# IReceipt PRO End-User License Agreement ## 1. Preamble 1. This Agreement is between you, the end-user, (the “User” or “End-User”, a registered business entity), and IReceipt PRO ("IReceipt PRO” or "Application") owned by the company [Individual Entrepreneur SIARHEI DUDKO](https://dudko.dev) ("Owner"). IReceipt PRO and the User are each referred to herein as a “Party” and together as the “Parties". IReceipt PRO Application ("Application") is defined as the web service [IReceipt PRO API](https://api.ireceipt.pro) (), the web application [IReceipt PRO Dashboard](https://dashboard.ireceipt.pro) (), the website [IReceipt PRO](https://ireceipt.pro) (). 2. The purpose of this Agreement is to grant a non-exclusive license to the User, to provide by IReceipt PRO the Application to the User; and to specify the conditions under which IReceipt PRO authorizes the User to use the Application. 3. This Agreement is an obligation of the User and IReceipt PRO and does not impose any obligations on third parties such as Apple, Google, PayPal and others. ## 2. License use 1. IReceipt PRO grants the User a non-exclusive, non-transferable, non sub-licensable license to use the Application, subject to the provisions of this Agreement, and full payment of the fees pursuant to Article 6 of this Agreement. 2. The Agreement allows the User to use the Application in accordance with instructions and functionalities as described in the Associated Documentation, for the specific needs of the User’s commercial activity. "Associated Documentation" refers to the proof of functionalities linked to the Application, and enabling its use. Associated Documentation is available on [IReceipt PRO's Manual](https://dashboard.ireceipt.pro/faq) (). 3. The User is solely responsible for the correctness of the data that he enters into the application, the templates that he creates in the application and the result of generating images or files based on these templates or data. 4. The Agreement grants the User the right to commercial and non-commercial use of the generated files as is, without any responsibility on the part of IReceipt PRO for this use. ## 3. Limitations 1. Any rights not expressly granted to the User are reserved for IReceipt PRO. The User is prohibited from any use of the Application outside the scope determined by the license under this Agreement. Failure to respect this prohibition constitutes a material breach of this Agreement for which the User shall be held liable, and may result in a claim for damages, and in the termination of this Agreement including but not limited to all support rights and warranties granted herein. 2. The User may not share, copy, transfer, market, hire, sub-license, give, lend, distribute, market, or otherwise provide the Application to a third party (which includes but is not limited to any subsidiary, affiliate, franchisee, assignee, agent, customer, client, subcontractor, designer, supplier, independent contractor or freelancer). 3. The User may neither reverse engineer, decompile, disassemble, alter, nore attempt to access the source code of the Application. The User’s right to use the Application is, in all cases, limited to the executable code, and any attempt to access the source code is prohibited. This limitation is without prejudice to applicable mandatory legal provisions and treaties, particularly relating to interoperability, and solely to the extent that the decompiled data is necessary for inter-operability and has not been provided by IReceipt PRO, after written request by the User. 4. By accepting this Agreement or downloading, installing or using the Application, the User does not become the owner of the Application, Application files or Application data, as well as the rights to the Application, Application files or Application data. There is no act of “buying” or “selling” Applications, Application files, or Application data. The User receives permission to use the Application as is only in accordance with the provisions and within the limits provided for in this Agreement. IReceipt PRO remains the sole owner of the rights to the Application, Application files and Application data. ## 4. Duration and territoriality 1. The application can be used in any available regions if it does not contradict the legislation in the jurisdiction of which the User is located. 2. If this legislation directly or indirectly restricts the User from using the Application, then the User assumes responsibility for the need to stop using the Application. 3. "Any available regions" is defined both the technical ability to provide User access to the Application, and the fact that IReceipt PRO has the right to limit the list of available regions. 4. The validity period of this Agreement is determined from the moment the User installs the Application or first logs into the Application and is limited to 12 months from the date of the last use of the application by the User. ## 5. Intellectual property 1. The Application is protected by intellectual property rights owned by IReceipt PRO, contract law, and common liability law. 2. IReceipt PRO has and retains exclusive ownership, title and interest, and all associated intellectual property rights related to the Application in whole or in part, which the User acknowledges. The authorization granted to the User under this Agreement does not transfer to the User any of these rights, either in whole or in part. 3. Under no circumstances may the User act as the owner of the Application that IReceipt PRO makes available to the User. The physical control of Application is only granted to allow the User to enjoy the limited rights granted and subject to the authorization given. 4. If a dedicated “Credits”, “Colophon”, or similar section exists, the User has an obligation, to a reasonable extent, to credit IReceipt PRO as the originator and holder of all rights attached to the Application, and to display citations of authorship, copyright, trademark, or other applicable law attached to the Application. ## 6. Payment 1. The User can purchase various Subscription options available on [IReceipt PRO Dashboard](https://dashboard.ireceipt.pro/subscription ) (< >). 2. Subscription options provide the user with improved application functionality or increased usage limits without any guarantees. The improved functionality of the application is defined in the relevant documentation. The relevant documentation is available on [IReceipt PRO Dashboard](https://dashboard.ireceipt.pro/faq ) (< >). The increased limits are defined on the subscription page [IReceipt PRO Dashboard](https://dashboard.ireceipt.pro/subscription ) (< >) 3. The validity period of the improved functionality or increased limits is determined in accordance with the subscription period. The right to use improved functionality or increased limits is automatically renewed along with the renewal of the subscription, unless the User cancels the subscription. 4. The subscription to the plan will be terminated without refund if the User has changed the subscription plan from a cheaper to a more expensive one, or from a more expensive to a cheaper one. In this case, a new subscription plan will be activated from the current date. 5. The Subscription may be terminated if the User violates this Agreement. Without refund of the cost paid. 6. The Subscription may be terminated at the initiative of IReceipt PRO with a refund of the subscription price in the amount of a multiple of the remaining subscription period, rounded down. Or without refund if the user has used more than 70% of the requests available in the subscription. 7. The limits on the use of requests are reset once a month on the first day, regardless of the date when the subscription was activated. 8. The User's subscription (paid or free) does not cancel or modify this Agreement. ## 7. Warranties 1. You expressly acknowledge and agree that use of the Application is at your sole risk. 2. To the maximum extent permitted by applicable law, the Application and any services performed or provided by the Application are provided "as is" and “as available,” with all faults and without warranty of any kind, and IReceipt PRO hereby disclaims all warranties and conditions with respect to the Application and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of noninfringement of third-party rights. 3. No oral or written information or advice given by IReceipt PRO or its authorized representative shall create a warranty. 4. Should the Application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. 5. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. ## 8. Limitation of Liability 1. To the extent not prohibited by law, in no event shall IReceipt PRO be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the Application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if User has been advised of the possibility of such damages. 2. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. 3. In no event shall IReceipt PRO’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of hundred dollars ($100.00). 4. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. ## 9. Termination 1. This Agreement may be terminated at the initiative of the User, but not earlier than 12 months after the last login or use of the Application by the User. 2. This Agreement may be terminated on the initiative of IReceipt PRO in case of violation of this Agreement by the User, or if the use of the Application by the User is contrary to the legislation of Georgia. 3. This Agreement is automatically terminated 12 months after the User last logged into the application or used the application services. This option will be canceled if the User uses the Application during this period or later. 4. In case of termination of this Agreement, the User undertakes to delete his profile from the Application, as well as delete the Application from all his devices. Violation of this clause results in damage to the IReceipt PRO. 5. The fact of occurrence of the case specified in clause 10.4 of the current Agreement immediately terminates this agreement and the User agrees to the obligation to comply with clause 9.4 of the current Agreement. ## 10. Assignment 1. This Agreement is concluded by IReceipt PRO in consideration of the User’s person. The User therefore agrees not to assign, subrogate or transfer this Agreement, in whole or in part, to a third party, without IReceipt PRO’s prior written consent. 2. This Agreement is concluded by the User regardless of IReceipt PRO’s person, IReceipt PRO may assign, subrogate or transfer this Agreement, in whole or in part, to a third party, without the User’s prior written consent. 3. The User accepts and agrees to this Agreement by installing or using the Application. 4. The User represent and warrant that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. ## 11. Applicable law and competent jurisdiction 1. The Parties agree that the Agreement is prepared, subject to, and interpreted according to the laws of Georgia and that the exclusive jurisdiction for any disputes shall be the competent courts of Tbilisi. 2. In the event of a potential dispute, the User undertakes to provide notice to IReceipt PRO, either by email or by registered mail with acknowledgement of receipt, of the issue and to engage in good-faith discussions to reach an amicable solution. In the event of failure to reach an amicable solution, the Parties agree that the dispute shall be heard as set forth above. 3. The User expressly agrees that the United Nations Convention on Agreements for International Sales of Goods is excluded. ## 12. Updating 1. The User undertakes to independently monitor changes to the current Agreement. The text of the current Agreement is available at [IReceipt PRO's Terms of Use](https://ireceipt.pro/docs/license.md) () 2. By continuing to use the Application, the user automatically agrees to the changes in the License Agreement. 3. If the User does not accept the changes in the License Agreement, then he must stop using the Application within 30 days. At the same time, the previous version of the License Agreement will apply for this period. ## 13. Contact Information 1. For all matters related to the current Agreement, With the Application or the operation of the Application, the User has the right to contact the technical support service: 1. Email: ```EULA V1.001 - 20240125```