End User License Agreement
This End User License Agreement (“Agreement”) is a legal agreement between you (“Licensee”) and iDateMedia (“Licensor”). By purchasing or using the Software, you agree to be bound by the terms of this Agreement.
1. Acceptance of Terms
By purchasing any dating software application, custom website development, mobile app development, social media marketing, search engine optimization, or any web-based or video-based webinar from Licensor, you agree to be bound by the terms of this Agreement and the Limited Warranty.
2. Grant of License
Subject to the terms and conditions of this Agreement, Licensor grants Licensee a perpetual, non-exclusive, non-transferable license to use the iDateMedia software (“Software”) and associated documentation (“Documentation”).
3. Additional Copies
Licensee may make copies of the Software solely for backup purposes, provided that only one copy of the Software is used at any one time. All copies must include the Licensor’s copyright notice.
4. Limited Warranty
Licensor warrants that the Software will perform substantially as described in the Documentation for as long as updates are applied and the Software is properly used on the designated computer/server.
5. No Other Warranties
To the maximum extent permitted by applicable law, the Licensor disclaims all other warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.
6. Refund Policy
Dating Software: No refunds once the software is uploaded to your server or our hosting. All sales are final.
Custom Development: No refunds once development has started. This includes mobile app and website development. All sales are final.
Marketing and Webinar Services: No refunds once the service has begun. All sales are final.
7. Upgrades
Licensee is entitled to receive software upgrades for no cost for as long as they own their site. The Licensor charges $149 to install updates on self-hosted sites (upgrades on iDateMedia hosting is free), which the Licensee can alternatively apply themselves. The Licensor reserves the right to adjust this price. Legacy custom development upgrades will require a separate project.
8. Domain Names
For packages that include hosting, a domain name is acquired by the Licensor for one year. Domain ownership can be transferred upon request after 90 days. Renewal of the domain after the first year is the responsibility of the Licensee. Failure to renew may result in site removal and cancellation of this license. A $149 setup fee is charged to reinstate hosting. Licensee agrees to keep site and data backups.
9. Limitation of Liability
To the maximum extent permitted by applicable law, the Licensor shall not be liable for any consequential, incidental, or special damages, including but not limited to loss of business profits, business interruption, or other financial losses, arising out of the use or inability to use the Software, even if advised of the possibility of such damages. iDateMedia’s liability is limited to the amount paid by the Licensee for the Software. Licensee agrees to use the software for legal purposes and will indemnify and hold harmless
10. Adaptations
Licensee may make adaptations of the Software in source code form, subject to third-party intellectual property claims. Such adaptations are not supported by the Licensor.
11. Usage Limitations
For products that include hosting, a storage space limitation of 5GB is imposed. Licensor does not guarantee compute resources to satisfy extreme loads.
12. Intellectual Property
All intellectual property rights in the Pre-built,non-custom Software and Documentation are owned by the Licensor. Licensee shall not rent, lease, sub-license, loan, copy (except as expressly permitted), modify, adapt(except as expressly permitted), merge, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software or Documentation. Custom Developed Software is the owned by the buyer of said software and is not licensed.
13. Termination
This Agreement is effective until terminated. Licensee may terminate it by destroying all copies of the Software and Documentation. The Licensor may terminate this Agreement if the Licensee fails to comply with its terms. Upon termination, Licensee must destroy all copies of the Software and Documentation.
14. Amendments
No amendment to this Agreement is valid unless signed by an authorized representative of the Licensor and the Licensee.
15. Governing Law
This Agreement is governed by and construed in accordance with the laws of the United States, including the state of Utah. The parties submit to the jurisdiction of the US Courts.
16. Indemnification
Licensee agrees to indemnify, defend, and hold harmless the Licensor, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your system) violation of these Terms, your use or misuse of the Software, or your infringement of any intellectual property or other right of the Licensor or any other person or entity.
16. Miscellaneous
All rights not expressly granted herein are reserved by Licensor. All trademarks are respected.
