Software End User License Agreement

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Please read this End User License Agreement, hereinafter: “EULA” or “Terms”, carefully before installing and using the Software. By installing or otherwise using the Software, you agree to be bound by this EULA, including those regarding the collection of your personal data. This EULA is an agreement between you and the Licensor that governs your use of the Software and supersedes all prior or contemporaneous agreements, arrangements, and understandings governing the use of the Software.

DEFINITIONS:

EULA – this End User License Agreement.

Intellectual Property or IP – any intellectual property rights of any nature related to the Software, in particular: patents, registered trademarks, service marks, copyrights, designs, as well as any applications for the registration of such rights; unregistered trademarks, service marks, designs, design rights, and copyrights; computer software, and any rights or interests in any of the above.

LicensorWIPERAPP spółka z ograniczoną odpowiedzialnością [limited liability company] with its registered office in Wrocław, at the address: ul. Kominiarska 42b, 51-180 Wrocław, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for Wrocław-Fabryczna in Wrocław, VI Commercial Division of the National Court Register, under KRS number: 0000998099; NIP [Tax ID]: 8952106773; REGON [Statistical ID]: 365941748; share capital of PLN 5,000.00, hereinafter also referred to as: WIPERAPP. For the purposes of these Terms, WIPERAPP shall also mean any other entity or person having a personal or capital link with WIPERAPP, remaining in a relationship of dependence or association with it, including those controlled indirectly or directly by WIPERAPP, to whom WIPERAPP has entrusted, based on separate regulations, even a part of the performance of this EULA.

Software – means any WIPERAPP software for the removal of data from hard drives, with functionality allowing for the irreversible deletion of data, in executable format, licensed by WIPERAPP, including any modifications, updates, versions, and documentation files accompanying the Software, as specified in the order. 

User – refers to the commercial entity or individual acting in a professional capacity that exercises rights under this Agreement, using the Software. 

 

§ 1 

GENERAL PROVISIONS

  1. Subject of the EULA. This EULA sets out the legal terms regarding the use of the Software concluded between WIPERAPP and the purchaser of the license (the User). The subject of the EULA is to establish the rules of use and to grant a non-exclusive, non-transferable, limited license to use the Software solely for the purposes of access and use in accordance with these Terms.
  2. Acceptance of the EULA. Acceptance of the EULA is necessary for the purchase and subsequent use of the Software. By downloading, installing, copying, accessing, or using the Software, the User agrees to comply with the terms of this EULA. If the User acts on behalf of another entity, the User declares and confirms that they are fully authorized to bind said entity to the terms of this EULA.
  3. Lack of acceptance. If the User does not agree to these Terms, the User is prohibited from downloading, installing, copying, accessing, or using the Software. In such a case, the User promptly undertakes to return or delete the Software.
  4. Information on changes. The User agrees and declares that any use of the Software during and after thirty (30) days from the posting of the changed version of this EULA by WIPERAPP on its website, or after receiving an e-mail notifying of such change, will constitute the User’s consent to the new or changed Terms. In case of non-acceptance of the changed Terms, the User should notify WIPERAPP of such non-acceptance. At any time, the User may also be informed of new updates or new versions of the Software. Downloading an updated or new version of the Software and/or continued use of the Software constitutes acceptance of these Terms by the User, and such use takes place on the terms indicated herein. If the User does not agree to comply with these Terms, they may not use new versions and updates of the Software.

 

§ 2 

SOFTWARE

  1. Type of drives. The Software is certified and intended for wiping data from drives and devices of various types (PC, servers, phones). 
  2. Technical requirements. Prior to installation, the User is obliged to ensure that the device meets the minimum technical requirements for the proper functioning of the Software, specifically: a minimum of 2 GB RAM and stable internet access at the start and end of the data wiping process. WIPERAPP does not guarantee the proper functioning of the Software on devices that do not meet these requirements. Furthermore, if the wiping process is interrupted before full completion and report generation (e.g., due to power failure, User error, or failure to meet technical requirements), the hard drive must be treated as non-wiped. WIPERAPP shall not be liable for data security or any potential data leaks from devices where the process has not reached “Completed” status.
  3. Virtual Machine. The Software is designed to operate both on physical hardware and within Virtual Machine (VM) environments. The User is authorized to install and use the Software on supported virtualization platforms, subject to the terms of the License.
  4. License keys. The right to use the Software is strictly contingent upon the possession and activation of unique access keys issued by WIPERAPP. These keys serve as a technical protection measure. The absence, expiration, or loss of a valid access key shall preclude any right to utilize the Software. Mere possession of the Software binaries without a valid, active key does not confer any license rights upon the user.
  5. Third-Party software. The Software may contain free programs without distribution restrictions, “open source” programs, or others subject to third-party copyrights (Third-Party Software). Third-Party Software is subject to the terms and conditions of its respective license agreement (including regarding warranties), and not to the Terms set forth above, which apply to the Software. WIPERAPP provides no warranty and bears no legal liability for any Third-Party Software. Warranties and legal obligations towards the User regarding Third-Party Software should result from the relevant terms and conditions issued by those third parties.
  6. Proof of wiping validity. The sole and exclusive evidence of the successful completion of the data wiping process by the Software is a digitally generated certificate bearing a unique checksum. Failure to produce such a certificate indicates that effective data wiping cannot be guaranteed. This certificate constitutes the only valid basis for verifying that the process has been successfully executed.

 

§ 3 

WIPERAPP BUSINESS MODEL

  1. Entrepreneur status. The Software is offered exclusively for commercial and professional use (B2B). The User represents and warrants that they are not a consumer nor an entrepreneur with consumer rights (i.e., a natural person entering into an agreement not directly related to their business activity or an agreement that does not have a professional character for them). The User confirms that the purchase and the use of the Software is directly related to their business activity and has a professional character for them.
  2. Effects of misrepresentation. In the event of misleading WIPERAPP as to the User’s status, WIPERAPP is entitled to all legal remedies to evade the legal effects of its declaration of intent (including invoking a mistake) or the right to withdraw from the agreement with immediate effect. In such a case, the User waives all claims arising from consumer protection laws.
  3. Sales models. The Software is licensed in two models: 
    1. license for a specific number of data wiping operations: The User acquires the right to perform a predetermined number of data wiping operations using the Software. The license does not entitle the User to perform a greater number of data wiping operations than that covered by the purchased license. In order to perform a larger number of data wiping operations, the User is obliged to purchase another license. The User receives the license for an indefinite period. 
    2. subscription:
      The User acquires the right to use the Software for a specified period without a limit on the number of data wiping operations during the subscription period. If the User wishes to perform data wiping operations after the subscription period expires, the User is obliged to purchase another subscription (or buy a license for a specific number of data wiping operations).
  4. Export compliance. The Software may be subject to export control laws and regulations. The User represents and warrants that the User is not located in an embargoed country or a prohibited end user under applicable export and anti-terrorism laws, regulations, and lists. The User agrees not to export, re-export, transfer, or make the Software available to any prohibited person, entity, or country in violation of such laws. This applies in particular to Users associated with countries subject to sanctions or high-risk jurisdictions, specifically: the Russian Federation, the Republic of Belarus, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Syrian Arab Republic, the Republic of Cuba, the Bolivarian Republic of Venezuela, Afghanistan, the Republic of Iraq, Libya, the Republic of the Sudan, the Republic of South Sudan, the Republic of Mali, the Central African Republic, the Republic of the Union of Myanmar, the Republic of Yemen, the Federal Republic of Somalia, the Republic of Nicaragua, and the Islamic Republic of Pakistan. Furthermore, Users located in any other jurisdiction are strictly prohibited from offering services based on the Software, selling, transferring, or otherwise making the Software available to any entities or individuals located in or associated with the restricted countries listed herein. The User shall indemnify, defend, and hold harmless the Licensor and its affiliates from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with the User’s violation of any such export control laws or regulations. The Licensor reserves the right to terminate this EULA with immediate effect if it has a reasonable basis to believe that the User is in breach of this clause. 
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§ 4

INTELLECTUAL PROPERTY, SCOPE OF LICENSE

  1. Ownership rights. By using the Software, the User confirms that WIPERAPP is the exclusive owner, unlimited in time or territory, of all Intellectual Property rights to the Software (and any related services), including copyrights, patents, trademarks, trade secrets, database rights, and has the full right to transfer these rights to third parties, and the User has no other rights to the Software than using it in accordance with this EULA.
  2. Registration of Intellectual Property. “WIPERAPP” is a registered trademark of WIPERAPP sp. z o.o. and/or its affiliates or subsidiaries. Other WIPERAPP company marks, product and service names are also trademarks of WIPERAPP sp. z o.o. and/or its affiliates or subsidiaries.
  3. Prohibition of resale. In accordance with the terms and conditions of this EULA, WIPERAPP grants the User a non-exclusive, non-transferable, non-assignable, personal license to use the Software solely for the User’s own internal use. The Software is subject to licensing, not to the resale. The User agrees not to transfer, resell, assign, or share the license to the Software, in whole or in part, with third parties, unless they are an authorized partner of WIPERAPP, and agrees not to allow third parties unauthorized access to the Software.
  4. Prohibition of assignment. The User may not transfer or sublicense the rights resulting from the license to the Software without the prior written consent of the Licensor, otherwise being null and void. This EULA and the rights resulting herefrom do not give the User any title or ownership rights to any part of the Software and should not be treated as a transfer of any copyrights or other intellectual property rights existing therein.
  5. Additional requirements. Using the Software on certain devices may require acceptance of additional terms established by the manufacturer or distributor of that device. By using the Software, you must comply with the applicable terms of third-party agreements (if the Software uses third-party components).
  6. Open source. Notwithstanding the foregoing license, the User acknowledges that certain components of the Software may be covered by open source software licenses (“Open Source Components”), i.e., any software licenses approved as open source licenses by the Open Source Initiative or substantially similar licenses. The Licensor will provide a list of Open Source Components for a specific model or version of the Software upon the User’s request. To the extent required by the licenses covering the Open Source Components, the terms of such licenses will apply to those Open Source Components in lieu of the terms of this EULA. To the extent that the terms of the licenses applicable to Open Source Components prohibit any of the restrictions contained in this EULA with respect to such Open Source Components, such restrictions will not apply to those Open Source Components. All requests for source code or related information should be directed solely to the Licensor. 
  7. Feedback. Any feedback, comments, or suggestions regarding the Software shall become the sole property of the Licensor, who may use them without any obligation or compensation to the Licensee. 

 

§ 5 

RIGHTS AND OBLIGATIONS

  1. Legal obligation. When using the Software, the User undertakes to comply with all legal provisions, concerning in particular: protection of intellectual and industrial property rights, trade secrets, safety standards, protection of personal rights, including personal data. The User indemnifies WIPERAPP against any claims brought against WIPERAPP in connection with any such unlawful action by the User.
  2. Notification. The User should immediately notify WIPERAPP of any breach of the security of the Software and the security mechanisms for using the Software.
  3. User’s duties. During the use of the Software, or any part thereof, the User should in particular:
    1. ensure that the Software is installed only on devices intended for it and does not threaten the security of data stored on other devices,
    2. inform WIPERAPP immediately upon noticing unauthorized use of the Software by any person,
    3. process data in compliance with generally applicable provisions on the protection of personal data. 
  4. Prohibitions. The User is prohibited, without the prior written permission of WIPERAPP under penalty of nullity, from the following actions:
    1. assigning, reselling, lending, duplicating, or any other form of distribution of the Software and accompanying materials,
    2. modifying, adapting, translating, or otherwise interfering with the Software for any purpose,
    3. creating derivative works of the Software and accompanying materials,
    4. removing or obscuring trademarks and ownership information placed in the Software, copies of the Software, and accompanying materials,
    5. reverse engineering / attempting to discover the source codes of the Software.
  5. Payment. By purchasing a license to use the Software, the User undertakes to settle license fees in accordance with the price list indicated on the WIPERAPP website, i.e. www.wiperapp.com. If the User fails to pay the license fee to WIPERAPP, they do not acquire the license and thus have no possibility of using the Software.
  6. Data Security. The User bears full responsibility for the security of data processed with the Software, including the security of data enabling logging in to use the Software, Software usernames, or passwords.
  7. Guarantee. The User guarantees that data, information, records, applications, and documents provided to WIPERAPP are, to the best of their knowledge, correct and do not contain known or suspected material inaccuracies or distortions, and have not been manipulated.

 

§ 6 

WIPERAPP WARRANTIES

  1. “As is”. WIPERAPP does not provide a guarantee or warranty for reliable, uninterrupted, error-free, and defect-free operation of the Software. The Software is provided “as is” and “as available” without any other warranties than those described in this paragraph. The entire risk as to the selection of the software for the User’s purposes, as well as the quality and performance of the Software, is with the User. WIPERAPP has made every effort to ensure that the Software works correctly in accordance with the assumptions. Nevertheless, the current state of technology does not allow for guaranteeing the complete error-free nature of the Software, nor that it will fully satisfy the requirements and meet the goals of the User or that it will cooperate with other programs freely chosen by the User. The User therefore bears full responsibility for: 1) the choice of the Software, 2) the consequences of the choice and use of the Software, and 3) the results obtained by the User in the course of using the Software.
  2. Data overwriting. The User acknowledges that intensive data overwriting processes (particularly multiple passes) may strain the hardware and, in extreme cases, lead to hardware failure or the loss of the hardware manufacturer’s warranty. The User therefore bears full responsibility for the results obtained by the User in the course of using the Software.
  3. Data destruction compliance. The User acknowledges that the software provides a technical tool for data wiping . The User bears sole and exclusive responsibility for verifying and ensuring that the data wiping methods employed by the software meet all applicable legal, industry, or corporate standards, policies, and regulations governing data destruction that are applicable to the User. WIPERAPP makes no representation or warranty that the use of the software will satisfy the requirements of any specific law, regulation, or standard.
  4. High-Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage. The Licensor expressly disclaims any express or implied warranty of fitness for such High-Risk Activities.
  5. Third-Party Software. Any warranties granted under this EULA do not cover Third-Party Software. Third-Party Software is provided without any representations as to Terms and warranties in any sense, unless otherwise specified in the terms and conditions of the Third-Party Software license. WIPERAPP provides no warranties and assumes no liability for any incorrect operation of Third-Party Software.

 

§ 7 

UPDATES, MONITORING 

  1. Updates. WIPERAPP reserves the right to update and modify the Software at its own discretion. The User is entitled to use the current version of the Software only. Updates are categorized as follows:
    1. standard updates: These updates serve to improve functionality or add new features. The User will receive a pop-up notification about the update. 
    2. critical updates: These updates concern security, stability, or critical errors. The User is obliged to install critical updates immediately upon availability. WIPERAPP reserves the right to suspend the Software’s functionality entirely until the critical update is successfully completed by the User.
  2. Monitoring and compliance. WIPERAPP reserves the right to monitor the usage of the Software as reasonably necessary to ensure compliance with applicable laws and to disclose relevant information to competent authorities. In the event of any use of the Software deemed to be in violation of applicable law, WIPERAPP reserves the right, at its sole discretion, to block, reject, or remove, in whole or in part, any data, materials, or output generated through such unlawful use.
  3. Audit Rights. The Licensor may, at its own expense and upon reasonable notice, audit the User’s use of the Software to verify compliance with this Agreement. If an audit reveals that the User has underpaid fees or used the Software in excess of the license scope, the User shall be invoiced for such underpaid fees based on the Licensor’s then-current price list. If the underpayment exceeds 5% of the fees legally due, the User shall also reimburse the Licensor for the reasonable costs of conducting the audit. The User’s unreasonable refusal to permit an audit, or any action taken by the user to obstruct an audit, shall be considered a material breach of this EULA, entitling the Licensor to terminate this Agreement with immediate effect.
  4. Collection and ownership of aggregated data. WIPERAPP reserves the right to monitor, collect, and analyze data, records, and information arising from the use of the Software. WIPERAPP shall retain sole and exclusive ownership of such data, provided it is processed into an aggregated or anonymized form (“Aggregated Data“). WIPERAPP may use, publish, and operate Aggregated Data for any purpose, on the condition that such data is fully de-identified and does not contain any Personally Identifiable Information (PII) or otherwise reveal the User’s identity. For the avoidance of doubt, WIPERAPP does not monitor, collect, or analyze the content of any data, records, or information subject to the wiping process. The monitoring activities described herein are strictly limited to technical and operational information concerning the Software itself and do not extend to the data processed by the Software for wiping.

 

§ 8 

INDEMNIFICATION OF WIPERAPP, LIMITATIONS OF LIABILITY, FORCE MAJEURE

  1. Data removal. The use of the Software and related services results in the wiping of all or specific data or files on the hard drive in the computer system, data storage device, or portable device, and the User bears sole and full responsibility for creating backup copies of their data or the data of a third party for which they are responsible on their hard drive, computer system, data storage device, or portable device.
  2. Liability. The User agrees to indemnify, defend, and hold harmless the Licensor and its affiliates, officers, directors, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with the User’s violation of this Agreement or misuse of the Software.
  3. Infrastructure and technical limitations. WIPERAPP is not liable for any failures, security breaches, or loss of data resulting from issues related to the infrastructure controlled by the User. Furthermore, WIPERAPP does not guarantee the effective deletion of data from devices with physical defects (e.g., bad sectors) to which the device controller has blocked access. In such cases, the User is obliged to physically destroy the storage media to ensure full data security.
  4. Further limitations of WIPERAPP’s liability. The User undertakes to indemnify and protect the Licensor (and its affiliates) from any claims, losses, obligations, damages, fines, penalties, costs, and expenses (reasonable attorney’s fees and court costs) resulting from the use of the Software. The User’s obligations under this paragraph remain in force even after the expiration or termination of this EULA.
  5. WIPERAPP is not liable for any damage including, in particular, loss of data, loss of business profit, or loss of business information resulting from the use or inability to use the Software, business interruption, damage resulting from the purchase of replacement products, nor for other special derivative and indirect damages resulting from the use or inability to use the Software, even if WIPERAPP has been notified of the possibility of such damages and regardless of how these damages arose.
  6. Monetary limitation of liability. WIPERAPP’s total aggregate liability – whether in contract, warranty, tort, product liability, or otherwise – shall in each case be limited to and not exceed the fees paid by the User for the Software within the twelve (12) month period immediately preceding the event giving rise to the claim, unless mandatory law provides otherwise.
  7. Exclusion of statutory warranty. To the fullest extent permitted by applicable law, the parties hereby agree to fully exclude the Licensor’s liability under statutory warranty for physical and legal defects (rękojmia), including but not limited to the liability under the provisions of the Polish Civil Code.
  8. Data responsibility. WIPERAPP provides a technical tool only and does not, in any respect, act as a data controller or a data processor with regard to the User’s personal data within the meaning of the applicable data protection regulations. WIPERAPP has no access to the content of the data processed or deleted using the Software; the User remains the sole party determining the purposes and methods of data processing and bears full and exclusive responsibility for such operations.
  9. Force Majeure. WIPERAPP shall not be liable to the User or any third parties in connection with this EULA if the performance of duties resulting from the EULA or the conduct of business is suspended or delayed as a result of actions, events, omissions, or accidents beyond reasonable control, including strikes, lockouts, labor disputes, DDoS attacks, massive hacking attacks, failures of global cloud service providers or internet infrastructure (concerning WIPERAPP or the other party), disruptions in the supply of utility services, transport or telecommunications network problems, war, insurrection, riots, intentional damage, fire, flood, storm, gale, or negligence of suppliers or subcontractors. Upon becoming aware of the occurrence of force majeure, WIPERAPP will inform the User of these circumstances and their expected duration.

 

§ 9

INDEMNIFICATION OF THE USER AGAINST LEGAL CLAIMS

  1. WIPERAPP guarantees that no element of the Software – when used in accordance with the EULA – infringes intellectual property rights in the country of delivery.
  2. In the event of claims against the User and a determination that the Software infringes the intellectual property rights of a third party, WIPERAPP may, at its own option, either 1) undertake the defense and join the ongoing dispute or 2) may cover the costs and damages awarded against the User in each case, however, only after the joint fulfillment of the following conditions by the User:
    1. The User informs WIPERAPP of the third-party claim within thirty (30) days of receiving the third-party claim,
    2. WIPERAPP will have the exclusive right to undertake the defense or conclude a settlement in the case,
    3. The User will not make any statement contrary to the interest of WIPERAPP regarding such a claim and in the course of its investigation by a third party.
  3. The above exemptions and assurances do not apply to Third-Party Software.

 

§ 10

TERMINATION OF THE LICENSE AGREEMENT

  1. General Rule. This license is effective for the duration of the paid subscription period or the term specified in the order. The license and all rights granted to the User shall expire automatically and immediately upon: (i) the end of the paid subscription period if no renewal is made, or (ii) a breach of this EULA by the User, without prejudice to the Licensor’s right to claim compensation under applicable law. In the event of expiration or termination, the User shall lose all rights to use the Software and must cease its use immediately.
  2. The User may terminate the license agreement at any time by uninstalling the Software, which does not release the User from fulfilling the obligation to pay the fees due to WIPERAPP.
  3. When WIPERAPP may terminate the EULA. WIPERAPP may terminate the license agreement with immediate effect in the event of a material breach of the terms of this EULA. In particular, WIPERAPP reserves the right to terminate the EULA at any time it freely determines and at its own discretion if the User’s behavior violates the principles of permitted use of the Software, in particular, by the User:
    1. allowing the Software to be used for promoting or undertaking criminal activities or activities inconsistent with the prevailing law;
    2. allowing the Software to be used for infringing the intellectual property rights of third parties;
    3. in the event of the User’s objection to the new terms of use of the Software;
    4. in case of non-acceptance of the change of Terms.
  4. In the event of the expiration of the EULA or its termination – regardless of the reasons – the User loses the right to use the Software without any rights to compensation and is obliged to uninstall the Software, remove, and destroy all copies of the Software.
  5. Notwithstanding the above provisions, a User violating this EULA and applicable law is subject to civil and criminal liability determined by the relevant legal provisions due to the subject of the violation.
  6. Survival. The provisions of this Agreement regarding Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law shall survive the termination or expiration of this Agreement for any reason.

 

§ 11 

CONFIDENTIALITY

  1. Confidential Information“ means any information (in written, oral, or electronic form) regarding the business and affairs of either party that the other party obtains or receives as a result of discussions leading to the conclusion of, related to the conclusion of, or performance of this EULA.
  2. The party receiving confidential information (“Recipient“) should keep strictly secret the information provided by the party that disclosed it (“Discloser“). Both parties undertake that regarding the Confidential Information of the other party during the term of this EULA and for five (5) years after its expiration, they will:
    1. keep it secret and not disclose it to third parties,
    2. use this information only to the extent necessary to perform this EULA.
  3. The Recipient is responsible for any unauthorized disclosure or use of the Discloser’s Confidential Information made by the Recipient’s employees, officers, agents, representatives, or subcontractors and should take all precautions to prevent such unauthorized disclosure or use.
  4. The above restrictions regarding disclosure do not apply to Confidential Information which:
    1. the Recipient possessed before disclosure by the other party and is able to provide evidence thereof, and it is not information covered by a confidentiality clause for other reasons;
    2. should be disclosed due to applicable law, or its disclosure was requested by the relevant authorities;
  5. was publicly available at the time of receipt by the Recipient.

 

§ 12 

NATURE OF THE AGREEMENT

  1. Presumption of partnership. Nothing in this EULA is intended to create a partnership between the parties or authorize either party to act as an agent of the other party. Neither party is authorized to act on behalf of or in place of the other party in any way binding upon it (which may involve granting warranties, the presumption of any obligations, liability, or other rights).
  2. Entire agreement. This EULA constitutes the entire agreement regarding its subject matter and supersedes all prior or contemporaneous, written or oral, representations, arrangements, and understandings regarding the Software and other matters regulated herein. Nothing contained in any order of a party except for dates, names, locations, quantities, and price may be used in any way to modify or supplement this EULA.
  3. If any term or provision of the EULA is invalid, unlawful, or unenforceable due to legal regulations or principles of public policy, all other terms and provisions of the EULA shall remain in full force and effect, provided that the economic and legal assumptions are not harmful to the other party in any way. If any provision of this EULA is found to be contrary to applicable law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this EULA will remain in full force.
  4. Assignment. WIPERAPP has the right to transfer the rights and obligations resulting from the EULA in whole or in part to any third parties and entities.
  5. Notices. All notices, including the termination of the agreement, shall be made in documentary form and sent via electronic mail (e-mail). Such notices shall be deemed delivered after one (1) day from the date of sending to the respective e-mail addresses of the parties.
  6. Publicity. The User agrees that the Licensor may identify the User as a customer of the Software and use the User’s name and logo in sales presentations, marketing materials, and on the Licensor’s website for promotional purposes. The User may revoke this consent at any time by sending a written notice to the Licensor. 
  7. Non-binding nature of external instructions. Any instructions, manuals, tutorials, guidelines, or similar information published by WIPERAPP, particularly those available on the WIPERAPP website, knowledge base, or in other marketing and technical documents, are provided solely for informational purposes and have no legal binding force. The User acknowledges and agrees that all rights, obligations, and warranties concerning the Software arise exclusively from the provisions of this EULA, and no external instruction shall be deemed to modify, expand, or supersede the terms herein.

 

§ 13 

FINAL PROVISIONS

  1. Governing Law. Both parties agree that the law of this EULA is Polish law, which will serve to resolve, interpret, and enforce the rights, duties, and obligations – both of the User and WIPERAPP – arising from or in any way related to this EULA.
  2. Jurisdiction. All rights, duties, and obligations are subject to the Polish courts. Any disputes arising in connection with this EULA will be considered and resolved by the competent court in Wrocław, Poland, and You hereby irrevocably submit to the exclusive jurisdiction of that court.
  3. The EULA applies from 07.02.2026.
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