This End-User License Agreement (the “EULA”) is a legal agreement between you (either as individual, a single entity or a group of entities) and HY B.V. (Netherlands KVK: 77920805) (“hybrix” and/or “hy.company”) in relation to your use of hybrix’s “digital platform” (the “Digital Platform”) [1] whether pre-installed, downloaded, and/or “used online” [2] which includes computer software and may include associated media, content, data, printed material(s) and/or electronic documentation(s), and is owned by hybrix. The term(s) ‘digital platform’ and ‘used online’ will be respectively defined below.
By using this digital platform you agree to the terms of this EULA. If you do not accept the aforesaid terms, please refrain from using this digital platform.
[1,2] As defined in Article 2 below.
Article 1 – Preamble
1.1 The foregoing introductory clause(s), and any footnote(s), are incorporated into, and shall form an integral part of this, EULA.
Article 2 – Definition(s)
2.1 “Digital platform” shall mean the relevant and respective service(s) provided by the website, <hybrix.io>, whether upon creating an account with the aforesaid website or otherwise such as, but are not limited to, listing your account, allocation and/or project(s) on the aforesaid website.
2.2 “Used online” shall mean accessing and/or utilizing via the Internet.
Article 3 – Grant of License
3.1 Hybrix grants you, a limited, non-exclusive license to use, access, display and run a (1) copy of the digital platform on your “electronic device(s)”, local hard disk(s), or other permanent storage media of your computer(s) and you may not make this digital platform available, as in proxy, over a network where it could be used by multiple computers at the same time.
Article 4 – Reservation of Rights and Ownership
4.1 Hybrix reserves all rights not expressly granted to you in this EULA. This digital platform is protected by copyright and the relevant intellectual property law(s). Hybrix owns the title, copyright and other intellectual property right(s) in this digital platform. This digital platform is licensed, and not sold to you.
Article 5 – Limitations on End-User Right(s)
5.1 You shall not, and shall not enable or permit others to, reverse-engineer, decompile, disassemble, attempt to discover the algorithm(s) of this digital platform, and/or modify, disable any feature(s) of the aforesaid digital platform. You may not rent, lease, lend, sub-license, and/or provide commercial hosting service(s) within this, digital platform. You may not transfer this EULA or the right(s) to this, digital platform granted herein to any third party. Where this digital platform is used by your employee(s), agent(s), and/or servant(s), and/or any other person using the aforesaid digital platform as part of your undertaking (your “Staff”), the relevant member(s) of your Staff is licensed to use the aforesaid digital platform as if it were you, and must comply with these term(s) on the same basis. Any failure to comply with these term(s) by your Staff shall be deemed to be a failure to comply with these term(s) by you.
Article 6 – Hybrix’s Digital Platform Update(s)
6.1 Hybrix may, from time to time, but is not in any way, obliged to make available to you update(s), upgrade(s), supplement(s) and add-on(s) of the aforesaid digital platform, including bug fixes, enhancement(s), feature improvement(s) and/or deletion(s) to the aforesaid Platform, in parts or as a whole (collectively, “Update(s)”). This EULA applies to all and any component of the Update(s), unless we provide other term(s) along with such Update(s).
Article 7 – Consent to use of Data
7.1 By using the, aforesaid digital platform, you agree to the use of your, information in the manner described below, and in accordance with, hybrix’s Privacy Policy which is available at the website address of, <hybrix.io>:
(a) Diagnostic and usage data: You agree that hybrix and its affiliate(s) may collect, maintain, process and use diagnostic, diagnostic-related, technical, usage, and usage-related information (“Diagnostic and Usage Data”) to improve hybrix product(s) and service(s), facilitate the provision of Update(s), product and service support and other related service(s) to you and to verify compliance with term(s) of this EULA.
Article 8 – Termination
8.1 This EULA is effective until it is terminated. Your right(s) provided for under this EULA will terminate automatically and without notice from hybrix if you fail to comply with any of the term(s) and condition(s) set forth in this EULA. Upon termination of this EULA you must cease all use of the, aforesaid digital platform. Article(s) 7, 9, 10, 12, 14 and 15 of this EULA shall survive any such termination.
Article 9 – Disclaimer of Warranty
9.1 This digital platform is provided on an “as is” and “as available” basis without warrant(ies) of any kind from hybrix, either express or implied to the fullest extent possible pursuant to applicable law. hybrix disclaims, to the fullest extent possible pursuant to applicable law, all warrant(ies), express, implied, and/or statutory, including, but not limited to, implied warrant(ies) of merchantability, satisfactory quality or workmanlike effort, fitness for a particular purpose, reliability or availability, accuracy, lack of virus(es), quiet enjoyment, non-infringement of third-party right(s) and/or other violation of right(s). No advice or information, whether oral or written, obtained by you from hybrix and/or its affiliate(s) shall be deemed to alter this disclaimer by hybrix regarding the aforesaid digital platform, or to create any warranty of any sort from hybrix. You expressly acknowledge and agree that, to the fullest extent possible pursuant to applicable law, the use of the aforesaid digital platform, any service(s) performed by and/or performed in the aforesaid platform and/or accessed through the aforesaid platform is AT YOUR SOLE RISK and that the ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
Article 10 – Third-Party Application(s)
10.1 Certain third-party, application(s) or service(s) may be included with the aforesaid digital platform. Such third-party application(s) or service(s) may display, include or make available content, data, information, application(s) and/or material(s) from, third-part(ies), and/or, provide uniform resource locator(s) (“URL(s)”) to third-party website(s). By using the aforesaid digital platform you acknowledge and agree that hybrix is NOT responsible for the availability of such application(s) and is NOT responsible or liable for any content, advertising, product(s), service(s), or other material(s) on or available from such, application(s). You expressly acknowledge and agree that the use of third-party application(s) is at your sole risk and that the entire risk of unsatisfactory quality, performance, accuracy and effort is with you. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative work(s) based on the aforesaid digital platform and such third-party application(s) in breach of the accompanied license, and you shall not exploit the aforesaid digital platform and such third-party application(s) in any unauthorized way whatsoever, including but not limited to using the aforesaid platform and such third-party application(s) to transmit any computer virus(es), worm(s), Trojan horse(s), malware, and/or by trespassing and/or burdening network capacity. You further agree not to use the aforesaid digital platform(s) and/or such third-party application(s) in any manner, to harass, abuse, stalk, threaten, defame or otherwise infringe or violate, the right(s) of any other party, and that hybrix is not, in any way, responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal message(s) and/or electronic transmission(s) that you may receive as a result of using the aforesaid digital platform and/or such third-party application(s). Reference(s) on this digital platform to any name(s), mark(s), product(s), and/or service(s) of any third-part(ies) are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, and/or, affiliation to any third-part(ies) and/or their respective product(s) and/or service(s). You acknowledge and agree that the use of any third-party application is governed by such third-party application provider(s)’ term(s) of use, license agreement, privacy policy, and/or other such agreement and that any information and/or personal data that you provide, whether knowingly or unknowingly, to such third-party application provider, will be subject to such third-party application provider(s)’ privacy policy, if such a policy, exists. hybrix DISCLAIMS ANY RESPONSIBILITY FOR ANY DISCLOSURE OF INFORMATION OR ANY OTHER PRACTICE(S) OF ANY THIRD-PARTY APPLICATION PROVIDER. hybrix EXPRESSLY DISCLAIMS ANY WARRANTY REGARDING WHETHER YOUR PERSONAL DATA IS CAPTURED BY ANY THIRD-PARTY APPLICATION PROVIDER, AND/OR THE USE TO WHICH SUCH PERSONAL DATA MAY BE PUT BY SUCH THIRD-PARTY APPLICATION PROVIDER.
Article 11 – Digital Certificate
11.1 You acknowledge and agree that you are solely responsible for your decision to rely on a digital certificate issued by hybrix or a third-party for your use of such certificate. hybrix makes no express or implied warrant(ies) or representation(s) as to the merchantability or fitness for any particular purpose, accuracy, security, and/or non-infringement of third-party right(s), to the fullest extent possible pursuant to applicable law, with respect to such digital certificate(s).
Article 12 – Limitation of Liability
12. hybrix WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE AFORESAID DIGITAL PLATFORM OR ANY THIRD-PARTY APPLICATION, ITS CONTENT OR FUNCTIONALITY, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FAILURE TO CONNECT, NETWORK CHARGES, IN-APPLICATION PURCHASES, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
Article 13 – Applicable law
13.1 This EULA is governed by the laws of the Kingdom of the Netherlands.
Article 14 – Dispute resolution
14.1 If any dispute, controversy or difference(s), in any way, arising out of, in connection of, or relating to, this EULA, or your use of this digital platform is not amicably settled, it shall be subject to the exclusive jurisdiction of the Dutch Courts. Notwithstanding the foregoing, hybrix may apply for injunctive remedies (an equivalent type of legal reliefs) in any jurisdiction.
Article 15 – Entire Agreement; Severability
15.1 This EULA is the entire agreement between you and hybrix relating to this digital platform and supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the aforesaid digital platform or any subject-matter covered by this EULA. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.