Remotly
Terms of Service and End User License Agreement (EULA)

NOTICE TO USER: Thank you for your interest in Remotly product. This Terms of Service and End User License Agreement (EULA) describes the terms and conditions under which you may install, use and distribute Remotly Software. Do not install or use Remotly Software until you have read and accepted terms and conditions of this End User License Agreement. By Installation or use of Remotly Software you will be deemed to accept the license terms. 

1. DEFINITIONS

1.1 Software – Remotly software (Remotly applications for Android, Windows or any other operating system)
1.2 Remotly Server - Remotly Server application for PC
1.3 You/User – the end user of the Software.
1.4 Agreement – this Terms of Service and End User License Agreement (EULA)
1.5 Mirillis – Mirillis Sp. z o.o.
1.6 Services - all services made available by Mirillis, including, but not limited to, services accessed through the Software, with web browser or by any other online communication means.
1.7 Remotly Services - Software and Services 
1.8 Free Version - Software version available for free, providing limited funtionality
1.9 Party – Mirillis Sp. z o.o., licensed end user.
1.10 Third Party – any other company or user different from Parties in point 1.9.

2. LICENSE, SOFTWARE USE AND DISTRIBUTION

2.1 LICENSE

Mirillis Sp. z o.o. grants you the non-exclusive, non-transferable, limited right and license to install and use the Software as long as you comply with the terms and conditions of this Agreement. 
The Software is licensed to you and you hereby acknowledge that no title or ownership of the Software is being transferred or assigned and this Agreement is not a sale of any rights to the Software. Any future Software versions or updates may include updated Agreement. Please read it carefully before installing Software updates.

2.2 SOFTWARE USE

You may install the Software on unlimited number of devices. The number of devices that can use the Software and Remotly Services at one time is limited by your license or subscription plan. 

2.2.1 General Software information and requirements 

2.2.1.1 Remotly Account

To fully use all Remotly Services it is required to create a Remotly Account. To create Remotly Account You must complete and submit an online registration form providing your e-mail address/username and password. To keep the Remotly Services secure, you should keep all usernames and passwords confidential. 

2.2.1.3 Free Version

The Free Version of the Software may be used only for personal, non-commercial use. Software functionality is limited by your license or plan version. For extended Software functionality it is required to subscribe to an appropriate plan.

2.2.1.4 Commercial use

For commercial use of the Software it is required to subscribe to Premium, Ultimate or Advanced plan. You may not use Free Version commercial purposes. You may use Open Beta version for home and commercial purposes.

2.2.1.5 Network connection

The Software requires a network connection. The Software may use mobile data connection. Mobile data use may incur additional charges from your operator. 

2.2.1.6 Connect Anywhere Cloud

Connect Anywhere Cloud service is limited to 8 GB of video transfer per month. To get more transfer please upgrade to Premium or higher plan.

2.2.1.7 High-risk use

You acknowledge that the Remotly Services are not intended for use and/or access in or during high-risk activities including (but not limited) to: life support systems, traffic control (including air traffic), medical activities and any other activities or systems where any malfunction can result in death, personal injuries or  damage to physical or intelectual properties. You agree to hold Mirillis and its officers, directors, employees, agents, affiliates and licensors harmless from any claims or losses resulting from any of the foregoing uses of the Remotly Services.

2.3 TRANSFER

You may not sell, rent, lease or sublicense the Software to another party. 

Only Mirillis Partners are authorized to resell Software licenses or subscriptions. 
To become a partner, please contact Mirillis using contact form available at: https://mirillis.com

2.4 DISTRIBUTION

The Software installation package may be freely distributed, with exceptions noted below, provided the distribution package is not modified. You may not sell, rent, lease or sublicense the Software to another Party. No person or company may charge a fee for the distribution of the Software without written permission from the copyright holder. The Software may not be bundled or distributed with any other package without permission of the copyright holder. All video recordings, audio recordings and screenshots recorded with the Software may be freely used and distributed as long as you make sure to compliance with applicable local laws (including, but not limited to, your local Copyright Law). 

2.5 TERMINATION

These Agreement will continue to apply until terminated, either by User or Mirillis as set forth below. You may terminate these Agreement at any time by permanently deleting the Software from your mobile or any other device in its entirety. 

Your license rights to the Software under this Agreement will terminate automatically without any notice from Mirillis if you fail to comply with any term(s) or condition(s) of this Agreement. In such event, you must immediately delete the Software and cease to use the Software.

Mirillis may, at our option and in addition to other remedies, immediately and without notice terminate these Agreement at any time or suspend access to the Remotly Services: (i) if Mirillis is required to do so by law; (ii) if Mirillis decides, at its sole discretion, to discontinue offering the Remotly Services; or (iii) for any other reason.  Mirillis shall notify You in advance about Agreement termination.  Mirillis shall not be liable for any loss or damages resulting from a termination of these Agreement.

2.6 CONSENT TO USE DATA, INTERNET CONNECTION AND THIRD PARTY SOFTWARE

You agree that Mirillis may collect technical information about your Software and computer to provide information about Software updates availability. You agree that the Software may use third party software and internet connection to provide full Software functionality, including but not limited to: third party software audio and video recording, checking Software updates availability, validate Software license or subscription plan.

2.7 OWNERSHIP

You acknowledge that the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and Mirillis and/or third parties own all right, title and interest in and to the Software and content, excluding content provided by you, that may be presented or accessed through the Software, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. 
All copyrights and all other intellectual properties to the Software are exclusively owned or licensed by Mirillis. This Software is licensed, not sold. All rights not expressly granted here are reserved by Mirillis.

2.8 INDEMNITY
To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Mirillis Sp. z o.o., its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from your use of the Software, including your downloading, installation, or use of the Software, or your violation of these Agreement.

2.9 RESTRICTIONS
	
You may not use, copy, publish, share, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, or any subset of the licensed program, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this License and may result in criminal and/or civil prosecution.

3 WARRANTIES AND LIMITATIONS OF LIABILITY

You acknowledge and agree that the entire risk arising out of use or performance of the Software remains with the user. You acknowledge and agree that when you use this Software in other locations than Poland then you do so on your own initiative and responsibility, and make sure to compliance with applicable local laws. 

3.1 LIMITED WARRANTY 

THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, THE SOFTWARE APPLICATION AND DOCUMENTATION(S)) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. 

MIRILLIS MAKES NO WARRANTY THAT THE REMOTLY SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE.  YOUR USE OF THE SOFTWARE AND/OR SERVICES IS AT YOUR OWN RISK. 

3.2 LIMITATIONS OF DAMAGES AND LIABILITY

NEITHER MIRILLIS NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE SOFTWARE OR ANY USE OF THIS SOFTWARE, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR MOBILE DEVICE, OR OTHER DEVICE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF PROFITS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MIRILLIS BE LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM USE OF THE SOFTWARE, OR RELIANCE ON THE INFORMATION PRESENTED IN CONNECTION WITH THE SERVICE OR SOFTWARE, EVEN IF MIRILLIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. YOU AGREE NOT TO ASSERT ANY SUCH CLAIM AGAINST MIRILLIS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES.

NEITHER MIRILLIS NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY ADDITIONAL COSTS, INLUDING, BUT NOT LIMITED TO ADDITIONAL CHARGES FROM MOBILE/TELECOMMUNICATION OPERATORS ARISING OUT OF THE SOFTWARE OR ANY USE OF THE SOFTWARE.

NEITHER MIRILLIS NOR ITS LICENSORS SHALL BE LIABLE IN ANY WAY FOR ANY DAMAGES OR LOSS ARISING OUT OF THE USE OF THE SOFTWARE BY ANY 3RD PARTY PERSON OR ORGANISATION.

4 GOVERNING LAW AND GENERAL PROVISIONS

This agreement shall be governed and construed in accordance with the laws of Poland. 
If for any reason a court of competent jurisdiction finds any part of this Agreement, to be void and unenforceable, the remainder of this Agreement will remain valid and enforceable to its terms.
Any dispute arising out of this Agreement shall be settled by the district court in Zielona Gora, POLAND.

5 TECHNICAL SUPPORT 

Technical support is not available for Free Version of the Software. Valid Remotly Account and Premium/Ultimate or Advanced Plan may be required to obtain technical support. Technical support will be delivered online via Remotly Account in following languages: English. Technical support for selected older versions of Remotly Software may be terminated. Installation of a newer version of Software may be required to obtain futher technical support.

Installing and using the Software signifies acceptance of these terms and conditions of the Agreement. If you do not agree with the terms of this Agreement you must remove the Software files from your storage devices and cease to use the product.

Thank you for using Remotly!

Mirillis Team