This End-User License Agreement (EULA) is a legal agreement between user and Bitgapp Ltd. It governs user's acquisition and use of Cursr Software.
Read this EULA agreement and Terms & Conditions (T&C) carefully before downloading/purchasing, installing or otherwise using the Cursr Software. By using the Cursr Software in any way, user is confirming the acceptance of the Software and agreeing to become bound by the terms of this EULA agreement and T&C. This EULA agreement is effective from the date user first uses the Software in any way and shall continue until terminated.
EULA does not apply to any open source components that the Cursr software makes use of, referring only to proprietary components developed by Bitgapp.
The Software is licensed, not sold, therefore any and all copies of Bitgapp Software are owned by Bitgapp. This agreement only gives user some rights to use the software as expressly permitted in this agreement. Bitgapp reserves all other rights. With exception to open-source components, Bitgapp will at all times retain ownership of the Software and its associated documents as originally downloaded by user and all subsequent downloads of the Software. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made to it) are and shall remain the property of Bitgapp.
Bitgapp is not liable for any acts, omissions and conduct of any third parties in connection with or related to user use of Bitgapp site, software or services.
In no event shall Bitgapp be liable to the user for any loss, damages, claims or costs whatsoever, including any special, consequential, indirect or incidental damages, any lost profits or lost savings, lost data, loss of privacy, any damages resulting from business interruption, personal injury or failure to meet any duty of care, or claims by a third party arising out of the use or inability or inappropriate use of the Software, even if Bitgapp has been advised of the possibility of such loss, damages, claims or costs in advance.
The Software is provided “As Is” without warranty of any kind, express or implied, including, but not limited to, warranties of performance or merchantability or fitness for a particular purpose. If the Software does not perform substantially in accordance with the documentation, user's exclusive remedy will be limited to, at Bitgapp sole discretion, correction of the defect in the Software, if any, or refund of the actual cost paid by the user for the Software, subject to "Disclaimer" section in T&C. Alternatively user can terminate agreement as described in "Termination" section.
Bitgapp will try to resolve the issues arising from this Software, however cannot warrant:
This limited warranty is void if failure of the Software has resulted from accident, abuse, misapplication or violating the EULA or T&C.
Company offers online support for this Software, pre and post sale. The nature of support can be free or on payment basis and the option of switching from free or on payment basis may be amended without prior notice, at the discretion of Bitgapp. Bitgapp will try to resolve the issues arising from this Software. User will cooperate with the company support team for investigation of issues.
Cursr is intended to be used as a personal utility tool. Cursr enhances the cursor handling by using proprietary algorithms and manipulating System's cursor position. The Software is designed and thoroughly tested by Bitgapp to override System's cursor position only when certain conditions (defined by user within the Software) are met which under normal usage do not cause loss of control over the cursor by user or any other System usage interruptions.
User is solely responsible for all the actions and bears all risk relating to the use of the Software.
Bitgapp may from time to time issue updates or upgrades of the Software, including on different application platforms. The software may periodically check for updates, download and install them for the user. User agrees to receive these automatic updates without any additional notice, but may turn off automatic software updates using the Software settings in user interface.
All updates and upgrades will be available to the user at a fixed price, subscription or free of cost, and on the conditions prescribed by Bitgapp. Bitgapp keeps the exclusive rights whether to develop or maintain the Software further or to withdraw the Software from offering for download, without any prior notice to the user.
The software may collect information about user, user’s system and use of the software, and send that to Bitgapp. You may opt-out of some of these scenarios, but not all.
Data collected by the software:
The Software and its associated documents are exported from the United Kingdom. This EULA is expressly made subject to any Laws, regulations, orders, or other restrictions on the export from the United Kingdom, of the Software or information about such Software, which may be imposed from time to time by the Government of the United Kingdom.
EULA shall be governed, construed and implemented by the laws of the United Kingdom without giving effect to conflict of laws principles. All disputes under EULA shall be subject to the exclusive jurisdiction of the High Court of Justice of England and Wales.
Users below 18 years of age should receive parental or guardian guidance related to downloading and using the Software. If user is below 18 years of age, Bitgapp assumes that user has obtained necessary permission or guidance before downloading or using the application and that user's parents or guardians have no objection in this regard and have read, understood and accepted the EULA and T&C agreements on behalf of user. In certain countries, the minimum age for downloading, installing or using digital Software may vary subject to local laws and Bitgapp assumes that the user has made an informed and legal decision.
Cursr uses third party services in order to analyse Software usage and improve user experience:
User may download Cursr and purchase a license from Bitgapp website or through other authorized third party websites for personal use. All licenses to the Software are revocable, non-exclusive, non-transferable, limited licenses to install and use the copy of the Software and its associated documents.
User is not permitted to, nor can allow any other person to:
Upon termination, the licenses granted by this EULA agreement will immediately terminate and user agrees to cease all access and use of the Software.
Agreement can be terminated: