EULA App - One Cloud Digital

End-User License Agreement

Updated at 2022-02-01

Schedy (Brand of One Cloud Digital App) hereby grants you access to (“the Website”) and invites you to purchase the services offered here.

Definitions and key terms

To help explain things as clearly as possible in this Eula, every time any of these terms are referenced, are

strictly defined as:

l Cookie: small amount of data generated by a website and saved by your web browser. It is used to identify

your browser,

provide analytics, remember information about you such as your language preference or login information.

l Company: when this policy mentions “Company,” “we,” “us,” or “our,” it refers to ONe Cloud Digital Ltd, 20-22 Wenlcok

Road

N17GU - London (Uk) that is responsible for your information under this Eula.

l Country: where Schedy or the owners/founders of Schedy are based, in this case is ITALY

l Service: refers to the service provided by Schedy as described in the relative terms (if available) and on this

platform.

l Third-party service: refers to advertisers, contest sponsors, promotional and marketing partners, and others

who provide

our content or whose products or services we think may interest you.

l You: a person or entity that is registered with Schedy to use the Services.

Introduction

This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”,“you”

or “your”) and ONe Cloud Digital Ltd (“Company”, “we”, “us” or “our”). This Agreement governs the relationship between you and us,

and your use of the

Company Schedy. Throughout this Agreement, End User and Company may each be referred to as a “Party”

or collectively, the

“Parties”.

If you are using the app on behalf of your employer or other entity (an “Organisation”) for whose benefit you

utilise the app or

who owns or otherwise controls the means through which you utilise or access the app, then the terms “End

User”, “you”, and

“your” shall apply collectively to you as an individual and to the Organisation. If you use, or purchase a

license or to, the app on

behalf of an Organisation, you hereby acknowledge, warrant, and covenant that you have the authority to 1)

purchase a license

to the app on behalf of the Organisation; 2) bind the Organisation to the terms of this Agreement.

By downloading, installing, accessing, or using the app you: (a) affirm that you have all of the necessary

permissions and

authorisations to access and use the app; (b) if you are using the app pursuant to a license purchased by an

organisation, that

you are authorised by that organisation to access and use the app(c) acknowledge that you have read and

that you understand

this agreement; (d) represent that you are of sound mind and of legal age (18 years of age or older) to enter

into a binding

agreement; and (e) accept and agree to be legally bound by the terms and conditions of this agreement.

If you do not agree to these terms, do not download, install, access, or use the software. if you have already

downloaded the

software, delete it from your computing device.

The Application is licensed, not sold, to you by Schedy for use strictly in accordance with the terms of this

Agreement.

License

Subject to the terms of this Agreement and, if applicable, those terms provided in the License Agreement,

Schedy grants you a limited, non-exclusive, perpetual, revocable, and non-transferable license to:

(a) download, install and use the Software on one (1) Computing Device per single user license that you

have purchased and

been granted. If you have multiple Computer Devices in which you wish to use the Software, you agree to

acquire a license for

the number of devices you intend to use;

(b) access, view, and use on such Computing Device the End User Provided Materials made available in or

otherwise

accessible through the Software, strictly in accordance with this Agreement, and any other terms and

conditions applicable to

such End User Provided Materials;

which you

purchased the license to the Software.

Restrictions

- You agree not to, and you will not permit others to: License, sell, rent, lease, assign, distribute, transmit,

host, outsource, disclose or otherwise commercially exploit the Application or make the Application available

to any third party.

- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of

the Application. Remove, alter or obscure any proprietary notice (including any notice of copyright or

trademark) of Schedy or its affiliates, partners, suppliers or the licensors of the Application.

- The user is solely responsible for the content he publishes. It can upload images from its account, into the

feeder, in observance of the rule of common decency. Full nude images are prohibited and will be promptly

removed from the gym owner

Intellectual Property

All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether

patentable or not), trademarks service marks, trade secrets, know-how and other confidential information,

trade dress, trade names, logos, corporate names and domain names, together with all of the good will

associated there with, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are

part of the Software that are otherwise owned by Schedy shall always remain the exclusive property of

Schedy (or of its suppliers or licensors, if and when applicable). Nothing in this Agreement grants you (or any

Organisation) a license to Schedy."’s" Intellectual Property Rights.

You agree that this is Agreement conveys a limited license to use Schedy."’s" Intellectual Property Rights,

solely as part of the Software (and not independently of it), and only for the effective Term of the license

granted to you hereunder. Accordingly, your use of any of Schedy."’s" Intellectual Property Rights

independently of the Software or outside the scope of this Agreement shall be considered an infringement of

Schedy."’s" Intellectual Property Rights. This shall not limit, however, any claim Schedy may have for a

breach of contract in the event you breach a term or condition of this Agreement. You shall use the highest

standard of care to safeguard all Software (including all copies thereof) from infringement, misappropriation,

theft, misuse or unauthorised access. Except as expressly granted in this Agreement, Schedy reserves and

shall retain all rights, title, and interest in the Software, including all copyrights and copyrightable subject

matter, trademarks and trademark able subject matter, patents and patentable subject matter, trade secrets,

and other intellectual property rights, registered, unregistered, granted, applied-for, or both now in existence

or that may be created, relating to the thereto.

You (or the Organisation, if and as applicable) shall retain ownership of all Intellectual Property Rights in and

to the work products that you create through or with the assistance of the Software.

Your Suggestion

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you

to Schedy with respect to the Application shall remain the sole and exclusive property of Schedy.

Schedy shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any

way without any credit or any compensation to you.

Modifications to Application

Schedy reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or

any service to which it connects, with or without notice and without liability to you.

Updates to Application

Schedy may from time to time provide enhancements or improvements to the features/ functionality of the

Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Application. You agree that

Schedy has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular

features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii)

subject to the terms

and conditions of this Agreement.

Term and Termination

This Agreement shall remain in effect until terminated by you or Schedy.

Schedy may, in its sole discretion, at any time and for any or no reason, suspend or terminate this

Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from Schedy, in the event that you fail to

comply with any provision of this Agreement. You may also terminate this Agreement by deleting the

Application and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the

Application from your computer.

Termination of this Agreement will not limit any of Schedy."’s" rights or remedies at law or in equity in case of

breach by you

(during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify, defend and hold harmless Schedy and its officers, directors, employees, agents,

affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies,

claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever

kind, including reasonable attorneys’ fees, arising from or relating to: i) your use or misuse of the Software;

ii) your failure to comply with any applicable law, regulation, or government directive; iii) your breach of this

Agreement; or iv) your agreement or relationship with an Organisation (if applicable) or any third party.

Furthermore, you agree that Schedy assumes no responsibility for the information or content you submit or

make available through this Software or the content that is made available to you by third parties.

No Warranties

The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without

warranty of any kind. To the maximum extent permitted under applicable law, Schedy, on its own behalf and

on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all

warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all

implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and

warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, Schedy provides no warranty or undertaking, and makes no

representation of any kind that the Application will meet your requirements, achieve any intended results, be

compatible or work with any other software, applications, systems or services, operate without interruption,

meet any performance or reliability standards or be error free or that any errors or defects can or will be

corrected.

Without limiting the foregoing, neither Schedy nor any Schedy."’s" provider makes any representation or

warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the

information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted

or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the

Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of Schedy

are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the

applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not

apply to you.

Limitation of Liability

Notwithstanding any damages that you might incur, the entire liability of Schedy and any of its suppliers

under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to

the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall Schedy or its suppliers be liable for any

special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for

loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of

privacy arising out of or in any way related to the use of or inability to use the Application, third-party software

and/or third-party hardware used with the Application, or otherwise in connection with any provision of this

Agreement), even if Schedy or any supplier has been advised of the possibility of such damages and even if

the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so

the above limitation or exclusion may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and

interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable

law and the remaining provisions will continue in full force and effect.

Waiver

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under

this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any

right or power under this Agreement preclude further exercise of that or any other right granted herein. In the

event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this

Agreement shall govern.

Amendments to this Agreement

Schedy reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision

is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a

material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound

by the revised

terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

Governing Law

The laws of ITALY, excluding its conflicts of law rules, shall govern this Agreement and your use of the

Application. Your use of the Application may also be subject to other local, state, national, or international

laws.

Changes to this agreement

We reserve the exclusive right to make changes to this Agreement from time to time. Your continued access

to and use of the app constitutes your agreement to be bound by, and your acceptance of, the terms and

conditions posted at such time. You acknowledge and agree that you accept this Agreement (and any

amendments thereto) each time you load, access, or use the app. Therefore, we encourage you to review

this Agreement regularly.

If, within thirty (30) days of us posting changes or amendments to this Agreement, you decide that you do not

agree to the updated terms, you may withdraw your acceptance to the amended terms by providing us with

written notice of your withdrawal.

Upon providing us with the written notice of the withdrawal of your acceptance, you are no longer authorised

to access or use the app.

No Employment or Agency Relationship

No provision of this Agreement, or any part of relationship between you and Schedy, is intended to create nor

shall they be deemed or construed to create any relationship between you and Schedy other than that of and

end user of the app and services provided.

Equitable Relief

You acknowledge and agree that your breach of this Agreement would cause Schedy irreparable harm for

which money damages alone would be inadequate. In addition to damages and any other remedies to which

Schedy may be entitled, you acknowledge and agree that we may seek injunctive relief to prevent the actual,

threatened or continued breach of this Agreement.

Headings

The headings in this Agreement are for reference only and shall not limit the scope of, or otherwise affect,

the interpretation of this Agreement.

Geographic Restrictions

The Company is based in ITALY and provided for access and use primarily by persons located in ITALY, and

is maintains compliance with ITALY laws and regulations. If you use the app from outside ITALY, you are

solely and exclusively responsible for compliance with local laws.

Limitation of Time to File Claims

Any cause of action or claim you may have arising out of or relating to this agreement or the app must be

commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is

permanently barred.

Entire Agreement

The Agreement constitutes the entire agreement between you and Schedy regarding your use of the

Application and supersedes all prior and contemporaneous written or oral agreements between you and

Schedy.

You may be subject to additional terms and conditions that apply when you use or purchase other

Schedy."’s" services, which

Schedy will provide to you at the time of such use or purchase.

Contact Us

Don't hesitate to contact us if you have any questions about this Agreement.

Via Email: noreply@schedy.app Powered by TCPDF (www.tcpdf.org)