End-User License Agreement (EULA)

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.

Copyright

The Software is licensed, not sold, therefore Bitgapp retains all rights, title, and interest in and to the Software and its associated documents as originally downloaded by user and all subsequent downloads of the Software, including all copyrights and other intellectual property rights. This agreement only gives user the rights to use the software as expressly permitted in this agreement and any applicable T&C. Bitgapp reserves all other rights with exception of open-source components licensed under their respective licenses. All rights not expressly granted to the User are reserved by Bitgapp.

Limitation of Liability

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.

Free Trial

The Software includes a free in-app trial with a short cooldown between uses. It also offers extended multi-day trial licenses which can be claimed or requested via the account page. The free trials are intended to allow the User to evaluate the Software for their specific use case and System prior to purchase. Accordingly, if the User chooses to purchase without using the trial (or without adequately evaluating the Software during the trial), the User acknowledges and agrees that they are responsible for confirming that the Software meets their requirements and is compatible with their system and intended use, and the User accepts the risk that the Software may be incompatible with their system and/or third-party software or hardware, unsuitable for their intended use, or may not meet the User’s expectations.

Trials are provided for evaluation prior to a purchase decision, not as a means of using the Software free of charge on an ongoing basis. Bitgapp reserves the right to refuse, revoke or limit trial access at its discretion where abuse is suspected, including but not limited to: repeated trial requests beyond what is reasonably needed to evaluate the Software; registering or operating multiple Accounts to obtain further trial licenses; sharing, selling or transferring trial licenses; and any attempt to circumvent the trial's duration, cooldown, eligibility or payment checks by technical or other means. Circumvention of payment or licensing controls is a material breach of this Agreement and the T&C and may result in immediate termination under the Termination section, in addition to any other remedy available to Bitgapp.

A refusal or revocation of trial access does not entitle the User to a refund and does not limit Bitgapp's discretion under the Refund Policy. Where a User was unable to obtain a trial, Bitgapp may take that into account when assessing a subsequent refund request. Bitgapp will not be liable for any resulting incompatibility, unsuitability, or unmet expectations.

Refunds

Refunds are governed by the Refund Policy, which forms part of this Agreement. Purchases of unused licenses may be refunded in full within 14 days. Once a license has been used in-app or downloaded, and in all cases after 14 days, refunds are granted at Bitgapp's discretion on a case-by-case basis. Because free trials are available to evaluate the Software before purchase (see Free Trial above), refund requests based on the Software not meeting the User's requirements will normally be declined where the issue could reasonably have been identified during a trial. Nothing in this section limits any right the User holds under applicable consumer protection law.

The copy of this EULA distributed with the Software may not reflect the current Refund Policy. The User is responsible for consulting the version published on this website before purchasing. The version in effect on the date of purchase is the one that applies to that purchase; if the 'Last Updated' date shown on the website is later than the User's purchase date, the User may request a copy of the version in effect on the date of purchase by emailing [email protected].

Limited Warranty

The Free Tier of the Software, as well as any non-stable version of the Software ("Prerelease Versions", provided solely for open testing and evaluation purposes), are provided "As Is" and "As Available" without warranty of any kind, express or implied, including, but not limited to, warranties of performance or merchantability or fitness for a particular purpose. Support, as described in this section, for Free Tier and non-stable versions of the Software is provided at Bitgapp’s sole discretion.

If user has purchased a paid license, Bitgapp provides a limited warranty and support for stable releases of the Software for the "Maintenance Period" defined by the purchased license from the date of purchase. During the Maintenance Period, Bitgapp will make commercially reasonable efforts to provide support and, where applicable, remedies as described in this section.

During the Maintenance Period, Bitgapp warrants only that the Software will perform substantially in accordance with the then-current documentation, when used as permitted by this Agreement and T&C on supported systems. No warranty of fitness for a particular purpose is provided, and user is solely responsible for determining whether the Software is fit for user's particular purpose, including by using any available free trial, evaluation, or free-tier options before purchasing.

The Software is tested on supported operating systems and common configurations, but Bitgapp cannot warrant:

• uninterrupted or error-free operation, or compatibility with every system configuration, device, network, or environment
• the performance of the Software on user's specific System
• compatibility with third-party software or hardware
• that the Software will meet user's requirements
• that the operation of Software will be uninterrupted or error-free
• that all errors will be corrected

If user reports a reproducible defect, Bitgapp will use commercially reasonable efforts to diagnose and address it; however, some issues may be caused by or materially contributed to by system-specific or third-party factors (including drivers, security software, network conditions, hardware/firmware, or other environmental variables) and may not be capable of resolution within a reasonable time or at all.

To the maximum extent permitted by applicable law, if the Software does not perform substantially in accordance with the documentation, the User’s sole and exclusive contractual remedy under this Agreement is to notify Bitgapp and request support in accordance with this section. Bitgapp will review requests on a case-by-case basis and may, at its sole discretion, offer one or more of the following:

• correction of the defect in the Software version covered by the affected license
• free license extension allowing the User to use a newer version of the Software where the defect has already been corrected
• a credit/discount towards future license renewal
• refund of the full or partial cost paid by the User for the Software

Examples of situations where Bitgapp may offer one of the above remedies include:

• where a new update introduces major issues that render the Software unusable (outlined below), and the User cannot reasonably use an older version because it does not include all features available in the latest version supported by the user's license and the User requires those features
• where, after purchase, the User did not request a refund and was waiting for a major fix to an issue that renders the Software hard to use, and such issue was not fixed within the maintenance period since the purchase date

Issues that may be considered major and/or may render the Software unusable include:

• the Software cannot establish and/or maintain a connection between two devices, where such connection is supported by the Software
• the Software causes unexpected and/or uncontrollable mouse inputs
• the Software causes the keyboard to become unusable in available OS keyboard layouts (excluding user-modified layouts by software or hardware)
• the Software does not detect correct native display layout

Availability of Software Versions

As long as the Software continues to be offered with a paid tier, Bitgapp will continue hosting the last stable release that correspond to the version range covered by a User’s license, even if that license has an expired Maintenance period.

Bitgapp may, in its discretion, remove from public access older versions that are no longer in active use, supported, or distributed. If a User cannot locate a specific version that their license covers, and the User has a compelling reason why they cannot use a newer version that is covered by their license, the User may request access to an older covered version by contacting Bitgapp. Bitgapp may require reasonable information to verify license eligibility and may deny requests that are not supported by a legitimate technical, compatibility, or compliance need.

This limited warranty is void if the Software’s failure results from external causes, abuse, misapplication, unauthorized modification, or violation of this EULA or T&C.

Support

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.

Updates

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.

Data

The software may collect the information listed below about the User, the User’s system and use of the software, and send that to Bitgapp. The User may opt out of some of these scenarios, but not all. Data is collected whether or not the User is signed in. Where the User is signed in or a license is in use, data may be linked to the User's Account or license to track license usage for abuse detection and refund assessment.

Data collected by the software:

• Anonymous session ID - Mandatory as part of the Software's system abuse prevention.
• Application and system versions - Mandatory as part of maintenance of the Software used to determine which versions of the Software can be safely deprecated.
• Display information and system version - such as connected display count and operating system version, used to determine which features and fixes to prioritize.
• User session ID - Used when signing in into the Software and mandatory for authentication with the Software server.
• Machine identifying information - Mandatory when using license for paid features as part of upgrade, maintenance and fraud detection with regards to the Software.
• Software log information - used to help detect and resolve errors as well as optimize the Software (Currently collected only locally and can be manually sent by User to Bitgapp in order to help resolve Software issues).

Bitgapp undertakes to store such information securely in an encrypted form and take all reasonable measures to prevent any unauthorized use of such information. More information can be found in Privacy Policy.

Governing Law

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.

Legal Terms and Restrictions

• No failure to enforce any term of this EULA shall constitute a waiver of such term.
• User shall not assign its obligations hereunder in whole or in part without the prior written approval of Bitgapp.
• If any part of this EULA is for any reason found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this EULA shall not be affected and shall remain in effect.

Age Factor

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.

Third Party Vendors

The Software uses third party services in order to analyse Software usage (excluding sensitive data) and improve user experience:

• Sentry - for the purpose of monitoring errors and crashes. Error and crash reports are collected whether or not the User is signed in, and are currently retained for up to 31 days.

License Grant

User may download the Software 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:

• modify, adapt, translate, de-compile, disassemble or reverse engineer the Software or any portion thereof, in any manner
• attempt to break security, access, tamper with or use any unauthorized portion of the Software
• remove any Copyright, Trade Mark or other proprietary rights notices contained in the Software
• attempt to collect or maintain any information about other users of the Software or other third parties for unauthorized purposes
• transmit or attempt to transmit the Software over any network or between any devices unauthorized, enabling unauthorised use of the Software on multiple Systems
• cause any portion of the Software to be copied onto another person’s System
• use the Software for transmission of any viruses, worms, defects, Trojan horses or other malicious code or items of a destructive nature
• use the Software for any unlawful, copyright infringement, harassing, abusive, criminal or fraudulent purposes
• rent, lease, sell, sublicense, assign or transfer rights in the Software

Termination

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:

• By user at any time upon ceasing all use of and uninstalling/removing all copies of the Software (with all of its contents).
• By Bitgapp if user fails to comply with any term of this EULA or T&C agreement. In such case termination of agreement may be immediate and without notice. Bitgapp may, at its sole discretion, initiate legal action against user in case of violation of this EULA or T&C agreement, which may result in civil and/or criminal penalties for the User.