End User License Agreement (EULA)
License Agreement
These terms and conditions govern the licensing of our products to you. We offer licenses to use applications, commonly known as apps. By purchasing a license and using the app, you agree to adhere to these terms.
Licensor Information:
Name: Nicholas Keith Pyne
Email: nic@nextedgesolutions.co.uk
Licensee:
You are defined as: Anyone who purchases a license from us.
Definitions:
"App" refers to a software application designed for use on any compatible device, offered for license on our website, whether purchased by you or not.
"Device" includes any workstation, electronic application, or electronic receiving device capable of utilizing the App.
"Copy or Publish" means reproducing or publishing the App, in whole or in part, using any means and in any medium. This includes modification, alteration, cropping, or use as part of another created work.
"Intellectual Property" encompasses all intellectual property owned by us, whether registered or registerable, including but not limited to apps, patents, trademarks, designs, copyrights, domain names, discoveries, creations, and inventions, along with all rights deriving from those rights.
"License" refers to the license granted by us to you under the terms of this agreement for the use of an App.
"Our Website" refers to any website or service designed for electronic access by mobile or fixed devices that is owned or operated by us. This includes all web pages controlled by us.
"Restrictions on Use" refers to the limitations set forth in this agreement and any additional restrictions chosen at the time of purchase. These may include limitations on use, territory, duration, or any other parameters that define the scope of the App. This also includes any limitations agreed upon in private correspondence between us before your purchase.
"Software" means the software which comprises the App or which provides an electronic function supporting the use of the App.
Interpretation
Throughout this agreement, unless the context otherwise requires:
Reference to a Party: Includes individuals, corporations, and any organizations managed or controlled as a unit. This also extends to successors, legal representatives, permitted assigns, and any entities to whom rights and obligations are transferred as a result of a merger, division, reconstruction, or other reorganization.
Headings: The headings used in this agreement are for convenience only and do not affect its interpretation.
Language: This agreement is drafted in the English language. In the event of any inconsistency between the English language version of this agreement and any translation in another language, the English version shall prevail. Any translations provided are for convenience only and have no legal effect.
Confirming Authority
You confirm your legal authority to enter this agreement and that all necessary permissions have been obtained.
You acknowledge that your decision to enter this contract is based solely on information available on our Digital Platform and app.
You are responsible for adhering to any relevant laws or importation rules in your jurisdiction that might affect your rights to import, use, or export the Program.
Grant of License
Subject to the payment of the license fee and adherence to the other terms of this agreement, we grant you a license for the duration specified at checkout to use the app worldwide.
We reserve the right to refuse or revoke a license and refund your payment if you reside in a country where we do not offer licenses.
The license granted to you is non-exclusive, non-transferable, and subject to the terms of this agreement.
No express or implied licenses for the app or any other materials are granted to you, other than the license explicitly granted in this agreement.
Further Requirements of the License
You are not permitted to allow any other person to use the app except in the circumstances or content for which you have purchased it.
Each instance of the app's publication or installation on a device must be safeguarded, to the fullest extent permitted by law, by separate, specific, or general provisions against copying or publishing. You are authorized to use the definition of "copy or publish" as provided in this agreement.
You are prohibited from using an app:
For any purpose other than those specified at the time of purchase.
To incorporate it, either in part or in whole, into any of your intellectual property.
Inaccurate information provided by you may result in the termination of your license, and no refund will be issued.
License Grant
Upon payment and subject to this agreement’s terms, we grant you a License to use the Application globally for the duration specified at purchase.
The License is non-exclusive and limited by the conditions set forth herein.
License Use
You must ensure the Application is used only within the specified context of purchase, adhering to any terms set regarding reproduction or distribution as outlined.
Pricing
The price payable is clearly outlined on our website.
All payments are considered subscriptions and will auto-renew and auto-bill until cancelled. You can cancel your subscription by either cancelling via Stripe or sending an email to us.
Prices include any applicable goods and services tax or other sales tax.
In the event of an underpricing error, we are not liable to supply the app at the incorrect price, provided that we notify you before delivery.
Prices do not include import duties or any other taxes imposed by the importing country, all of which are payable by you.
You agree to pay all sums due under this agreement promptly and without any set-off, deduction, or counterclaim.
If you sign up for a free trial, you acknowledge that unless you cancel the free trial, it will convert to a paid license at the end of the trial period.
All payments made by you are non-refundable, and cancellation or termination of this agreement by you or us at any time and for any reason will not entitle you to a refund of any payments made
Financial Terms
Pricing for Applications is transparent and displayed on our Digital Platform and within the Application’s interface.
All fees are based on subscription models with automatic renewals. You must cancel through your payment provider to avoid renewal charges.
The price may vary by country, and certain taxes or duties may apply depending on your location.
All payments are non-refundable and must be made without any withholding or deductions.
Security of Customer Card Information
If you choose to store your card details with us for future purchases, please be assured that your information will be securely stored and fully encrypted. We take the security of your data seriously and employ industry-standard security measures to protect it.
We use Stripe as our payment processor. Stripe is a secure and trusted platform that adheres to the highest industry standards for data protection and security. Your card details are encrypted and stored securely by Stripe, ensuring that your sensitive information is always protected.
By storing your card details with us, you authorize us to securely store and process your payment information using Stripe's secure payment gateway.
Usage Limitations
You agree not to:
Misuse the Application beyond the agreed terms of purchase.
Decompile, reverse-engineer, or otherwise attempt to derive the source code of the Program.
Rent, lease, or lend the Application.
Free Trial Terms
7-Day Free Trial Entitlement:
All new users are entitled to a 7-day free trial of the app upon initial registration. This free trial grants access to core app features and functionality as specified on our website, free of charge, for a period of seven (7) consecutive days.
Automatic Conversion to Subscription:
If the trial is not cancelled before the end of the 7-day period, it will automatically convert into a monthly paid subscription. Users will be billed according to the pricing displayed at the time of registration unless cancelled through the appropriate method.
Exploitation and Abuse Policy:
We reserve the right to monitor usage activity to prevent abuse of the free trial system. Any user suspected of attempting to exploit or circumvent the trial limitations (including but not limited to creating multiple accounts or using false information) will have their trial automatically converted to a paid monthly subscription without prior notice.
In the event of misuse, we may also take further actions including:
Immediate termination of access
Suspension or revocation of licenses
Legal proceedings if warranted
By signing up for a trial, you agree to these terms and acknowledge that misuse may result in automatic charges and/or termination of service.
Restrictions on App Usage
By using our app, you agree to adhere to the following restrictions:
Personal Use Only: The app is licensed for your personal use only. You are not permitted to allow any other person or entity to use the app, except in the circumstances or content for which you have purchased it.
Prohibited Activities: You must not use the app for any unlawful or prohibited purpose. This includes, but is not limited to:
Violating any applicable laws, regulations, or ordinances.
Infringing upon the rights of others, including intellectual property rights.
Uploading, posting, or transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
Uploading, posting, or transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
Interfering with or disrupting the operation of the app or any servers or networks connected to the app.
Restrictions on Modification: You are prohibited from modifying, adapting, translating, or creating derivative works based upon the app, in whole or in part.
No Intellectual Property Incorporation: You must not incorporate the app, either in part or in whole, into any of your intellectual property.
Accuracy of Information: You agree that any information you provide to us is accurate and complete. Inaccurate information may result in the termination of your license, and no refund will be issued.
Compliance with Laws: You are responsible for compliance with all laws and importation procedures of your jurisdiction that might affect your right to import, export, or use the app. You represent that you have complied, or will comply, with such laws and procedures.
No Reverse Engineering: You must not reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the app, except and only to the extent that such activity is expressly permitted by applicable law.
No Transfer of Rights: Your license to use the app is non-exclusive, non-transferable, and non-assignable. You may not transfer, sublicense, or assign your rights under this agreement to any third party.
Restrictions on App Usage
By using our app, you agree to adhere to the following restrictions:
Single Device Usage: You are permitted to download and use the app on one device only. You are prohibited from downloading the app on more than one device or using the app on two or more devices simultaneously.
Sharing of the App: You may share the app with others only if they are bound by the terms of this agreement. In such cases, they will legally be considered as licensees under this agreement and must adhere to its terms and conditions.
Disclaimer and Limitation of Liability
The legal landscape varies from one country to another. This paragraph applies only to the extent permitted by applicable law.
We exclude all implied conditions, warranties, and terms from this agreement. Should any jurisdiction not permit the exclusion of implied conditions, warranties, or terms, this provision shall be limited only to the extent necessary to release those specific conditions, warranties, or terms.
We provide no guarantee or warranty that the app will:
Meet your specific requirements
Be of satisfactory quality
Be fit for any particular purpose
Be secure, error-free, or uninterrupted
Be valuable or accessible without interruption
We do not claim expertise in any subject matter. We disclaim any obligation or liability arising directly or indirectly from any information obtained from our app or website.
You agree that in any circumstance where we might become liable to you, our liability is limited to the amount you have paid for a license.
We are not liable for any indirect, consequential, or economic loss, including loss of turnover, profits, business, or goodwill, even if such loss was foreseeable or we were made aware of the possibility of such loss.
This provision applies to all individuals associated with Next Edge Solutions.
Nothing in this agreement limits or excludes our liability for death or personal injury caused by our negligence.
Indemnification
You agree to indemnify Next Edge Solutions and its affiliates, officers, directors, employees, agents, and licensors against all costs, claims, damages, expenses, liabilities, and exposures, including reasonable attorneys' fees, arising directly or indirectly from:
Your failure to comply with the laws of any country;
Your breach of this agreement; or
Your use of the app causing a breach of the agrement
Any act, negate or default by any agent, employees licenses or customer of yours
SMS Notifications & Support Messages
By creating an account with Marketplace Monitor, you agree that we may send you SMS messages for service-related purposes, including but not limited to:
Account setup and activation assistance
Security notifications (e.g., login alerts, password resets)
Important feature updates related to your usage of the platform
These messages do not include marketing and are strictly for customer support and service-related purposes.
You may opt out of SMS communications at any time by replying STOP to any message or by contacting our support team at marketplacemonitor@nextedgesolutions.co.uk
Copyright and Intellectual Property
You are obligated to respect all intellectual property rights associated with the Application and to notify us of any suspected infringements.
All content included in or made available through our app, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Next Edge Solutions LTD or its content suppliers and is protected by copyright laws and international treaties.
You may not extract and/or re-utilize parts of the content of our app without our express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization any substantial parts of this app, without our express written consent.
All intellectual property rights in the app and its content, including without limitation trademarks, trade names, and logos displayed on the app, are owned by us or our licensors.
By using our app, you agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our app, except as necessary for your own personal, non-commercial use, or as authorized in writing by us.
If we terminate the license due to your breach of this agreement:
You must immediately cease all use of the app.
You must delete or remove the app from all devices in your possession.
You will not be entitled to any refund or compensation.
You will remain liable for any outstanding fees or charges up to the date of termination.
You will indemnify us against all costs, claims, damages, and expenses arising directly or indirectly from your breach of this agreement.
Termination of the license does not affect any of our accrued rights or liabilities.
Miscellaneous Matters
Providing Correct Information: You agree to provide us with accurate and up-to-date contact information, including your postal address, email address, and telephone number.
Time of the Essence: Time is of the essence in this agreement.
Governing Law: This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Entire Agreement: This agreement constitutes the entire agreement between you and Next Edge Solutions LTD regarding the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, and communications, whether written or oral, between you and us.
No Waiver: Our failure to enforce any right or provision of this agreement will not be considered a waiver of those rights.
Severability: If any provision of this agreement is held to be invalid or unenforceable by a court, the remaining provisions of this agreement will remain in effect.
Contract Information You undertake to keep your contact information up-to-date and comply with all legal timings in this agreement.
Disputes should first be addressed through mediation before resorting to arbitration or litigation.
This contract represents the full agreement between the parties, superseding any prior understandings or agreements.
The terms are severable, ensuring the remainder of the agreement remains valid if any part is deemed unenforceable.
Third Party Rights: This contract does not confer any third-party rights, except as permitted by law.
Miscellaneous
This contract represents the full agreement between the parties, superseding any prior understandings or agreements.
The terms are severable, ensuring the remainder of the agreement remains valid if any part is deemed unenforceable.
This contract does not confer any third-party rights, except as permitted by law.
These adaptations preserve the original meanings but change the phrasing and structure enough to make them less recognizable as the same terms and conditions.
End of Agreement
This agreement shall remain in full force and effect while you use the app.
Upon termination of your license to use the app, for any reason whatsoever, all rights and licenses granted to you under this agreement shall immediately terminate, and you must cease all use of the app.
Termination of this agreement shall not affect any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the payment of any fees or charges owed to Next Edge Solutions LTD.