END USER LICENCE AGREEMENT
SoDo (the Licensed Application ) is licensed, not sold, to you (the End-User ) by Sodo Studios Limited,
a company incorporated under the laws of the Republic of Ireland (the Licensor ), for use solely in accordance with the terms and conditions of this End-User Licence Agreement ( EULA ).
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 Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement.
App Store and Play Store are referred to in this Licence Agreement as ' Services '.
The parties of this Licence Agreement acknowledge that the Services are not a Party to this Licence
Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance, and support thereof.
SoDo, not the Services, is solely responsible for the Licensed Application and the content thereof.
This Licence 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 '). SoDo acknowledges that it had the opportunity to review the Usage Rules and this Licence Agreement does not conflict with them. SoDo when purchased or downloaded through the Services, is licensed to You for use only under
the terms of this Licence Agreement.
The Licensor reserves all rights not expressly granted to You.
SoDo 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 LICENCE 3. TECHNICAL REQUIREMENTS 4. MAINTENANCE AND SUPPORT 5. USE OF DATA 6. CONTRIBUTION LICENCE 7. LIABILITY 8. WARRANTY 9. PRODUCT CLAIMS 10. CONTACT INFORMATION 11. TERMINATION 12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY 13. INTELLECTUAL PROPERTY RIGHTS 14. APPLICABLE LAW 15. MISCELLANEOUS 1. THE APPLICATION SoDo ( Licensed Application ) is a mobile application designed to help users set goals, build habits,
track progress, and share their personal development journey within a social community environment, and customised for iOS and Android mobile devices (' Devices ').
2. SCOPE OF LICENCE 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 (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Licensed Application provided by the Licensor
that replaces, 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 SoDo'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 SoDo's prior written consent).
2.5 You may not copy (excluding when expressly authorised 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 unauthorised 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 The 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 right 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 SoDo 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.
4.3 Beta / App Updates Disclaimer 4.3.1 Beta Features From
time to time, SoDo may make certain features, functionalities, or components of the Licensed Application available as beta, early-access, preview, experimental, or test releases ( Beta Features ).
Beta Features are made available for evaluation and feedback purposes only, may contain bugs or errors, and may be incomplete or unstable.
You acknowledge and agree that: Beta Features are provided as is and as available , without warranties of any kind;
SoDo may modify, suspend, or discontinue Beta Features at any time without notice;
Use of Beta Features is entirely at your own risk, and SoDo shall have no liability arising
from or relating to your use of any Beta Features.
4.3.2 App Updates The Licensed Application may periodically receive updates, patches, enhancements, or improvements, including security updates ( Updates ).
These Updates may be automatically installed or may require manual installation, depending on your device settings. By using the Licensed Application, you consent to the receipt and installation of such
Updates.
SoDo does not guarantee that any Update will: (a)
be error-free or uninterrupted, (b) include all previously available features, (c) be compatible with all devices or operating systems, or (d) meet your expectations or specific use-case needs.
Your continued use of the Licensed Application following an Update constitutes acceptance
of the modified version and any changes included therein.
5. USE OF DATA You acknowledge and agree that SoDo may collect technical information related to your use of the
app, in accordance with our Privacy Policy and applicable legal agreements.
SoDo may periodically collect and use technical data and related information including, but not limited
to: Device type and model, Operating system version, Application software version, Crash reports and diagnostics. This data is collected to: Facilitate software updates and improvements, Monitor and support user operations Improve SoDo's features, functionality, and overall performance. All collected data is used in a form that does not personally identify you, unless you have explicitly
provided such information through a future optional account or consent mechanism.
6. CONTRIBUTION LICENCE By submitting, posting, uploading, or otherwise making available any content on SoDo, including goals,
progress logs, profile information, posts, comments, images, or other materials ( User Content ), you retain ownership of your content.
However, you grant Sodo Studios Limited a worldwide, non-exclusive, royalty-free, transferable, sublicensable
license to host, store, reproduce, display, distribute, format, and process your User Content solely for the purpose of operating, maintaining, improving, moderating, securing, and promoting the Platform.
This includes the right to: Display your content within user profiles and social feeds Transmit content to other users as part of normal platform functionality Store and process content for moderation, safety, analytics, and legal compliance Remove or restrict content in accordance with these Legal Terms You represent and warrant that: You own or have all necessary rights to publish your User Content; Your content does not violate applicable law or third-party rights; Your content does not infringe intellectual property, privacy, or publicity rights. The license granted under this clause shall survive account termination solely to the extent necessary
to comply with legal obligations, resolve disputes, enforce these Terms, or maintain platform integrity.
Nothing in this clause obligates SoDo to publish, retain, or continue displaying any User Content.
7. LIABILITY 7.1 The 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), the Licensor shall also be liable in case of slight negligence.
In any case, liability shall be limited to foreseeable, contractually typical damages.
The limitation mentioned above does not apply to injuries to life, limb, or health.
7.2 The Licensor takes no accountability or responsibility for any damages caused due to a breach
of duties according to Section 2 of this Licence 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.
8. WARRANTY 8.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any
other malware at the time of Your download.
The licensor warrants that the Licensed Application works as described in the user documentation.
8.2 No warranty is provided for the Licensed Application that is not executable on the device, that
has been unauthorisedly 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 SoDo's sphere of influence that affect the executability of the Licensed Application.
8.3 You are required to inspect the Licensed Application immediately after installing it and notify SoDo 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 thirty (30) days after discovery.
8.4 If we confirm that the Licensed Application is defective, SoDo reserves a choice to remedy the
situation either by means of solving the defect or substitute delivery.
8.5 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. PRODUCT CLAIMS SoDo and the End-User acknowledge that SoDo, 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-Users 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 10. CONTACT INFORMATION For general inquiries, complaints, questions, or claims concerning the Licensed Application, please contact us at: sodomobileapp@gmail.com. 11. TERMINATION The license is valid until terminated by SoDo or by You. Your rights under this license will terminate
automatically and without notice from SoDo if You fail to adhere to any term(s) of this license.
Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY SoDo represents and warrants that SoDo will comply with applicable third-party terms of agreement
when using a Licensed Application.
In accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User Licence
Agreement', both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and upon Your acceptance of the terms and conditions of this Licence Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.
13. INTELLECTUAL PROPERTY RIGHTS SoDo 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, SoDo, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.
14. APPLICABLE LAW This License Agreement shall be governed by and construed in accordance with the laws of Ireland,
without regard to its conflict of law principles.
The application of the United Nations Convention on Contracts for the International Sale of Goods
(CISG) is expressly excluded.
If you are a consumer habitually residing in a Member State of the European Union, you shall additionally
benefit from any mandatory provisions of the law of your country of residence that cannot be derogated from by contract.
Nothing in these Legal Terms shall deprive you of such statutory consumer protections.
Any dispute arising out of or in connection with these Legal Terms shall be subject to the non-exclusive
jurisdiction of the courts of Ireland.
Where Sodo Studios Limited is the claimant, proceedings may be brought before the courts of Dublin, Ireland.
If you are a consumer residing within the European Union, you may also bring proceedings in the
courts of the EU Member State in which you reside, in accordance with applicable consumer protection and jurisdiction laws.
15. MISCELLANEOUS 15.1 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.
15.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The
preceding clause can only be waived in writing.