This End User License Agreement (“EULA”) is between you and 43 Systems UG (haftungsbeschraenkt), Andreasweg 21, 50999 Cologne, Germany (hereafter “43 Systems”) and governs the use of the mobile app 43me made available through the Apple App Store and Google Play Store. By installing the 43me App, you agree to be bound by this Agreement. If you do not agree with the terms and conditions of this Agreement, you are not entitled to use the 43me App.

Please read this EULA agreement carefully before completing the installation process and using the 43me software. It provides a license to use the 43me software and contains warranty information and liability disclaimers.

If you register for a free trial of the 43me software, this EULA agreement will also govern that trial. By clicking “accept” or installing and/or using the 43me software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.

This EULA agreement shall apply only to the Software supplied by 43 Systems herewith regardless of whether other software is referred to or described herein. The terms also apply to any 43 Systems updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.

Parties

This Agreement is between you and 43me only, and not Apple, Inc. (“Apple”) or Google LLS (“Google”). Notwithstanding the foregoing, you acknowledge that Apple and its subsidiaries are third party beneficiaries of this Agreement and Apple has the right to enforce this Agreement against you. 43me, not Apple, is solely responsible for the 43me App and its content.

If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.

Changes to this EULA

43 Systems reserves the right to modify this EULA at any time and for any reason. 43 Systems will post the most current version of this EULA at https://fortythree.me/eula/ . If 43 Systems makes material changes to this EULA, You will receive notification via the e-mail adress provided in your account information.

License Grant

43 Systems hereby grants you a limited, personal, non-transferable, non-exclusive, revocable licence to use the 43me software on your devices in accordance with the terms of this EULA agreement.

You are permitted to load the 43me software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the 43me software.

Your use of the Mobile App requires that You have an account with 43 Systems

You are not permitted to:

  • Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
  • Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
  • Allow any third party to use the Software on behalf of or for the benefit of any third party
  • Use the Software in any way which breaches any applicable local, national or international law
  • Use the Software for any purpose that 43 Systems considers is a breach of this EULA agreement

Intellectual Property and Ownership

43 Systems U shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of 43 Systems .

43 Systems reserves the right to grant licences to use the Software to third parties.

Software Enhancements and Maintenance

43 Systems may deploy changes, updates, or enhancements to the Mobile App at any time. 43 Systems may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.

No Warranty.

43me disclaims all warranties about the 43me App to the fullest extent permitted by law.

OUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 43 SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. 43 Systems does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device. 

iOS Application. In the event of 43 Systems’ failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.  

Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Technical Information Collection.

You agree that 43 Systems may, for business purposes and improving the Software, collect, process and use technical information that is gathered as part of any product maintenance and support services provided to you, and any other technical information you provide to 43 Systems, provided that such information does not identify You, a specific individual, or contain any personally identifiable information. By providing technical data and information to 43 Systems, you consent to 43 Systems’ storage and processing of such technical information for purposes of providing Software and support to you.

Personal Information

In the event you provide personal information to 43 Systems as part of your purchase and use of the Software, or for obtaining Maintenance, your personal information will be used, stored and processed in accordance with 43 Systems’ Privacy Policy, which can be found at https://fortythree.me/privacy-statement/

Termination

This EULA agreement is effective from the date you first use the Software and shall continue until terminated.

This EULA will continue to be in force until the expiry or termination of the Full version or the Trial version .

The Full version or Trial version can be terminated by you or 43 Systems at the end of the applicable license term. It will be automatically renewd for the license term period unless canceled in advance by you or 43 Systems

43 Systems is entitled to terminate the Full version or the Trial version during the license term with immediate effect and without prior notice in the event You fail to comply with the terms in this EULA, in the event You fail to pay Your (subscription) fee within the applicable payment term, or in the event 43 Systems is required to do so by law or an order of an applicable court.

Upon termination you shall cease all use of the 43me software.

This agreement will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.

You acknowledge that the provisions of this EULA, which by their nature are intended to survive termination, will remain in effect after termination of this EULA.

Governing Law

This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of Germany.