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End-user license agreement

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1. Validity

1.1 The Installation and use of ZmartWallet implies the agreement of the user to the terms of use as applicable and amended from time to time.

1.2 With the installation of the application, or the use of services of ZmartWallet, the terms of use become effective. The terms of use are founded for an infinite time and are terminable in a period of one week.

1.3 ZmartWallet is entitled to cancel the legal relationship with immediate effect for important reasons or if the user breaches the terms of use or applicable law.

2. Usage of ZmartWallet application

2.1 ZmartWallet is obtained through Apple’s software distribution platform (App Store), through Google’s software distribution platform (Google Play Store), and through Microsoft's software distribution platform (Windows Store). By installing and/or using ZmartWallet, the user confirms acceptance of this agreement and the user agrees to be bound by the terms of this agreement and the App Store Terms and Conditions, the Google Play Terms of Service, and Windows Store Terms of Use. 

2.2 The smartphone application ZmartWallet enables users to create and save their loyalty cards, stamp cards and gift cards on smartphones and to use them for digital identification. Furthermore, a user can be informed about current offers and coupons of loyalty card, stamp card and gift card carriers and about current deals of partner companies.

2.3 To benefit from ZmartWallet, users need to install the application on their smartphone and register their loyalty cards, stamp cards and/or gift cards with the data required. To complete the registration, the user needs to enter a valid email or phone number, a password and – for opening the application – a PIN code. ZmartWallet reserves the right at its own discretion to reject users due to input of invalid addresses or other causes.

2.4 ZmartWallet offers the application to users completely free of charge. It is possible that carriers levy charges for data transfer in connection with the use of ZmartWallet. Those costs must be borne by the user.

2.5 ZmartWallet may enable access to third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that the user accepts additional terms of service.

2.6 ZmartWallet grants the user a limited, non-exclusive, non- transferable and non-sublicense able right to use the application in the latest version including updates and other features subject to these terms of use. The right of usage shall expire upon the termination of the legal relationship.

2.7 The user is not allowed to modify, copy, disassemble, reassemble, distribute, publish, reverse engineer, build a derivate or duplicate the application, its components, services or features. The user is allowed to use ZmartWallet only for its own benefit and is not allowed to make the application available to third parties. The use of ZmartWallet for commercial purposes is prohibited.

2.8 Termination. The license is effective until terminated by the user or ZmartWallet. The user's rights under this license will terminate automatically without notice from ZmartWallet if the user fails to comply with any term(s) of this license. Upon termination of the license, the user shall cease all use of the application, and destroy all copies, full or partial, of ZmartWallet.

3. Privacy policy

3.1 The user agrees that Application Provider ZmartWallet may collect and use technical data and related information, including but not limited to technical information about the user's device, system and application software, and peripherals, which are gathered periodically to facilitate the provision of software updates, product support and other services to the user related to ZmartWallet. The application provider ZmartWallet may use this information, as long as it is in a form that does not personally identify the user, to improve ZmartWallet’s products or to provide services or technologies to the user. Since ZmartWallet is a free application for the user to download, at this time ZmartWallet does not require any financial information from the user.

3.2 Upon completing the registration (entering the phone number, App ID and registered virtual cards or any personal preferences), the user agrees that the data required to facilitate the usage of ZmartWallet will be stored, computerized and processed. Further features of ZmartWallet may require additional personal data like name, address, date of birth, phone number, personal preferences etc. Entering such additional data will be optional to users, and users agree to the terms of use and data privacy conditions by entering such data. The usage and disclosure of such data to a third party will be subject to data privacy requirements. ZmartWallet shall comply with all applicable laws on the protection of private data.

3.3 Certain offers and information will only be processed with the consent of the user. Granted such consent, ZmartWallet is allowed to transfer the data to partners.

3.4 We warn that data transfer via the internet (e.g. communication via email) may entail security risks. Absolutely secure protection of the data against third parties is not possible.

3.5 The usage of our contact data published pursuant to the imprint obligation by a third party for advertisement reasons is strictly prohibited. The operators of the ZmartWallet website reserve the right to take legal actions in the case of receiving unsolicited advertisement or information e.g. spam emails.

3.6 The application uses localization services provided by the manufacturer of the device where available to locate the current position of the user and e.g. display it on a map.

3.7 The user acknowledges that the data described under this section 3 may be collected directly by either ZmartWallet or a third party, e.g. the loyalty, stamp and/or gift card carrier.

4. Liability

4.1 ZmartWallet assumes no liability for material or immaterial damages caused by the usage of or reliance upon the information provided by the application or caused by inaccurate or incomplete information, unless the user incurs damages directly attributable to the gross negligence or willful default of ZmartWallet.

4.2 All offers, coupons, services etc. of ZmartWallet are non-binding. ZmartWallet is delivered on an “as-is, with-all-its-faults” basis. ZmartWallet does not guarantee the suitability of the App and its services, merchantability, fitness for a particular purpose, nor that special requirements or expectations of the user will be fulfilled.

4.3 ZmartWallet makes no warranties and assumes no responsibility for linked or external content within the meaning of section 5 of these terms. Except where mandatory under applicable law, liability for such content is disclaimed to the widest extent possible.

4.4 ZmartWallet assumes no responsibility and may not be held liable for the unauthorized duplication or usage of cards, offers or other content or for graphics, prepared texts, logos and brands protected by third-party rights.

4.5 The aforementioned limitation of liability does not apply to damages arising from personal injury or death or where the limitation is contrary to applicable law.

4.6 The user shall indemnify and hold ZmartWallet harmless from and against costs, damages or claims of third parties arising from the unlawful usage of ZmartWallet or from the user’s violation of these terms of service.

5. Links

5.1 The ZmartWallet website as well as the ZmartWallet application contain links to other websites, which are not in the sphere of influence of ZmartWallet. ZmartWallet does not control those websites, is not responsible for the content provided thereon and cannot be held liable therefore or deemed the agent or auxiliary person of the websites’ operators.

6. Application and amendments

6.1 These terms of use are effective regardless of whether ZmartWallet is used via the website, the mobile applications or in any other way. They govern in their version as valid from time to time the relationship between ZmartWallet and registered users. These terms of use are valid for the whole content, features or other services that are available within the scope of ZmartWallet. If users do not agree to the terms of use, they are not entitled to use ZmartWallet and are obliged to cease such usage immediately. In order to be eligible for specific services of ZmartWallet, the user may have to download software or content and/or have to agree to additional terms of use (hereinafter “additional conditions”). The use of specific features – especially those, which require an approval of additional conditions – can be limited to specific users and/or user groups.

6.2 ZmartWallet reserves the right to adjust these terms of use to new legislation, technology, services or amend them for other reasons. If, due to modifications of the terms of use, interests of users could be compromised, users will receive two weeks’ notice by the contact method indicated upon registration (email, SMS, IM etc.). After the lapse of two weeks from serving the notice, the use of ZmartWallet and its services will be subject to the amended terms of use. If a user does not agree with the modifications, he must cease using ZmartWallet immediately and contradict the validity of the new terms of service within two weeks of receiving the amendment notice. In that case, ZmartWallet is authorized to suspend the user’s account with and access to ZmartWallet with two weeks’ notice. If ZmartWallet is still in use after a period of two weeks after publishing the amendments, this shall be deemed implicit approval of the amended terms of use.

6.3 If any of the provisos of these terms of use are legally void or unenforceable, the validity of the remaining provisos of these terms of use shall not be affected. The single legally void or unenforceable regulation will be replaced by the relevant proviso under applicable law.

6.4 By installing the application, the user confirms that his command and understanding of the English language are adequate for the user to fully understand these terms of use.

7. Miscellaneous
This Agreement is governed by the laws of Denmark, without reference to conflict of law principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. This Agreement sets forth all rights for the user of the Software and is the entire agreement between the parties. This Agreement supersedes any other communications with respect to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by ZmartWallet. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by ZmartWallet. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The provision, which is held invalid, shall to the furthest extent possible be legally interpreted and construed in accordance with the intentions and the nature of this entire Agreement.