party's own terms and privacy policies.

We have no control over third-party websites and resources, do not endorse them, and are not responsible or liable for their availability, or for any content, advertising, products or materials available through them, or for any damage or loss arising from their use. We are not a party to, and are not responsible for monitoring, any transaction between you and a Third-Party Partner.

All content made available through a Hostry App is the sole responsibility of the entity or person from whom it originated. You accept the risks associated with such content, including reliance on its accuracy or completeness.

9. Security

Like other consumer technologies, the Hostry Apps cannot be regarded as completely secure. Information you download or share through a Hostry App may be exposed to unauthorized access, interception, corruption, damage or misuse. You accept these risks.

You are solely responsible for securing your mobile device, including by using strong device authentication and, where available, device encryption. Hostry is not liable for unauthorized access to your device or to app data stored on it.

10. Registration and Passwords

Some Hostry App features require an account. Where registration is required, this will be made clear when you attempt to access those features. Registration with a Third-Party Partner is not governed by this EULA.

You are the sole guardian of any password and identifier issued to or chosen by you, and are fully responsible for all transactions carried out through your account. Notify us immediately of any unauthorized use or breach of security. Where we have reasonable grounds to suspect that your credentials have been compromised, we may suspend or terminate your account and refuse further use of the services. We are not responsible for losses arising from misuse of any password or identifier.

You must provide and maintain accurate, complete and current registration information. Where we have reasonable grounds to suspect that information is inaccurate or incomplete, we may suspend or terminate your use of the Hostry App.

11. Consent to Use of Technical Data

You agree that we may collect and use technical data and related information — including information about your device, system and application software, and peripherals — gathered periodically to facilitate software updates, product support and other services related to the Hostry Apps. This information is used in accordance with the Mobile Application Privacy Policy.

12. Intellectual Property

The Hostry Apps, including all design, text, images, photographs, illustrations, audio and video clips, artwork, graphics, code, content, protocols, software and documentation, are the property of Hostry or its licensors, and are protected by United States and international copyright, trademark, patent and other intellectual property laws.

The Hostry name, logos and affiliated properties are the exclusive property of Hostry and its affiliates. All other trademarks appearing in a Hostry App belong to their respective owners. Our trade names, trademarks and service marks may not be used in connection with any product or service that is not ours, or in any manner likely to cause confusion. Nothing in this EULA grants, by implication, estoppel or otherwise, any license or right to use them.

All rights not expressly granted are reserved to Hostry and its licensors.

13. Your Content and Copyright Claims

You are solely responsible for any content you contribute, submit or display through a Hostry App, and must own or hold a license to use it. Such content must not infringe any copyright or other intellectual property right.

Hostry respects the rights of copyright holders and expects users to do the same. On notice, we act to remove infringing content, and we may disable access to the Hostry Apps and other services by anyone who repeatedly infringes the rights of others.

Copyright claims relating to the Hostry Apps are processed under the DMCA Procedures, and must be sent to our designated agent at the address published there.

14. Termination

This EULA is effective until terminated.

Your rights terminate automatically, without notice, if you fail to comply with any of its terms. You may terminate at any time by uninstalling and deleting all copies of the Hostry Apps. On termination you must cease all use and destroy all copies.

We may modify, suspend or discontinue any Hostry App, in whole or in part, at any time.

Sections 3, 12, 13, 15, 16, 17 and 19 survive termination.

15. Disclaimer of Warranty

THE HOSTRY APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HOSTRY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

We do not warrant that the Hostry Apps will meet your requirements, operate without interruption or error, or that defects will be corrected.

Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

16. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, HOSTRY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE HOSTRY APPS, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HOSTRY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE HOSTRY APPS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE HOSTRY APP OR THE IN-APP PURCHASE GIVING RISE TO THE CLAIM, OR (B) USD 50.00.

Nothing in this Section limits liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, or for fraud. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.

Liability relating to hosting services purchased through a Hostry App is governed by Section 13 of the Master Service Agreement, not by this Section.

17. Indemnification

You agree to indemnify, defend and hold harmless Hostry, its members, officers, employees, contractors and affiliates from any claim, liability, damage, loss or expense, including reasonable attorney fees, arising from your use of the Hostry Apps, your violation of this EULA, your content, or your violation of any right of a third party.

18. Export Controls and Sanctions

The Hostry Apps and related technology are subject to United States export control laws, including the Export Administration Regulations, and to sanctions administered by OFAC.

You represent that you are not located in, and are not a national or resident of, any country subject to a comprehensive United States embargo or designated by the United States Government as supporting terrorism, and that you are not listed on any United States Government list of prohibited or restricted parties. You agree not to export, re-export or transfer the Hostry Apps in violation of applicable law.

19. Governing Law and Disputes

The laws of the State of Delaware, United States of America, without regard to conflict-of-laws principles, govern all matters relating to or arising from this EULA and your use of, or inability to use, the Hostry Apps. You submit to the exclusive jurisdiction and venue of the state courts located in New Castle County, Delaware, and the United States District Court for the District of Delaware.

Nothing in this Section deprives a consumer of the protection of mandatory provisions of the law of the country in which they habitually reside, or of the right to bring proceedings in the courts of that country where applicable law so provides.

Time limit. Any cause of action arising out of or related to the Hostry Apps must be commenced within one (1) year after the cause of action accrues, except where a longer period is required by applicable law.

Online dispute resolution. Consumers resident in the European Union may access the European Commission's online dispute resolution platform. We reserve the right not to participate in alternative dispute resolution procedures except where participation is mandatory.

20. Supplemental Terms

To the extent permitted by applicable law, the following additional terms apply where relevant.

20.1 Apple App Store

By accessing a Hostry App on a device made by Apple Inc. ("Apple"), you acknowledge and agree that:

1. this EULA is between Hostry and you; Apple is not a party to it;
2. the license granted is limited to a personal, non-exclusive, non-transferable right to install the App on Apple-branded devices you own or control, subject to the Usage Rules in Apple's App Store Terms of Service;
3. Apple is not responsible for the Hostry App or its content, and has no obligation to furnish maintenance or support;
4. in the event of any failure of the App to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any. To the maximum extent permitted by law, Apple has no other warranty obligation;
5. Apple is not responsible for addressing any claim relating to the App, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection legislation;
6. Apple is not responsible for the investigation, defense, settlement or discharge of any third-party intellectual property infringement claim relating to the App;
7. you represent that you are not located in a country subject to a United States Government embargo or designated as a "terrorist supporting" country, and are not listed on any United States Government list of prohibited or restricted parties;
8. Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you;
9. Hostry authorizes use of the Hostry Apps by multiple users through Apple's Family Sharing or similar functionality.

20.2 Google Play

By downloading a Hostry App from Google Play, you acknowledge that this EULA is between Hostry and you, and not with Google; that Google is not responsible for the App or its content and has no obligation to furnish support; and that your use is also subject to the Google Play Terms of Service.

21. General

Amendments. We may amend this EULA from time to time. Where changes materially affect your rights or obligations we will notify you by reasonable means; an in-app message shown when you open the App constitutes reasonable means. Continued use after amendments take effect signifies acceptance. If you do not agree, discontinue use of the Hostry Apps.

No waiver. No failure or delay in exercising any right operates as a waiver of it.

Severability. If any provision is found unlawful, void or unenforceable, it is severed and the remaining provisions continue in effect.

Entire agreement. This EULA, together with the Mobile Application Privacy Policy and, where applicable, the Master Service Agreement, constitutes the entire agreement between you and Hostry regarding the Hostry Apps.

Language. This EULA is executed in English. Any translation is provided for convenience only; the English version prevails.

22. Contact

Hostry Compute LLC
2810 N Church St STE 89834
Wilmington, DE 19802
United States

Email: support@hostry.com
Copyright claims: see the DMCA Procedures