End-User License Agreement for CashNotify
Last updated: September 1st, 2017.
This End-User License Agreement (“EULA”) is a legal agreement between you and Baguette Engineering SAS (“Baguette Engineering”, “CashNotify” or “We”), a French simplified joint stock company with capital of €8,000, registered in the Chambéry trade register (RCS) under the number 831 499 611, having its registered office at 111B route de Bourg Evescal — La Curiaz, 73250 Saint-Jean-de-la-Porte, in France.
This EULA agreement governs your acquisition and use of our CashNotify software (“Software”) directly from CashNotify or indirectly through a CashNotify authorized reseller or distributor (a “Reseller”).
For continued use of the Software (after the trial period has expired), a license must be purchased from our online store. This license is personal to you, meaning it entitles you to use the Software on any hardware you personaly use. It does not entitle you to share the same license with your family or company.
This EULA may be altered and amended within reason from time to time to reflect the evolving nature of the Software. The CashNotify Software (as defined herin), and our prices can change at any time. We’ll warn you 30 days in advance of any price changes affecting your use of the Software. We’ll try to warn you about major changes to the EULA or CashNotify, but we make no guarantees.
That’s the basic idea, but you must read through the entire below and agree with all the details before you use our Software (whether or not You are already in possession of the Software).
If you have any question about the EULA, please contact us at [email protected].
This document is an adaptation of the TermsFeed EULA Generator over Baremetrics Terms of Service, which is an adaptation of the Heroku Terms of Service, which is turn an adaptation of the Google App Engine Terms of Service. The original work has been modified with permission under the Creative Commons Attribution 3.0 License. Neither TermsFeed, Baremetrics Inc., Heroku, Inc. nor Google, Inc. is connected with and they do not sponsor or endorse CashNotify or its use of the work.
You’re welcome to adapt and use this document for Your own needs. If you make an improvement, we’d appreciate it if You would let us know so we can consider improving our own document.
Your Agreement with CashNotify
Please read this EULA agreement carefully before completing the installation process and using the CashNotify software. It provides a license to use the CashNotify software and contains warranty information and liability disclaimers.
If you register for a free trial of the CashNotify software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the CashNotify software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by CashNotify herewith regardless of whether other software is referred to or described herein. The terms also apply to any CashNotify updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
CashNotify hereby grants you a personal, non-transferable, non-exclusive licence to use the CashNotify software on your devices in accordance with the terms of this EULA agreement.
Your license to use CashNotify software is limited to the number of licenses purchased by you. You shall not allow others to use, copy or evaluate copies of CashNotify software.
You are permitted to load the CashNotify software on any hardware (for example a desktop computer, laptop, mobile or tablet) you personaly own and use. This license does not entitle you to share the CashNotify software with other members of your family or company. You are responsible for ensuring your device meets the minimum requirements of the CashNotify software.
You are not permitted to:
- Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
- Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
- Allow any third party to use the Software on behalf of or for the benefit of any third party
- Use the Software in any way which breaches any applicable local, national or international law
- use the Software for any purpose that CashNotify considers is a breach of this EULA agreement
We reserve the right to terminate licenses which are abused.
You are responsible for the security of Your passwords (specifically Your Stripe’s secret keys) and for any use of Your account.
Intellectual Property and Ownership
CashNotify shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of CashNotify.
CashNotify reserves the right to grant licences to use the Software to third parties.
All of the content available on or through the Software, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, is owned and/or controlled by CashNotify, or other licensors or Software users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Software and any underlying technology or software used in connection with the Software contain our proprietary information.
Open source software licenses for components of the Software released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these terms, the open source licenses govern Your agreement with CashNotify for the use of the components of the Software released under an open source license.
The Software may include hyperlinks to other web sites or content or resources or email content. You acknowledge and agree that CashNotify is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
Ideas and Feedback
You may choose to or we may invite You to submit comments or ideas about the Software, including but not limited to ideas about improving the Software or our products (“Ideas”). By submitting any Idea, You agree that Your disclosure is unsolicited and without restriction and will not place CashNotify under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to You, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone.
Disclaimer of Warranties
IF YOU USE THE SOFTWARE, YOU DO SO AT YOUR OWN RISK. WE PROVIDE THE SOFTWARE “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE SOFTWARE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SOFTWARE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE ARE NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF INFORMATION PROVIDED BY ANY OTHER USERS OF THE SOFTWARE OR ANY OTHER DATA OR INFORMATION PROVIDED OR RECEIVED THROUGH THE SOFTWARE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CASHNOTIFY MAKES NO WARRANTIES ABOUT THE INFORMATION SYSTEMS, SOFTWARE AND FUNCTIONS MADE ACCESSIBLE BY OR THROUGH THE SOFTWARE OR ANY SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION. CASHNOTIFY DOES NOT WARRANT THAT THE SOFTWARE WILL OPERATE ERROR-FREE, THAT ERRORS IN THE SOFTWARE WILL BE FIXED, THAT LOSS OF DATA WILL NOT OCCUR, OR THAT THE SERVICE OR SOFTWARE ARE FREE OF COMPUTER VIRUSES, CONTAMINANTS OR OTHER HARMFUL ITEMS. UNDER NO CIRCUMSTANCES WILL CASHNOTIFY, ANY OF OUR AFFILIATES, RESELLERS, DISTRIBUTORS, PARTNERS, LICENSORS, AND/OR ANY OF OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SOFTWARE.
To put it simply, we do our best to make CashNotify a great application to use, but cannot guarantee that it will always be entirely without its quirks, as is the case with any software.
Limitations on Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR LICENSE. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF THE SOFTWARE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE PURCHASE PRICE OF THE SOFTWARE, IF ANY (MAXIMUM BEING THE LESSER OF THE AMOUNT PAID BY YOU AND THE SUGGESTED RETAIL PRICE AS LISTED BY CASHNOTIFY), OR (B) FIFTY EUROS (€50). IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY BODILY INJURY, EMOTIONAL DISTRESS, DEATH OR ANY OTHER DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE SOFTWARE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY OR PROPERTY DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to hold harmless and indemnify CashNotify, and its subsidiaries, affiliates, resellers, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) Your breach of the EULA, (b) Your use of the Software, or © Your violation of applicable laws, rules or regulations in connection with the Software, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, CashNotify will provide You with written notice of such claim, suit or action.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to CashNotify.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
Choice of Law and Dispute Resolution
In the event of any controversy or dispute between CashNotify and You arising out of or in connection with your use of the Software (such as our website, blog, etc.) provided by CashNotify, the parties shall attempt, promptly, in good faith and before any judicial action, to resolve the dispute through alternative dispute resolution.
General Legal Terms
If any part of the terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
The failure of CashNotify to exercise or enforce any right or provision of the terms shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You agree that if CashNotify does not exercise or enforce any legal right or remedy which is contained in the terms (or which CashNotify has the benefit of under any applicable law), this will not be taken to be a formal waiver of CashNotify’s rights and that those rights or remedies will still be available to CashNotify.
CashNotify shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity.
Last updated: December 19th, 2017.
Your privacy is important to us. We have developed this Policy to help you understand how we collect, use, communicate and disclose personal information.
111B route de Bourg Evescal — La Curiaz
We will also ask you to provide personal information, but you’ll always be able to opt out. If you give us personal information, we won’t do anything evil with it.
CashNotify makes available services include our web sites (https://cashnotify.com (the “Site”)), our blog, our software, and any other software, sites, and services offered by CashNotify in connection to any of those (taken together, the “Service”). It is CashNotify’s policy to respect your privacy regarding any information we may collect while operating our Site.
Like most website operators, CashNotify collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. CashNotify’s purpose in collecting non-personally identifying information is to better understand how CashNotify’s visitors use its website. From time to time, CashNotify may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
CashNotify also collects potentially personally-identifying information like Internet Protocol (IP) addresses. CashNotify does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below. We may also collect and use IP addresses to block users who violated our Terms of Service.
Gathering of Personally-Identifying Information
Certain visitors to CashNotify’s websites choose to interact with CashNotify in ways that require CashNotify to gather personally-identifying information. These information may be freely provided by visitors, or collected automatically when using the Service. The amount and type of information that CashNotify gathers depends on the nature of the interaction. CashNotify collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with CashNotify. CashNotify does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain Service-related activities. Visitors are responsible for any personally-identifying information of third parties obtained, published or shared through the Service and confirm that they have the third party’s consent to provide the information to CashNotify.
Additionally, some interactions, such as posting a comment, may ask for optional personal information. For instance, when posting a comment, may provide a website that will be displayed along with a user’s name when the comment is displayed. Supplying such personal information is completely optional and is only displayed for the benefit and the convenience of the user.
Details on some third-party Personally-Identifying Information
Checkout and Trial
By buying a license for CashNotify software or downloading a trial version, users allow CashNotify to access personally-identifying information, stored by these third party services, for registration or identification purposes.
Access to third party services’ accounts
This type of services allows CashNotify to access personally-identifying information from your account on a third party service and perform actions with it. These services are not activated automatically, but require explicit authorization by you, the registered user:
CashNotify may collect statistics about the behavior of visitors to and users of the Service. For instance, CashNotify may monitor the most popular parts of the CashNotify Site. CashNotify may display this information in the aggregate publicly or provide it to others.
In addition, CashNotify may, from time to time, collect certain personal information from you, your use of the Services, and/or the users of your website, such as your customerbase growth, your revenue, and other metrics (your “Data”). CashNotify may publish and display your Data in the aggregate to the public through our Site or on our blog, e.g. by publishing a report on average revenue on the Site. However, all Data is only used and published in the aggregate which means that any published Data will not identify you, your website, your company or your users, or link you to the published information in any way. If you wish to opt out of the publication of your Data, please contact us as [email protected].
CashNotify does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
CashNotify discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on CashNotify’s behalf or to provide services available at CashNotify’s Site websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Service, you consent to the transfer of such information to them. CashNotify will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, CashNotify discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when CashNotify believes in good faith that disclosure is reasonably necessary to protect the property or rights of CashNotify, third parties or the public at large. If you are a registered user of the Service and have supplied your email address, CashNotify may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with CashNotify and our products. We primarily use our website and blog to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. CashNotify takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If CashNotify, or substantially all of its assets, were acquired, or in the unlikely event that CashNotify goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of CashNotify may continue to use your personal information as set forth in this policy.
CashNotify uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. You understand that although you retain full rights to your data, it may be stored on third party storage and transmitted through third party networks.
Mandatory CNIL notice for French visitors
Baguette Engineering SAS (“Baguette Engineering” ou “CashNotify”) dispose de moyens informatiques destinés à l’exécution du Service tel que défini ci-dessus.
Les informations enregistrées sont réservées à l’usage du (ou des) service(s) concerné(s) et ne peuvent être communiquées qu’aux destinataires suivants ; certains de ces destinataires sont situés en dehors de l’Union Européenne, et en particulier les destinataires suivants :
- Google (Google Inc.) – USA
- Intercom (Intercom Inc.) – USA
- Mailchimp (The Rocket Science Group, LLC) – USA
- Mixpanel (Mixpanel, Inc.) - USA
- Paddle (Paddle.com Market Limited) – UK
- Segment (Segment.io Inc.) - USA
- Sentry (Functional Software, Inc.) – USA
- Stripe (Stripe Inc.) – USA
Ces destinataires auront notamment communication des données personnelles suivantes : nom, prénom, email.
La transmission de ces données aux destinataires situés en dehors de l’Union Européenne est destinée à permettre la pleine exécution du Service, notamment l’aggrégation des évènements des comptes Stripe.
Les garanties suivantes ont été prises pour s’assurer d’un niveau de protection suffisant des données personnelles : le transfert bénéficie d’une des exceptions prévues à l’article 69 de la loi informatique et libertés, il est notamment nécessaire à la conclusion ou à l’exécution d’un contrat conclu ou à conclure, dans l’intérêt de la personne concernée, entre le responsable du traitement et un tiers.
Conformément à la loi « informatique et libertés » du 6 janvier 1978 modifiée, vous disposez d’un droit d’accès et de rectification aux informations qui vous concernent.
Vous pouvez accéder aux informations vous concernant en vous adressant à [email protected].