End User License Agreement

Terms and Conditions

By using the Buddee smart plug and application, you agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Buddee smart plug and application.

General

The Buddee application, its software, interfaces, content, and any data that come with the application, as may be updated or enhanced by Cortex Technologies Corporation (“CTC”) are licensed, not sold, to you for use only in accordance with these Terms and Conditions and other documentation that come with the Buddee smart plug and application. CTC retains ownership of the software and reserves all rights not expressly granted to you.

Updates

CTC may provide patches and upgrades/updates (“Updates”) and you consent to these Updates by CTC. Any Updates shall be deemed and shall constitute part of the software and the application and these Terms and Conditions shall apply to such Updates.

Permitted Use and Limitations on End User Rights

Subject to these Terms and Conditions, you are granted a limited, non-exclusive license to use the Buddee software. You agree that only CTC has the right to enhance or otherwise modify the software. You shall have no rights to any source code for the software. You agree not to, or cause or permit, directly or indirectly the modification, disassembly, recompilation, or reverse engineering of the software or any part thereto, or otherwise attempt to gain access to the source code to the software. You agree not to create derivative works or cause or permit others, directly or indirectly to create derivative works based upon the software. The software is licensed as a single product. Its component parts may not be separated for use on more than once device. Under no circumstances shall you sell, license, sub-license, publish, and display, distribute, rent, lease, assign, or otherwise transfer to a third party the software or any copy thereof, in whole or in part.

Consent to Use of Data

You agree that CTC may collect, maintain, process, transmit, and use personal, technical, diagnostic, usage and related information, including but not limited to information about you (your name, phone number, email address, among others), the smart plugs, computer, system and application software, usage, content, and peripherals. CTC or any of its service providers may use this information for segmentation and analytics purposes to drive marketing and sales of CTC. Your information will be treated in accordance with CTC’s Privacy Policies, which can be viewed at https://www.buddee.ph/privacynotice.php.

Assignment of Software

You may not lease, sell, assign, transfer or sub-license the rights to the software or the application granted herein to any third party without the written consent of CTC. Prior to the assignment or transfer, the end user receiving the software or the application must agree to all these terms and conditions.

Disclaimer of Warranty

You expressly acknowledge and agree that the use of the software or the application is at your sole risk. The software and the application are provided “AS IS” and without warranty of any kind. CTC EXPRESSLY DISCLAIMS AND MAKES NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, CUSTOM, USAGE OR OTHERWISE AS TO THE SOFTWARE, THE APPLICATION, OR ANY COMPONENT THEREOF, INCLUDING BUT NOT LIMITED TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE. CTC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE CORRECT. FURTHERMORE, CTC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OR THE USE OF THE SOFTWARE OR THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, PERFORMANCE OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CTC OR ITS AUTHORIZED REPRESENTATIVE OR LICENSEE SHALL CREATE A WARRANTY. CTC PROVIDES NO WARRANTY THAT ANY DEVICE, SOFTWARE OR DATA WILL NOT BE DAMAGED BY THE SOFTWARE.

Limitation of liability

CTC shall not be liable for exemplary, special, indirect, incidental, consequential, or punitive damages, loss of revenue or profits, loss of data, power, capital, production, anticipated savings, or damage to reputation or goodwill.

Export Control

You may not use or otherwise export the Buddee software. By using the Buddee software, you warrant that, among others, that you are not located in, and will not export the Buddee software to, any embargoed country. You also agree that you will not use the software for any purposes prohibited by Philippine law.

Termination

This license is effective until terminated. Your rights under this license will terminate automatically without notice if you violate any terms of this license. Upon the termination of this license, you shall cease all use of the software.

Complete Agreement

This license sets forth the entire agreement and understanding between you and CTC and supersedes all prior oral or written agreements, arrangements and understandings relating to the Buddee software and application. No amendment to or modification of this license will be binding unless in writing and signed by CTC.

Governing Law

This license will be governed by and construed in accordance with the laws of the Philippines. If any provision of this Agreement shall be deemed invalid, illegal or unenforceable in any respect, the validity of any other provision shall not be affected or impaired thereby.