END-USER LICENSE AGREEMENT (EULA)

PLEASE READ THIS END-USER LICENSE AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE SOFTWARE.

This End-User License Agreement ("Agreement") is a legal agreement between you ("Licensee" or "you") and Castofly Technologies Inc. ("Licensor," "we," or "us"), governing your use of our cloud-based software platform and associated services (the "Software" or "Service"). By accessing or using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms, do not use the Software.

1. LICENSE GRANT

1.1 Subject to the terms of this Agreement, Castofly Technologies Inc. grants you a non-exclusive, non-transferable, non-sublicensable, limited license to access and use the Software solely for your personal or internal business purposes during the term of this Agreement.

1.2 The Software is licensed, not sold, to you, and all rights not expressly granted herein are reserved by the Licensor.

2. ACCOUNT AND USER RESPONSIBILITIES

2.1 You must register for an account to access the Software. You agree to provide accurate, complete, and updated information. You are responsible for maintaining the confidentiality of your account credentials and for any activity under your account.

2.2 You are solely responsible for ensuring that your use of the Software complies with all applicable laws and regulations.

3. SUBSCRIPTION TERMS

3.1 The Software may be subject to subscription fees as described in a separate agreement or order form ("Subscription Agreement").

3.2 Unless otherwise stated, subscriptions will automatically renew at the end of each subscription term. You can cancel your subscription by providing written notice as described in the Subscription Agreement.

3.3 No refunds will be issued for any fees paid unless otherwise specified in the Subscription Agreement.

4. RESTRICTIONS

4.1 You may not:

Modify, adapt, translate, or create derivative works of the Software;
Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Software;
Use the Software for any unlawful purpose or in violation of any applicable laws;
Share or sublicense the Software or any portion thereof to any third party without our prior written consent;
Remove, alter, or obscure any copyright, trademark, or other proprietary notices within the Software.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 All intellectual property rights, including but not limited to copyrights, patents, trademarks, and trade secrets, in and to the Software are owned by Castofly Technologies Inc. or its licensors.

6. SOFTWARE UPDATES

6.1 We may, from time to time, provide updates or upgrades to the Software. These updates may be automatically installed without providing any additional notice or requiring any action from you. Such updates may modify or delete certain features and functionalities of the Software.

7. DATA AND PRIVACY

7.1 By using the Software, you agree to the collection, use, and sharing of your personal information as outlined in our Privacy Policy, which is incorporated into this Agreement by reference.

7.2 We are committed to implementing and maintaining security measures to protect your data. However, we cannot guarantee the absolute security of data transmitted or stored in connection with the Software.

8. TERM AND TERMINATION

8.1 This Agreement is effective as of the date you first access the Software and shall continue until terminated by either party.

8.2 You may terminate this Agreement by ceasing all use of the Software and closing your account.

8.3 We may terminate this Agreement or suspend your access to the Software at any time, without notice, if you violate any provision of this Agreement or if required to comply with applicable laws or legal processes.

9. LIMITATION OF LIABILITY

9.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASTOFLY TECHNOLOGIES INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, OR OTHER INTANGIBLES, RESULTING FROM YOUR USE OF THE SOFTWARE.

9.2 IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SOFTWARE EXCEED THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SOFTWARE IN THE PAST 12 MONTHS.

10. DISCLAIMER OF WARRANTIES

10.1 THE SOFTWARE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CASTOFLY TECHNOLOGIES INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11. INDEMNIFICATION

11.1 You agree to indemnify, defend, and hold harmless Castofly Technologies Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses arising out of or related to your use of the Software or breach of this Agreement.

12. GOVERNING LAW AND DISPUTE RESOLUTION

12.1 This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada. Any dispute arising out of or in connection with this Agreement shall be resolved through binding arbitration under the rules of British Columbia International Commercial Arbitration Centre, and the place of arbitration shall be British Columbia, Canada.

13. MISCELLANEOUS

13.1 Entire Agreement: This Agreement constitutes the entire agreement between you and Castofly Technologies Inc. regarding the use of the Software.

13.2 Amendments: We may update or modify this Agreement from time to time. Continued use of the Software after any changes constitute your consent to the updated Agreement.

13.3 Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remainder of the Agreement shall continue in full force and effect.

Contact Us

If you have any questions about this Agreement, please reach out to us by mail at 1330 Marine Drive, North Vancouver, BC, Canada, or by email at info@castofly.com.