This End User License Agreement (“EULA”) is a binding agreement between you and Sekkara (“Sekkara”, “we”, “us”, or “our”) and governs your use of the Sekkara consumer app and the Sekkara POS merchant app (each, the “App”). This EULA is in addition to our Terms of Service and Privacy Policy. By downloading, installing, or using an App, you accept this EULA.

License grant

Subject to your compliance with this EULA, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download and use the Sekkara app (and, where you are authorised by a Merchant, the Sekkara POS app) on a device that you own or control, solely for their intended purpose within the Sekkara loyalty platform and for your personal or internal business use. The Sekkara POS app is licensed for use by Merchants and their authorised staff only.

License restrictions

You may not, and may not permit others to:

Reverse-engineer, decompile, or disassemble the App, or attempt to derive its source code;
Copy, modify, adapt, translate, or create derivative works of the App, except as permitted by law;
Rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App;
Remove, alter, or obscure any proprietary notices in the App;
Tamper with, circumvent, or disable any security or integrity features of the App;
Use the App to build a competing product or service.

Ownership & intellectual property

The App is licensed, not sold. Sekkara and its licensors retain all right, title, and interest in and to the App, including all software, designs, and the Sekkara name and marks, and all related intellectual-property rights. This EULA grants you no rights other than the limited license expressly set out above.

App-store terms

Your download and use of an App is also subject to the terms of the store from which you obtained it.

Apple App Store (iOS). Apple’s standard Licensed Application End User License Agreement applies to the Sekkara app (bundle io.sekkara.client). To the extent of any conflict between that agreement and this EULA, Apple’s agreement governs. You acknowledge that this EULA is between you and Sekkara only, and not with Apple; Sekkara (not Apple) is solely responsible for the App and its content. Apple has no obligation to provide support or maintenance for the App. Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you. You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-parties list.
Google Play (Android). Your use of an App obtained from Google Play (io.sekkara.client and com.loyalty.pos_app) is also subject to the Google Play Terms of Service. To the extent of any conflict, the Google Play terms govern with respect to your acquisition of the App from Google Play.

Updates

We may release updates, upgrades, bug fixes, and new versions of the App from time to time. Updates may be downloaded and installed automatically, depending on your device and store settings. This EULA governs any update unless the update is accompanied by a separate license, in which case that license applies. Keeping the App updated helps maintain security and compatibility.

Termination

This EULA and your license are effective until terminated. Your license terminates automatically if you breach this EULA, and we may terminate it at any time. On termination, you must stop using and delete all copies of the App. Uninstalling the App or deleting your account (see Delete your account & data) does not by itself relieve you of obligations that survive termination, including ownership, disclaimers, and limitation of liability.

Disclaimer of warranties

To the maximum extent permitted by law, the App is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure.

Limitation of liability

To the maximum extent permitted by law, Sekkara will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising out of or relating to your use of the App. Our total liability for any claim relating to the App will not exceed [PLACEHOLDER: liability cap].

Export compliance

You agree to comply with all applicable export-control and sanctions laws and regulations. You may not use, export, or re-export the App in violation of those laws, and you represent that you are not located in, or a national or resident of, any country or on any list subject to such restrictions.

Governing law

This EULA is governed by the laws of [JURISDICTION], without regard to conflict-of-laws rules, except where the applicable app-store terms (such as Apple’s Licensed Application End User License Agreement) require otherwise.

Contact

For questions about this EULA, contact us at legal@sekkara.io, or write to us at:

Sekkara
Riyad

End User License Agreement (EULA)