Our EULA was last updated on [14 November 2023]
This End User Licence Agreement ("EULA") is a legal agreement between you and Punkt Tronics AG (“Punkt.”) and governs your use of Apostrophy software, services, and applications (collectively ‘Software’ or “APHY”), whether pre-installed or downloaded, owned by Punkt. and its affiliated companies and its third-party suppliers and licensors, that accompanies this EULA, which includes computer software and may include associated media, content and data, printed materials, or electronic documentation in connection with your use of the Punkt. mobile devices (including but not limited to feature phones, smart phones, tablets, laptops, wearables ).
By using this device, you are agreeing to be bound by the terms and conditions of this Agreement. If you do not accept these terms, do not use th is device
Subject to your compliance with the terms and conditions of this Agreement, Punkt. grants you one, limited, non-exclusive, licence to install and use on an approved single device. Punkt may terminate your rights at any time in case of material breach of this EULA.
Certain components of the Software are available as open-source. The open-source software is available under its own terms.
You agree not to, and you will not permit others to:
Punkt. reserves all rights not expressly granted to you in this EULA.
The Punkt mobile devices and APHY are protected by copyright and international copyright treaties as well as other intellectual property laws and treaties.
Without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Punkt. or its suppliers
The Software is licensed, not sold.
Punkt. shall not be obligated to indemnify or defend you with respect to any third-party claim arising out of or relating to the Software. To the extent Punkt. is required to provide indemnification by applicable law, Punkt., not the Software, shall be solely responsible for the investigation, defence, settlement, and discharge of any claim that the Software or your use of it infringes any third-party intellectual property rights
Punkt. may from time to time provide enhancements or improvements to the features/functionality of the Software, which may include service upgrades, bug fixes, updates, upgrades, and other modifications.
Updates may modify or delete certain features and/or functionalities of the Software. You agree that Punkt. has no obligation to (i) provide any updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Software to you.
You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Software, and (ii) subject to the terms and conditions of this Agreement.
With the a utomatic check for Software updates function enabled your device checks for updates automatically from time to time through the network connection.
If you have chosen to disable the automatic check for Software updates function, then you can check manually the availability of new updates . The settings of software updates may vary for specific devices.
We recommend that you check availability of any new updates periodically for optimal use of your device
By using this device, you agree to the use of your information in the manner described below and in accordance with the Punkt. Data Protection Policy available at www.punkt.ch/en/data-protection-policy/
Some features of the Software may require your device to have access to the Internet and may be subject to restrictions imposed by your network or Internet provider. APHY may access the internet through your mobile network, which may result in additional charges depending on your payment plan.
Certain applications and services may be included with, or downloaded to, your device.
The Software may enable access to Apostrophy apps store or other Punkt. and third-party services and web sites (collectively and individually, "Services").
Some Services and applications may not be available in all languages or in all countries. There may be applications and services that may require your consent to their separate terms and conditions as well. You expressly acknowledge and agree that your use of such applications and services will be subject to the applicable terms and conditions.
The Software may display, include or make available third-party content (including data, information, applications and other product services) or provide links to third-party websites or services.
You acknowledge and agree that Punkt. shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. Punkt. does not assume and shall not have any liability or responsibility to you or any other person or entity for any third-party Services.
You must comply with applicable third parties' terms of agreement when using their application. Third-party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
You acknowledge and agree that you are solely responsible for your decision to rely on a digital certificate issued by either Punkt. or a third party and your use of such certificate. Punkt. makes no express or implied warranties or representations as to merchantability or fitness for any particular purpose, accuracy, security, or non-infringement of third-party rights with respect to digital certificates.
The Software is provided to you ‘AS IS’ and ‘AS AVAILABLE’ and with all faults and defects without warranty of any kind. Any use of the Software is at your own risk.
To the maximum extent permitted under applicable law, Punkt., on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Software, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.
Without limitation to the foregoing, Punkt. provides no warranty or undertaking, and makes no representation of any kind that the Software will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither Punkt. nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Software, or the information, content, and materials or products included thereon; (ii) that the Apostrophy Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through Apostrophy; or (iv) that the Software, its servers, the content, or e-mails sent from or on behalf of Punkt. are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, Punkt., not APHY , shall be solely responsible for such warranty
Notwithstanding any damages that you might incur, the entire liability of Punkt. and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the device.
To the maximum extent permitted by applicable law, in no event shall Punkt. or its licensors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, punitive damages, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the software, even if Punkt. has been advised of the possibility of such damages.
You expressly understand and agree that Punkt., its subsidiaries and affiliates, and its licensors shall not be liable to you under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by you, including any loss of data, whether or not APHY or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
IN NO CASE WILL PUNKT.'S AND ITS LICENSORS’ TOTAL LIABILITY EXCEED THE ACTUAL MONEY PAID FOR THE PUNKT. PRODUCT, APOSTROPHY SOFTWARE, OR SERVICES.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The Software may be subject to certain restrictions under export-control laws and regulations including without limitation those of the United States, European Union and Switzerland and/or the laws or regulation of the jurisdiction(s) in which the Software was obtained. As such, you represent and warrant that the Software may not be exported to persons or entities in violation of these laws and regulations
If you are in the U.S.A., this EULA will be exclusively governed by and construed in accordance with the laws of the United States and the State of California, without regard to or application of its choice of law rules or principles. If you reside outside the U.S.A., this EULA will be exclusively governed by the laws of Switzerland, without regard to conflict of laws principles, and all claims arising out of or relating to this EULA shall be brought exclusively in the courts of Lugano, Switzerland. If any provision of this EULA is found to be invalid, the parties agree nevertheless that the parties’ intentions as reflected in the provision, and the other provisions of this EULA shall remain in full force and effect.
This EULA or any dispute arising out of shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
Any translation of this EULA is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this EULA shall govern, to the extent not prohibited by local law in your jurisdiction
This Agreement shall remain in effect until terminated. Punkt. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must cease all use of the Software.
Punkt. may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from Punkt., in the event that you fail to comply with any provision of this Agreement.
Termination of this Agreement will not limit any of the Punkt. 's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement. It's important to note that your right under the Software subscription will not be forfeited due to this EULA termination.
You agree to indemnify and hold Punkt. and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
The Agreement constitutes the entire agreement between you and Punkt. regarding your use of the Software and supersedes all prior and contemporaneous written or oral agreements between you and Punkt.
You may be subject to additional terms and conditions that apply when you use or purchase other Punkt.'s services, including the subscription to Apostrophy services, which Punkt. will provide to you at the time of such use or purchase.
Punkt. reserves the right, at any time and at our sole discretion, to change the terms of this EULA. We will use reasonable efforts to notify you of the changes.
By continuing to access or use the Software after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorised to use the Software .
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
If you have any questions about this Agreement, you can contact us by sending us an email to info@punkt.ch