ATTENTION: CAREFULLY READ THIS AGREEMENT BEFORE INSTALLATION OF THE SOFTWARE/PRODUCT.
This End-User License Agreement („EULA“ or "Agreement") is made by and between Btrfly S.E., with its registered seat at Bajkalská 45G, 821 05 Bratislava, Slovak Republic, the company ID: 54184801 (hereinafter "Btrfly S.E.") and you (hereinafter as "User" or “Data Subject”) concerning mobile application BTRFLY.
BY PROCEEDING TO DOWNLOAD, INSTALL OR USE THE SOFTWARE IN WHICH THIS AGREEMENT IS ELECTRONICALLY EMBEDDED, YOU HEREBY ACKNOWLEDGE AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE ANY OF THE PRODUCTS.
BY INSTALLING OR USING THE SOFTWARE YOU ACKNOWLEDGE AND AGREE THAT ON BEHALF OF YOURSELF YOU HAVE READ THIS EULA CAREFULLY, THAT YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT SHALL GOVERN YOUR INSTALLATION AND USE OF THE SOFTWARE IN WHICH THIS AGREEMENT IS ELECTRONICALLY EMBEDDED.
As from the date of concluding the Main Agreement, Btrfly S.E. grants the User a personal, non-exclusive, non-transferable, non-sublicensable, limited by defined term (as long as the Product is allowed to be used by the User in accordance with the Main Agreement) and unlimited by particular territory a limited license with the following rights:
User agrees not to, and not to allow others to
The Software/Product must display a non-obscured bitmap of an icon provided in the Btrfly S.E. logo program current at the time of development. The same applies to any graphical reference or advertisement of the Software/Product, in the appropriate visible place. Should Btrfly S.E. notify User of any amendment(s) to the logo program, User agrees to ensure a compliance with the amended Btrfly S.E. logo program. The current logo program is accessible on the website:https://btrfly.com
Btrfly S.E. retains all right, title, and interest to the Software/Product, the brand “BTFLY” and other related brands. All rights not expressly and unambiguously granted in section 2 are reserved to Btrfly S.E. No license or other rights are created by implication, estoppel or otherwise. The Software/Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. User interface (UI), graphics, screen layouts, pictures, user menu, logos, icons etc. are protected as digital designs (registered or nonregistered). The Software/Product is licensed, not sold. In order to protect Btrfly S.E.'s intellectual property rights in the Software/Product, the User must ensure that any reproduction of the Software/Product refers to a copyright notice that clearly states:
“Copyright (c) Btrfly S.E. 2024. All Rights Reserved.”
The Software/Product may come bundled or otherwise be distributed with open-source or other third-party software, which is subject to the terms and conditions of the specific license under which it is distributed. Such software is provided by Btrfly S.E. "as is" without any warranty, express, implied, or otherwise, including but not limited to the implied warranty of merchantability, fitness for a particular purpose and non-infringement. Notwithstanding anything to the contrary in this Agreement, as it relates to any and all claims arising out of or in connection with open-source or other third-party software, Btrfly S.E. shall have no liability for any direct, indirect, incidental, punitive, special or consequential damages, however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of open source software, even if advised of the possibility of such damages. You may find corresponding licenses for open-source of other third-party software in the accompanying documentation (e.g. user manual) or within the list below:
Android platform:
Kotlin Stdlib, Apache License, Version 2.0
Kotlinx Coroutines Android, Apache License, Version 2.0
Core Kotlin Extensions, Apache License, Version 2.0
Android AppCompat Library, Apache License, Version 2.0
Android Lifecycle Kotlin Extensions, Apache License, Version 2.0
Android ConstraintLayout, Apache License, Version 2.0
Legacy Support V4, Apache License, Version 2.0
Android Paging Runtime Kotlin Extensions, Apache License, Version 2.0
JUnit, Apache License, Version 2.0
AndroidX Test Library, Apache License, Version 2.0
Material Components For Android, Apache License, Version 2.0
Places, Apache License, Version 2.0
Kotlin Reflect, Apache License, Version 2.0
Android Navigation Fragment Kotlin Extensions, Apache License, Version 2.0
Android Navigation UI Kotlin Extensions, Apache License, Version 2.0
Fragment Kotlin Extensions, Apache License, Version 2.0
Android Support RecyclerView, Apache License, Version 2.0
Play Services Ads, Apache License, Version 2.0
Android Paging Runtime Kotlin Extensions, Apache License, Version 2.0
Android Paging RxJava2 Kotlin Extensions, Apache License, Version 2.0
Card Stack View, Apache License, Version 2.0
RoundedImageView, Apache License, Version 2.0
Jetpack Camera Core Library, Apache License, Version 2.0
Jetpack Camera Library Camera2 Implementation/Extensions, Apache License, Version 2.0
Jetpack Camera Lifecycle Library, Apache License, Version 2.0
Jetpack Camera View Library, Apache License, Version 2.0
Anko, Apache License, Version 2.0
Timberkt, Apache License, Version 2.0 Kotson, MIT
AndroidX Preference, Apache License, Version 2.0
ThreeTenAbp, Apache License, Version 2.0
Facebook Login Android SDK, Facebook License
Glide, Apache License, Version 2.0 BSD 2-clause
Glide Annotation Processor, Apache License, Version 2.0 BSD 2-clause
Firebase BOM, Apache License, Version 2.0
Firebase Core, Apache License, Version 2.0
Firebase Auth, Apache License, Version 2.0
Firebase Analytics, Apache License, Version 2.0
Firebase Messaging, Apache License, Version 2.0
Firebase Storage, Apache License, Version 2.0
Firebase Firestore, Apache License, Version 2.0
Firebase Crashlytics, Apache License, Version 2.0
FirebaseUI Firestore, Apache License, Version 2.0
Firebase UI Auth, Apache License, Version 2.0
OkHttp Logging Interceptor, Apache License, Version 2.0
Retrofit, Apache License, Version 2.0
Converter: Gson, Apache License, Version 2.0
Koin Core, Apache License, Version 2.0
Koin AndroidX Scope, Apache License, Version 2.0
Koin AndroidX ViewModel, Apache License, Version 2.0
Arrow Core Extensions, Apache License, Version 2.0
Arrow Syntax Extensions, Apache License, Version 2.0
Arrow Type Classes, Apache License, Version 2.0
Arrow Data, Apache License, Version 2.0
Arrow Type Classes Instances (Core), Apache License, Version 2.0
Arrow Type Classes Instances (Data), Apache License, Version 2.0
Arrow Annotations Compile Time, Apache License, Version 2.0
RxJava, Apache License, Version 2.0
RxKotlin, Apache License, Version 2.0
RxAndroid, Apache License, Version 2.0
Jay Goo/RangeSeekBar, Apache License, Version 2.0
Core, Apache License, Version 2.0
DateTime, Apache License, Version 2.0
Jwtdecode, Apache License, Version 2.0
Stories, Apache License, Version 2.0
Android Shape ImageView, Apache License, Version 2.0
Hexagonrecyclerview, Apache License, Version 2.0
CircularProgressBar, MIT
Billing, Android Software Development Kit License Agreement
Viewpagerdotsindicator, Apache License, Version 2.0
Android Lifecycle Extensions, Apache License, Version 2.0
iOS platform:
Abseil, Apache License, Version 2.0
Alamofire, MIT license
AlignedCollectionViewFlowLayout,MITlicense
BoringSSL-GRPC, Apache License, Version 2.0
CCHexagonFlowLayout, MIT license
Facebook SDK Core Kit, Facebook License
Facebook SDK Login Kit, Facebook License
Firebase, Apache License, Version 2.0
Firebase Analytics, Apache License, Version 2.0
Firebase Auth, Apache License, Version 2.0
Firebase Core, Apache License, Version 2.0
Firebase Core Diagnostics, Apache License, Version 2.0
Firebase Crashlytics, Apache License, Version 2.0
Firebase Firestore, Apache License, Version 2.0
Firebase Instalations, Apache License, Version 2.0
Firebase InstanceID, Apache License, Version 2.0
Firebase Messaging, Apache License, Version 2.0
Firebase Storage, Apache License, Version 2.0
Firebase UI, Apache License, Version 2.0
Google Utilities, Apache License, Version 2.0
gRPC-C++, Apache License, Version 2.0
gRPC Core, Apache License, Version 2.0
GTM Session Fetcher, Apache License, Version 2.0
Image Slide Show, MITlicense
Kingfisher, MIT license
Koloda, MIT license
LevelDB library, BSD 3-Clause "New" or "Revised" License
Nanopb, zlib License
Pageboy,MITlicense
Pop, BSD license
PromisesObjC, Apache License, Version 2.0
Protobuf, license
Reachability Swift, MIT license
SVProgressHUD, MIT license
The price of all licenses, any other charges and all respective payment terms, as the case may be, may be agreed in the Main Agreement.
In the Main Agreement might also be agreed that Software/Product is provided to User free of charge.
In any case some additional payments may be required for using certain specific functionalities of the Software/Product.
User acknowledge that according to the state of the art, it is not possible to exclude errors in software under all application conditions. However, Btrfly S.E. warrants that Software/Product is basically usable. The limitation period is sixty (60) days from the first installation of Software. Warranty claims are excluded if Software/Product is not used in accordance with this EULA or the Main Agreement. Furthermore, warranty claims are excluded if User makes any changes to the Software. Btrfly S.E. does not guarantee that the Software/Product will meet User's individual requirements. This applies in particular to the failure to achieve the desired economic or personal success. Warranty obligations do not include installation, reinstallation or maintenance services of any kind. Software/Product upgrades and enhancements are not provided as part of this EULA – but can be contracted under a separate agreement. Use of Support Services is governed by the standard Btrfly S.E. support policies available upon request to Btrfly S.E. at [support](at)[btrfly].[com] .
All rights granted under this Agreement will automatically terminate
In addition, either Btrfly S.E. or the User may terminate this Agreement at any time upon notice to the other party, for convenience. Upon any termination of this Agreement, all licenses hereunder shall terminate. Upon the termination of this Agreement, the User will promptly erase all copies of the Software in its possession and shall discontinue it. The limitations of intellectual property, warranties, liability and indemnity set forth in this Agreement shall continue in force even after termination.
Photos for profile verification purposes – such personal data is being used for selected functionality of the Application - the profile verification. In this scenario, based on your consent, Btrfly S.E. compares the characteristics of your current and future (if any) profile photo(s) of your face against photo(s) of your face taken during video sequence, exclusively for the purpose of Profile Verification.
Btrfly S.E. declares that the Software/Product, in the form originally purchased or downloaded by the User, will materially conform with the applicable accompanying documentation, and its media will be free from defects in material and workmanship, for the Warranty Period. However, Btrfly S.E. does not and cannot warrant the accuracy, speed, performance or results User may obtain by using the Software/Product or documentation.
Btrfly S.E. disclaims all other warranties, either express or implied, including but not limited to any warranties of merchantability and fitness for a particular purpose, with respect to the Software/Product and the accompanying written materials.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Btrfly S.E. AND ITS DISTRIBUTORS OR RESELLERS BE LIABLE TO THE USER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER IN TORT, PRODUCT LIABILITY AND/OR NEGLIGENCE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, GOODWILL, ANTICIPATED SAVINGS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA, PRIVACY OR CONFIDENTIALITY, BREACH OF SECURITY SYSTEMS OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO, THE USE OF, OR INABILITY TO USE THE SOFTWARE, EVEN IF Btrfly S.E. AND ITS DISTRIBUTORS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBLILITY OF SUCH DAMAGES OR LOSSES. THE SOFTWARE IS SUPPLIED "AS IS", AND THE ENTIRE RISK OF ACCURACY, SPEED AND SATISFACTORY PERFORMANCE IS WITH THE USER. Btrfly S.E. AND ITS DISTRIBUTORS OR RESELLERS DO NOT GUARANTEE THAT THE SOFTWARE WILL MEET THE USER’S REQUIREMENTS OR ALL REQUIREMENTS OF THE SOFTWARE OR HARDWARE WITH WHICH THEY INTERACT. IN ANY CASE, Btrfly S.E.’s ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT, INCLUDING EVENTUAL INDEMNIFICATION OBLIGATION, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE USER FOR THE SOFTWARE/PRODUCT.
The User agrees to indemnify, hold harmless, and defend Btrfly S.E. from and against any claims or lawsuits, including attorneys' fees that arise or result from the User´s use of the Software/Product.
The User warrants that the person, who has agreed to the terms of this Agreement, has full authority to bind the User.
All matters arising from or in connection with this agreement, its validity, existence or termination shall be governed by the laws of Slovak republic, exclusive of any provisions of the United Nations Convention on the International Sale of Goods and without regard to its principles of conflicts of law.
All disputes arising out of or in connection with the present contract and not amicably settled within a period of three (3) months starting from the date the dispute arose, shall be finally settled by the Slovak courts competent under the Code of Civil Dispute Procedure.
User shall comply with all applicable international regulations that apply to the Software/Product, including all applicable export regulations, as well as importation, manufacturing, end-user, end-use and destination restrictions issued by applicable governmental authorities.
Neither party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party. Should any provision or part of any provision of this Agreement be found void or unenforceable by a court or competent jurisdiction, such provision of part thereof, shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect. The English version of this Agreement shall be the version used when interpreting or construing this Agreement.