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Terms and conditions

INTRODUCTION 

This App is provided to you by SmartGurlz A/S, 381 Diplomvej, Lyngby 2800, Denmark CVR no. 36729236.
By using the SmartGurlz  SugarCoded ‘App’ or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the App.

PROCESSING OF PERSONAL INFORMATION AND USE OF COOKIES

Our Privacy Policy is an integrated part of these terms and can be accessed at our website www.smartgurlz.com/privacypolicy

USE OF CONTENT 

All information, materials, functions and other content ("Content") contained on the SugarCoded App are our copyrighted property. All trademarks, service marks, trade names, and trade dresses are proprietary to us and/or our licensors or licensees. We may terminate your further access to the App or change App or delete content or features in any way, at any time and for any reason or no reason. 
You agree that you will not copy, distribute or reverse engineer the Content, or use the Content in any way except as integrated in or necessary for use of the Content.

APP DISTRIBUTORS / STORES

You acknowledge that these terms of use are concluded between you and us only, and not with App. Distributers / stores e.g. Apple, Inc., Amazon, Samsung etc. (“App Distributors”). We, and not the App Distributers, are solely responsible for the SugarCoded App and the services and Content available thereon. The parties agree that the App Distributors have no obligation to provide maintenance and support services with respect to the App.
To the maximum extent permitted by applicable law, the App Distributors will have no warranty obligation whatsoever with respect to the SugarCoded App. 
You agree that we, and not the App Distributors, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 
You agree that we, and not the App Distributors, are responsible for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to the  App or your possession and use of the App.
You agree to comply with all applicable third party terms of agreement when using the App (e.g., you must not be in violation of your wireless data service terms of agreement when using the App). 
The parties agree that the App Distributors and their subsidiaries are third party beneficiaries to these Terms of Use. Upon your acceptance of the Terms of Use, the App Distributors will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof.
You agree that your use of the App is subject to the Usage Rules set forth in the App Distributors then-current Terms of Service for downloading apps through the App Distributor. 

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). To the extent possible under applicable law, you hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the App and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 

JURISDICTIONAL AND VENUE ISSUES

These Terms of Use are governed by and construed in accordance with the laws of Denmark, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms of use or the App must be filed, and that venue properly lies, only in Denmark, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Please note that mandatory laws may entitle you to file an action at law in other jurisdictions. We make no representation that Content on any SmartGurlz App is appropriate or available for use in any particular location. Those who choose to access a SmartGurlz App do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws. 

NO WARRANTY

The App is provided on an “as is” and “as available” basis. Use of the App is at your own risk.
 
To the maximum extent permitted by applicable law, Sugarcoded app is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from SmartGurlz or through Sugarcoded app will create any warranty not expressly stated herein. Without limiting the foregoing, SmartGurlz, its subsidiaries, its affiliates, and its licensors do not warrant that the content is accurate, reliable or correct; that Sugarcoded app will meet your requirements; that Sugarcoded app will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that Sugarcoded app is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of Sugarcoded app is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of Sugarcoded app.
 
SmartGurlz does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through Sugarcoded app or any hyperlinked website or service, and SmartGurlz will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall SmartGurlz, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, Sugarcoded app. Under no circumstances will SmartGurlz be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of Sugarcoded app or your account or the information contained therein.
 
To the maximum extent permitted by applicable law, SmartGurlz assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of Sugarcoded app; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from Sugarcoded app; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through Sugarcoded app by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through Sugarcoded app; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall SmartGurlz, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to SmartGurlz.
 
This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if SmartGurlz has been advised of the possibility of such damage. the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

AMENDMENT

At any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you by posting notice of such amendment on the web sites covered by these Terms of Use or via the relevant App store or the App itself.  Date of release: September, 2016.